Southern Local School District
Administrative Guidelines
 

3161 - PROFESSIONAL STAFF MEMBER - UNREQUESTED LEAVES OF ABSENCE

It is the policy of the Board of Education to protect the students of this District from the influence of unfit teachers. The Board has reserved the right to place a professional staff member on unrequested leave, sick leave, or retire a professional staff member for physical or mental disability who is unable to perform their assigned duties.

In the case of a professional staff member who, in the opinion of the Superintendent, is unfit to teach in this District by reason of physical or mental condition, the following procedure shall be followed:

 A.The Superintendent shall present to the Board reasons for questioning the physical condition of the professional staff member. The Board may transfer the professional staff member upon the recommendation of the Superintendent.
 B.Should the Board determine that the reasons given constitute sufficient cause to order the professional staff member to be examined, it shall give written notice of the reasons and an opportunity for the professional staff member to appeal before the Board within ten (10) days to explain or refute the reasons.
 C.Should the professional staff member choose to accept that offer, the appeal shall be conducted in accordance with any negotiated agreement and the following rules:
  1.Staff members may be represented by counsel or an individual of the professional staff member's own choice.
  2.Staff members may present witnesses on their behalf.
  3.Witnesses need not present testimony under oath and will not be subject to cross-examination.
  4.Witnesses may be called individually and excused after making their statement.
  5.The appeal will be held in executive session.
 D.The Board does not consider an appeal for reasons of health to be an adversary meeting, rather the staff member is provided an opportunity to convince the Board that it made an incorrect determination by requesting said examination.
 E.Should the Board, following the appeal (if requested by the professional staff member) order an examination, said examination may be conducted by a physician designated by the professional staff member and paid by the professional staff member or by a physician designated by the Board and paid by the Board, or by both.
 F.Should the physician designated by the Board disagree with the physician designated by the professional staff member, the two (2) physicians shall agree in good faith on a third impartial physician who shall examine the professional staff member and whose medical opinion shall be conclusive and binding on the issue of medical capacity to perform assigned duties. The expenses of a third examination shall be borne equally by both parties.
 G.If as a result of such examination, the professional staff member is found to be unfit to perform assigned duties, the professional staff member shall be placed on sick leave with such compensation to which s/he is entitled until proof of recovery, satisfactory to the Board, is furnished.
 H.Should a professional staff member refuse to submit to examination following the exhaustion of proper appeal, the Board shall consider the termination for reasons of insubordination.