537P - Suspension of Staff Members

  • Employees of the School Board, whether full-time or part-time, permanent or temporary, may be suspended for good and just cause

    • when the safety or welfare of the school division or the students therein is threatened or

    • when the employee has been charged by summons, warrant, indictment or information with the commission of

      • a felony; or

      • a misdemeanor involving

        • sexual assault as established in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2, of the Code of Virginia,

        • obscenity and related offenses as established in Article 5 (§18.2-372 et seq.) of Chapter 8 of Title 18.2, o the Code of Virginia,

        • drugs as established in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, of the Code of Virginia,

        • moral turpitude, or

        • the physical or sexual abuse or neglect of a child;

        • or an equivalent offense in another state.

    Except when an employee is suspended because of being charged by summons, warrant, indictment or information with the commission of any of the above-listed offenses, the superintendent or appropriate central office designee shall not suspend an employee for longer than sixty (60) days and shall not suspend an employee for a period in excess of five (5) days unless such employee is advised in writing of the reason for the suspension and afforded an opportunity for a hearing before the school board in accordance with Va. Code §§ 22.1-311 and 22.1-313, if applicable. Any employee so suspended shall continue to receive his then applicable salary unless and until the school board, after a hearing, determines otherwise. No employee shall be suspended solely on the basis of the employee's refusal to submit to a polygraph examination requested by the School Board.

    Any employee suspended because of being charged by summons, warrant, information or indictment with any of the above-listed criminal offenses may be suspended with or without pay. In the event an employee is suspended without pay, an amount equal to the employee's salary while on suspended status shall be placed in an interest-bearing demand escrow account. Upon being found not guilty of one of the above-listed criminal offenses or upon the dismissal or nolle prosequi of the charge, such employee shall be reinstated with all unpaid salary and accrued interest from the escrow account, less any earnings received by the employee during the period of suspension, but in no event shall such payment exceed one year's salary.

    In the event an employee is found guilty by an appropriate court of any of the above-listed criminal offenses and, after all available appeals have been exhausted and such conviction is upheld, all funds in the escrow account shall be repaid to the School Board.

    If an employee is suspended because of information appearing on the employee’s criminal history record, the School Board provides a copy of the information obtained from the Central Criminal Records Exchange to the employee.

    No employee will have his insurance benefits suspended or terminated because of suspension in accordance with this policy.

    The placing of a school employee on probation pursuant to the terms and conditions of Va. Code § 18.2-251 shall be deemed a finding of guilt.

     

    Legal Reference(s):
    Code of Virginia, Section(s) 22.1-78, 22.1-296.2, 22.1-315.

     

    Cross Reference(s):
    Policy 509P, Personnel- Grievance Procedures

     

    Adopted: February 6, 1990
    Amended: June 19, 2007
    Amended: June 15, 2021