Nevada § 391.760 - Suspension of licensed employee; dismissal proceedings; reinstatement; salary during suspension or dismissal proceedings; forfeiture of right of employment for certain offenses; period of suspension

§ 391.760. Suspension of licensed employee; dismissal proceedings; reinstatement; salary during suspension or dismissal proceedings; forfeiture of right of employment for certain offenses; period of suspension

1. If a superintendent has reason to believe that cause exists for the dismissal of

a licensed employee and the superintendent is of the opinion that the immediate suspension

of the employee is necessary in the best interests of the pupils in the district,

the superintendent may suspend the employee without notice and without a hearing. Within 10 days after the suspension becomes effective, the superintendent shall

begin proceedings pursuant to NRS 391.680 to 391.800 , inclusive, to carry out the employee's dismissal. The employee is entitled to continue to receive his or her salary and other benefits

after the suspension becomes effective until the date on which the dismissal proceedings

are commenced. 2. Notwithstanding the provisions of NRS 391.750 , a superintendent may suspend a licensed employee who has been officially charged

but not yet convicted of a felony or a crime involving moral turpitude or immorality. If the charge is dismissed or if the employee is found not guilty, the employee

must be reinstated with back pay, plus interest, and normal seniority. The superintendent shall notify the employee in writing of the suspension. Within 10 days after the date on which the employee receives such notice, the superintendent

shall provide the employee with the opportunity for an informal hearing to address

the circumstances relating to the charges and any other circumstances relating to

the suspension. The superintendent shall issue a written decision concerning the continuation of

the suspension based on the information presented at the hearing. The employee is entitled to continue to receive his or her salary and other benefits

after the suspension becomes effective until the date on which the superintendent

issues the written decision. The superintendent may recommend that an employee who has been charged with a felony

or a crime involving immorality be dismissed for another ground set forth in NRS 391.750 . 3. If sufficient grounds for dismissal are not found to exist at the conclusion of

the proceedings conducted pursuant to subsection 1 or 2, the employee must be reinstated

with full compensation, plus interest. 4. A licensed employee who furnishes to the school district a bond or other form of

security which is acceptable to the board as a guarantee that the employee will repay

any amounts paid to him or her pursuant to this subsection as salary during a period

of suspension is entitled to continue to receive his or her salary from the date on

which the dismissal proceedings are commenced until the decision of the board or the

report of the hearing officer, if the report is final and binding. The board shall not unreasonably refuse to accept a form of security other than

a bond. An employee who receives a salary pursuant to this subsection shall repay it if

the employee is dismissed or not reemployed as a result of a decision of the board

or a report of a hearing officer. 5. A licensed employee who is convicted of a crime which requires registration pursuant

to NRS 179D.010 to 179D.550 , inclusive, or is convicted of an act forbidden by NRS 200.508 , 201.190 , 201.265 , 201.540 , 201.553 , 201.560 or 207.260 forfeits all rights of employment from the date of his or her arrest. 6. A licensed employee who is convicted of any crime and who is sentenced to and serves

any sentence of imprisonment forfeits all rights of employment from the date of his

or her arrest or the date on which his or her employment terminated, whichever is

later. 7. A licensed employee who is charged with a felony or a crime involving immorality

or moral turpitude and who waives his or her right to a speedy trial while suspended

may receive no more than 12 months of back pay and seniority upon reinstatement if

the employee is found not guilty or the charges are dismissed, unless proceedings

have been begun to dismiss the employee upon one of the other grounds set forth in NRS 391.750 . 8. A superintendent may discipline a licensed employee by suspending the employee

with loss of pay at any time after a hearing has been held which affords the due process

provided for in this chapter. The grounds for suspension are the same as the grounds contained in NRS 391.750 . An employee may be suspended more than once during the employee's contract year,

but the total number of days of suspension may not exceed 20 in 1 contract year. Unless circumstances require otherwise, the suspensions must be progressively longer. 9. A licensed employee may be suspended pursuant to this section and admonished pursuant

to NRS 391.755 for the same conduct.