Classified Personnel Suspension and Dismissal Policy 7940
Purpose
The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the importance of maintaining high standards of conduct and performance among classified personnel, while also ensuring that employees are treated fairly and in accordance with state law. This policy establishes procedures for the suspension and dismissal of classified personnel in compliance with applicable legal requirements and best practices for K-12 residential schools serving students who are deaf and hard of hearing.
Policy Statement
Classified personnel employed by ENCSD may be suspended or dismissed for just cause, consistent with North Carolina law, applicable employment contracts, and the personnel policies of ENCSD. The Superintendent is responsible for recommending suspension or dismissal actions to the Board, except as provided by law or policy.
The Board is committed to ensuring that all suspension and dismissal actions are conducted fairly, provide due process, and provide the rights of employees while maintaining safety, welfare, and educational mission of the school.
Definitions
- Classified Personnel: Employees of ENCSD, who are not certified teaching personnel, including administrative support, operations, maintenance, and other non-certified staff.
- Suspension: A temporary removal of an employee from duties, with or without pay, pending investigation, disciplinary action, or other administrative process.
- Dismissal: The permanent termination of employment by the Board of Trustees.
- Just Cause: A legitimate and substantiated reason for suspension or dismissal, which may include, but is not limited to:
- Neglect of duties
- Insubordination
- Misconduct
- Violation of school policies or procedures
- Actions that endanger students, staff, or the school community
Suspension Procedures
- Initiation: The Superintendent or designee may suspend classified personnel with or without pay when circumstances warrant, such as to ensure the safety of students or staff or to allow time for investigation.
- Notification: Written notice of suspension will be provided to the employee, including:
- Reason for suspension
- Effective dates
- Conditions of suspension (with or without pay)
- Investigation: The Superintendent will conduct an investigation if necessary to determine whether further disciplinary action, including dismissal, is warranted.
Dismissal Procedures
- Recommendation
The Superintendent may recommend dismissal to the Board of Trustees after investigation and review.
- Notice of Proposed Dismissal
Written notice of proposed dismissal will be provided to the employee, including:
- Specific reasons for dismissal
- Reference to policies or rules allegedly violated
- Information on the employee's right to respond or appeal
- Due Process
Classified personnel are entitled to due process in accordance with North Carolina law, which may include:
- Opportunity to present a written or oral response
- Hearing before the Board or an appointed hearing officer if requested
- Board Action
The Board of Trustees will review the recommendation and any response from the employee before taking final action. Dismissal decisions will be made ay majority vote and documented in the official Board minutes.
Appeals
Classified personnel may appeal suspension or dismissal actions in accordance with applicable law, Board policy, or personnel procedures established by ENCSD.
Legal References
- N.C. Gen. Stat. §115C-325 (Suspension and Dismissal of Classified Employees)
- N.C. Gen. Stat. §115C-36 (Duties and Powers of the Local Superintendent)
ENCSD Personnel Policies