Discussion 7N

Discussion 7atleast 350 words

A district must have procedures for discipline, dismissal, and non-renewal of employees. Select a bargaining unit and answer the following:

1. Given a recommendation to terminate an employee’s contract identify the school site administrator’s responsibilities regarding termination as required in Florida statutes (or in whichever state you work in). Keep in mind that all teachers do not have the same status based on their contract (e.g. professional service contract, continuing contract or annual contract).
2. How does the Standard for Just Cause effect employment decisions?

 

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Respond to one with at least 150 words

Cecila

If disciplinary actions are brought against an employee for one incident or multiple incidents, an employee has the right to appeal the decision. The appeal process is similar for employees but differs based on the type of contract an employee has. An employee can hold one of three types of contracts, professional, continuing, or annual. Regardless of the type of contract, an employee’s recommendation for dismissal must comply with Florida Statutes. Additionally, written notification must be provided to the employee before any action is taken against the employee. The notification must include the employee’s charges and their rights to appeal, pursuant to Florida Statutes.

Professional – An employee that has a professional contract shall be renewed the following year. Unless the Superintendent charges the employee with a below standards rating. If dismissal is recommended, the employee must be notified in writing, no later than six weeks, and have 45 calendar days of receipt of the written appeal. A hearing is conducted and if the employee chose to appeal he/she may do so within 60 calendar days in accordance with the Florida Statutes.

Continuing – The employee must be notified of the decision to dismiss by certified letter to the last known address on record. The employee has 20 calendar days of receipt of the written notice to appeal to the Sup or designee. A hearing is conducted and if the employee chose to appeal he/she may do so within 30 calendar days in accordance with the Florida Statutes.

Annual – Any employee that is on an annual contract is considered to be on a probationary period during the first 97 days of employment. At this time, an employee may be dismissed without cause.

The role of the principal is to notify the employee as soon as possible of the rule, regulation or policy violated. The principal and employee may have an informal discussion if the conduct does not warrant formal disciplinary actions. If the violation is severe and warrants disciplinary action, the principal was notify the employee of a Conference-for-the-Record (CFR). The principal must notify the employee no less than two working days, except in a case deemed urgent.

Any employee may be dismissed for just cause. According to Miami Dade County, “just cause includes, but is not limited to” deficient or non-performance of job responsibilities; violating a rule, regulation or policy, office misconduct, gross insubordination, willful neglect of duty, immorality and adjudication of guilt or convention of a crime involving moral turpitude or a felony charge”.

Isaiah

In North Brunswick Township Schools, of central New Jersey, there is a termination clause included in each individual contract. The termination clause states that either party can terminate the contract at any time given the proper notice. In New Jersey, teachers are held to sixty days after resignation unless their board of education releases them sooner. The policy states that the Board may terminate an employee for the following reasons: incompetence, immorality, unfitness for service, insubordination, reduction in force, or other good cause (North Brunswick Township Board of Education, 2003a). With sufficient cause, a non-tenured teacher can be terminated without notice (North Brunswick Township Board of Education, 2003b).

If a teacher is to be non-renewed, they shall be notified by May 15th of the same school year (North Brunswick Township Board of Education and the North Brunswick Township Education Association, 2022). Upon receiving the notice of non-renewal, teachers are allowed to request, in writing, a detailed reason statement of non-employment from the superintendent or their designee. The individual then has ten days to respond to the written request from the terminated teacher (North Brunswick Township Board of Education and the North Brunswick Township Education Association, 2022). The superintendent, or designee, is responsible for all notifications – not building administration.

The Standard for Just Cause is the standard that employers must comply with when disciplining employees (Massachusetts Nurses Association, 2022). Termination under Just Cause must be: supported by evidence, reasonably be­lieved by the employer to be true, and, is not for any random, personal, emotional, or illegal reason (Maietta v. United Parcel Services, 1990). This standard affects employment decisions because it holds employers accountable to make sure they are keeping records, gathering evidence, and making decisions based on said evidence. The Standard of Just Cause does not protect one’s employment, but rather, Just Cause sets out a process that will make sure employees are not unjustly terminated.

Employees will continue to be non-renewed in the field of education. The hope is that these employees were provided time to correct the deficiency and that the administration terminated the employee with the Standard of Just Cause in mind.