The power to suspend certificated professional employees is expressly granted to the Board of Trustees of the school district pursuant to statute (Idaho Code 33-513). The Board of Trustees may exercise the power of suspension for disciplinary or investigative reasons when in the best interest of students or the district. The board may exercise this power itself or may delegate the authority to suspend certificated employees with pay to others.
DELEGATION OF POWER
Wishing to avoid any potential of the appearance or actual bias, the Board delegates the power to suspend certificated employees, with pay, to the Superintendent or designee for the purpose of investigating allegations of misconduct by the employee. Suspensions with pay may be imposed when the Superintendent or designee determines that, given the nature of the allegation(s) against the employee, it is in the best interest of the district that the employee be immediately suspended from his/her contract duties.
A suspension with pay will be terminated when the Superintendent or designee determined that the allegations are unfounded and it is appropriate for the employee to resume his/her contact duties. In the event the superintendent determines that the employee’s conduct requires disciplinary action by the board, the suspension with pay may be continued pending a due process hearing pursuant to Idaho Code § 33-513(5).
During a suspension with pay, the employee will continue to receive his/he contract salary and any benefits which he/she is otherwise entitled to receive. Such employee shall further be required to be available to consult with the superintendent or designee during regular school work hours on the days of the suspension and shall cooperate in all reasonable requests made by the administration in the conduct of the investigation.
The superintendent shall immediately notify the Chairperson when an employee is suspended with pay, and the board will be so informed at its next regular or special board meeting.
Prior to any action by the Board to discipline or discharge any certificated employee, the employee shall have notice and the opportunity for a hearing before the Board as is provided by Idaho Code § 33-513 (5).
SUSPENSION WITHOUT PAY
The Board may suspend a certificated employee, without pay, as a disciplinary measure. The suspension without pay may be imposed and the employee removed from the school setting, upon the Board’s determination that the employee has materially violated any lawful rule or regulation of the board of trustees or of the state board of education, or engaged in any conduct which could constitute grounds for revocation of a teaching certificate.
The Board will comply with procedural requirements set forth in Idaho Code §33-513 (5) prior to imposing a suspension without pay.
LEGAL REFERENCE:
Idaho Code Sections
33-513
33-513(5)
Loftus v. Snake River School District No. 52, 130 Idaho 426 (1997)
ADOPTED: September 19, 2006
AMENDED: