Disciplinary Actions and Due Process

CAUSES FOR DISCIPLINARY ACTION

Current Tennessee state law gives five (5) reasons for which a teacher may be disciplined, suspended, or terminated (regardless of tenure status).  They are:

1.      Conduct unbecoming a member of the teaching profession

2.      Incompetence

3.      Inefficiency

4.      Insubordination

5.      Neglect of Duty

The definitions for these five reasons are found in Tennessee Code Annotated §49-5-501.

Conduct Unbecoming a Member of the Teaching Profession TCA §49-5-501(3):

“Conduct unbecoming a member of the teaching profession” may consist of one (1) or more of the following:

A.     Immorality;

B.     Conviction of a felony or crime involving moral turpitude;

C.      Dishonesty, unreliability, continued willful failure or refusal to pay one’s just and honest debts;

D.     Disregard of the teacher code of ethics in part 10 of this chapter, in such a manner as to make one obnoxious as a member of the profession; or

E.     Improper use of narcotics or intoxicants

Incompetence TCA §49-5-501(5):

“Incompetence” means being incapable, lacking adequate power, capacity or ability to carry out the duties and responsibilities of the position. This may apply to physical, mental, educational, emotional or other personal conditions. It may include lack of training or experience, evident unfitness for service, a physical, mental or emotional condition making the teacher unfit to instruct or associate with children or the inability to command respect from subordinates or to secure cooperation of those with whom the teacher must work;

Inefficiency TCA §49-5-501(6):

“Inefficiency” means being below the standards of efficiency maintained by others currently employed by the board for similar work, or habitually tardy, inaccurate or wanting in effective performance of duties. The definition of inefficiency includes, but is not limited to, having evaluations demonstrating an overall performance effectiveness level that is “below expectations” or “significantly below expectations” as provided in the evaluation guidelines adopted by the state board of education pursuant to § 49-1-302;

Insubordination TCA §49-5-501(7):

“Insubordination” may consist of:

A.     Refusal or continued failure to obey the school laws of this state, to comply with the rules and regulations of the board or to carry out specific assignments made by the board, the director of schools or the principal, each acting within its own jurisdiction, when the rules, regulations and assignments are reasonable and not discriminatory;

B.     Failure to participate in an in-service training program as set up by the local board of education and approved by the state board of education;

C.      Treason, or any effort to sabotage or overthrow the government of the United States; or

D.     Refusal by the teacher to disclose to the board whether or not the teacher is, or has been, a member of the communist or any other party that advocates the overthrow of the government;

Neglect of Duty TCA §49-5-501(8):

“Neglect of duty” means gross or repeated failure to perform duties and responsibilities that reasonably can be expected of one in such capacity or continued unexcused or unnecessary absence from duty;

RIGHT TO REPRESENTATION

If you are called to a meeting with your supervisor(s)/administrator(s), you may be entitled to representation.  In order to determine whether or not you will need representation, you must first discern the purpose of the meeting.  The best way to do this is to ask, “what is the purpose of this meeting?”.  If the response you receive leads you to believe that you may face disciplinary action (plan of improvement, reprimand, suspension, termination of employment, etc.), you are entitled to representation in accordance with TCA 49-5-603. 

You are not entitled to representation in meeting with parents or students (as this would violate FERPA) and the Association cannot represent you in criminal investigations (you will need a private attorney).

DUE PROCESS

The following indicates the due process rights of a teacher in accordance with current state law:

1.      Certified educator must be informed in writing of the cause(s) leading to disciplinary action (including suspension or dismissal).  §49-5-511(a)(4).

2.      Certified educator may request, within 30 days of notification of cause, a hearing before an impartial hearing officer. §49-5-512(a).  If a member receives written notice of cause, it is imperative that the member contact their UniServ Director immediately.  Assuming all conditions are met and the member is in good standing, the member is entitled to legal representation from TEA.

3.      All parties may be represented by counsel, examine evidence, subpoena and call witnesses, and require testimony under oath. §49-5-512(a)(4).

4.      The decision of the impartial hearing officer can be appealed to the school board. §49-5-512(c)(3).

5.      The decision of the appeal to the school board can be appealed to chancery court. §49-5-512(c)(4) and §49-5-513.