Hearing Before the Board of Trustees. 9.6.1 If the unit member served with a recommendation for disciplinary action files a timely request for hearing, the Board of Trustees may conduct such hearing itself or may appoint a designee to conduct such a hearing. 9.6.1.1 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). 9.6.1.2 Any decisions rendered by such a designee shall be advisory to the Board. 9.6.2 If a unit member requests a hearing and subsequently fails to appear at the hearing, the unit member 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 unit member, based upon the recommendation for disciplinary action prepared by the Superintendent or his/her designee, and previously served upon the unit member. 9.6.3 The hearing shall be conducted in closed session unless the unit member requests a public hearing. The Board or its designee may deliberate in the absence of the unit member and the District administration. 9.6.4 At such hearing, the unit member 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. 9.6.5 The Board of Trustees’ determination of the sufficiency of the cause for disciplinary action shall be conclusive.
Appears in 3 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Hearing Before the Board of Trustees. 9.6.1 15.8.1 If the unit member employee served with a recommendation for disciplinary action files a timely request for a hearing, the Board of Trustees may conduct such a hearing itself or may appoint a designee to conduct such a hearing.
9.6.1.1 15.8.1.1 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).
9.6.1.2 15.8.1.2 Any decisions rendered by such a designee shall be advisory to the Board.
9.6.2 15.8.2 If a unit member an employee requests a hearing and subsequently fails to appear at the such hearing, the unit member 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 unit memberemployee, based upon the recommendation for disciplinary action prepared by the Superintendent or his/her designee, and previously served upon the unit memberemployee.
9.6.3 15.8.3 The hearing shall be conducted in closed session unless the unit member employee requests a public hearing. MOU'Operating Engineers Local #3 MJUSD"Nov5, 2009 Threlune30, 2010 The Board or its designee may deliberate in the absence of the unit member employee and the District administration. In any disciplinary proceeding, the burden of proof shall lie with the District.
9.6.4 15.8.4 At such hearing, the unit member employee shall be entitled to appear personally, to or be represented by a person of his/her choice choice, to introduce relevant evidence on his/her behalf, to cross-cross- examine witnesses and to challenge evidence presented by the District.
9.6.5 15.8.5 The Board of Trustees’ Board's determination of the sufficiency of the cause for disciplinary action shall be conclusive.
Appears in 1 contract
Samples: Collective Bargaining Agreement
