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ARTICLE X - EMPLOYMENT PRACTICES |
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Notice of Non-Retention |
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All tenured teachers shall be automatically rehired if not notified of non-retention prior to March 16. Non-tenured teacher hired prior to the start of the 1996-97 school year shall be automatically rehired if not notified of non-retention on or before April 15. Non-tenured teachers hired after the start of the 1996-97 school year shall be automatically rehired if not notified of non-retention on or before the last day of the school term. |
| B. |
Discipline |
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For all disciplinary matters not covered in Section C-1,2, and 3 of this Article, no teacher will be disciplined without just cause. In addition, involuntary transfers are not covered by this section. |
| C. |
Suspension, Dismissal, Non-Retention |
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Suspension, dismissal, and non-retention actions shall be in accordance with
A.S. 14.20.175 and 14.20.180. For the purposes of providing reference to those statutory provisions, they are set forth below in their entirety. However, the incorporation into this Negotiated Agreement of those statutory provisions is not intended to, nor does it afford to the teachers rights in addition to those contained in those statutory provisions, such as rights to grieve actions taken pursuant to those statutes. |
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1. |
Dismissal
(A.S. 14.20.170) |
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a. |
A teacher, including a teacher who has acquired tenure rights, may be dismissed at any time for only the following causes: |
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1) |
incompetency, which is defined as the inability or the
unintentional or intentional failure to perform the teacher's customary teaching duties in a satisfactory manner; |
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2) |
immorality, which is defined as the commission of
an act that, under the laws of the State, constitutes a crime involving
moral turpitude; or |
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3) |
substantial
noncompliance with the School Laws of the State, the Regulations or Bylaws
of the Department, the Bylaws of the District, or the written rules of the
Superintendent. |
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b. |
A teacher may be suspended temporarily with regular compensation during a period of investigation to determine whether or not cause exists for the issuance of a notification of dismissal according to
A.S. 14.20.180. |
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c. |
A teacher who was dismissed under this section is not entitled to a plan of improvement under AS 14.20.149. |
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2. |
Non-Retention
(A.S. 14.20.175) |
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a. |
A teacher who has not acquired tenure rights is subject to non-retention for the school year following the expiration of his/her contract for any cause which the employer determines to be adequate. However, at his/her request, the teacher is entitled to a written statement of the cause of his/her non-retention. The boards of city and borough school districts and regional educational attendance areas shall provide by regulation or bylaw a procedure under which a non-retained teacher may at his/her request, be heard informally by the Board. |
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b. |
A teacher who has acquired tenure rights is subject to non-retention for the following school year for only the following causes: |
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1) |
The school district demonstrates that (A) the district has fully complied with the requirements of AS 14.20.149 with respect to the tenured teacher; (B) the teacher's performance, after completion of the plan of improvement, failed to meet the performance objectives set out in the plan; and (C) the evaluation of the teacher established that the teacher does not meet the district performance standards; |
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2) |
immorality, which is defined as the commission of an act which, under the laws of the Sate, constitutes a crime involving moral turpitude; |
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3) |
substantial noncompliance with the School Laws of the State, the Regulations or Bylaws of the Department, the Bylaws of the District, or the written rules of the Superintendent. |
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3. |
Procedures upon Notice of Dismissal or Non-Retention (AS 14.20.180) |
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a. |
Before a teacher is dismissed, the employer shall give the teacher written notice of the proposed dismissal and a pretermination hearing. A pretermination hearing under this section must comport with the minimum requirements of due process, including an explanation of the employer's evidence and basis for the proposed dismissal and an opportunity for the teacher to respond. If, following a pretermination hearing, an employer determines that dismissal is appropriate, the employer shall provide written notice, including a statement of cause and a complete bill of particulars, of the decision. The dismissal is effective when the notice is delivered to the teacher. |
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b. |
An employer that has decided to nonretain a tenured teacher shall provide the teacher with written notice, including a statement of cause and a complete bill of particulars. The notice must comply with AS14.20.140(a). |
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c. |
Within 15 days after receipt of a decision of dismissal under (a) of this section or nonretention under (b) of this section, a teacher may notify the employer in writing that the teacher is requesting a hearing before the school board under (d) of this section or that the teacher is invoking the grievance procedures under (e) of this section. |
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d. |
Upon receipt of a request for a hearing, the employer shall immediately schedule a hearing and notify the teacher in writing of the date, time, and place of the hearing. The teacher may elect to have either a public or a private hearing, and to have the hearing under oath or affirmation. The parties have a right to be represented by counsel and to cross-examine witnesses. The teacher has the right to subpoena a person who has made statements that are used as a basis for the employer's decision to dismiss or
nonretain. A written transcript, tape or similar recording of the proceedings shall be kept. A copy of the recording shall be furnished to the teacher, for cost, upon request of the teacher. A decision of the school board requires a majority vote of the membership, by roll call. The board's decision shall be in writing and must contain specific findings of fact and conclusions of law. A copy of the decision shall be furnished to the teacher within 10 days after the date of the decision. If the school board sustains the dismissal or
nonretention, the teacher may appeal the decision to the superior court for judicial review based on the administrative record. |
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e. |
Upon receipt of a notice invoking the grievance procedures, the school board shall immediately schedule an informal hearing and notify the teacher in writing of the date, time, and place of the hearing. The hearing is for the purpose of reviewing the statement of cause and bill of particulars and not for the purpose of taking evidence. The teacher may choose whether the informal hearing is held in public or in private. A decision of the school board requires a majority vote of the membership, by roll call. The board's decision shall be in writing. The board shall promptly furnish a copy of the decision to the teacher. If the board sustains the dismissal or
nonretention, the teacher may, within 15 days after receipt of the decision, give written notice to the school board and submit the matter to arbitration under the rules of the American Arbitration Association. The decision of the arbitrator is final and binding on the school board, the teacher, and the bargaining organization representing the teacher, if any. If the school board and the teacher agree, they may waive the informal hearing under this subsection and submit the matter directly to arbitration. |
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4. |
Non-Tenured Teacher Procedure Upon Notice of Non-Retention |
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A non-tenured teacher who is non-retained may request an informal hearing before the Board. Such request shall be in writing within fifteen (15) working days of receipt of the written notice of non-retention. The informal hearing shall be held by the Board within thirty (30) days of receipt of the request for an informal hearing. The informal hearing will be held in the teacher's assigned village, unless the parties mutually agree to a different hearing location. The informal hearing may be open or closed at the teacher's request. The teacher may be represented by counsel and may present and examine witnesses for the purpose of contesting the non-retention. Such witnesses shall be sworn. The teacher may examine witnesses presented by the District, if any. The teacher shall advise the District in his/her request for an informal hearing if he/she will be represented by counsel and the names of any witnesses he/she plans to present at the informal hearing. A written transcript, tape, or similar recording of the proceedings shall be kept. Transcribed copies shall be furnished to the teacher for cost upon his/her request. The vote shall be taken by roll call. Written notice of the Board's decision shall be furnished to the teacher within ten (10) days of the date of the informal hearing and shall include the basis for the decision. |
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5. |
Notification and Due Process |
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No data shall be used in any adverse personnel action against a teacher unless the teacher has been notified of the matter in a timely manner and given a reasonable opportunity to improve where practicable and/or appropriate. |