Impartial Third-Party Hearing. In the event that no mutually agreeable settlement is reached in the foregoing procedure, the Association representative, or employee if no Association is recognized by the District for the employee’s bargaining unit, may within thirty
Impartial Third-Party Hearing. 18.5.1 In the event that no mutually agreeable settlement is reached in the foregoing procedure, the Association representative, or employee if no Association is recognized by the District for the employee’s bargaining unit, may within thirty (30) days after receiving the decision of the Superintendent or designee in step three, file a petition in the Superintendent’s Office requesting that the matter be referred to an impartial third-party from outside the District for his/her review and recommendation.
18.5.2 Representatives of the Superintendent and the employee or Association shall agree upon an impartial third party hearing examiner from outside the District within ten (10) working days after receipt of notice of referral. The hearing examiner shall be notified of his/her selection by a joint letter from the District and the employee or Association requesting that he/she set a date and time for the hearing.
18.5.3 The hearing examiner shall have no authority to amend, modify, nullify, ignore, add or subtract from District policy or agreements. His/her authority shall be strictly limited to making a recommendations to the Board of Education regarding only the specific issue or issues submitted to him/her in writing by the District and the employee or Association. He/she shall have no authority to make recommendations on any other issue not submitted to him/her. He/she shall have no power to make recommendations contrary to or inconsistent with the law. His/her recommendations to the Board of Education must be based solely and only upon his/her interpretation of the meaning or the facts of the grievance presented. The hearing examiner shall submit his/her recommendation in writing within thirty (30) calendar days after the close of the hearing or the submission of agreed-upon briefs by the parties, whichever is later, unless the parties agree to an extension thereof.
18.5.4 In the hearing the employee, the Association, or the District, may not present or rely on any evidence, materials, allegation or remedy that was not presented in steps one through three unless mutually agreed upon by both parties prior to its submission.
18.5.5 The recommendation of the hearing examiner to the Board of Education shall be advisory only. The Board of Education may implement the hearing examiner’s recommendations in whole or in part, or may take such other action as the Board of Education deems appropriate. The Board of Education shall make a final disposition of the ca...
Impartial Third-Party Hearing
