A paraprofessional's job was terminated after more than 20 years of service to a district based on allegations that she used excessive force with a male student during three separate incidents over a period of nine days. The incidents were captured on a hallway monitoring camera.
The paraprofessional filed a grievance, arguing that even though she was an at-will employee without a contract, she was protected from termination in this instance due to a state law that says that a professional employee of a school district may not be subject to discipline, termination or nonrenewal for use of force when and to the degree reasonably necessary to further an educational purpose or maintain discipline. The district’s board of trustees denied the grievance. The paraprofessional then filed an appeal to the commissioner of education, who sided with the district.