GCQ - Professional Staff Orderly Dismissal
Date Adopted: 3 August 1988
Current Review / Revision: 14 May 2025
Definitions
1. “Contract Term” or “Term of Employment” means the period of time an employee is engaged by the School District under a contract of employment whether oral or written.
2. “Dismissal” or “Termination” means:
a. Any termination of the status of employment of an employee;
b. Failure to renew the employment contract of an employee who, pursuant to the employment practices of the School District, has a reasonable expectation of continued employment in successive years;
c. Reduction in salary of an employee not generally applied to all employees of the same category in the employ of the School District during such employee’s contract term;
d. Change of assignment of an employee with an accompanying reduction in pay, unless such assignment change and salary reduction is agreed to in writing.
3. “Employee” means a career or provisional employee of the School District, but does not include:
a. The Superintendent
b. The Business Administrator
c. A temporary employee
d. An at-will employee
4. “Career Employee” means an employee of the School District who has reasonable expectation of continued employment as defined in district policies GCJ and GDI.
5. “Provisional Employee” means an employee of the School District who has not obtained career status with the District as defined in District policies GCJ and GDI.
6. “Probationary Employee” means an employee who has been placed on intensive assistance (probation) as defined in this policy and in the district evaluation procedures.
7. “Temporary Employee” Means and employee who works for the District for a time-limited period or as a substitute employee and has no expectation of continued employment. An appointment of a temporary employee may not be for a period of time greater than one year. Temporary employees are employed at the will of the District and may be terminated at any time without cause. Temporary employees are not career employees or provisional employees as defined by Utah Code § 53G-11-501 and the policies of this District.
Utah Code §53G-11-501(16) (2024)
8. "At-Will Employee" means an employee who works for the district less than half-time during their contract term or term of employment and have no expectation of continued employment.
9. "Insubordination" means willful disobedience, by a school district employee, of a District or school policy or a reasonable request or directive of an administrator or supervisor, or an intentional display of disrespect toward a school or district administrator, supervisor or board member, while acting in their capacity as an administrator, supervisor or board member.
10. “Extra Duty Contracts” means an employee who is given extra duty assignments in addition to a primary assignment, such as a teacher who also serves as a coach or activity advisor, is a temporary employee in those extra duty assignments and may not acquire career status beyond the primary assignment. There are no rights to a due process hearing if a person is released from coaching or an extra duty position. A person may be released from a coaching or extracurricular position at the discretion of the Board.
11. “Contracted Service Providers” are individuals regardless of employment status (full or part-time) who by nature of their profession are not required to hold a professional certificate issued by the Utah State Board of Education who are paid by contract to provide specific types of services for the District but who are not employees, are not on the District payroll and do not receive the same benefits enjoyed by regular employees of the District.
Grounds for Non-Renewal or Termination
Grounds for non-renewal or termination include: neglect of employment obligations, in-competency, unprofessional conduct, wanton carelessness or neglect, inability to perform the essential functions of the job - with or without accommodations, employment elsewhere during working hours, failure to report to work without legitimate reason, immoral conduct, breaching confidentiality, dishonesty, insubordination, conviction of a job-related felony, conduct on school premises or with students which violate the criminal laws of the State of Utah, or which demonstrates moral turpitude, etc.
An employee who has been dismissed for any of the above reasons will be ineligible for re-employment. Any person terminated through dismissal for any of the above reasons will forfeit all accrued rights and privileges, including leave entitlement and vacations.
At-Will and Temporary Employees
At-will or temporary employees may be terminated at any time and have no expectation of continued employment.
Non-Renewal of Provisional Employees
All contracts during the provisional period shall be on an annual basis. The District is not required to provide a cause for not offering a contract to a provisional employee. The provisional employee, however, may presume that he/she will be re-employed for successive years unless otherwise notified in writing at least 60 days prior to the end of the contract school year during the qualifying years of employment.
Non-Renewal or Termination of a Career Employee’s Contract for Unsatisfactory Performance
1) If the District intends to not renew a career employee’s contract for unsatisfactory performance or terminate a career employee’s contract during the contract term for unsatisfactory performance, the District shall:
a) Notify the employee at least 30 days prior to issuing a notice of intent not to renew the employee’s contract that continued employment is in question and the reasons for anticipated non-renewal;
b) The Principal or designee shall provide and discuss with the employee written documentation clearly identifying the deficiencies in performance;
c) The Principal or designee shall develop and implement a plan of assistance, in accordance with procedures and standards established by Policy GCO or Policy GDO, to allow the employee an opportunity to improve performance;
d) Provide to the employee a sufficient time period to successfully complete the plan of assistance of at least 30 days but not more than 120 days in which to correct the deficiencies; except the 120-day limit may be extended when:
a. an employee is on leave from work during the time period the plan of assistance is scheduled to be implemented; and the leave was approved and scheduled before the written notice intent not to renew was provided; or
b. the leave is specifically approved by the Board.
e) The time period to correct the deficiencies may continue into the next school year;
f) The time period to implement the plan of assistance and correct the deficiencies shall begin when the employee receives the written notice provided under Subsection (1) and end when the determination is made that the employee has successfully remediated the deficiency or notice of intent to not renew or terminate the employee’s contract is given in accordance with Subsection (8);
g) The Principal or designee shall reevaluate the employee’s performance;
h) If upon a reevaluation of the employee’s performance, the District determines the employee’s performance is satisfactory, and within a three-year period after the initial documentation of unsatisfactory performance for the same deficiency pursuant to Subsection (2), the employee’s performance is determined to be unsatisfactory, the District may elect to not renew or to terminate the employee’s contract.
i) If the employee’s performance remains unsatisfactory after reevaluation, the Superintendent or designee shall give notice of intent to not renew or to terminate the employee’s contract, which shall include written documentation of the employee’s deficiencies in performance.
j) Nothing in this Policy shall be construed to require compliance with or completion of evaluations prior to non-renewal of a career employee’s contract.
k) An employee whose performance is unsatisfactory may not be transferred to another school unless the Board specifically approves the transfer of the employee.
Nonrenewal or Termination Procedures
1) If the District intends to not renew or discontinue a career employee’s contract or to terminate a career employee or provisional employee’s contract during the contract term:
a) The District shall give written notice of the intent to the employee;
b) The notice shall be served by personal delivery or by certified mail addressed to the employee’s last known address as shown on the records of the district;
c) The District shall give notice at least 30 days prior to the proposed date of termination;
d) The notice shall give the date of termination and detailed reasons for termination;
e) The notice shall advise the employee that he/she has a right to a fair hearing And that the hearing is waived if it is not requested within 15 days after the notice or termination was either personally delivered or mailed to the employee’s last known address as shown on the records of the district; and
f) Failure of the employee to request a hearing in accordance with the hearing procedures set forth in the notice constitutes a waiver of that right and the District may proceed with termination without further notice.
2) Employees being terminated may, at the discretion of the district, be placed on administrative leave, pending a hearing, if continued employment of the individual may be harmful to students or to the District.
a) Employees may be placed on administrative leave without pay if the District determines, through investigation and talking with the employee that it is more likely than not that the allegations against the employee are true.
b) If termination is not subsequently ordered, the employee shall receive back pay for the period of contract time the employee was on administrative leave without pay.
c) Notice of Intent Not to Offer a Contract to a Provisional Employee—
If the District intends not to offer a contract of employment for the succeeding school year to a provisional employee, it shall give notice at least 60 days before the end of the provisional employee’s contract term that the employee will not be offered a contract for a following term of employment. Because provisional employees do not have an expectation of continued employment, they do not have a right to grieve the decision not to renew employment and do not have a right to a hearing.
d) Notice of Intent to Terminate or Not Offer a Contract to a Temporary Employee—
Temporary employees will be given notice of a minimum of 10 working days of the termination of their employment. Because temporary employees do not have an expectation of continued employment, they do not have a right to grieve the decision to terminate or not to extend employment and do not have a right to a hearing.
e) Expectation of Continued Employment in Absence of Notice—
In the absence of a notice, a career or provisional employee is considered employed for the next contract term with a salary based upon the salary schedule applicable to the class of employees into which the individual falls.
This provision does not preclude the dismissal of a career or provisional employee during the contract term for cause.
qUtah Code § 53G-11-513 (2018)
f) Right to an Informal Conference—
A notice of intention not to renew the contract of a career employee or of an intention to terminate the contract of a career or provisional employee during its term must advise the individual that he or she may request an informal conference before the Superintendent or Superintendent’s designee. The request for an informal conference must be made in writing and delivered to the Superintendent's within 10 days of the date on the notice of intention not to renew or notice of termination during the contract term. The informal conference will be held as soon as is practicable. Suspension pending a hearing may be without pay if the Superintendent or a designee determines after the informal conference, or after the employee had an opportunity to have an informal conference, that it is likely that the reasons for cause will result in termination.
g) Employee’s Right to Hearing—
A notice of intention not to renew the contract of a career employee or of an intention to terminate the contract of a career or provisional employee during its term must also advise the individual that if after the informal conference the employee wishes a hearing on the matter, he or she must submit written notice to that effect to the Superintendent’s office within five (5) days of the informal conference. If the employee wishes to not have an informal conference, but does wish to have a hearing, he or she must submit written notice to that effect within 15 days of the date on the notice of intent not to renew or notice of termination during the contract term. Upon timely receipt of the notice, the Superintendent will notify the Board, which will then either appoint a hearing examiner or hearing board or determine to hear the matter itself. In either case, the Board will then send notice of the date, time and place of hearing to the Superintendent and to the employee. If the employee does not request a hearing within 15 days, then the employee shall have waived any right to a hearing and to contest the decision. . The employee is entitled to have legal counsel, to produce witnesses, to hear testimony against the employee, to cross-examine witnesses, and to examine documentary evidence.
h) Appointing a Hearing Examiner—
If the Board of Education determines that the hearing shall be conducted by a hearing examiner or board, it shall so advise the Superintendent to appoint a board of three District administrators who have no substantial knowledge of the facts of the case or select an independent hearing examiner.
In so appointing a hearing examiner or hearing board, the Board of Education may delegate its authority to the hearing officer or hearing board to make findings and decisions relating to the employment of the employee that are binding upon both the employee and the Board of Education. In the absence of an express delegation, the Board retains the right to make its own decision based on the factual findings of the hearing officer.
Utah Code § 53G-11-515(1) (2021)
i) Rights of Employee at a Hearing—
At the hearing, the employee and administration each have right to counsel, to produce witnesses, to hear testimony, to cross-examine witnesses, and to examine documentary evidence.
Utah Code § 53G-11-515(2) (2021)
j) Hearing Record—
Hearings before the Board or before a hearing examiner appointed by the Board shall be recorded at the District’s expense.
Utah Code § 53G-11-515(4) (2021)
k) Decision—
Within 15 days after the hearing, the person or entity that conducted the hearing, whether the hearing examiner, hearing board, or Board of Education, shall issue written findings and conclusions deciding the matter. These shall be provided to the employee by mail or personal delivery.
In the event the decision of the board or hearing officer is to not terminate the employment of the employee, then the employee shall be reinstated and back pay shall be paid if the employee was suspended without pay pending a hearing.
l) Appeal of Decision—
The final decision or action of the Board may be appealed to the Utah Court of Appeals as provided in Utah Code § 53G-11-515(5).
Utah Code § 53G-11-515(5) (2021)
m) Suspension During Investigation—
The active service of an employee may be suspended by the Superintendent pending a hearing if it appears that the continued employment of the individual may be harmful to students or to the District. The employee shall be provided written notice of the suspension, which may be included with written notice of termination of employment during the contract term or notice of non-renewal of contract.
Necessary Staff Reduction (53G-11-516)
1) Nothing in this policy or Utah Code prevents staff reduction if necessary to reduce the number of employees because of the following:
a) declining student enrollments in the district;
b) the discontinuance or substantial reduction of a particular service or program;
c) the shortage of anticipated revenue after the budget has been adopted; or
d) school consolidation.
2) The school district may not utilize a last-hired, first-fired layoff policy when terminating school district employees.
3) The school district may consider the following factors when terminating a school district employee:
a) the results of an employee's performance evaluation; and
b) a school's personnel needs.
No Verbal Agreements—
It is the policy of the District that all agreements with employees must be written; there are no verbal agreements because all agreements must be approved by the Board of Education. Only the Board of Education has authority to hire and fire unless such authority has been expressly delegated in writing.
Notification to Utah Professional Practices Advisory Commission—
The Superintendent shall notify the Utah Professional Practices Advisory Commission (“UPPAC”) if an educator is determined, in any judicial or administrative proceeding, to have violated any of the Utah Educator Standards. The Superintendent shall also notify UPPAC within 30 days of receiving an allegation from a parent that an educator has violated any of the Utah Educator Standards. If possible, the notification shall be made using the form provided by the UPPAC Executive Secretary. The Superintendent shall also notify UPPAC of any criminal charges filed by a prosecuting agency. For each matter about which notice is given, the Superintendent shall also notify UPPAC of the related investigation or proceeding, any disciplinary action taken (or that no action was taken), the evidence supporting that decision, and any evidence that may be relevant if UPPAC chooses to investigate the matter. In submitting the notification to UPPAC, the Superintendent may make a recommendation to the UPPAC Executive Secretary regarding whether UPPAC investigation would be appropriate under the circumstances, taking into consideration any employment action taken by the District.
Utah Admin. Rules R277-217-5 (January 10, 2024)
Previous Review 18 June 2013