Common use of Notice of Nonrenewal; Hearing Officer Clause in Contracts

Notice of Nonrenewal; Hearing Officer. 1. Whenever a teacher is given written notice of intention to not renew the teacher’s contract or whenever the teacher is given notice of intention to terminate the contract, the notice shall include: (1) a statement of the reasons for the proposed nonrenewal or termination; and (2) a statement that the teacher may have the matter heard by a hearing officer, upon written request filed with the Clerk of the Board of Education within 15 calendar days from the date of such notice of non-renewal or termination. 2. Upon the filing of any written request of a teacher to be heard as provided in a. above, within 10 calendar days thereafter, the Board shall notify the commissioner of education that a list of qualified hearing officers is required. Such notice shall contain the mailing address of the teacher. Within ten (10) days after receipt of notification from the Board, the commissioner shall provide to the Board and to the teacher, a list of nine randomly selected, qualified hearing officers. 3. Within five (5) days after receiving the list from the commissioner, each party shall eliminate four names from the list, and the remaining individual on the list shall serve as the hearing officer. In the process of elimination, each party shall eliminate no more than one name at a time, the parties alternating after each name has been eliminated. The first name to be eliminated shall be chosen by the teacher, within five (5) days after the teacher receives the list. The process of elimination shall be completed within five (5) days thereafter. 4. Either party may request that one new list be provided within five (5) days after receiving the list. If such a request is made, the party making the request shall notify the commissioner and the other party, and the commissioner shall generate a new list and distribute it to the parties in the same manner as the original list. 5. In lieu of using the process provided in subsections (2) and (3), if the parties agree, they may make a request to the American Arbitration Association for an arbitrator to serve as the hearing officer. Any party desiring to use this alternative procedure shall so notify the other party in the notice required under subsection (1). If the parties agree to use this procedure, the parties shall make a joint request to the American Arbitration Association for a hearing officer within ten (10) days after the teacher files a request for a hearing. If the parties choose to use this procedure, the parties shall each pay one-half of the cost of the arbitrator and of the arbitrator’s expenses.

Appears in 3 contracts

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

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Notice of Nonrenewal; Hearing Officer. 1. Whenever a teacher is given written notice of intention to not renew the teacher’s contract or whenever the teacher is given notice of intention to terminate the contract, the notice shall include: (1) a statement of the reasons for the proposed nonrenewal or termination; and (2) a statement that the teacher may have the matter heard by a hearing officer, upon written request filed with the Clerk of the Board of Education within 15 calendar days from the date of such notice of non-renewal or termination. 2. Upon the filing of any written request of a teacher to be heard as provided in a. above, within 10 calendar days thereafter, the Board shall notify the commissioner of education that a list of qualified hearing officers is required. Such notice shall contain the mailing address of the teacher. Within ten (10) 10 days after receipt of notification from the Board, the commissioner shall provide to the Board and to the teacher, a list of nine randomly selected, qualified hearing officers. 3. Within five (5) days after receiving the list from the commissioner, each party shall eliminate four names from the list, and the remaining individual on the list shall serve as the hearing officer. In the process of elimination, each party shall eliminate no more than one name at a time, the parties alternating after each name has been eliminated. The first name to be eliminated shall be chosen by the teacher, within five (5) days after the teacher receives the list. The process of elimination shall be completed within five (5) days thereafter. 4. Either party may request that one new list be provided within five (5) days after receiving the list. If such a request is made, the party making the request shall notify the commissioner and the other party, and the commissioner shall generate a new list and distribute it to the parties in the same manner as the original list. 5. In lieu of using the process provided in subsections (2b) and (3c), if the parties agree, they may make a request to the American Arbitration Association for an arbitrator to serve as the hearing officer. Any party desiring to use this alternative procedure shall so notify the other party in the notice required under subsection (1a). If the parties agree to use this procedure, the parties shall make a joint request to the American Arbitration Association for a hearing officer within ten (10) 10 days after the teacher files a request for a hearing. If the parties choose to use this procedure, the parties shall each pay one-half of the cost of the arbitrator and of the arbitrator’s expenses.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Notice of Nonrenewal; Hearing Officer. 1. a. Whenever a teacher is given written notice of intention to not renew the teacher’s contract or of whenever the teacher is given notice of intention to terminate the contract, the notice shall include: (1) a statement of the reasons for the proposed nonrenewal non­renewal or termination; and (2) a statement that the teacher may have the matter heard by a hearing officer, upon written request filed with the Clerk of the Board of Education within 15 calendar days from the date of such notice of non-renewal non­renewal or termination. 2. b. Upon the filing of any written request of a teacher to be heard as provided in a. (a) above, within 10 calendar days thereafter, the Board shall notify the commissioner of education that a list of qualified hearing officers is required. Such notice shall contain the mailing address of the teacher. Within ten (10) 10 days after receipt of notification from the Board, the commissioner shall provide to the Board and to the teacher, a list of nine randomly selected, qualified hearing officers. 3. c. Within five (5) days after receiving the list from the commissioner, each party shall eliminate four names from the list, and the remaining individual on the list shall serve as the hearing officer. In the process of elimination, each party shall eliminate no more than one name at a time, the parties alternating after each name has been eliminated. The first name to be eliminated shall be chosen by the teacher, within five (5) days after the teacher receives the list. The process of elimination shall be completed within five (5) days thereafter. 4. d. Either party may request that one new list be provided within five (5) days after receiving the list. If such a request is made, the party making the request shall notify the commissioner and the other party, and the commissioner shall generate a new list and distribute it to the parties in the same manner as the original list. 5. e. In lieu of using the process provided in subsections (2b) and (3c), if the parties agree, they may make a request to the American Arbitration Association for an arbitrator to serve service as the hearing officer. Any party desiring to use this alternative procedure shall so notify the other party in the notice required under subsection (1a). If the parties agree to use this procedure, the parties shall make a joint request to the American Arbitration Association for a hearing officer within ten (10) 10 days after the teacher files a request for a hearing. If the parties choose to use this procedure, the parties shall each pay one-half one­half of the cost of the arbitrator and of the arbitrator’s expenses.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Notice of Nonrenewal; Hearing Officer. 1. Whenever a teacher is given written notice of intention to not renew the teacher’s contract or whenever the teacher is given notice of intention to terminate the contract, the notice shall include: (1) a statement of the reasons for the proposed nonrenewal or termination; and (2) a statement that the teacher may have the matter heard by a hearing officer, upon written request filed with the Clerk of the Board of Education within 15 calendar days from the date of such notice of non-renewal or termination. 2. Upon the filing of any written request of a teacher to be heard as provided in a. above, within 10 calendar days thereafter, the Board shall notify the commissioner of education that a list of qualified hearing officers is required. Such notice shall contain the mailing address of the teacher. Within ten (10) 10 days after receipt of notification from the Board, the commissioner shall provide to the Board and to the teacher, a list of nine randomly selected, qualified hearing officers. 3. Within five (5) days after receiving the list from the commissioner, each party shall eliminate four names from the list, and the remaining individual on the list shall serve as the hearing officer. In the process of elimination, each party shall eliminate no more than one name at a time, the parties alternating after each name has been eliminated. The first name to be eliminated shall be chosen by the teacher, within five (5) days after the teacher receives the list. The process of elimination shall be completed within five (5) days thereafter. 4. Either party may request that one new list be provided within five (5) days after receiving the list. If such a request is made, the party making the request shall notify the commissioner and the other party, and the commissioner shall generate a new list and distribute it to the parties in the same manner as the original list. 5. In lieu of using the process provided in subsections (2b) and (3c), if the parties agree, they may make a request to the American Arbitration Association for an arbitrator to serve as the hearing officer. Any party desiring to use this alternative procedure shall so notify the other party in the notice required under subsection (1a). If the parties agree to use this procedure, the parties shall make a joint request to the American Arbitration Association for a hearing officer within ten (10) 10 days after the teacher files a request for a hearing. If the parties choose to use this procedure, the parties shall each pay one-half of the cost of the arbitrator and of the arbitrator’s expenses.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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