A teacher or other public school employee, 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 are threatened or when the teacher or other employee has been charged by summons, warrant, indictment or information with the commission of a felony, a misdemeanor involving (i) sexual assault as established in Article 7 (§18.2-61 et seq.) of Chapter 4 of Title 18.2, (ii) obscenity and related offenses as established in Article 5 (§18.2-372 et seq.) of Chapter 8 of Title 18.2, (iii) drugs as established in Article 1 (§18.2-247 et seq.) of Chapter 7 of Title 18.2, (iv) moral turpitude, or (v) the physical or sexual abuse or neglect of a child; or an equivalent offense in another state. Except when a teacher or other employee is suspended because of being charged by summons, warrant, indictment, or information with the commission of any of the above listed criminal offenses, the division superintendent or appropriate central office designee shall not suspend a teacher or other employee for longer than sixty (60) days and shall not suspend a teacher or other employee for a period in excess of five (5) days unless such teacher or other 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 state law. Any teacher or other employee so suspended shall continue to receive his/her then applicable salary unless and until the School Board, after a hearing, determines otherwise. No employee shall be suspended solely on the basis of his/her 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 his/her salary while on suspended status shall be placed in an interest-bearing demand escrow account. Upon being found not guilty of any 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 earning 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, including interest, in the escrow account shall be repaid to the School Board.
If a current employee is suspended or dismissed because of information appearing on his/her criminal history record, the School Board shall provide a copy of the information obtained from the Central Criminal Records Exchange to the employee.
No employee shall have his/her insurance benefits suspended or terminated because of such suspension in accordance with this policy.
Nothing in this policy shall be construed to limit the authority of the School Board to dismiss or place on probation a teacher or other employee pursuant to Chapter 15, Article 3 of section 22.1-307 of the Code of Virginia.
LEGAL REFERENCE: Code of Virginia, 1950, as amended, § 22.1-315.