Nivel de satisfacción

Principals employed under the agreement used in the Archdiocese are hired for one year only. The decision to re-employ a principal is the responsibility of the pastor. However, any decision not to re-employ a principal is subject to prior consultation with the Superintendent and needs the approval of the Superintendent (following appropriate consultation with the Archdiocesan Legal Office).

If the school intends to employ a principal for the next school year, an employment agreement for the next school year shall be presented to the principal on or before March 1st. Principal agrees to return the executed employment agreement on or before March 15th if he/she agrees to accept the employment of employment for the next school year. This provision is for convenience only and failure to offer an employment agreement by the date specified shall not be deemed to be an invitation to return.

As provided for in the annual Agreements, there shall be no obligation on the part of the school to renew the contract after the expiration date stated, and fulfillment of the terms of the contract does not entitle the teacher to tenure or expectation of contract renewal. The contract shall terminate at the end of the prescribed period, or upon separation of the teacher from service unless the teacher is invited to continue for the next school year.

4123 TERMINATION OF TEACHER AGREEMENT BECAUSE OF CURTAILMENT, CLOSURE OR

REORGANIZATION.

A teacher who is to be terminated by an elementary school because of closure, curtailment or re-organization as provided for in Section 3553 of this Handbook, may be referred by the Department of Catholic Schools to other elementary schools of the Archdiocese for employment: a) provided a position is or will be open in the school(s) to which the teacher is referred and for

which said teacher is qualified academically or by teacher experience.

b) provided the applicable procedures set forth in the sections of this Handbook governing the employment of teachers are followed.

c) provided the final decision as to whether or not a teacher is to be employed rests with the school(s) to which said teacher has been referred.

A teacher terminated by an elementary school in the Archdiocese who is employed on a continuing basis by another elementary school in the Archdiocese and who has accumulated unused sick leave at the former school shall be entitled to retain the accumulated sick leave up to a maximum of twenty (20) days in accordance with Section 4163 of this Handbook.

4124 TERMINATION OF TEACHER AGREEMENT

Notwithstanding the existence of an employment agreement, a teacher may be terminated at any time for cause and all employment agreements are subject to this condition. A teacher may be suspended immediately when the pastor and principal determine that serious circumstances indicate that it is in the best interests of the school.

The principal, subject to prior consultation with the Superintendent and approval by the Pastor, is responsible for determining when to dismiss or otherwise discipline a teacher employed under the terms of the employment agreement at any time during the school year.

The following outlines the guidelines and procedures for evaluation:

.1 Prompt notification. Using the procedures and forms detailed in 4117, the principal gives

prompt written notification of dissatisfaction with the teacher’s performance or other grounds for termination. The principal discusses the written statement with the teacher and the teacher is asked to sign it. If the teacher refuses to sign the written statement, a notation should be made (See 4117.1(E)).

.2 Steps for improvement. The principal clearly states in writing the salient points of the

problems, defines acceptable evidence of improvement, calendars a timeline for improvement and provides for assistance as needed.

.3 Reevaluates teacher performance. The principal periodically reevaluates the stated

grounds as well as cooperation using an evaluation report. Improvement or the lack of it are documented as to time, place, and circumstances, and then discussed with the teacher. Principals have the discretion to evaluate any teacher as often as necessary.

In addition to poor performance, disciplinary action up to and including dismissal may result from acts such as, but not limited to, insubordination; dishonesty; theft; falsification of records or information; falsification of job application or references; unfitness for service (e.g., working under the influence of intoxicants or drugs); sexual harassment and other unlawful harassment; unsatisfactory job performance; unprofessional conduct; breach of professional ethics; inability to work cooperatively with supervisors, peers, or subordinates; violation of the terms of the agreement or any conduct tending to reflect discredit upon the school or the Archdiocese or tending to impair the teacher’s usefulness as a teacher.

In cases where the grounds are incompetency or neglect of duty, inability to work cooperatively with supervisors, peers, and subordinates, it is strongly recommended that the procedures listed in 4125.3 be followed. The teacher’s failure to provide acceptable evidence of improvement within the required period of time should be evaluated, documented by the principal, and discussed with the teacher.

.4 Procedures for discharge. As soon as the principal determines that grounds for

discharge have been established, the following procedures are to be followed:

a) The principal prepares a statement in support of the grounds for dismissal with full documentation.

b) The pastor is consulted and concurs in the decision to terminate the teacher’s employment agreement.

c) The statement prepared by the school in support of the grounds for termination is to be forwarded to the Associate Superintendent for Personnel for review before any action is taken.

.5 Notification. The notice of termination fully documented with the effective date of

termination shall be given to the teacher in person and sent by registered mail to the teacher’s last known address with return receipt requested. Copies of this notice shall be given to the pastor and to the Associate Superintendent for Personnel.

.6 Documentation. The principal shall document as to time, place and circumstances all

conferences and procedures listed in 4124.1, 4124.2, 4124.3, as well as the supporting evidence indicating grounds for termination (See 4124.4 and 4124.5).

4125 TERMINATION INITIATED BY THE TEACHER

With the consent of the school, a teacher may terminate an agreement. The teacher shall give a reasonable period of notice that is ordinarily not less than thirty (30) days. The best interest of the students should be of paramount consideration in the process.

4126 TERMINATION OF PRINCIPAL’S AGREEMENT DURING A SCHOOL YEAR

Pastors reserve the right to recommend the termination of a principal in accordance with the terms and conditions of the agreement used in the Archdiocese; however, such termination shall not be, in the opinion of the Superintendent, arbitrary or capricious.

Termination of the principal must be approved by the Superintendent (following consultation with the Archdiocesan Legal Office) who co-signs the agreement with the pastor. In the case of a principal from a religious community, there should be consultation with the major superior or authorized representative who approved the individual agreement.

.1 General procedures. The following are the procedures governing the termination of a

principal during a school year:

a) If a pastor after proper supervision and evaluation is dissatisfied with the principal’s performance, the pastor contacts the Associate Superintendent for Personnel. After consultation, the pastor gives prompt written notification to the principal of the reasons for such dissatisfaction. The pastor discusses this written statement with the principal, and the principal must be asked to sign it. If the principal should refuse to sign the written statement, a notation to that effect should be made on the statement. The principal is also given a copy of the statement.

b) The principal’s improvement plan should be discussed and designed with the Department of Catholic Schools. Areas of improvement and an assessment timeline should be clearly stated.

c) With the assistance of the Department of Catholic schools, the pastor should monitor and assist as needed.

d) The pastor, in consultation with the Department of Catholic Schools, shall prepare a detailed statement regarding the lack of competence on the part of the principal to perform the duties involved in the position. This statement shall be forwarded to the Associate Superintendent for Personnel for review before action involving termination is taken.

e) If termination prior to the end of the school year is to take effect, written notice with the reasons for such termination and the effective date shall be given to the principal and shall also be sent by registered mail with return receipt requested to the principal’s last known address. The principal shall be advised in this notice of the opportunity for a review of the termination in accordance with the procedures set forth

4127 GRIEVANCE, APPEALS AND REVIEW

A teacher or principal with a grievance concerning any claims or issues pertaining to the interpretation of the agreement or the conditions of employment shall resolve the dispute in accordance with the grievance, appeals, and review procedures detailed in this Handbook. Any conflict between the provisions of the agreement and the provisions of the Handbook, shall be resolved in favor of the terms of the agreement.

4130 SUBSTITUTE TEACHERS

A person hired as a day-to-day substitute teacher must meet minimum Archdiocesan standards of professional training as well as complete the I-9 and W-4 forms for the issuance of the Archdiocesan Substitute Identification Card for payroll purposes (See 4113.1).

School principals who hire substitute teachers who are not on the Archdiocesan approved list, need to ensure that the substitutes meet Archdiocesan standards of professional training and Live Scan screening as well as complete the I-9 and W-4 forms.

4140 ACTIVITIES

4141 GENERAL

All teachers and administrators are expected to honor the terms of their agreement and follow the Code of Ethics for Catholic School Teachers. (See Appendix 11) Specifically, no educator shall use for private gain either professional relationships with students and parents or institutional privileges.

4142 TUTORING

A teacher shall not tutor for remuneration students assigned to his/her classes. Nor shall a teacher tutor students for remuneration on school property.

4143 POLITICAL ACTIVITIES

School employees engaging in political activities shall not intentionally capitalize on their professional position or institutional affiliation, but shall make it clear that their activities are performed as individuals. The right to political participation does not extend to partisan campaigning on school property or during school hours or during school related programs and events. Likewise, it does not extend to the use of school lists and directory information concerning students, faculty, parents, and alumni.