Common use of Non-renewal or Termination Clause in Contracts

Non-renewal or Termination. For the first three (3) years of professional employment with the district, Professional Employees are considered probationary and may be non-renewed prior to the statutory deadline for any reason. Starting in year four (4) of teaching with the district, Professional Employees shall have earned non-probationary status. At its discretion, the Board may formally grant non-probationary status to any Professional Employee earlier. Non-probationary Professional Employees may be non-renewed for good cause. Good cause is defined as any reason put forward by the administration or board in good faith and which is not arbitrary, irrational, or irrelevant to the board’s task of building up and maintaining an efficient school system. If the nonrenewal is based on other reasons, including disciplinary factors or reduction in force, those separate procedures as outlined in the Master Agreement shall be followed prior to the non-renewal or termination. A Professional Employee who is non-renewed, shall be notified prior to the statutory continuing contract date. If the Professional Employee is non-probationary, the notification shall include the reasons for the nonrenewal. Upon receipt of notice of nonrenewal, the Professional Employee will have ten (10) work days from the receipt of the notice to file a written request for a hearing with the board’s designee. If the non-probationary Professional Employee requests a hearing, the parties shall, within seven work days, select a mutually agreeable hearing officer. If that is not possible, the hearing officer shall be selected by alternately striking names from either the KSDE list or the American Arbitration Association (AAA) list. The hearing shall afford procedural due process which shall include the following:

Non-renewal or Termination. 1. For the first three five (35) years of professional employment with the district, Professional Employees are considered probationary and may be non-renewed prior to the statutory deadline for any reason. Starting in year four six (46) of teaching with the district, Professional Employees shall have earned non-probationary status. At its discretion, the Board may formally grant non-probationary status to any Professional Employee earlier. 2. Non-probationary Professional Employees may be non-renewed for good cause. Good cause is defined as any reason put forward by the administration or board in good faith and which is not arbitrary, irrational, or irrelevant to the board’s task of building up and maintaining an efficient school system. If the nonrenewal non-renewal is based on other reasons, including disciplinary factors or reduction in force, those separate procedures as outlined in the Master Negotiated Agreement shall be followed prior to the non-renewal or termination. 3. A Professional Employee who is non-renewed, renewed shall be notified by certified mail and/or hand delivery prior to the statutory continuing contract date. If the Professional Employee is non-probationary, the notification shall include the reasons for the nonrenewalnon-renewal. Upon receipt of notice of nonrenewalnon-renewal, the non- probationary Professional Employee will have ten (10) work days workdays from the receipt of the notice to file a written request for a hearing with the clerk of the board’s designee. Revised 2016-17) 4. If the non-probationary Professional Employee requests a hearing, the parties shall, within seven (7) work days, select a mutually agreeable hearing officer. If that is not possible, the hearing officer shall be selected by alternately striking names from either the KSDE list or the American Arbitration Association (AAA) list. 5. The hearing shall afford procedural due process which shall include the following: a. the right of each party to have counsel of the party’s own choice present and to receive the advice of counsel or other person whom the party may select; b. the right of each party or such party’s counsel to cross-examine any person who provides information for the consideration of the hearing officer, except those persons whose testimony is presented by affidavit; c. the right of each party to present such party’s own witnesses in person, or their testimony by affidavit or deposition, except that testimony of a witness by affidavit may be presented only if such witness lives more than 100 miles from the district office of USD 409 in Atchison, Kansas, or is absent from the state, or is unable to appear because of age, illness, infirmity or imprisonment. When testimony is presented by affidavit the same shall be served upon the clerk of the board and upon the non-probationary Professional Employee in person or by first-class mail to the address of the non-probationary Professional Employee which is on file with the board not less than ten (10) calendar days prior to presentation to the hearing officer; d. the right of the non-probationary Professional Employee to testify in the employee’s own behalf and give reasons for the employee’s conduct, and the right of the board to present its testimony through such persons as the board may call to testify in its behalf and to give reasons for its actions, rulings or policies; e. the right of the parties to have an orderly hearing; f. the right of the non-probationary Professional Employee to a fair and impartial hearing officer recommendation based on substantial evidence; and g. the hearing officer recommendation shall be provided to each party within fourteen (14) calendar days of the completion of the hearing. 5.1 The hearing officer may: a. issue subpoenas for the attendance and testimony of witnesses and the production of books, papers and documents relating to any matter under investigation; b. authorize depositions to be taken; c. administer oaths; d. receive evidence and limit lines of questioning and testimony which are repetitive; e. call and examines witnesses and introduce into the record documentary and other evidence;