Common use of Dismissal Proceedings - Formal Hearing Clause in Contracts

Dismissal Proceedings - Formal Hearing. Upon completion of the requirements of Section 8.3 above, the campus vice chancellor/president or Chancellor (as appropriate) may proceed by providing a written statement to the affected faculty member(s) and the chairperson of the Hearing Committee. The statement shall include particulars of the proposed dismissal, the legal authority and jurisdiction under which the hearing is to be held, and reference to the particular statutes or rules involved. The statement shall also include the date, time, and place of the formal hearing, which shall be a formal, contested-case hearing held in accordance with the provisions of RCW 34.05, as now or hereafter amended. The formal, contested-case hearing shall be held not less than twenty (20) days after the statement is served on the faculty member. The campus vice chancellor/president or District Chancellor (as appropriate) shall select a hearing officer by requesting a panel of proposed hearing officers from the American Arbitration Association. The faculty member shall have the right to delete up to two (2) names from the panel submitted. The campus vice chancellor/president or District Chancellor shall then designate a hearing officer from the remaining names or may request another panel of proposed hearing officers from the American Arbitration Association, in which case the faculty member will have the further opportunity to delete up to two (2) names from the alternate panel. The designated hearing officer shall conduct a formal hearing according to the provision of RCW 34.05 as now or hereafter amended. The Dismissal Hearing Committee shall attend all hearings and at the discretion of the hearing officer shall examine any witness called. The hearing officer shall conduct the hearing and transmit to the Board of Trustees the record of the hearing and his or her findings of fact, conclusions, and recommendations regarding the proposed dismissal. The Dismissal Hearing Committee, based upon evidence presented at the hearing, shall transmit a recommendation to the Board of Trustees. The Board of Trustees shall adopt findings of fact and shall render a decision based upon the record. In rendering such a decision, the Board shall give careful consideration to the recommendations of the Dismissal Hearing Committee. Each side shall have an opportunity to make written or oral argument to the Board prior to the Board's final decision. If the findings of fact as adopted by the Board are different from the proposed findings of fact by the hearing officer, the Board shall issue preliminary findings of fact. Each side shall have an opportunity to argue before the Board concerning any proposed changes in the findings of fact to be adopted. Unless otherwise requested by the faculty member, all hearings shall be closed; however, interested parties, including students, will be given an opportunity to present evidence. Except for such simple announcements as may be required covering the time of the hearing and simple matters, no public statements about the case by either the faculty member, the Dismissal Hearing Committee, or administrative officers shall be made until the final decision is announced by the Board of Trustees in open session. The announcement of the final decision shall include the findings of fact of the Board of Trustees and the recommendations of the Dismissal Hearing Committee. It is agreed that, prior to final dismissal action, the District shall not abridge the full employment rights and privileges of a faculty member recommended for dismissal by the campus vice chancellor/president or District Chancellor. The faculty member may be suspended, however, prior to the final decision of the Board of Trustees if immediate harm to the affected employee or others is threatened by his or her continuance. Any such suspension shall be with pay. It is agreed that in the event of disputes regarding this section, the faculty member shall have the right to appeal the final decision of the Board of Trustees in accordance with the provisions of RCW 34.05. In the event of reduction-in-force per Article 8.1.k, the formal hearing must be conducted in compliance with RCW 28B.50.873 notwithstanding any other language in this section.