Hearing Before the Board of Trustees. The discipline hearing shall be held before the Board of Trustees. The President of the Board or designee shall preside. The hearing shall be held in closed session unless the bargaining unit member requests, in writing, an open hearing at least twenty-four (24) hours prior to the hearing. The following guidelines shall be used in conducting hearings. 1. The District has the burden of proving that the recommended discipline is warranted. Therefore, the District must present its case first. 2. The unit member may request that District employees be present as witnesses at the hearing by making a written request to the District’s Executive Director of Human Resources and Labor Relations at least five (5) calendar days before the hearing. 3. The hearing will be recorded by the District and a copy of the tape will be made available to the employee upon his/her request. 4. Oral evidence shall be taken only on oath or affirmation. 5. Each party shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness regardless of which party first called his/her to testify; and to rebut the evidence against him/her. If the accused unit member (respondent) does not testify in his/her own behalf, he/she may be called and examined as if under cross examination. 6. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admissions of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing and examining other evidence but shall not be sufficient standing by itself to support a finding unless it would be admissible over objection in civil actions.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Before the Board of Trustees. 26.10.1 The discipline hearing shall be held before the Board of Trustees. The President of the Governing Board or his/her designee shall preside. The hearing shall be held in closed session session, unless the bargaining unit Bargaining Unit member requests, requests in writing, writing an open hearing at least twenty-four (24) hours prior to the hearingin his/her Notice of Defense. The following guidelines shall be used in conducting hearings.
1. The District has the burden of proving that the recommended discipline is warranted. Therefore, the District must present its case first.
2. The unit member may request that District employees be present as witnesses at the hearing by making a written request to the District’s Executive Director of Human Resources and Labor Relations at least five (5A) calendar days before the hearing.
3. The hearing will be recorded by the District and a copy of the tape will be made available to the employee upon his/her request.
4. Oral evidence shall be taken only on oath or of affirmation.
5. B) Each party shall have the right to call and examine witnesses; and to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness witness, regardless of which party first called hishim/her to testify; and to rebut the evidence against him/her. If the accused unit Unit member (respondentRespondent) does not testify in his/her own behalf, he/she may be called and examined as if under cross cross-examination.
6. C) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admissions of such evidence over objection in civil actions.
26.10.2 At the conclusion of the hearing, the Governing Board shall retire and deliberate in private to determine whether the charges have been proven. Hearsay evidence If the Governing Board finds that the charges have been proven, it may order a reprimand of the Unit member, a reassignment, a suspension without pay, a demotion or a dismissal. The Governing Board shall announce its decision and the vote of each Governing Board member in public session.
26.10.3 Thereafter, the order shall be used for served upon the purpose Unit member personally, or by certified mail at his/her last address as shown in the records of supplementing and examining other evidence but shall the District. After receipt of the order, the Bargaining Unit member may request, within fifteen (15) calendar days, a written statement of the findings. The statement of findings will not be sufficient standing written unless requested by itself to support a finding unless it would the Bargaining Unit member. Once written, the findings will be admissible over objection placed in civil actionsthe personnel file.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Before the Board of Trustees. 22.9.1 The discipline hearing shall be held before the Board of Trustees. The President of the Board or designee shall preside. The hearing shall be held in closed session unless the bargaining unit member requests, in writing, an open hearing at least twenty-four (24Upon request of
A) hours prior to the hearing. The following guidelines shall be used in conducting hearings.
1. The District has the burden of proving that the recommended discipline is warranted. Therefore, the District must present its case first.
2. The unit member may request that District employees be present as witnesses at the hearing by making a written request to the District’s Executive Director of Human Resources and Labor Relations at least five (5) calendar days before the hearing.
3. The hearing will be recorded by the District and a copy of the tape will be made available to the employee upon his/her request.
4. Oral evidence shall be taken only on oath or of affirmation.
5. B) Each party shall have the right to call and examine witnesses; and to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness witness, regardless of which party first called hishim/her to testify; and to rebut the evidence against him/her. If the accused unit member (respondentRespondent) does not testify in his/her own behalf, he/she may be called and examined as if under cross cross- examination.
6. C) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admissions of such evidence over objection in civil actions.
22.9.2 At the conclusion of the hearing, the Governing Board shall retire and deliberate in private to determine whether the charges have been proven. Hearsay evidence If the Governing Board finds that the charges have been proven, it may issue a resolution ordering a reprimand of the unit member, a reassignment, a suspension without pay, a demotion or a dismissal. The Governing Board shall announce its decision and the vote of each Governing Board member in public session.
22.9.3 Thereafter, the resolution shall be served upon the unit member personally, or by certified mail at his/her last address as shown in the records of the District. After receipt of the resolution, the bargaining unit member may request, within fifteen (15) calendar days, a written statement of the findings. The statement of findings will not be written unless requested by the bargaining unit member. Once written, the findings will be placed in the personnel file.
22.9.4 If, at the conclusion of the hearing, the Governing Board finds the bargaining unit member free from guilt, an appropriate statement of innocence may be used for put into his/her personnel file upon request of the purpose of supplementing and examining other evidence but shall not be sufficient standing by itself to support a finding unless it would be admissible over objection in civil actionsemployee.
Appears in 2 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Before the Board of Trustees. 22.9.1 The discipline hearing shall be held before the Board of Trustees. The President of the Board or designee shall preside. The hearing shall be held in closed session session, unless the bargaining unit member requests, requests in writing, writing an open hearing at least twenty-four (24) hours prior to the hearing. The following guidelines shall be used in conducting hearings.
1. The District has the burden of proving that the recommended discipline is warranted. Therefore, the District must present its case first.
2. The unit member may request that District employees be present as witnesses at the hearing by making a written request to the District’s Executive Director of Human Resources and Labor Relations at least five (5A) calendar days before the hearing.
3. The hearing will be recorded by the District and a copy of the tape will be made available to the employee upon his/her request.
4. Oral evidence shall be taken only on oath or of affirmation.
5. B) Each party shall have the right to call and examine witnesses; and to introduce exhibits; to cross-examine opposing witnesses; to impeach any witness witness, regardless of which party first called hishim/her to testify; and to rebut the evidence against him/her. If the accused unit member (respondentRespondent) does not testify in his/her own behalf, he/she may be called and examined as if under cross cross- examination.
6. C) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admissions of such evidence over objection in civil actions.
22.9.2 At the conclusion of the hearing, the Governing Board shall retire and deliberate in private to determine whether the charges have been proven. Hearsay evidence If the Governing Board finds that the charges have been proven, it may issue a resolution ordering a reprimand of the unit member, a reassignment, a suspension without pay, a demotion or a dismissal. The Governing Board shall announce its decision and the vote of each Governing Board member in public session.
22.9.3 Thereafter, the resolution shall be used for served upon the purpose unit member personally, or by certified mail at his/her last address as shown in the records of supplementing and examining other evidence but shall not be sufficient standing by itself to support a finding unless it would be admissible over objection in civil actions.the District. After receipt of the resolution, the bargaining unit member may request, within fifteen
Appears in 1 contract
Samples: Collective Bargaining Agreement
