Due Process Case Study

Principle Eight: Due Process
In simplest terms, when a school terminates an employee, he or she should know the charges against them. In reality, the laws and guidelines surrounding the termination process is more complex. The process involves documentation, timelines, and hearings. Additionally, not all employees even qualify for due process.
Idaho statute calls for three categories of certified teachers.
• Category I employees are certified employees with one year contracts. No further notification is required to terminate the contract at the end of the school year.
• Category 2 employees are certified personal with one and two years of continuous employment with the same school district. If this employee is not rehired at the end
This information dovetails with the evaluation process. Some personnel issues do arise which require immediate attention, but others occur and are not addressed during the year because administrators do not evaluation, provide feedback, and document. Using the performance review process correctly will ideally lead to solid performance. As an administrator, I would contact my district office to notify them if I felt any employee was not performing up to standard. I know my superintendent would want to know if I felt corrective action was necessary. I believe it is important not to have surprises if an employee is close to termination and it is the first time the district office is informed of the situation. Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972)
Facts: Roth was hired as a professor at Wisconsin State University for one year, with the possibility of an extension. He was not rehired and not given a reason, or the possibility of challenging the decision. Roth sued the school.
Issues: Where Roth’s Fourteenth Amendment rights to due process violated?
Ruling: The United States Supreme Court ruled Roth’s rights were not violated by Wisconsin State University’s decision. He was not entitled to a reason or to challenge their decision to withdraw their offer of
The University did not harm Roth’s reputation or prevent him from gaining employment as a professor. The contract in place was for one year, with an extension if both parties agreed. Wisconsin State University chose not to hire Roth, but did not injure his future career substantially.
Conclusion: This case is important because certified staff members have due process rights. These rights depend on the category under which they were hired. Administrators need to be cognizant of which category an employee belongs to and follow the processes carefully. It is expensive to recruit, hire and train new employees. The goal should always be to counsel employees and correct behavior. However, there are times when disciplinary action and termination will occur. Understanding and following the due process outline is critical to avoid frustration and potential