File:  GDQD - Discipline, Suspension and Dismissal of Support Staff

Support staff employees, unless otherwise designated by contract, shall be considered "at will" employees who serve at the pleasure of the Board and shall have only those employment rights expressly established by Board policy. Support staff members shall be employed for such time as the District is in need of or desirous of the services of such employees.

The Board delegates to the superintendent the authority to dismiss classified personnel. The superintendent may delegate this authority to other appropriate personnel (herein, designee). All dismissals of classified employees shall be reported to the Board at its next regular meeting.

The superintendent or designee also may suspend employees from their assignments as a disciplinary measure, with or without pay.

If an employee is dismissed or resigns as a result of an allegation of unlawful behavior involving a child, including unlawful sexual behavior, which is supported by a preponderance of evidence, the superintendent or designee must notify the Colorado Department of Education (CDE) as soon as possible but no later than 10 business days after such dismissal or resignation.

If an employee is dismissed or resigns as a result of an allegation of a sexual act involving a student who is eighteen years of age or older, regardless of whether the student consented to the sexual act, that is supported by a preponderance of the evidence, the superintendent or designee, must notify CDE as soon as possible but no later than 10 business days after the dismissal or resignation.

The superintendent or designee must provide any information requested by the department concerning the circumstances of the dismissal or resignation. The District also must notify the employee that information concerning the dismissal or resignation is being forwarded to CDE.

If the District learns that a current employee has been convicted of, pled nolo contendere to, or received a deferred sentence or deferred prosecution for any felony or misdemeanor crime involving unlawful sexual behavior or unlawful behavior involving children, the superintendent or designee shall immediately report this information to CDE.

Adopted: November 10, 1987
Revised: August 22, 1995
Revised: February 11, 2021
Revised: April 26, 2023

LEGAL REFS.:  15 U.S.C. 1681 et seq. (Fair Credit Reporting Act)

20 U.S.C. 7926 (ESSA prohibition against employment assistance for school employees who have engaged in sexual misconduct with a student or minor)

C.R.S. 8-2-126 (limits employers' use of consumer credit information)

C.R.S. 19-3-301 et seq. (Child Protection Act of 1987)

C.R.S. 22-2-119 (duty to make inquiries prior to hiring)

C.R.S. 22-32-109.7 (specific duties regarding hiring inquiries and reporting)

C.R.S. 22-32-110 (1)(h) (power to discharge/terminate employment)

C.R.S. 22-32-126 (3) (principals recommend employment actions)

CROSS REF.:  GD, Support/Classified Staff