K_Z
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Regarding resignation vs firing, there can be other issues that persuade one option to be better than the other for both the board, and teacher. If you resign, generally you are no longer eligible for any benefits (health, etc), and typically can't apply for unemployment benefits.
Resignation for more "minor" workplace infractions is one technique for the worker to maintain some control over their resume, and the outcome of the discipline situation, and avoid having a termination on their record. But as BW will certainly never have another teaching job, resume issues hardly matter at all.
Workers under contract usually have to give sufficient notice, as well (even in "at will" states). Usually 30 days or more.
If a tenured contract teacher employee is in the discipline/ firing process, I don't think the board "has" to allow that teacher to resign in lieu of firing. They can decline to accept the resignation. (But I'm not completely sure about that in every area. It may depend on the contract, and the employment law in Ohio.) The worker retains benefits, and sometimes pay, during the termination process.
Could be the board will wait to hear if the district attorney plans to file any charges, before they decide what they will do. I think if the prosecutor doesn't file charges, the board will have to be the strong force, and go through the termination process. If the prosecutor does file charges, particularly if the initial charges are felony charges, they might be relieved to perform a quick exit, and offer her resignation in lieu of firing.
I think the family will file a civil complaint against her regardless of whether BW is fired, or has charges brought. If the school doesn't fire her (allows her to resign), AND there is no criminal charges, the family (IMO) will sue the district.
If she doesn't offer a resignation in lieu of firing, the Board's course is set. They might offer HER resignation in lieu of firing, but except for the money they would save, there is no "up" side for the board. But if she decides to try to fight a termination process, the saving of thousands of dollars and months of headache might persuade the board to offer her resignation in lieu of firing.
Either way, the Board has a lot to consider-- balancing how to best get rid of this employee, against the potential liability faced by the district if the parents sue the district. IMO.
Resignation for more "minor" workplace infractions is one technique for the worker to maintain some control over their resume, and the outcome of the discipline situation, and avoid having a termination on their record. But as BW will certainly never have another teaching job, resume issues hardly matter at all.
Workers under contract usually have to give sufficient notice, as well (even in "at will" states). Usually 30 days or more.
If a tenured contract teacher employee is in the discipline/ firing process, I don't think the board "has" to allow that teacher to resign in lieu of firing. They can decline to accept the resignation. (But I'm not completely sure about that in every area. It may depend on the contract, and the employment law in Ohio.) The worker retains benefits, and sometimes pay, during the termination process.
Could be the board will wait to hear if the district attorney plans to file any charges, before they decide what they will do. I think if the prosecutor doesn't file charges, the board will have to be the strong force, and go through the termination process. If the prosecutor does file charges, particularly if the initial charges are felony charges, they might be relieved to perform a quick exit, and offer her resignation in lieu of firing.
I think the family will file a civil complaint against her regardless of whether BW is fired, or has charges brought. If the school doesn't fire her (allows her to resign), AND there is no criminal charges, the family (IMO) will sue the district.
If she doesn't offer a resignation in lieu of firing, the Board's course is set. They might offer HER resignation in lieu of firing, but except for the money they would save, there is no "up" side for the board. But if she decides to try to fight a termination process, the saving of thousands of dollars and months of headache might persuade the board to offer her resignation in lieu of firing.
Either way, the Board has a lot to consider-- balancing how to best get rid of this employee, against the potential liability faced by the district if the parents sue the district. IMO.