At the hearing before the Board, the Superintendent may employ counsel. The Superintendent also has the right to hear the evidence, upon which the charges are based, to cross-examine all adverse witnesses, and to present evidence of innocence or extenuating circumstances. Prior to termination, the Board shall determine the existence of good cause for termination. Such determination shall be based solely on the evidence presented in the hearing. Termination may only be by a vote of two-thirds of the Board. The Board shall notify the Superintendent of its decision, within fifteen (15) days after the hearing. Utah Code § 53A-3-301
1.0220.06 SUSPENSION
Issue Date: 4/25/96 At the discretion of the Board by majority vote, the Superintendent may be placed on leave with pay pending the outcome of the termination hearing.
1.0220.07 NOTICE TO THE COMMISSION Issue Date: 4/25/96
The President of the Board shall notify the Utah State Board of Education whenever the Superintendent is terminated by action of the Board and the termination is due to a final judicial determination or determination by the Board of immorality, unprofessional conduct, or professional incompetence. Utah Admin Rule 300-514-3(B)
1.0220.08 RELIEF OF DUTIES Issue Date: 4/25/96
A majority of the Board may vote to place the Superintendent on leave without reduction in salary or other employment related benefits and such action shall not constitute termination. Utah Code § 53A-3-402(16)
1.0230 NON-RENEWAL
1.0230.01 NON-RENEWAL Issue Date: 4/25/96
The Board may, by majority vote, in its sole discretion, choose not to renew the Superintendent’s appointment at the end of the appointment period. No notice need be provided prior to the vote of the Board.
1.0300 ASSISTANT SUPERINTENDENT
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