Professional Personnel

    5:240 Suspension

    Suspension Without Pay

    The Board of Directors may suspend without pay:  (1) a professional employee pending a dismissal hearing, or (2) a teacher as a disciplinary measure for up to 30 employment days for misconduct that is detrimental to DAOES.  

    Misconduct that is detrimental to DAOES includes:

    • Insubordination, including any failure to follow an oral or written directive from a supervisor;
    • Violation of Board policy or Administrative Procedure;
    • Conduct that disrupts or may disrupt the educational program or process;
    • Conduct that violates any State or federal law that relates to the employee's duties; and
    • Other sufficient causes.

    The Director or designee is authorized to issue a pre-suspension notification to a professional employee. This notification shall include the length and reason for the suspension as well as the deadline for the employee to exercise his or her right to appeal the suspension to the Board or Board-appointed hearing examiner before it is imposed. At the request of the professional employee made within five calendar days of receipt of a pre-suspension notification, the Board or Board-appointed hearing examiner will conduct a pre-suspension hearing.  The Board or its designee shall notify the professional employee of the date and time of the hearing. At the pre-suspension hearing, the professional employee or his/her representative may present evidence. If the employee does not appeal the pre-suspension notification, the Director or designee shall report the action to the Board at its next regularly scheduled meeting.

    Suspension With Pay

    The Board or Director or designee may suspend a professional employee with pay:  (1) during an investigation into allegations of disobedience or misconduct whenever the employee’s continued presence in his or her position would not be in the System’s best interests, (2) as a disciplinary measure for misconduct that is detrimental to the System as defined above, or (3) pending a Board hearing to suspend a teacher without pay.

    The Director shall meet with the professional employee to present the allegations and give the professional employee an opportunity to refute the charges.  The professional employee will be told the dates and times the suspension will begin and end.

    Any criminal conviction resulting from the investigation or allegations shall require the employee to repay to the System all compensation and the value of all benefits received by the employee during the suspension. The Director will notify the employee of this requirement when the employee is suspended.

    Employees Under Investigation by Illinois Dept. of Children and Family Services (DCFS)

    Upon receipt of a DCFS recommendation that DAOES remove an employee from his or her position when he or she is the subject of a pending DCFS investigation that relates to his or her employment with DAOES, the Board or Superintendent or designee, in consultation with the Board Attorney, will determine whether to:

    1. Let the employee remain in his or her position pending the outcome of the investigation; or
    2. Remove the employee as recommended by DCFS, proceeding with:
    3. A suspension with pay; or
    4. A suspension without pay.

    LEGAL REF.:        

    5 ILCS 430/5-60(b).

    105 ILCS 5/24-12.

    325 ILCS 5/7.4(c-10).

    Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532 (1985).

    Barszcz v. Community College District No. 504, 400 F.Supp. 675 (N.D. Ill., 1975).

    Massie v. East St. Louis Sch. District No.189, 203 Ill.App.3d 965 (5th Dist. 1990).

    CROSS REF.:          5:290 (Employment Termination and Suspensions)

    Adopted: January 17, 2019