5:240 Progressive Discipline

Please refer to the current “Negotiated Agreement between the Board of Education and Batavia Education Association.”

Suspension Without Pay

The Superintendent or designee 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 the School District.

Misconduct that is detrimental to the School District 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 Superintendent 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 employee’s 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 5 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 Superintendent or designee shall report the action to the Board at its next regularly scheduled meeting.

Suspension With Pay

The Board or Superintendent 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 School District’s best interests, (2) as a disciplinary measure for misconduct that is detrimental to the School District as defined above, or (3) pending a Board hearing to suspend a teacher without pay.

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

Repayment of Compensation and Benefits

If a professional employee is suspended with pay, either voluntarily or involuntarily, pending the outcome of a criminal investigation or prosecution, and the employee is later dismissed as a result of his or her criminal conviction, the employee must repay to the District all compensation and the value of all benefits received by him or her during the suspension.  The Superintendent will notify the employee of this requirement when the employee is suspended.

Cross Reference: 

5:290 Employment Termination and Suspensions

Legal Reference(s): 

5 ILCS 430/5-60(b).

105 ILCS 5/24-12.

Cleveland Board of Education v. Loudermill, 105 S.Ct. 1487 (1985).

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

Massie v. East St. Louis School District No.189, 561 N.E.2d 246 (Ill.App.5, 1990).

Date Adopted: 02/28/2012

Date Amended: 04/22/2014