The School Board is itself authorized and authorizes the Superintendent or designee to suspend an employee with pay during an investigation into allegations of misconduct whenever the employee’s continued presence in his/her position would not be in the best interest of the School District, or for misconduct which is detrimental to the School District.
The School Board further is itself authorized and authorizes the Superintendent to suspend an employee without pay for up to 10 employment days for misconduct which is detrimental to the School District. Teachers and non-exempt employees may be suspended without pay for any period of time up to ten employment days. Other exempt employees may only be suspended without pay in increments of regularly scheduled workweeks. No employee shall be suspended for more than 30 days of employment without pay during any school year.
Misconduct includes, but is not limited to, unprofessional actions, conduct, or judgment; any failure to follow any oral or written directive, order or policy of the School Board or of any supervisor; or any act or failure to act that constitutes a violation or an attempt to violate any law or local ordinance which relates to the employee’s duties.
The Superintendent is authorized to establish rules and regulations designed to implement this policy.
LEGAL REF: 105 ILCS 5/10-20.5
Spinelli v. Emmanuel Lutheran Evangelical Congregation, 118 ILL.2d 389, 515
N.E.2d 1222 (1987)
Craddock v School Board, 81 ILL.2d 28 (1986)
Auer v Robbins, 117 S.Ct. 905 (1997)
Bowman v City of Indianapolis, 133 F.3d 513 (7th Cir. 1998)
Block v City of Los Angeles, 253 F.3d 410 (9th Cir. 2001)
29 C.F.R. §541.118, 541.314; 29 U.S.C §213
ADOPTED: October 4, 1999
REVISED: March 25, 2004