Common use of Hearing on Disciplinary Actions Clause in Contracts

Hearing on Disciplinary Actions. The following provisions apply where the employee has requested a hearing on the disciplinary action. i. Within ten (10) days after receiving the request for hearing, the Governing Board or its designee shall schedule a hearing. The Board will hear recommendations from District Administration and CSEA as to whether the Board should hear the discipline or have a third-party neutral hearing officer hear the discipline. The Board shall have the final decision upon consideration of the recommendations. ii. The employee shall be given written notice of the time and place of the hearing at least twenty (20) days before the date of the hearing. The employee shall be entitled to representation by a designated representative of his/her own choosing, including legal counsel. iii. The Board President shall preside over hearings heard by the Board of Education. A hearing officer shall preside over a hearing heard by a third- party neutral. Hearings shall be tape recorded. iv. The burden of proof rests with the District. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses, and to rebut evidence proffered against the party. The oral testimony shall be taken under oath or affirmation. v. The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to relying on in the conduct of serious affairs; however, hearsay cannot be used as the basis of a material factual finding unless it is corroborated by non-hearsay evidence. vi. The parties may mutually agree to prepare post hearing briefs in lieu of closing statements, to be submitted within a reasonable period of time after the close of testimony. vii. When the hearing occurs during the workday of an employee of the Employer who is a witness for either party, the employee shall be released from work in order to testify, without loss of pay or benefits. viii. The Board of Education or Hearing Officer shall issue his/her opinion and award in writing, which shall set forth his/her findings of fact, reasoning, and conclusions. The hearing officer may modify, revoke, or sustain the District Administration’s notice of recommended disciplinary action, but shall not impose a higher level of discipline than that recommended by the District Administration’s notice. Within thirty (30) days of the close of hearing or the filing of post hearing briefs, whichever is later, the Board or hearing officer shall file his/her recommendation for award with the Governing Board and shall serve the employee and the employee’s designated representative. ix. At the first regularly scheduled Board meeting which occurs after issuance of the Board or hearing officer’s recommendation, the Governing Board shall act upon the decision as set forth. x. The cost of the hearing officer shall be borne by the Employer.

Hearing on Disciplinary Actions. The following provisions apply where the employee has requested a hearing on the disciplinary action. i. 1. Within ten (10) days after receiving the request for hearing, the Governing Board or its designee shall schedule a hearing. The Board will hear recommendations from District Administration and CSEA as to whether the Board should hear the discipline or have a hearing before an independent, third-party neutral hearing officer hear the discipline. The Board shall have the final decision upon consideration of the recommendationsofficer. ii2. The employee shall be given written notice of the time and place of the hearing at least twenty (20) days before the date of the hearing. The employee shall be entitled to representation by a designated representative of his/her their own choosing, including legal counsel. iii3. The Board President shall preside over hearings heard by the Board of Education. A hearing officer shall preside over a hearing heard by a third- party neutral. Hearings the hearing, which shall be tape recorded. iv4. The burden of proof rests with the District. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses, and to rebut evidence proffered against the party. The oral testimony shall be taken under oath or affirmation. v. The hearing need not be conducted according to technical rules of evidence. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to relying rely on in the inthe conduct of serious affairs; however, hearsay cannot be used as the basis of a material factual finding unless it is corroborated by non-no hearsay evidence. vi5. The parties may mutually agree to prepare post hearing briefs in lieu of closing statements, to be submitted within a reasonable period of time after the close of testimony. vii6. When the hearing occurs during the workday of an employee of the Employer who who, is a witness for either party, the employee shall be released from work in order to testify, without loss of pay or benefits. viii7. The Board of Education or Hearing Officer hearing officer shall issue his/her their opinion and award in writing, which shall set forth his/her their findings of fact, reasoning, and conclusions. The hearing officer may modifyxxx xxxxxx, revoke, or sustain the District Administration’s Superintendent's notice of recommended disciplinary action, but shall not impose a higher level of discipline than that recommended by the District Administration’s Superintendent's notice. Within thirty (30) days of the close of hearing or the filing of post hearing briefs, whichever is later, the Board or hearing officer shall file his/her recommendation for their opinion and award with the Governing Board Board, and shall serve the employee and the employee’s 's designated representative. ix8. At the first regularly scheduled Board meeting which occurs after issuance of the Board or hearing officer’s recommendation's decision, the Governing Board shall act upon the decision as set forth. x. 9. The cost of the hearing officer shall be borne by the Employer.