SUSPENSION AND DISMISSAL OF PROFESSIONAL STAFF MEMBERS
The Superintendent will strive to assist personnel to perform their duties efficiently. However, the Superintendent may dismiss any employee in accordance with state law. Further, the Committee recognizes the constitutional rights of the District's employees and assures them the protection of due process of law. To guarantee such rights, a system of constitutionally and legally sound procedures will be followed in each case of suspension or dismissal of an employee.
When the Superintendent or a Principal determines that sufficient cause exists that a professional employee be suspended or dismissed from service in the school system, he or she will:
- Be certain that each such case is supported by defensible records.
- Determine if the individual is to be suspended immediately with the understanding that the suspension will be subject to restoration of salary and position if an appeal is decided in favor of the individual.
- Follow the procedures for dismissal or suspension that are contained in applicable laws as well as those included in the current agreement with the teachers' bargaining unit.
- Provide the individual involved with a written statement that will:
- Indicate whether the action the Superintendent is taking is dismissal or suspension.
- State the reason for the suspension or dismissal.
- Guarantee that all procedures will be in accordance with due process of law.
- Inform employees who have a right to request a hearing under appropriate laws that they may be represented at such a hearing by counsel of their choice.
SOURCE: MASC September 2016
LEGAL REFS.: M.G.L. 71:42; 71:42D
Approved by SC: 6/17/21