TERMINATION OF EMPLOYMENT

Any employee who substantially violates the policies of the school board or who acts against the interest of the school may be terminated.


DISMISSAL, DEMOTION and SUSPENSION WITHOUT PAY


Pre-disciplinary Procedure: Before a non-probationary employee must be dismissed,

demoted or suspended without pay, the Principal or his/her designee shall file the non-probationary employee written notice of the charges, a summary of the basis for the charges and an opportunity for the non-probationary employee to present a response.


Disciplinary Procedure: The Principal or his/her designee may dismiss, demote or suspend without pay any non-probationary employee with non-probationary status only for cause but not before attempting to serve the non-probationary employee personally or by registered email, with written notice of the specific reasons for the disciplinary action in sufficient detail to inform the non-probationary employee of the fact. The action is not

effective until one of the following occurs:


  • The non-probationary employee sign for receipt of the disciplinary letter or


  • An attempt is made to personally serve the disciplinary letter, but the non-probationary employee refuses to sign for receipt of the letter. Such attempt to personally serve the letter shall be witnessed, or


  • Three (3) working days have passed since the letter was emailed to the non-probationary employee.


The Principal or his/her designee may suspend an employee without pay for up to one (1) working days. There is no right to appeal a suspension for up to one (1) working days.


Probationary Employees: This section does not apply to probationary employees.



Relief from Duty: Nothing in this rule shall preclude the Principal from immediately placing an employee on administrative leave pending implementation procedures under this rule, but no pay shall be withheld for such period.



Non-Renewal: Failure to renew the contract of an employee who was under contract for a specific period of time shall not be considered a dismissal or a Disciplinary action. An employee shall have no right to appeal a non-renewal contract.


Voluntary Termination (Resignation)


Employees are requested to give at least thirty (30) days written notice of their intent to resign.


An employee who has submitted a letter of resignation may not withdraw the resignation after it has been accepted by the Board. The resignation shall become effective as of the date specified in the letter of resignation, unless otherwise mutually agreed between the Board and the employee. However, the Board may at any time dismiss an employee as otherwise provided in this Manual.


The following procedures shall be followed in the case of resignation from employment.


  • The employee shall provide a written notice of their intent to resign to the Principal.


  • The Principal shall place the resignation on the agenda for Board review at the next scheduled Board meeting.


  • The employee shall be notified of when his/her resignation letter will be considered by the Board.


  • It is solely within the discretion of the Board to accept or reject the letter of resignation.


  • The immediate supervisor shall account for all school property issued to the employee before the effective date of the resignation.


  • The Principal shall conduct an exit interview with the resigning employee before the effective date of resignation.


  • If the employee has outstanding debts or owes property to the School, the immediate supervisor shall take all necessary steps to initiate repayment on the part of the employee and to receive receipt of the property from the employee, before the final paycheck is released. The immediate supervisor shall notify the Principal in writing that he/she has accounted for all school property issued to the employee, has taken steps to initiate repayment/receipt of property and that the final paycheck can be released by the School.


Involuntary Termination (Dismissal Other Than Layoff/Reduction-in-Force)


Probationary employees are employees-at-will and may be terminated at any time, with or without cause. Probationary employees have no right to appeal their dismissal.


Non-probationary employees may be terminated for cause. Examples of infractions which may result in disciplinary action, including involuntary dismissal, are included in the Table of Penalties. However, it is not possible to list all the forms of behaviour which are considered unacceptable in the workplace and the Board may in its discretion dismiss any employee for unsatisfactory performance, unprofessional conduct, insubordination, violation of policies or

laws, or such other conduct that constitutes cause to dismiss. While the Board may choose to take a lesser disciplinary action such as a warning or suspension for a first offence, the Board may in its discretion dismiss an employee for a first offence if appropriate depending on the facts and circumstances of the situation.


Involuntary Dismissal Procedures (other than Layoff/Reduction-in-Force)


  • Dismissal of an employee may be recommended by the Principal or by the supervisor. The Principal in consultation with the supervisor will draft a notice of intent to terminate letter setting forth the reasons for the recommendation for termination and citing the specific policy violations violated by the employee. A copy of this notice of intent to terminate letter will be hand delivered or mailed by email to the employee.


  • The notice of intent to terminate letter will be provided to the Board at a Board meeting with a recommendation to the Board by the Principal as to whether reasonable cause exists to terminate the employee.


  • If the Board after reviewing the notice of intent to terminate letter and after receiving the recommendation from the Principal, believes that adequate cause exists to terminate the employee, the employee will be sent by personal delivery or through email a letter from the Board terminating the employee and setting forth the reasons for the termination and citing policies violated by the employee. The termination will become effective two (2) working days after the letter is sent unless the employee appeals the termination decision to the Board within the two (2) working days.


If the employee appeals the termination to the Board, the employee will proceed on Leave without pay pending the outcome of the termination appeal.


Once the Board receives the termination appeal, the Board will hold a meeting to hear the employee’s appeal. The Board, at its discretion, may designate a hearing officer to hear the appeal.


At this hearing the Principal or designee shall present the termination against the employee and will present to the Board witnesses and other exhibits pertaining to the termination letter.


The employee shall thereafter present his/her witnesses and documentation with regard to the termination letter.


All testimony shall be taken under oath, the proceeding shall be tape recorded, and both sides shall have a right to cross-exam the other side’s witnesses. Formal Rules of Evidence shall not apply and the Board will allow in any evidence that is relevant and non-repetitive.


After both sides have presented their case, both sides will be allowed a brief closing argument.


After both sides have presented a closing argument, the Board shall deliberate and decide to: 1) uphold the termination; 2) reject the termination; 3} impose a lesser disciplinary action.


The decision of the Board shall be final and effective immediately.


Pending action by the Board, an employee may be placed on leave without pay and benefits


Layoff/Reduction-in-Force


This provision relates to any involuntary employment termination for non-disciplinary reasons initiated by the organization due to economic need, insufficient federal funding, changing program needs, a reduction in student count, reductions in work load or other factors which, in the sole discretion of the Board, render such action prudent and in the best interest of the School. The Business Manager and or the Principal shall notify the Board when funding or workload circumstances require a layoff/reduction-in-force. The Principal shall submit a layoff/reduction-in-force plan to the Board.


In developing such a plan, whether during the academic year or at the time for contract renewal decisions, the Principal shall give preference in retention to positions essential to the administration and operation of the School. In considering the Principal's plan, the Board shall also give preference in retention to such positions.


The Principal and the Board shall also consider the following factors in making layoff/reduction-in-force decisions, whether during the academic year or at the time for contract renewal decisions:


  • The best interest of the school and the educational mission of the school.


  • Importance to the School of position held.


  • Quality of service to the School


  • Recommendations of supervisors.


  • Length of service to and employment with the School


The Board shall give all affected employees prior written notice of any anticipated layoff or reduction in force.