Resignation of Support Staff Members

FILE: GDPB

Critical

RESIGNATION OF SUPPORT STAFF MEMBERS

Employees Not Under Contract

Any support staff member who desires to resign must submit a written letter of resignation to his or her immediate supervisor. The letter should specify when the resignation is to be effectiveand should be submitted at least two weeks prior to the effective date. A resignation is final upon submission and cannot be withdrawn unless authorized by the supervisor to whom it wassubmitted. The resignation need not be approved by the Board.

Employees Under Contract

The employee must submit a written letter of resignation to his or her immediate supervisor. If the contract contains a notice period, the resignation is final upon submission and effective at theend of the notice period.

If the contract does not include a notice provision, the resignation is final upon submission and effective at the end of the contract period. Resignations for employees under contract requireBoard approval only if the employee wishes the resignation to be effective prior to the end of the contract period.

The district may pursue all legal remedies available to address a breach of an employment contract. A resignation is final upon submission and cannot be withdrawn unless authorized by thesupervisor to whom it was submitted.

Allegations of Sexual Misconduct with a Student

If a former district employee whose job involved contact with children was terminated, nonrenewed or allowed to resign in lieu of termination as a result of an allegation of sexual misconduct with astudent, or as a result of such allegations being substantiated by the Children's Division (CD) of the Department of Social Services' child abuse and neglect review board, the district is required by law torelease information regarding the sexual misconduct to a potential public school employer who contacts the district regarding the former employee. In addition, if the CD substantiates a complaint ofsexual misconduct with a student against a former employee of the district, the law requires the district to release the results of the CD investigation to any potential public school employer who contactsthe district.

When employment ends as a result of an allegation of sexual misconduct with a student, the district will provide appropriate due process prior to the release of information regarding thesexual misconduct to a potential public school employer, if feasible. The superintendent or designee is authorized to consult with the district's attorney to determine the appropriate level of dueprocess to provide.

For the purposes of this policy, employees are considered "former employees" if they have resigned, been terminated, had their contracts nonrenewed, or been notified that their contracts with thedistrict will not be renewed or that the district is pursuing termination, even if the process has not been completed.

Adopted: Aug. 13, 2005

Revised: May 16, 2012

Legal Refs:

U.S. Const. amend. XIV

New Franklin R-I School District, New Franklin, Missouri