Any professional employee or other employee who is not eligible for a probationary contract or a term contract under DCA(LOCAL) or DCB(LOCAL) and with whom the Board desires to establish a mutually binding agreement for a specific period of time shall be employed under an employment agreement. Positions subject to employment by an employment agreement include:
Professional employees in positions requiring certification who are not eligible for a probationary or a term contract;
Directors of support services areas, such as transportation, food service, and maintenance/custodial; and
Classroom teachers, librarians, school counselors, or school nurses employed after the first day of instruction.
An employee may resign during the term of an employment agreement by providing at least 60 days' written notice to the Superintendent. Release during the term of an employment agreement under any circumstances shall require Board approval and ordinarily shall not be approved unless a suitable replacement can be found.
An employee who has returned a signed employment agreement may resign before the beginning date of the agreement by providing a written resignation to the Superintendent at least 45 days before the beginning date specified in the agreement.
The Board may dismiss an employee during the term of an employment agreement by providing 60 days' written notice to the employee that the agreement will terminate in 60 days.
The Board may dismiss an employee during the term of the agreement without 60 days' notice by providing notice and a hearing, as described below.
After consulting with the Board, the Superintendent shall give the employee ten days' written notice of the Board's intention to terminate the agreement, including a statement of the cause for the action and an explanation of the District's evidence, in enough detail for the employee to show any errors that may exist.
The employee may request a hearing before the Board by making a written request to the Superintendent within seven days of receipt of the notice. The Board shall conduct a requested hearing within 15 days of receiving the request. If the employee does not request a hearing in a timely manner, the Board shall take the appropriate action and shall notify the employee in writing of that action within seven days.
At a hearing, the employee has the right to be represented by a person of the employee's choice, hear the evidence supporting the cause for termination or suspension without pay, cross-examine adverse witnesses, and present evidence in support of the contention that he or she should not be dismissed or suspended without pay.
The Board's decision shall be based on the evidence presented at the hearing and shall be effective when it is announced to the employee. In addition, the Board shall notify the employee in writing of its decision within seven days.
Suspension Without Pay
The Board may suspend an employee without pay for a definite period by following the procedure for dismissal, except that the employee will receive five days' written notice of the intended action and will have three days to request a hearing, which will be held within ten days after a request is received.
Suspension with Pay
An employee may be suspended with pay from the date of the notice of intent to terminate or suspend without pay until the date of the Board's final action on the matter.