Can a School Board Suspend An Individual for Serious Misconduct With or Without Pay After Ensuring Observation of Procedural Due Process ?
In Burger v. Board of Sch. Dir. of McGuffey Sch. Dist., 576 Pa. 574, 839 A.2d 1055 (2003), the Supreme Court wrote:
Although we hold that a school board may implement interim suspensions with or without pay in appropriate circumstances in the face of allegations of serious misconduct on the part of a superintendent, we agree with the Commonwealth Court that a school board must insure that procedural due process rights are observed when implementing such measures....
We note only that due process is a flexible concept and, thus, requires procedural protections as each particular situation demands ... and that certainly prolonged impact on livelihood interests would be a weighty factor in the assessment. 576 Pa. at 585, 839 A.2d at 1062.