CREA Agreement 2011-13 - Caesar Rodney School District

ARTICLE XIV, PART II
FAIR DISMISSAL PROCEDURES - PARAPROFESSIONALS
A. The Board agrees that no paraprofessional will be dismissed without just cause.
B. All paraprofessionals will be guaranteed the full Constitutional protection of due process.
C. Termination
1. Conditions that would cause the District to terminate employment are:
a. Reduction in enrollment in a program for which a paraprofessional is assigned.
b. Budgetary reasons.
c. Immorality, misconduct in office, incompetence, disloyalty, neglect of duty or willful
and persistent insubordination.
2. Should either “a” or “b” above be implemented, it will be accomplished by July 15. All
probationary paraprofessionals within the affected program shall be the first to be
dismissed. Non-probationary paraprofessionals who are notified that their position is to be
eliminated for either item “a” or “b” above shall bump the least senior paraprofessional
within their respective program, then building, then district, the most recently hired
paraprofessional being considered the least senior. Paraprofessionals must hold the
appropriate permit and must be capable of performing the essential duties of a position with
or without reasonable accommodations in order to move into a position through the
bumping process.
3. Employees dismissed for “a” or “b” above, will be placed on a recall list, maintained by the
Director of Human Resources, for a period of one (1) year with an option to be continued
on the list for a second year. When vacancies occur, employees will be offered
reemployment in reverse order of their dismissal date. Employees recalled to specific
positions must hold the appropriate permit and must be capable of performing the essential
duties of the position with or without reasonable accommodations. Employees who
have been “riffed” and subsequently recalled by the District shall maintain all accumulated
seniority which they have established at the time of their “riffing.”
4. Notification of recall shall be by certified mail. Failure to accept the offer within 10 days of
the postmark date shall result in removal from the recall list.
5. It shall be the responsibility of employees on the recall list to inform the Director of Huamn
Resources in writing of address changes and/or their desire to be continued on the list a
second year.
6. Time lost by an employee “riffed” under provisions of this Article who is subsequently
recalled under provisions of this Article shall not be considered to interrupt continuous
service, but such time shall not be counted toward additional service or be a criterion for
pay, pension, or other benefits as set forth in this Agreement.
7. Employees on Board-approved leave of absence shall be subject to all provisions of this
Article.
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