Morgan County Schools
Bylaws & Policies
 

4140 - TERMINATION FOR CAUSE AND RESIGNATION

Termination

The employment of service personnel may be terminated at any time by the mutual consent of the Board of Education and the employee.

An employment contract may be terminated at any time, upon a majority vote of the Board, for: immorality, incompetence, cruelty, insubordination, intemperance, willful neglect of duty, unsatisfactory performance, the conviction of a felony or a guilty plea or a plea of nolo contendere to a felony charge. A charge of unsatisfactory performance shall not be made except as the result of an employee performance evaluation.

Prior to any recommendation to the Board that an employee be suspended or terminated, the Superintendent shall provide the employee with notice of the grounds for the proposed recommendation and afford the employee with an opportunity to respond to the charges. The opportunity to respond shall be offered in the form of an informal meeting. The employee may elect to be accompanied by a representative or counsel, but may not be compelled to give a statement or otherwise respond to charges.

Following the opportunity of an employee to meet informally with the Superintendent, the charges shall be stated in writing served upon the employee within two (2) days of presentation of said charges to the Board. The employee so affected shall be given an opportunity, within five (5) days of receiving such written notice, to request, in writing, a level three (3) hearing and appeals pursuant to WV Code 6C-2-1 et seq. (Grievance Procedure), except that dismissal for the conviction of a felony or guilty plea or plea of nolo contendere to a felony charge is not by itself grounds for a grievance proceeding.

An employee charged with the commission of a felony may be reassigned to duties which do not involve direct interaction with students pending final disposition of the charges. Provided, if no suitable alternative position is available, the employee may be suspended without pay pending final disposition of the charges. Provided, further, no employee shall be suspended without pay pending presentation of charges to the Board unless the employee is afforded with an opportunity to give his/her version of the events in question or to otherwise respond to the charges in a meeting or conference with the Superintendent.

Any employee terminated by the Board shall be paid his/her full wages earned within seventy-two (72) hours.

Resignation

Resignations may be withdrawn anytime prior to Board approval. Resignations may not be withdrawn after they have been approved by the Board.

WV Code 18A-2-8, 21-5-4