Common use of Procedure for Determination of an Abridgement of a Constitutional Right Clause in Contracts

Procedure for Determination of an Abridgement of a Constitutional Right. 1. In the event any teacher alleges that their contract has been non-renewed because the teacher exercised a constitutional right, the following procedure shall be implemented: a. 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. b. The hearing officer provided for Section B.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. c. 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. d. 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. e. If the board presents any substantial evidence to support its reasons, the board’s decision not to renew the contract shall be upheld. f. The above due process provisions are intended to paraphrase and represent the due process statute in effect January 1,

Appears in 3 contracts

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

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Procedure for Determination of an Abridgement of a Constitutional Right. 1. In the event any teacher alleges that their his or her contract has been non-renewed non­renewed because the teacher exercised a constitutional right, the following procedure shall be implemented: a. The teacher alleging an abridgement by the board of a constitutionally protected right shall notify the board of the allegations within fifteen (15) 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, dates and places of such activity. b. The hearing officer provided for Section B.2; A.2. shall there upon thereupon 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 constitutionally­protected right was the reason for the non-renewalnon­renewal. c. 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 . The board’s decision to not renew the contract shall stand. d. If the hearing officer determines that there is substantial evidence to support the teacher’s claim claim, the board shall be required to submit to the hearing officer any reasons which that may have been involved in the non-renewalnon­renewal. e. If the board presents any substantial evidence to support its reasons, the board’s decision not to renew the contract shall be upheld. f. The above due process provisions are intended to paraphrase and represent the due process statute in effect January 1,

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedure for Determination of an Abridgement of a Constitutional Right. 1. In the event any teacher alleges that their his or her contract has been non-renewed because the teacher exercised a constitutional right, the following procedure shall be implemented: a. The teacher alleging an abridgement by the board of a constitutionally 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, dates and places of such activity. b. The hearing officer provided for Section B.2A.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 constitutionally-protected right was the reason for the non-non- renewal. c. 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. d. 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. e. If the board presents any substantial evidence to support its reasons, the board’s decision not to renew the contract shall be upheld. f. The above due process provisions are intended to paraphrase and represent the due process statute in effect January 1,

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedure for Determination of an Abridgement of a Constitutional Right. 1. In the event any teacher alleges that their contract has been non-renewed because the teacher exercised a constitutional right, the following procedure shall be implemented: a. 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, dates and places of such activity. b. The hearing officer provided for Section B.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. c. 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. d. 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. e. If the board presents any substantial evidence to support its reasons, the board’s decision not to renew the contract shall be upheld. f. The above due process provisions are intended to paraphrase and represent the due process statute in effect January 1,

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedure for Determination of an Abridgement of a Constitutional Right. 1. In the event any teacher alleges that their his or her contract has been non-renewed because the teacher exercised a constitutional right, the following procedure shall be implemented: a. : The teacher alleging an abridgement by the board of a constitutionally 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, dates and places of such activity. b. . The hearing officer provided for Section B.2A.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 constitutionally-protected right was the reason for the non-renewal. c. . 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. d. . 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. e. . If the board presents any substantial evidence to support its reasons, the board’s decision not to renew the contract shall be upheld. f. The above due process provisions are intended to paraphrase and represent the due process statute in effect January 1,

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Procedure for Determination of an Abridgement of a Constitutional Right. 1. In the event any teacher alleges that their his or her contract has been non-renewed because the teacher exercised a constitutional right, the following procedure shall be implemented: a. 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, dates and places of such activity. b. The hearing officer provided for Section B.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. c. 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. d. 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. e. If the board presents any substantial evidence to support its reasons, the board’s decision not to renew the contract shall be upheld. f. The above due process provisions are intended to paraphrase and represent the due process statute in effect January 1,

Appears in 1 contract

Samples: Collective Bargaining Agreement

Procedure for Determination of an Abridgement of a Constitutional Right. 1. In the event any teacher alleges that their contract has been non-renewed because the teacher exercised a constitutional right, the following procedure shall be implemented: a. 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, dates and places of such activity. b. The hearing officer provided for Section B.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. c. 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. d. 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. e. If the board presents any substantial evidence to support its reasons, the board’s decision not to renew the contract shall be upheld. f. The above due process provisions are intended to paraphrase and represent the due process statute in effect January 1,

Appears in 1 contract

Samples: Collective Bargaining Agreement

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