SCHOOL DISTRICT AND UNIVERSITY ADMINISTRATORS’ DUE PROCESS IN INVESTIGATIONS AND TERMINATION PROCEEDINGS

     As a general principle, public school district administrators have at least a modest level of due process rights under state law as well as federal law, supported by the fundamental concept of public employees having a ‘property interest’ in their employment and a ‘liberty interest’ in their reputation. Any investigation and subsequent disciplinary proceeding can result in loss of employment and loss of reputation. Public school administrators are advised to get legal advice about their rights under their state’s statutory protection for administrators. Kansas, for example, provides some limited rights to public school district administrators who are targeted for nonrenewal of their contract. Those receiving such a notice may demand a review by the school board. The current value of a year-long employment contract can be the subject of a claim for an administrator being immediately dismissed.

    In the area of college and university administrator job actions, tenured professors have a state-law expectation of permanent employment, subject to strict rules on what facts can support an effort to dismiss a tenured professor. Those professors often hold administrative positions as department heads, assistant deans, deans, provosts and even president or chancellor. Upon receiving any formal notice of investigation or dismissal recommendation, those administrators should seek legal advice as to the college or university policy for taking action against a tenured professor. Typically there are important protections set forth in university senate rules and policies calling for specific right for the accused professor/administrator. Those rights can include a right to have the facts heard before a hearing panel of one’s peers; a right to participate in the selection of hearing panel members; a right to present evidence in one’s own behalf; a right to confront and cross-examine university or college witnesses; a right to see evidence ahead of the hearing and a right to know the identify of witnesses against the employee.

     Cohen & Duncan Attorneys LLC has substantial experience representing college and university administrators as well as public school district administrators. Protecting one’s rights starts with requesting a consultation with one of our attorneys at the first knowledge of any effort to conduct an investigation that might lead to a proceeding for dismissal or termination of employment. For more information, contact any of our attorneys listed on our homepage.