                                 CODE OF VIRGINIA

GROUNDS AND PROCEDURE FOR SUSPENSION (§ 22.1-315)

A. A teacher or other public school employee, whether full-time or part-time,
permanent, or temporary, may be suspended for good and just cause when the
safety or welfare of the school division or the students therein is threatened
or when the teacher or school employee has been charged by summons, warrant,
indictment or information with the commission of a felony; a misdemeanor
involving (i) sexual assault as established in Article 7 (&#xA7; 18.2-61 et
seq.) of Chapter 4 of Title 18.2, (ii) obscenity and related offenses as
established in Article 5 (&#xA7; 18.2-372 et seq.) of Chapter 8 of Title 18.2,
(iii) drugs as established in Article 1 (&#xA7; 18.2-247 et seq.) of Chapter 7
of Title 18.2, (iv) moral turpitude, or (v) the physical or sexual abuse or
neglect of a child; or an equivalent offense in another state. Except when a
teacher or school employee is suspended because of being charged by summons,
warrant, indictment or information with the commission of one of the
above-listed criminal offenses, a division superintendent or appropriate central
office designee shall not suspend a teacher or school employee for longer than
sixty days and shall not suspend a teacher or school employee for a period in
excess of five days unless such teacher or school employee is advised in writing
of the reason for the suspension and afforded an opportunity for a hearing
before the school board in accordance with &#xA7;&#xA7; 22.1-311 and 22.1-313,
if applicable. Any teacher or other school employee so suspended shall continue
to receive his or her then applicable salary unless and until the school board,
after a hearing, determines otherwise. No teacher or school employee shall be
suspended solely on the basis of his or her refusal to submit to a polygraph
examination requested by the school board.

B. Any school employee suspended because of being charged by summons, warrant,
information or indictment with one of the offenses listed in subsection A may be
suspended with or without pay. In the event any school employee is suspended
without pay, an amount equal to his or her salary while on suspended status
shall be placed in an interest-bearing demand escrow account. Upon being found
not guilty of one of the offenses listed in subsection A or upon the dismissal
or nolle prosequi of the charge, such school employee shall be reinstated with
all unpaid salary and accrued interest from the escrow account, less any
earnings received by the school employee during the period of suspension, but in
no event shall such payment exceed one year&#8217;s salary.

C. In the event any school employee is found guilty by an appropriate court of
one of the offenses listed in subsection A and, after all available appeals have
been exhausted and such conviction is upheld, all funds in the escrow account
shall be repaid to the school board.

D. No school employee shall have his or her insurance benefits suspended or
terminated because of such suspension in accordance with this section.

E. Nothing in this section shall be construed to limit the authority of a school
board to dismiss or place on probation a teacher or school employee pursuant to
Article 3 (&#xA7; 22.1-306 et seq.) of this chapter.

F. For the purposes of this section, the placing of a school employee on
probation pursuant to the terms and conditions of &#xA7; 18.2-251 shall be
deemed a finding of guilt.

HISTORY: Code 1950, §§ 22-72, 22-97, 22-217.8:1; 1954, cc. 289, 291; 1956, Ex.
Sess., c. 60; 1959, Ex. Sess., c. 79, § 1; 1966, c. 691; 1968, c. 501; 1970, c.
71; 1971, Ex. Sess., c. 161; 1972, c. 511; 1975, cc. 308, 328; 1978, c. 430;
1979, c. 298; 1980, c. 559; 1987, c. 328; 1993, c. 498; 1996, c. 960; 1997, c.
721; 2001, cc. 430, 450.