Procedure for Determination of an Abridgement of a Constitutional Right Sample Clauses

Procedure for Determination of an Abridgement of a Constitutional Right. 1. In the event any teacher alleges that his or her contract has been non-renewed because the teacher exercised a constitutional right, the following procedure shall be implemented:
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Procedure for Determination of an Abridgement of a Constitutional Right. In the event any teacher alleges that his or her contract has been non-renewed because the teacher exercised a constitutional right, the following procedure shall be implemented: The teacher alleging an abridgement by the board of a constitutionally-protected right shall notify the board of the allegations within fifteen (15) days after receiving the notice of intent to not renew or terminate the teacher’s contract. Such notice shall specify the nature of the activity protected, and the times, dates and places of such activity. The hearing officer provided for Section A.2; shall there upon be selected and shall decide if there is substantial evidence to support the teacher’s claim that the teacher’s exercise of a constitutionally-protected right was the reason for the non-renewal. If the hearing officer determines that there is no substantial evidence to substantiate the teacher’s claim of a violation of a constitutionally protected right, the board’s decision to not renew the contract shall stand. If the hearing officer determines that there is substantial evidence to support the teacher’s claim the board shall be required to submit to the hearing officer any reasons which may have been involved in the non-renewal. If the board presents any substantial evidence to support its reasons, the board’s decision not to renew the contract shall be upheld.
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