Common use of Hearing Before the Governing Board or Independent Hearing Officer Clause in Contracts

Hearing Before the Governing Board or Independent Hearing Officer. 19.8.1 If the unit member served with a recommendation for disciplinary action files a timely request for hearing, the Governing Board may conduct such hearing itself or may appoint an independent hearing officer to conduct such a hearing. 19.8.2 Any decisions rendered by such an independent hearing officer shall be advisory to the Board. 19.8.3 If the 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. 19.8.4 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. The Board or designee may have its attorney, if any, present during deliberations. 19.8.5 At such hearing, the unit member shall be entitled to appear personally and 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. 19.8.6 The governing Board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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