Policy Code: GCPA

Adoption Date: Tuesday, March 25th, 2014

Review Date: Tuesday, May 15th, 2018

EMPLOYEE DUE PROCESS (Administrative)

All employees shall be given procedural due process, prior to termination, probation or suspension, for inappropriate behaviors or acts committed by the employee (see GCP Termination of Employment). This due process will follow the procedure detailed in the Employee Relations and Corrective Discipline Handbook in accordance with state law 53A-8, Utah Orderly School Termination Procedures Act. 53A-8a-101, Public Education Human Resource Management Act.

Guidelines include but are not limited to:

  1. Requiring employees to know rules and regulations of the State, District and or/school.
  2. Proper oral and written notification being given to employee
  3. If charges are disputed, opportunity being given to employee to hear evidence and request a fair hearing.
DUE PROCESS FOR APPEALS

Employees shall have the right to appeal an administrative decision. Such an appeal shall include the rights to the following guidelines and conditions:

  1. A hearing before the Superintendent, in the case of probation or suspensions, or before a board, in the case of a termination. The request for such a hearing must be received in writing by the District within fifteen (15) calendar days of the notice being received by the individual. If the individual does not request in writing a hearing within this time frame, it is deemed they have waived and relinquished all rights to such a hearing.
  2. After timely receipt of an individual’s request for a hearing, the District will notify the individual of the date, time and place of the hearing. The School Board may act as the hearing board or delegate it’s authority to a hearing officer.
  3. At the hearing, an employee has the right to counsel, to provide witnesses, to hear testimony against the employee, to cross-examine witnesses, and to examine documentary evidence. Written notice of suspension, probation, or final termination, including findings of fact upon which the action is based, will be given to the individual if the action is for cause. a. A recording and minutes will be taken at the hearing and, if requested by the employee or school district, will be retained by the school district for at least two years. Copies will be available to the employee.