John Glenn School Corporation
Administrative Guidelines
 

3141 - PROCEDURE FOR SUSPENSION OF TEACHER

In all cases, a teacher shall be provided with basic due process prior to being suspended, with or without pay. Due process requires notice and an opportunity to be heard before being suspended. In those cases in which the supervisor of the professional staff member determines that a suspension without pay is warranted, the administration must follow this procedure, which is established by State law:

 

Principal's Preliminary Decision

 
 

Written notice of the Principal's preliminary decision delivered to the teacher in person or by registered/certified mail. Must contain Principal's reasons and notice of right to a private conference with the Superintendent if requested within five (5) days of receipt.

   

If requested by the teacher within five (5) days of receipt of the Principal's written recommendation

   
 

Private Conference with the Superintendent

 
 

Must be "set" within ten (10) days of the teacher's request. Teacher may be accompanied by a representative. Superintendent makes written recommendation to the Board.

   

If requested by the teacher within five (5) days of the initial private conference with the Superintendent

Private Conference with the Board

Open Door Law notice of the Board meeting in executive session is required at least forty-eight (48) hours before the meeting. Forty-eight (48) hours excludes weekends and legal holidays. For legal holidays see I.C. 1-1-9. "Evidence" must be exchanged by the parties at least seven (7) days before the conference. Teacher is allowed to present "evidence" to refute the reasons for suspension without pay and "supporting evidence" presented by "the School Corporation."

   

At the first public meeting of the Board after the later of the Board or Superintendent conference

 

Board Issues Its Written Decision

 
 

The Board may suspend a teacher without pay for a reasonable time if the decision is supported by a preponderance of the evidence (i.e., more likely than not). The Board’s decision is by a majority vote evidenced by a signed statement in the minutes of the Board. The final decision must be in writing and must be made not more than thirty (30) days after the Board receives the teacher's request for the additional private conference with the Board. Is the Board's decision "final"? See Warren v. Indiana Telephone, 26 N.E. 2d 399 (Ind. 1940), and Muncie Schools v. Barnell, 678 N.E. 2d 799 (Ind. App. 1997), holding the Indiana Constitution's separation of power clause requires judicial review of administrative decisions. Decision should include findings of fact and conclusions of law.

The time periods set out in the above procedure shall be extended for a reasonable period when a teacher or school official is ill or absent from the School Corporation or for other reasonable cause.

I.C. 20-28-9-22

Approved 3/1/16

© Neola 2015