ACT 1776

ARTICLE IX

TENURE /TERMINATION

A. TENURE

All teachers shall acquire tenure pursuant to the following:

A teacher hired before the 1996-1997 school year who is certified or who is in the process of continuing education and who has completed three (3) successive years and one (1) day of teaching will be granted tenure. Time spent on an approved leave of absence will not constitute a break in service for this purpose, but will not count toward the requirement of three (3) successive years and one (1) day. Continuing education will include pursuit of certification, pursuit of a Master's degree, or course work in the subject area in which the teacher is working. A teacher having tenure will annually be offered renewal of his/her individual contract, except as otherwise provided herein.
1a. All teachers having six (6) years or more of teaching at the School will be granted the equivalent of tenure provided their teaching record has been satisfactory.
A teacher first hired for the 1996-1997 school year or thereafter will acquire tenure after three (3) successive years and one (1) day of satisfactory employment provided that the teacher is in possession of a New Jersey Teacher's Certificate or out of state equivalent (except that full-time religion teachers are to be certified under criteria established by the Diocesan Schools Office). Time spent on an approved leave of absence will not constitute a break in service for this purpose, but will not count toward the requirement of three (3) successive years and one (1) day.
Should the State of New Jersey require in-service credits to retain state certification, the School shall provide in-service programs through which the teachers can obtain such credits.

B. TERMINATION

A teacher without tenure may not be discharged except for just cause. A written notice must be given by May 1st to a non-tenured teacher whose contract will not be renewed for the following year. Notice of non-renewal must be preceded by a written notice of unsatisfactory performance given to the teacher as soon as possible but not later than April 1st.

This notice of April 1st will contain the reasons the School has for considering the teacher unsatisfactory and will be interpreted to include but not limited to the evaluation reports and notices of deficiency. Copies of the aforesaid notices will be forwarded to the Association by certified mail on the same day on which said teacher is so notified. In the event that the notices of April 1st and May 1st are not given to both the teacher and the Association, the teacher's contract will be renewed.
Teachers without tenure hired after September 1, 1999 may not be terminated or non-renewed arbitrarily or capriciously. The non-renewal of a non-tenured teacher who is non-certified shall not be deemed to be arbitrary or capricious.
After three (3) years of successive employment by a non-tenured teacher with certification, and in lieu of non-renewal, a non-tenured teacher with certification may be retained on probation without being granted tenure for an additional two (2) semesters.

A teacher who is to be retained on probation without tenure for two (2) additional semesters must be given written notice to that effect prior to the end of the sixth successive semester, but no later than May 1st. Such notice shall contain the reasons the School has for placing the teacher on probation and shall be interpreted to include but not be limited to evaluation reports and notices of deficiency. The reasons cited within the written notice shall not be a matter for the grievance procedure.

Notification of probation shall be preceded by a written notice of unsatisfactory performance given to the teacher as soon as possible, but no later than thirty (30) school days prior to the probation notice unless the cause for such action specifically arises after this date. This notice shall contain reasons the School has for considering the teacher unsatisfactory and shall be interpreted to include but not be limited to the evaluation reports and notices of deficiency to that effect. The reasons cited within such a notice shall not be a matter for the grievance procedure.

Teachers on probation shall automatically be granted tenure at the conclusion of their second semester on probation unless the procedures for non-renewal of contract contained in Section B1 above have been followed.
The long term substitute's employment status is at will. Upon the one hundred eightieth (180th) school day, a long-term substitute may not be terminated and/or non-renewed for arbitrary or capricious reasons. Additionally, the employment of a long term substitute will end upon the return of the teacher the long term substitute replaced.
Teachers having tenure may not be discharged except for just cause. The school must give written notice of termination to such teacher ninety (90) days prior to termination.

A copy of the aforesaid notice must be forwarded to the Association by certified mail on the same day on which said teacher is so notified.
In the event the teacher or the Association questions any discharge, he/she or it will file a written grievance with the School concerning the same within ten (10) school days of the imposition of the discharge. In the event the discharge occurs during the last ten (10) school days of the school year, said teacher or the Association must file a written grievance with the School within fourteen (14) calendar days of the imposition of the discharge.
All persons in the educational ministry in the School understand that the support of the Christian Witness Statement must be reflected in their public behavior. Any grievance arising from the dismissal of a teacher for serious and public immorality and/or public rejection of official doctrine or laws of the Church shall be first discussed orally with the Principal. The charge shall then be reduced to writing and presented to the teacher. The teacher or the Association may then file a grievance under the provisions of Article XXIII up to and including Level C.

If the grievance is not resolved, the teacher or the Association may request arbitration by the Ordinary of the Diocese or his designate whose decision shall be final and binding on all concerned.