SERIES 4000: DISTRICT EMPLOYMENT
4600 The Superintendent
4606 Discipline and Termination
The Board may discipline or discharge the Superintendent in conformance with the procedures and standards set forth in the Superintendent’s individual employment contract with the Board. Where there is reason to believe that the Superintendent has engaged in conduct, performance, or behavior that warrants discipline, the President has the authority to place the Superintendent on paid administrative leave after consultation with legal counsel and pending investigation and further Board action.
If the President receives a complaint against the Superintendent that warrants review at a Board meeting, the Board may convene in open session or closed session at the Superintendent’s request, to consider the complaint.
When considering whether discharge or a long-term unpaid disciplinary suspension is appropriate, the Board will provide the Superintendent with advance written notice of disciplinary charges and an opportunity for a hearing at a Board meeting. The Superintendent may request closed session consideration of the complaint or charges. If the Board is considering discharge or a long-term unpaid disciplinary suspension of the Superintendent, and the Superintendent requests a hearing, the Superintendent has the right to bring legal counsel (at the Superintendent’s expense) to hear and contest the evidence supporting the discharge or long-term suspension and to submit evidence opposing the discipline.
If the Board concludes, by a preponderance of the evidence, that discharge or a long-term unpaid disciplinary suspension is warranted, the Board may discharge or suspend the Superintendent so long as the basis follows the standards identified in the Superintendent’s employment contract. If the Superintendent’s individual employment contract does not include a discipline provision, the Board may implement discipline for any lawful reason. Written discipline will be placed in the Superintendent’s personnel file.
A suspension without pay may be imposed as a disciplinary consequence, consistent with the FLSA, for infractions of safety rules of major significance or infractions of workplace conduct rules, such as rules prohibiting unlawful harassment, workplace violence, drug or alcohol use, or for infractions of state or federal laws. Disciplinary deductions may only be made in full-day increments and must be imposed pursuant to a written Policy applicable to all employees.
The Superintendent’s discharge will not negate residual rights that the Superintendent may have acquired under the Teachers’ Tenure Act. Tenure charges seeking the Superintendent’s discharge may be issued if appropriate.
Evidence of substantiated unprofessional conduct cannot be suppressed or removed from a personnel file consistent with Revised School Code Section 1230b.
If the Superintendent fails to comply with certification, permit, or continuing education standards as required by law, the Superintendent’s contract terminates immediately.
Legal authority: 29 CFR 541.602(b)(5); MCL 15.268(a); MCL 380.11a(3)(d), 380.601a, 380.1230b
Date adopted: 08/09/2021
Date revised:
