| Due Process |
|
Just Cause |
| A. |
Always required (constitutional basis); |
|
A. |
Required only if specified in contract or policy; |
| B. |
Notice of the changes and opportunity to respond before decision in each case; |
|
B. |
Answer these seven (7) questions in each case: |
| 1. |
Was the employee adequately warned of the consequences of his/her conduct? |
| 2. |
Was the district’s rule or order reasonably related to efficient and safe operations? |
| 3. |
Did management investigate before administering the discipline? |
| 4. |
Was the investigation fair and objective? |
| 5. |
Did the investigation produce substantial evidence or proof of guilt? |
| 6. |
Were the rules, orders and penalties applied evenhandedly and without discrimination? |
| 7. |
Was the penalty reasonably related to the seriousness of the offense and past record? |
| C. |
Cases are about process, not substance |
|
C. |
Cases are about substance and process |
| D. |
Reasons for dismissal: |
|
D. |
Reasons for dismissal: |
| 1. |
probationary: any reason deemed in good faith; |
1. |
probationary: answer all seven questions, especially question seven. |
| 2. |
contract (only for): |
2. |
contract: answer all seven questions, especially question seven, and only for: |
|
a. |
inefficiency; |
|
a. |
inefficiency; |
| b. |
immorality; |
b. |
immorality; |
| c. |
insubordination; |
c. |
insubordination; |
| d. |
neglect of duty, including duties specified by written rule; |
d. |
neglect of duty, including duties specified by written rule; |
| e. |
physical or mental incapacity; |
e. |
physical or mental incapacity; |
| f. |
conviction of felony or of a crime according to the provisions of ORS 342.143; |
f. |
conviction of felony or of a crime according to the provisions of ORS 342.143; |
| g. |
inadequate performance; |
g. |
inadequate performance; |
| h. |
failure to comply with such reasonable requirements as the board may prescribe to show normal improvement and evidence of professional training and growth; or |
h. |
failure to comply with such reasonable requirements as the board may prescribe to show normal improvement and evidence of professional training and growth; or |
| i. |
any cause which constitutes grounds for the revocation of such contract teacher’s teaching license. |
i. |
any cause which constitutes grounds for the revocation of such contract teacher’s teaching license. |