2006 Code of Virginia § 22.1-315 - Grounds and procedure for suspension
22.1-315. Grounds and procedure for suspension.
A. A teacher or other public school employee, whether full-time or part-time,permanent, or temporary, may be suspended for good and just cause when thesafety or welfare of the school division or the students therein isthreatened or when the teacher or school employee has been charged bysummons, warrant, indictment or information with the commission of a felony;a misdemeanor involving (i) sexual assault as established in Article 7 (18.2-61 et seq.) of Chapter 4 of Title 18.2, (ii) obscenity and relatedoffenses as established in Article 5 ( 18.2-372 et seq.) of Chapter 8 ofTitle 18.2, (iii) drugs as established in Article 1 ( 18.2-247 et seq.) ofChapter 7 of Title 18.2, (iv) moral turpitude, or (v) the physical or sexualabuse or neglect of a child; or an equivalent offense in another state.Except when a teacher or school employee is suspended because of beingcharged by summons, warrant, indictment or information with the commission ofone of the above-listed criminal offenses, a division superintendent orappropriate central office designee shall not suspend a teacher or schoolemployee for longer than sixty days and shall not suspend a teacher or schoolemployee for a period in excess of five days unless such teacher or schoolemployee is advised in writing of the reason for the suspension and affordedan opportunity for a hearing before the school board in accordance with 22.1-311 and 22.1-313, if applicable. Any teacher or other school employee sosuspended shall continue to receive his or her then applicable salary unlessand until the school board, after a hearing, determines otherwise. No teacheror school employee shall be suspended solely on the basis of his or herrefusal to submit to a polygraph examination requested by the school board.
B. Any school employee suspended because of being charged by summons,warrant, information or indictment with one of the offenses listed insubsection A may be suspended with or without pay. In the event any schoolemployee is suspended without pay, an amount equal to his or her salary whileon suspended status shall be placed in an interest-bearing demand escrowaccount. Upon being found not guilty of one of the offenses listed insubsection A or upon the dismissal or nolle prosequi of the charge, suchschool employee shall be reinstated with all unpaid salary and accruedinterest from the escrow account, less any earnings received by the schoolemployee during the period of suspension, but in no event shall such paymentexceed one year's salary.
C. In the event any school employee is found guilty by an appropriate courtof one of the offenses listed in subsection A and, after all availableappeals have been exhausted and such conviction is upheld, all funds in theescrow account shall be repaid to the school board.
D. No school employee shall have his or her insurance benefits suspended orterminated because of such suspension in accordance with this section.
E. Nothing in this section shall be construed to limit the authority of aschool board to dismiss or place on probation a teacher or school employeepursuant to Article 3 ( 22.1-306 et seq.) of this chapter.
F. For the purposes of this section, the placing of a school employee onprobation pursuant to the terms and conditions of 18.2-251 shall be deemeda finding of guilt.
(Code 1950, 22-72, 22-97, 22-217.8:1; 1954, cc. 289, 291; 1956, Ex. Sess.,c. 60; 1959, Ex. Sess., c. 79, 1; 1966, c. 691; 1968, c. 501; 1970, c. 71;1971, Ex. Sess., c. 161; 1972, c. 511; 1975, cc. 308, 328; 1978, c. 430;1979, c. 298; 1980, c. 559; 1987, c. 328; 1993, c. 498; 1996, c. 960; 1997,c. 721; 2001, cc. 430, 450.)
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