Hearing Before Designee Clause Samples
The "Hearing Before Designee" clause establishes that any required hearing or dispute resolution process will be conducted before a person specifically appointed or designated for that purpose, rather than a standard judge or official. In practice, this means that the parties may present their arguments and evidence to an individual chosen by the organization or authority involved, such as a hearing officer or an internal decision-maker. This clause streamlines the resolution process by allowing for specialized or expedited hearings, ensuring that disputes are handled efficiently and by someone with relevant expertise or authority.
Hearing Before Designee i. A dismissal hearing shall be delegated to a hearing officer from the Office of Administrative Hearings.
ii. A suspension, involuntary reassignment or demotion hearing may be delegated to the Superintendent or his or her designee.
iii. The designee shall submit a written recommended decision to the Board of Education, which shall include proposed findings of fact and determination of issues. A copy of the recommended decision shall be sent to the employee.
iv. Prior to making a final decision, the Board of Education shall afford the employee the opportunity to present arguments to it on the sufficiency of cause for disciplinary action.
v. The Board of Education may accept, reject, or modify the recommended decision. Should the Board reject or modify the recommended decision, it shall first review the record of the hearing. Any modified decision shall include findings of fact and determination of issues by the Board of Education.
Hearing Before Designee. 1. A suspension of five (5) days or less, or an involuntary reassignment hearing may be delegated to the Superintendent or his/her designee.
2. A dismissal hearing may be delegated to a hearing officer from the Office of the State of California Department of Industrial Relations. The delegee shall submit a written recommended decision to the Governing Board which shall include proposed findings of fact and determination of issues. A copy of the recommended decision shall be sent to the employee.
Hearing Before Designee. (i) Hearings regarding suspensions of ten (10) working days or less may be delegated to the Superintendent or his/her designee by the Board.
(ii) Hearings regarding suspensions of eleven (11) working days or more, demotions and dismissals may be held before a hearing officer at the option of the local Executive Board of the Union or the Board. The hearing officer shall be mutually agreed upon by the District and CSEA. If no agreement is reached the District and CSEA will agree to strike names from a list provided by the State Mediation and Conciliation Service.
(iii) The Superintendent, his/her designee, or the hearing officer shall submit a written recommended decision to the Board which shall include proposed findings of fact and determination of issues. A copy of the recommended decision shall be sent to the employee and the Union. However, inadvertent failure to comply with this requirement shall not constitute reason to affect the ultimate disciplinary action, if any.
(iv) If the hearing officer's recommended decision upholds the discipline action in its entirety, then the Union shall pay the hearing officer's cost and the cost of the reporter, if any. If the hearing officer's recommended decision upholds the discipline action in part, the Union and the District shall divide equally the hearing officer's cost and the cost of the reporter, if any. If the hearing officer's recommended decision dismisses the disciplinary action in its entirety, the District shall pay the hearing officer's cost and the cost of the reporter, if any.
(v) The Board may accept, reject, or modify the recommended decision. If the Board does not accept the recommendation, it shall first review the record of the hearing prior to rejecting or modifying the recommended decision. Any modified decision shall include findings of fact and determination of issues by the Board. If the Board rejects or modifies the recommended decision in a manner adverse to the employee, the District shall pay the hearing officer's cost and the cost of the reporter, if any.
Hearing Before Designee. (a) A suspension, involuntary reassignment or demotion hearing may be delegated to the Superintendent or his/her designee by the Board.
(b) A dismissal hearing may be delegated to a hearing officer from the Office of Administrative Hearings. Delegation may take place at the request of either party, but the expense shall be equally shared.
(c) The designee shall submit a written recommended decision to the Board of Education which shall include proposed findings of fact and determination of issues. A copy of the recommended decision shall be sent to the employee.
(d) ▇▇▇▇▇ to making a final decision, the Board of Education shall afford the employee the opportunity to present arguments to the Board of Education on the sufficiency of cause for disciplinary action.
(e) The Board of Education may accept, reject, or modify the recommended decision. Should the Board reject or modify the recommended decision, it shall first review the record of the hearing. Any modified decision shall include findings of fact and determination of issues by the Board of Education.
Hearing Before Designee. (a) A suspension of two (2) days or less, involuntary reassignment/transfer hearing shall be delegated to the Superintendent his/her designee. The decision shall be effective immediately; however, the employee within five (5) work days may appeal the Superintendent/designee’s decision to the Board in accordance with D.4.e.(3) below.
(b) Upon the Union’s request, a hearing for a suspension of three (3) days or more, demotion, or dismissal shall be delegated to an arbitrator mutually selected by the District and Union from an agreed upon list of arbitrators. A record of the hearing may be made. The arbitrator shall render his/her decision within ten (10) days of submission. Costs of the hearing shall be shared equally by the District and the Union.
(c) An employee who demands a hearing before an arbitrator or the Board of Education shall be paid his/her regular salary until the final decision by the Board of Education provided (1) he/she has been afforded an informal hearing, and (2) he/she furnishes the District a suitable bond or other security acceptable to the District as a guarantee that the employee will repay the District should he/she be suspended or dismissed. If the employee is not suspended, the District shall reimburse the employee the cost of the bond.
Hearing Before Designee. 20.6.5.1.1. A suspension without pay, involuntary reassignment for disciplinary reasons or demotion hearing may be delegated to the Superintendent or his/her designee by the Board.
20.6.5.1.2. A dismissal hearing may be delegated to a hearing officer by the Board. Delegation may take place at the request of either party, but the expense shall be equally shared between CSEA 860 and the District.
20.6.5.1.3. The designee shall submit a written recommended decision to the Board of Education which shall include proposed findings of fact and determination of issues. A copy of the recommended decision shall be sent to the unit member.
20.6.5.1.4. Prior to making a final decision, the Board of Education shall afford the unit member the opportunity to present arguments to the Board of Education on the sufficiency of cause for the recommended disciplinary
20.6.5.1.5. The Board of Education may accept, reject, or modify the recommended decision. Should the Board reject or modify the recommended decision, it shall first review the record of the hearing. Any modified decision shall include findings of fact and determination of issues by the Board of Education.