Common use of Hearing Before the Board of Education Clause in Contracts

Hearing Before the Board of Education. 1. If the employee served with a recommendation for disciplinary action files a timely request for hearing, the Board of Education may conduct such hearing itself or may appoint a designee to conduct such a hearing. a. Such designee may include, but is not limited to, a hearing officer (e.g., an Administrative Law Judge obtained through the Office of Administrative Hearings). b. Any decision rendered by such a designee shall be advisory to the Board. 2. If an employee requests a hearing and subsequently fails to appear at such hearing, the employee shall be deemed to have waived any right to participate or be represented at the hearing and action may be taken without further notice to the employee, based upon the recommendation for disciplinary action prepared by the Superintendent or his/her designee, and previously served upon the employee. 3. The hearing shall be conducted in closed session unless the employee requests a public hearing. The Board or its designee may deliberate in the absence of the employee and the District administration. 4. At such hearing, the employee shall be entitled to appear personally, to be represented by a person of his/her choice, to introduce relevant evidence on his/her behalf, to cross-examine witnesses and to challenge evidence presented by the District. 5. The Board of Education's determination of the sufficiency of the cause for disciplinary action shall be conclusive.

Hearing Before the Board of Education. 1. If the employee served with a recommendation for disciplinary action files a timely request for hearing, the Board of Education may conduct such hearing itself or may appoint a designee to conduct such a hearing. a. Such designee may include, but is not limited to, a hearing officer (e.g., an Administrative Law Judge obtained through the Office of Administrative Hearings). b. Any decision rendered by such a designee shall be advisory to the Board. 2. If an employee requests a hearing and subsequently fails to appear at such hearing, the employee shall be deemed to have waived any right to participate or be represented at the hearing and action may be taken without further notice to the employee, based upon the recommendation for disciplinary action prepared by the Superintendent or his/her designee, and previously served upon the employee. 3. The hearing shall be conducted in closed session unless the employee requests a public hearing. The Board or its designee may deliberate in the absence of the employee and the District administration. 4. At such hearing, the employee shall be entitled to appear personally, to be represented by a person of his/her choice, to introduce relevant evidence on his/her behalf, to cross-cross- examine witnesses and to challenge evidence presented by the District. 5. The Board of Education's determination of the sufficiency of the cause for disciplinary action shall be conclusive.

Hearing Before the Board of Education. ‌ 1. If the employee served with a recommendation for disciplinary action files a timely request for hearing, the Board of Education may conduct such hearing itself or may appoint a designee to conduct such a hearing.hearing.‌‌ a. Such designee may include, but is not limited to, a hearing officer (e.g., an Administrative Law Judge obtained through the Office of Administrative Hearings).Hearings).‌ b. Any decision rendered by such a designee shall be advisory to the Board.Board.‌ 2. If an employee requests a hearing and subsequently fails to appear at such hearing, the employee shall be deemed to have waived any right to participate or be represented at the hearing and action may be taken without further notice to the employee, based upon the recommendation for disciplinary action prepared by the Superintendent or his/her designee, and previously served upon the employee. 3. The hearing shall be conducted in closed session unless the employee requests a public hearing. The Board or its designee may deliberate in the absence of the employee and the District administration.administration.‌ 4. At such hearing, the employee shall be entitled to appear personally, to be represented by a person of his/her choice, to introduce relevant evidence on his/her behalf, to cross-examine witnesses and to challenge evidence presented by the District.District.‌ 5. The Board of Education's determination of the sufficiency of the cause for disciplinary action shall be conclusive.conclusive.‌