3140 - SUSPENSION OR DISMISSAL OF STAFF
It is the desire of the Board to maintain a staff of well-trained, competent instructors in order to offer comprehensive services to the students of this District.
Administrators
An administrator may be suspended, returned to annual contract (if holding a continuing contract), or dismissed at any time during the contract year pursuant to provisions set forth in Florida statutes, the Rules of the Educational Practices Commission, and/or for cause. Additionally, Policy 8141 sets forth the procedures for the mandatory reporting of alleged misconduct by school administrators to the Florida Department of Education.
Administrators may be required to take such recognized examinations as the Superintendent deems necessary to evaluate their health, competence, and/or performance. Refusal to take required examination(s) shall be grounds for immediate dismissal. The Board shall pay for the cost of the examination(s).
The Superintendent shall determine the effective date of suspension, reassignment, or dismissal.
No employee may be suspended from duty except by the Superintendent or the Board. The Board hereby delegates to the Superintendent authority to suspend a member of the staff, subject to the provisions of Policy 3140.01 and as provided by applicable law. The Board shall be notified of all such suspensions.
Instructional Employees
Any instructional personnel with an annual contract may be suspended or dismissed at any time during the term of the contract for just cause as defined below. The Board must notify the employee whenever charges are made and may suspend such person without pay. As defined by State law, "just cause" includes, but is not limited to:
immorality;
misconduct in office;
incompetency;
gross insubordination;
willful neglect of duty;
being convicted or found guilty of, or entering a plea of guilty to, regardless of adjudication of guilt, any crime involving moral turpitude.
In the case of a suspension without pay by the Superintendent or the Board, an affected employee shall be entitled to a hearing on the charges as to why the employee was suspended without pay. Said hearing shall be upon reasonable notice by the Superintendent. However, if the charges are not sustained, the employee must be immediately reinstated with back pay.
No member of the staff may be dismissed except by action of the Board.
If the employee wishes to contest the charges, s/he must, within fifteen (15) days after receipt of the written notice, submit a written request for a hearing to the Board. A direct hearing must be conducted by the Board or a subcommittee thereof within sixty (60) days after receipt of the written appeal. The hearing shall be conducted in accordance with F.S. 120.569 and 120.57 of the Administrative Procedures Act. A majority vote of the membership of the Board is required to sustain the Superintendent's recommendation. The Board's determination is final as to the sufficiency or insufficiency of the grounds for suspension without pay or dismissal. Any such decision adverse to the employee may be appealed by the employee pursuant to F.S. 120.68 relating to judicial review.
Non-renewal of employees during their probationary period or upon expiration of an annual contract shall not be considered dismissal and shall not be subject to this policy.
Any member of the instructional staff who is employed under an annual contract may be suspended or dismissed at any time during the term of his/her contract for cause pursuant to provisions of Florida statutes.
Any member of the instructional staff who is under continuing contract may be suspended or dismissed at any time during the school year pursuant to the provisions set forth in State law.
Policy 8141 sets forth the procedures for mandatory reporting of alleged misconduct by instructional staff members to the Florida Department of Education.
The Superintendent shall determine the nature and effective date of the suspension or dismissal.
Support Staff Employees
Support staff members may be dismissed for cause. Employees who have not completed the 180 calendar day probationary period may be discharged without recourse and shall not be subject to the provisions of the grievance procedure.
Support staff members may be required to take such recognized examinations as the Superintendent or designee deems necessary to evaluate their health, competence, and/or performance. Refusal to take such required examinations may be grounds for immediate dismissal. The Board shall pay for the cost of the examination(s).
The Superintendent shall determine the effective date of termination.
Employees in bargaining units should refer to the negotiated agreements.
Revised 4/28/09
Revised 12/13/11
Revised 10/28/14
Revised 5/20/25
© Neola 2011