9-6. Governing Policies and Procedures

PSRPs shall continue to be subject to the Rules of the Board of Education, applicable BOARD guidelines, BOARD policies and procedures and this Agreement.

9-6.2. Probationary PSRP Discharge Procedures. 

A probationary PSRP who is discharged shall be provided with a notice stating the reason for the discharge. The UNION shall be copied on the notice. The probationary PSRP shall be permitted to submit a response to the notice which shall be included in their file.

9-6.3. Non-Probationary PSRP Discharge Procedures. 

9-6.3(a).  Suspension. 

The Office of Administrative Hearings has the right and authority to suspend a PSRP without pay, pending the outcome of an investigation or dismissal hearing. Before a PSRP is suspended without pay, they shall be afforded a pre-suspension hearing in the Office of Administrative Hearings so that the PSRP may be informed of the allegations against them and to provide the PSRP with an opportunity to rebut the allegations leveled against them. The Office of Administrative Hearings may suspend PSRPs, without pay, for a maximum of 25 work days pending a discharge hearing, only in cases where the misconduct is in violation of the Board’s drug/alcohol policy, any of the enumerated offenses as defined in the Illinois School Code, sexual misconduct, severe physical abuse, or other egregious violations. The PSRP shall be entitled to back pay if the PSRP is not discharged. If a determination has not been made within 25 work days as to whether the PSRP should be discharged, then the PSRP will start receiving their regular pay, and will be eligible for all benefits normally available during periods of active employment.

9-6.3(b).  Temporary Removal. 

The Office of Administrative Hearings has the right to remove, with pay and benefits, a PSRP from their position on a temporary basis where the best interests of the Chicago Public Schools and the students are served by such a removal. At the time of removal, a PSRP will be provided with the basis for the removal.

9-6.3(c).  Dismissal Charges. 

Where the discharge of a PSRP is recommended, the Board’s Law Department will draft Dismissal Charges that will set forth the charges and specifications alleged against the PSRP. These Dismissal Charges shall be approved by the Chief Executive Officer, or their designee.

9-6.3(d).  Dismissal Hearing. 

The non-probationary PSRP shall be afforded the opportunity to have a dismissal hearing at the Office of Administrative Hearings that will be conducted by a Hearing Officer that shall be designated by the Office of Administrative Hearings. The hearing procedures shall include, but may not necessarily be limited to the following:

  1. The PSRP shall be entitled to notice of the Dismissal Charges prior to the hearing.
  2. At the hearing, the PSRP may appear on their own behalf and/or be represented by their appointed Union representatives. The PSRP shall have the right to be present, respond to the Dismissal Charges, and present oral and/or written evidence, including the direct examination and cross-examination of witnesses. The Hearing Officer has the authority to administer oaths, to limit testimony and evidence, and to rule on motions presented by the parties. The Hearing Officer should not make arguments on behalf of either party. The hearing will be recorded by a means determined by the Hearing Officer.
  3. The Law Department will provide the Union and the PSRP with a copy of the documents or evidence in its possession that are the basis for the dismissal charges when the dismissal charges are sent to the Union. This document production may be supplemented up to two (2) school days prior to the hearing. The PSRP or the Union will provide the Law Department with a copy of documents or evidence in its possession that are the basis for their defense two (2) school days prior to the hearing and this production can be supplemented up to the day of hearing. The Law Department, the PSRP, or the Union may submit supplemental evidence up to 24 hours prior to the hearing, but only to the extent that such evidence is directly responsive to materials disclosed by the other party two (2) school days before the hearing.
  4. Once the hearing has closed, the Hearing Officer will summarize the evidence and make recommended findings of facts and conclusions of law to the Office of Administrative Hearings. The Office of Administrative Hearings has the authority to accept or reject the Hearing Officer’s recommendations.
  5. If the Office of Administrative Hearing determines that discharge is warranted, the Office of Administrative Hearings shall suspend the non-probationary PSRP without pay pending Chief Executive Officer and Board approval of the discharge recommendation.
  6. If the Office of Administrative Hearings determines that the discharge of the PSRP is not warranted, then the Office of Administrative Hearings shall issue a decision that specifies the level of discipline which shall include the following options: (1) that no discipline shall be imposed (2) a First Step Warning; (3) a Second Step Warning; (4) a Third Step Warning; (5) offer the PSRP and Union Representative the opportunity to enter into a Last Chance Agreement with stipulations. The decision may also include training.
  7. If the Office of Administrative Hearings determines that the discharge of the PSRP is warranted, then the office shall submit its findings and conclusions to the Chief Executive Officer. If the Chief Executive Officer agrees with the findings and conclusions of the Office of Administrative Hearings to discharge the PSRP, then the Chief Executive Officer shall report their decision to the Board.
  8. The Board will determine whether to accept or reject the Chief Executive Officer’s recommendation to discharge the PSRP. The Board may also decide to decrease the severity of the discipline or remand to the Office of Administrative Hearings for determination on the appropriate level of discipline. The determination of the Board shall be appealable at the discretion of the UNION as specified in Article 29-5.