Common use of Hearing Before the Superintendent Clause in Contracts

Hearing Before the Superintendent. The purpose of the superintendent’s hearing will be to determine whether the school system’s policy on harassment, including sexual harassment, has been violated, and, if so, the superintendent will recommend appropriate consequences for the violation. Both parties will be given a full and fair hearing. The proceeding, although formal, is not a court proceeding and the superintendent will not be bound by the procedures and rules of evidence of a court of law. In most instances, complainants and respondents will be expected to speak for themselves, although, if desired, an advocate(s) and/or legal counsel may accompany each party. The superintendent will act as the presiding officer of the hearing and may have counsel present for purposes of assisting in the orderly conduct of the hearing. The complainant and the respondent will be asked to clarify the issues and to define the areas of disagreement. To encourage a fair and focused hearing, the parties will notify the superintendent at the start of the proceedings about the points of agreement and disagreement. The superintendent will hear testimony and consider whether the school committee policy on harassment has been violated, and, if he or she so finds, will recommend appropriate consequences. The superintendent will:  ensure an orderly presentation of all evidence.  ensure that the proceedings are accurately recorded by means of a tape or stenographic recording.  issue a fair and impartial decision based on the issues and evidence presented at the hearing no later than ten (10) working days after the conclusion of the hearing or, when written arguments are submitted ten (10) working days after their submission. Decision of the Superintendent After all the evidence and the testimony are presented, the superintendent (or the school committee in the case of a charge against the superintendent) will deliberate to determine whether the school system’s policy on harassment has been violated. If the superintendent/school committee finds that the policy has not been violated that fact will be registered in the records of the hearing, and the written decision will be forwarded to the complainant and the respondent no later than fifteen (15) working days after the completion of the hearing. If the superintendent/school committee finds that the school system’s policy on sexual harassment has been violated, the hearing officer will prepare findings and will recommend a penalty for the respondent and relief for the complainant. The findings of fact as well as the recommended penalty and relief will be based solely on the testimony and evidence presented at the hearing.

Hearing Before the Superintendent. The purpose of the superintendent’s hearing will be to determine whether the school system’s policy on harassment, including sexual harassment, has been violated, and, if so, the superintendent will recommend appropriate consequences for the violation. Both parties will be given a full and fair hearing. The proceeding, although formal, is not a court proceeding and the superintendent will not be bound by the procedures and rules of evidence of a court of law. In most instances, complainants and respondents will be expected to speak for themselves, although, if desired, an advocate(s) and/or legal counsel may accompany each party. The superintendent will act as the presiding officer of the hearing and may have counsel present for purposes of assisting in the orderly conduct of the hearing. The complainant and the respondent will be asked to clarify the issues and to define the areas of disagreement. To encourage a fair and focused hearing, the parties will notify the superintendent at the start of the proceedings about the points of agreement and disagreement. The superintendent will hear testimony and consider whether the school committee policy on harassment has been violated, and, if he or she so finds, will recommend appropriate consequences. The superintendent will:  • ensure an orderly presentation of all evidence.  • ensure that the proceedings are accurately recorded by means of a tape or stenographic recording.  • issue a fair and impartial decision based on the issues and evidence presented at the hearing no later than ten (10) working days after the conclusion of the hearing or, when written arguments are submitted ten (10) working days after their submission. Decision of the Superintendent After all the evidence and the testimony are presented, the superintendent (or the school committee in the case of a charge against the superintendent) will deliberate to determine whether the school system’s policy on harassment has been violated. If the superintendent/school committee finds that the policy has not been violated that fact will be registered in the records of the hearing, and the written decision will be forwarded to the complainant and the respondent no later than fifteen (15) working days after the completion of the hearing. If the superintendent/school committee finds that the school system’s policy on sexual harassment has been violated, the hearing officer will prepare findings and will recommend a penalty for the respondent and relief for the complainant. The findings of fact as well as the recommended penalty and relief will be based solely on the testimony and evidence presented at the hearing.