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R4710
ST. LOUIS BOARD OF EDUCATION REGULATION This regulation governs situations in which employees are the subject of criminal charges resulting from activities arising from, or in connection with, their employment. The regulation is limited in scope to criminal charges and is not applicable to civil lawsuits which are governed by policy number P4770 (Protection of Employees Against Liability Claims). LEGAL ASSISTANCE The employee is responsible for hiring legal counsel and defending the matter at the employee's expense. The employee is required, however, to give the board written notice within five days or as soon as practicable after the employee learns that the employee is the subject of a criminal investigation, complaint or charge. In addition, the employee and the employee's counsel must cooperate with the superintendent of schools and the board in investigating the facts relating to the incident or incidents that resulted in the criminal charges.
If an employee is the subject of criminal charges, other than charges concerning alleged traffic violations, and the employee is found not guilty of the charges after a trial, the employee may be eligible for reimbursement of the employee's legal expenses provided that the employee has not resigned and no disciplinary action is taken against the employee by the superintendent of schools or the board as a result of the employee's actions. (The term "disciplinary action," as used herein, means suspension without pay, demotion or termination of the employee). If the conditions in the preceding paragraphs are met, the board, upon proper application of the employee, may, in its absolute discretion, reimburse the employee for salary lost for court appearances and for the employee's legal expenses relating solely to the defense of the criminal charges, provided that such expenses are limited to a reasonable attorney's fee and related expenses.
Revised: December 8, 1998
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