Common use of Procedure for Disciplinary Action Clause in Contracts

Procedure for Disciplinary Action. The employee shall be given a written notice including a statement of charges. Such charges shall cite the specific cause or causes with sufficient detail to permit the employee to prepare a defense, and the proposed action. The employee shall have the right to respond either orally or in writing to the District’s designee in a Xxxxxx Hearing. The designee shall not have conducted the investigation or have made the initial recommendation for disciplinary action. The designee shall consider the employee’s response and recommend within fifteen (15) calendar days that the proposed disciplinary action either be taken, not taken, or amended. If the employee's presence would, in the judgment of the responsible administrator, constitute a hazard or disturbance to students, fellow employees or the public, the District may immediately suspend with pay the employee involved. An employee’s suspension, without pay, will commence upon his or her receipt of notice of recommendation of personal action after a “Xxxxxx” hearing or a hearing before the Governing Board if the employee chooses to exercise that right. The written notice shall include a statement of the employee's right to a hearing, the time within such a hearing may be requested which shall not be less than five (5) work days, and a form, the signing and filing of which shall constitute a demand for a hearing and a denial of the charges. The notice may be served personally or by certified mail, return receipt requested, to the employee's last known address. If the employee does not respond within the stated time limit for requesting a hearing, the stated intended action shall be imposed. Upon receipt of a Denial and Request for a Hearing, the District will arrange for a hearing before the Governing Board. The hearing date will allow the employee a minimum of five (5) work days for preparation, but shall not be more than fifteen (15) work days from the date of request. Time limits may be extended by mutual agreement between the District and the employee. The employee must appear in person and may be represented by anyone of his/her choosing. If the employee does not appear, the stated intended action shall be imposed. All such hearings shall be conducted in Closed Session, unless a public hearing is requested by the employee. The hearing shall be before the Board of Trustees unless the Board decides to have this matter heard by an Administrative Law Judge (ALJ) appointed by the Office of Administrative Hearings. Such ALJ decision shall be advisory to the Board of Trustees. If the Board decides that it does not want to accept the decision of the ALJ, it shall order a transcript of the hearing. Within fifteen (15) work days after receipt of the transcript the Board Members shall read the transcript of any exhibits offered at the hearing and shall hold a meeting on five (5) work days notice to hear argument only. The ALJ may recommend that the board may act to reduce the discipline proposed by the Administration. The decision of the Board shall be final. Time limits stated may be extended by mutual agreement between the District and the employee. The ALJ in making a recommendation or the Board in hearing the matter or in reviewing the ALJ's recommendation may modify the disciplinary action proposed by the Administration or determine that the charges shall be dismissed.

Procedure for Disciplinary Action. 16.5.1 The employee shall be given a written notice including a statement of charges. Such charges shall cite the specific cause or causes with sufficient detail to permit the employee to prepare a defense, and the proposed action. The employee shall have the right to respond either orally or in writing to the District’s designee in a Xxxxxx Hearing. The designee shall not have conducted the investigation or have made the initial recommendation for disciplinary action. The designee shall consider the employee’s response and recommend within fifteen (15) calendar days that the proposed disciplinary action either be taken, not taken, or amended. . 16.5.2 If the employee's presence would, in the judgment of the responsible administrator, constitute a hazard or disturbance to students, fellow employees or the public, the District may immediately suspend with pay the employee involved. An employee’s suspension, without pay, will commence upon his or her receipt of notice of recommendation of personal action after a “Xxxxxx” hearing or a hearing before the Governing Board if the employee chooses to exercise that right. . 16.5.3 The written notice shall include a statement of the employee's right to a hearing, the time within such a hearing may be requested which shall not be less than five (5) work daysworkdays, and a form, the signing and filing of which shall constitute a demand for a hearing and a denial of the charges. The notice may be served personally or by certified mail, return receipt requested, to the employee's last known address. . 16.5.4 If the employee does not respond within the stated time limit for requesting a hearing, the stated intended action shall be imposed. . 16.5.5 Upon receipt of a Denial and Request for a Hearing, the District will arrange for a hearing before the Governing Board. The hearing date will allow the employee a minimum of five (5) work days workdays for preparation, but shall not be more than fifteen (15) work days from the date of request. Time limits may be extended by mutual agreement between the District and the employee. . 16.5.6 The employee must appear in person and may be represented by anyone of his/her choosing. If the employee does not appear, the stated intended action shall be imposed. . 16.5.7 All such hearings shall be conducted in Closed Session, unless a public hearing is requested by the employee. . 16.5.8 The hearing shall be before the Board of Trustees unless the Board decides to have this matter heard by an Administrative Law Judge (ALJ) appointed by the Office of Administrative Hearings. Such ALJ decision shall be advisory to the Board of Trustees. If the Board decides that it does not want to accept the decision of the ALJ, it shall order a transcript of the hearing. Within fifteen (15) work days after receipt of the transcript the Board Members shall read the transcript of any exhibits offered at the hearing and shall hold a meeting on five (5) work days notice to hear argument only. The ALJ may recommend that the board may act to reduce the discipline proposed by the Administration. The decision of the Board shall be final. . 16.5.9 Time limits stated may be extended by mutual agreement between the District and the employee. . 16.5.10 The ALJ in making a recommendation or the Board in hearing the matter or in reviewing the ALJ's recommendation may modify the disciplinary action proposed by the Administration or determine that the charges shall be dismissed.

Procedure for Disciplinary Action. 8.5.1 Except in cases of emergency in which the employee must be removed from the premises immediately as provided herein, at least five (5) work days prior to the effective date of any proposed disciplinary action, the Superintendent or designee shall give the employee written notice of the proposed disciplinary action. The notice shall include the causes for the proposed disciplinary action, a copy of the materials upon which the proposed action is based and the right to respond either orally or in writing prior to the proposed action. Any response made by the employee shall be considered by the Superintendent or designee prior to initiating any proposed disciplinary action. In the event of emergency circumstances that require removal of the employee from the work site immediately, such notice and right to respond shall be provided to the employee as soon as possible after his/her removal from the premises. In cases of an emergency when the Superintendent or designee determines that the District personnel, students or property are endangered, or that a classified employee constitutes a hazard or disturbance to students, fellow employees or the public, the Superintendent or designee may immediately suspend a classified employee with pay until a hearing by the Board of Trustees on the disciplinary action may be held. 8.5.2 If the Superintendent or designee initiates a disciplinary action, the employee shall be given a written notice including a statement of charges. Such charges shall cite the specific cause or causes with sufficient detail to permit the employee to prepare a defense, and ; the charges shall also cite the proposed action. The employee shall have the right to respond either orally or in writing to the District’s designee in a Xxxxxx Hearing. The designee shall not have conducted the investigation or have made the initial recommendation for disciplinary action. The designee shall consider the employee’s response and recommend within fifteen (15) calendar days that the proposed disciplinary action either be taken, not taken, or amended. If the employee's presence would, in the judgment of the responsible administrator, constitute a hazard or disturbance to students, fellow employees or the public, the District may immediately suspend with pay the employee involved. An employee’s suspension, without pay, will commence upon his or her receipt of notice of recommendation of personal action after a “Xxxxxx” hearing or a hearing before the Governing Board if the employee chooses to exercise that right. . 8.5.3 The written notice shall include a statement of the employee's right to a hearing, the time within such which a hearing may be requested which shall not be less than five (5) work working days, and a form, the signing and filing of which shall constitute a demand for a hearing and a denial of the charges. The notice may be served personally or by certified mail, return receipt requested, to the employee's last known address. . 8.5.4 If the employee does not respond within the stated time limit for requesting a hearing, the stated intended action shall be imposed. . 8.5.5 Upon receipt of a Denial and Request for a Hearing, the District will arrange for a hearing before the Governing Board. The hearing date will allow be scheduled by mutual agreement of the employee a minimum representatives of the parties between five (5) work days for preparation, but shall not be more than fifteen and twenty (1520) work days from the date of request. Time limits may be extended by mutual agreement between , unless the District and the employee. representatives agree otherwise. 8.5.6 The employee must appear in person and may be represented by anyone of his/his or her choosing. If the employee does not appear, the stated intended action shall be imposed. . 8.5.7 All such hearings shall be conducted in Closed Sessionclosed session, unless a public hearing is requested by the employee. . 8.5.8 The hearing shall be before the Board of Trustees unless the Board decides to have this the matter heard by before an Administrative Law Judge (ALJ) appointed by the State Office of Administrative Hearings. Such ALJ decision shall be advisory to the Board of TrusteesBoard. If the Board decides that it does not want to accept the decision of the ALJ, it shall the Board may order a transcript of the hearing. Within fifteen (15) work days after receipt of the transcript transcript, the Board Members members shall read the transcript of and any exhibits offered at the hearing and shall hold a meeting on five (5) work days notice to hear argument only. The ALJ may recommend that and the board Board may act to reduce the discipline proposed by the Administration. The decision of the Board shall be final. . 8.5.9 Time limits stated may be extended by upon mutual agreement between of the District and the employee. . 8.5.10 No disciplinary action shall be taken for any cause which arose prior to the employee's becoming permanent, nor for any cause which arose more than two years preceding the date of filing of the Notice of Intended Disciplinary Action unless such cause was concealed or not disclosed by such employee when it could be reasonably assumed that the employee should have disclosed the facts to the District. 8.5.11 The ALJ in making a recommendation recommendation, or the Board in hearing the matter or in reviewing the ALJ's recommendation recommendation, may modify the disciplinary action proposed by the Administration or determine that the charges shall be dismissed.

Procedure for Disciplinary Action. 1. The employee shall be given a notified by written notice including a statement of chargeswhen disciplinary action is planned. Such charges notice shall cite describe the specific cause or causes with sufficient detail to permit for the employee to prepare a defenseplanned disciplinary action and shall include dates, approximate times and the proposed actiongeneral location where the chargeable cause or causes occurred. The employee shall have the right to respond either orally or in writing to the District’s designee in a Xxxxxx Hearing. The designee shall not have conducted the investigation or have made the initial recommendation for disciplinary action. The designee shall consider the employee’s response and recommend within fifteen (15) calendar days that the proposed disciplinary action either shall also be taken, not taken, or amendedstated. If the employee's presence would, in the judgment of the responsible administrator, constitute a hazard or disturbance to students, fellow employees or the public, the District may immediately suspend with pay The written notice shall be personally served on the employee involved. An employee’s suspension, without pay, will commence upon his or her receipt of notice of recommendation of personal action after a “Xxxxxx” hearing or a hearing before the Governing Board if mailed to the employee chooses to exercise that rightvia certified mail. 2. The written notice shall include a statement of the employee's ’s right to a hearing, hereinafter XXXXXX, and the date, time within such a hearing may be requested and the place scheduled for the XXXXXX, which shall not be less than ten (10) days from this notice. In attendance at the SKELLY, shall be the employee being disciplined and his/her representative (i.e., union representative or attorney), the supervisor proposing the discipline and the XXXXXX Hearing Officer. The Superintendent, or designee, will serve as the “Hearing Officer”. In the event the Superintendent is mutually determined to not be impartial, a mutually agreed upon impartial third party will be utilized as the XXXXXX Hearing Officer. 3. Purpose of XXXXXX is to allow the employee an opportunity to provide any information in his/her defense to the hearing officer prior to any discipline being imposed. 4. If the employee fails to attend the SKELLY as designated, he/she gives up the right for XXXXXX and the stated intended action shall be imposed. 5. Within a period of five (5) work working days following the XXXXXX, the Hearing Officer shall render judgment to affirm, dismiss the charge or charges, or modify the disciplinary action proposed. 6. Written notification of the Hearing Officer’s decision shall be personally served on the employee or mailed to the employee via certified mail. 7. Hearing Officer’s notification shall include: 1) a statement of the employee’s right to a hearing by the Board of Trustees, 2) the time within which such a hearing may be requested, which shall not be less than ten (10) days, and 3) a form, the signing and filing of which shall constitute a demand for a hearing and a denial of the charges. 8. The notice may be served personally Filing of a request for hearing shall not prevent or by certified mail, return receipt requested, to delay the employee's last known address. If the employee does not respond within the stated time limit for requesting a hearing, the stated intended action shall be imposedimposition of disciplinary action. 9. Upon receipt of a Denial denial and Request request for a Hearinghearing, the District MLUSD will arrange for a hearing before the Governing BoardMother Lode Union School District Board of Trustees. The hearing date will allow the employee a minimum of five ten (510) work days for preparation, but shall not be more than fifteen twenty (1520) work days from the date of the receipt of the request. Time limits may be extended by mutual agreement between The Board shall render judgment to affirm, reverse/dismiss the District and charge or charges, or modify the employeedisciplinary action. 10. The employee must appear in person and may be represented by anyone of his/her choosing. If the employee does not appear, the stated intended action shall be imposedCounsel or representation. 11. All such hearings shall be conducted in Closed Session, executive session unless the employee specifically requests a public hearing is requested by the employeein writing. The hearing shall be before Superintendent reserves the right to have the Board of Trustees unless the Board decides to have this matter heard hearing presided over by an Administrative Law Judge (ALJ) appointed by the Office of Administrative Hearings. Such ALJ decision shall be advisory impartial person trained to the Board of Trustees. If the Board decides that it does not want to accept the decision of the ALJ, it shall order a transcript of the hearing. Within fifteen (15) work days after receipt of the transcript the Board Members shall read the transcript of any exhibits offered at the hearing and shall hold a meeting on five (5) work days notice to hear argument only. The ALJ may recommend that the board may act to reduce the discipline proposed by the Administrationconduct administrative hearings. 12. The decision of the Board of Trustees shall be final. 13. Any disciplinary action shall be subject to the grievance procedure on procedural grounds only. 14. Time limits stated may be extended by upon mutual agreement between the District of MLUSD and the employee. The ALJ in making a recommendation or the Board in hearing the matter or in reviewing the ALJ's recommendation may modify the disciplinary action proposed by the Administration or determine that the charges shall be dismissedCSEA.

Procedure for Disciplinary Action. 1. The employee shall be given a notified by written notice including a statement of chargeswhen disciplinary action is planned. Such charges notice shall cite describe the specific cause or causes with sufficient detail to permit for the employee to prepare a defenseplanned disciplinary action and shall include dates, approximate times and the proposed actiongeneral location where the chargeable cause or causes occurred. The employee shall have the right to respond either orally or in writing to the District’s designee in a Xxxxxx Hearing. The designee shall not have conducted the investigation or have made the initial recommendation for disciplinary action. The designee shall consider the employee’s response and recommend within fifteen (15) calendar days that the proposed disciplinary action either shall also be taken, not taken, or amendedstated. If the employee's presence would, in the judgment of the responsible administrator, constitute a hazard or disturbance to students, fellow employees or the public, the District may immediately suspend with pay The written notice shall be personally served on the employee involved. An employee’s suspension, without pay, will commence upon his or her receipt of notice of recommendation of personal action after a “Xxxxxx” hearing or a hearing before the Governing Board if mailed to the employee chooses to exercise that rightvia certified mail. 2. The written notice shall include a statement of the employee's ’s right to a hearing, hereinafter XXXXXX, and the date, time within such a hearing may be requested and the place scheduled for the XXXXXX, which shall not be less than ten (10) days from this notice. The Superintendent, or designee, will serve as the “Hearing Officer”. 3. Purpose of XXXXXX is to allow the employee an opportunity to provide any information in his/her defense to the hearing officer prior to any discipline being imposed. 4. If the employee fails to attend the XXXXXX as designated, he/she gives up the right for XXXXXX and the stated intended action shall be imposed 5. Within a period of five (5) work working days following the XXXXXX, the Hearing Officer shall render judgment to affirm, dismiss the charge or charges, or modify the disciplinary action proposed. 6. Written notification of the Hearing Officer’s decision shall be personally served on the employee or mailed to the employee via certified mail. 7. Hearing Officer’s notification shall include: 1) a statement of the employee’s right to a hearing by the Board of Trustees, 2) the time within which such a hearing may be requested, which shall not be less than ten (10) days, and 3) a form, the signing and filing of which shall constitute a demand for a hearing and a denial of the charges. 8. The notice may be served personally Filing of a request for hearing shall not prevent or by certified mail, return receipt requested, to delay the employee's last known address. If the employee does not respond within the stated time limit for requesting a hearing, the stated intended action shall be imposedimposition of disciplinary action. 9. Upon receipt of a Denial denial and Request request for a Hearinghearing, the District MLUSD will arrange for a hearing before the Governing BoardMother Lode Union School District Board of Trustees. The hearing date will allow the employee a minimum of five ten (510) work days for preparation, but shall not be more than fifteen (15) work days from the date of request. Time limits may be extended by mutual agreement between the District and the employee. The employee must appear in person and may be represented by anyone of his/her choosing. If the employee does not appear, the stated intended action shall be imposed. All such hearings shall be conducted in Closed Session, unless a public hearing is requested by the employee. The hearing shall be before the Board of Trustees unless the Board decides to have this matter heard by an Administrative Law Judge (ALJ) appointed by the Office of Administrative Hearings. Such ALJ decision shall be advisory to the Board of Trustees. If the Board decides that it does not want to accept the decision of the ALJ, it shall order a transcript of the hearing. Within fifteen (15) work days after receipt of the transcript the Board Members shall read the transcript of any exhibits offered at the hearing and shall hold a meeting on five (5) work days notice to hear argument only. The ALJ may recommend that the board may act to reduce the discipline proposed by the Administration. The decision of the Board shall be final. Time limits stated may be extended by mutual agreement between the District and the employee. The ALJ in making a recommendation or the Board in hearing the matter or in reviewing the ALJ's recommendation may modify the disciplinary action proposed by the Administration or determine that the charges shall be dismissed.twenty

Procedure for Disciplinary Action. The 15.3.1 When disciplinary action that would affect pay status is recommended, the affected employee shall be given a written notice including a statement notified in writing of the charges. Such charges shall cite , the specific cause or causes with sufficient detail District's intent to permit the employee to prepare a defensetake disciplinary action, and the proposed right to request a conference with the Assistant Superintendent of Human Resources or designee. 15.3.2 Within five (5) working days of such notice, the affected employee may request a Xxxxxx hearing with the Assistant Superintendent of Human Resources or designee to discuss the reasons for the recommended disciplinary action and to present reasons why such action should not be taken. The proceedings shall not be adversarial. Such hearing shall be held within five (5) days or as soon thereafter as reasonably practical of the employee's request. 15.3.3 No later than ten (10) working days after the Xxxxxx hearing, the hearing officer xxxx notify the employee and the Association in writing of the decision. 15.3.4 If the hearing officer determines to overturn the recommended discipline, the discipline process stops. 15.3.5 If the hearing officer determines to uphold or amend the discipline, the recommendation is taken to the Board for action. Following Board action, the employee will receive a copy of the final written charges. 15.3.6 Per Ed Code Section 45305, within fourteen (14) days after having been furnished with a copy of the written charges, a permanent employee who has been suspended, demoted, or discharged may appeal the decision to the Personnel Commission by filing a written answer to such charges. The appeal can be made only on the following grounds: 1) that the procedure set forth in these rules has not been followed, 2) that the action taken was solely because of affiliation, political or religious acts or opinions, race, color, sex, or marital status, 3) that the action (including the level of discipline) was not taken in accordance with the facts, and 4) that the grounds for the action taken are without merit or are unfounded. 15.3.7 The employee may be accompanied to the Xxxxxx hearing in 15.3.2 and to the meeting with the Personnel Commission, by the Association or a representative of his/her choice. 15.3.8 Per Ed Code 45306, the Personnel Commission shall investigate the matter on appeal and may require further evidence from either party, and may, and upon request of the employee, shall order a hearing before the Commission. The employee shall have the right to respond either orally appear in person or with representation and to be heard in writing to his/her own defense, The Commission may modify the District’s designee in a Xxxxxx Hearing. The designee shall not have conducted the investigation or have made the initial recommendation for disciplinary action. The designee shall consider , but may not make the employee’s response and recommend within fifteen (15) calendar days action more stringent than that approved by the proposed disciplinary action either be taken, not taken, or amended. If the employee's presence would, in the judgment of the responsible administrator, constitute a hazard or disturbance to students, fellow employees or the public, the District may immediately suspend with pay the employee involved. An employee’s suspension, without pay, will commence upon his or her receipt of notice of recommendation of personal action after a “Xxxxxx” hearing or a hearing before the Governing Board if the employee chooses to exercise that right. The written notice shall include a statement of the employee's right to a hearing, the time within such a hearing may be requested which shall not be less than five (5) work days, and a form, the signing and filing of which shall constitute a demand for a hearing and a denial of the charges. The notice may be served personally or by certified mail, return receipt requested, to the employee's last known address. If the employee does not respond within the stated time limit for requesting a hearing, the stated intended action shall be imposed. Upon receipt of a Denial and Request for a Hearing, the District will arrange for a hearing before the Governing Board. The hearing date Commission will allow notify the employee a minimum in writing of five (5) work days for preparationthe final decision. 15.3.9 Per Ed Code 45306, but shall not be more than fifteen (15) work days from the date of request. Time limits may be extended by mutual agreement between the District and the employee. The employee must appear in person and may be represented by anyone of his/her choosing. If the employee does not appear, the stated intended action shall be imposed. All such hearings shall be conducted in Closed Session, unless a public hearing is requested by the employee. The hearing shall be before the Board of Trustees unless the Board decides to have this matter heard by an Administrative Law Judge (ALJ) appointed by the Office of Administrative Hearings. Such ALJ decision shall be advisory to the Board of Trustees. If the Board decides that it does not want to accept the decision of the ALJ, it Commission shall order not be subject to review by the Board. 15.3.10 The failure of a transcript classified employee to follow the time limits herein set forth shall be deemed an acceptance of the hearing. Within fifteen (15) work days after receipt of the transcript the Board Members decision rendered and shall read the transcript constitute a waiver of any exhibits offered at the hearing and shall hold a meeting on five (5) work days notice to hear argument only. The ALJ may recommend that the board may act to reduce the discipline proposed further reconsideration by the Administration. District concerning the specific disciplinary action. 15.3.11 The decision employee may elect in writing to forego the meeting before the Personnel Commission without prejudicing any right of the Board shall be final. Time limits stated may be extended appeal afforded by mutual agreement between the District and the employee. The ALJ in making a recommendation or the Board in hearing the matter or in reviewing the ALJ's recommendation may modify the disciplinary action proposed by the Administration or determine that the charges shall be dismissedlaw.

Procedure for Disciplinary Action. The employee Before any disciplinary action is commenced against a permanent employee, the Superintendent or designee shall be given a written notice including a statement of charges. Such charges shall cite the specific cause or causes with sufficient detail to permit inform the employee of the pending action and arrange for a time and place to prepare a defense, and meet with the proposed actionemployee. The employee shall have then be given the right opportunity to respond either orally or in writing give reasons to the District’s Superintendent or designee in a Xxxxxx Hearingwhy the disciplinary action should not be initiated. 21.2.1 Any permanent employee against whom disciplinary action is initiated by the District shall be given written notice by the Superintendent including the proposed action, the reasons for such action, and the charges and materials upon which the action is based. The designee shall not have conducted the investigation or have made the initial recommendation for disciplinary action. The designee shall consider the employee’s response and recommend within fifteen (15) calendar days that the proposed disciplinary action either be taken, not taken, or amended. If the employee's presence would, in the judgment of the responsible administrator, constitute a hazard or disturbance to students, fellow employees or the public, the District may immediately suspend with pay the employee involved. An employee’s suspension, without pay, will commence upon his or her receipt of notice of recommendation of personal action after a “Xxxxxx” hearing or a hearing before the Governing Board if the employee chooses to exercise that right. The written notice shall include contain a statement of the employee's right to a hearing, respond orally or in writing to the time charges within such a hearing may be requested which shall not be less than five (5) work daysdays of the date the notice is given personally or sent by certified mail to the last known address. The notice shall also contain a statement of the right to hearing such charges, and the time within which such hearing may be requested, which shall be given five (5) days after service of the notice. An employee may be suspended immediately upon service of the notice, but loss of compensation shall not commence until after the expiration of the appeal process. 21.2.2 Said notice shall be accompanied by a formcard or paper, the signing and filing of which with the Superintendent or designee shall constitute a demand for a hearing and a denial of the all charges. The notice may be served personally or by certified mail, return receipt requested, Failure of the employee to file a request for hearing within the time specified shall constitute a waiver of the employee's last known address. If the employee does not respond within the stated time limit for requesting right to a hearing. 21.2.3 A regular employee charged with the commission of any sex offense as defined in Section 44010 of the Education Code by complaint, the stated intended action shall be imposed. Upon receipt information, or indictment filed in a court of a Denial and Request for a Hearing, the District will arrange for a hearing before the Governing Board. The hearing date will allow the employee a minimum of five (5) work days for preparation, but shall not be more than fifteen (15) work days from the date of request. Time limits competent jurisdiction may be extended by mutual agreement between suspended. Such a suspension will be processed as an involuntary personal leave in accordance with the District and provisions of this rule relative to suspensions. 21.2.4 Dismissal shall cause removal of the employee. The employee must appear in person and may be represented by anyone of his/her choosing. If 's name from all employment lists. 21.2.5 Failure to appeal, as provided below, shall make the employee does not appear, the stated intended action shall be imposed. All such hearings shall be conducted in Closed Session, unless a public hearing is requested by the employee. The hearing shall be before the Board of Trustees unless the Board decides to have this matter heard by an Administrative Law Judge (ALJ) appointed by the Office of Administrative Hearings. Such ALJ decision shall be advisory to the Board of Trustees. If the Board decides that it does not want to accept the decision of the ALJ, it shall order a transcript of the hearing. Within fifteen (15) work days after receipt of the transcript the Board Members shall read the transcript of any exhibits offered at the hearing Superintendent final and shall hold a meeting on five (5) work days notice to hear argument only. The ALJ may recommend that the board may act to reduce the discipline proposed by the Administration. The decision of the Board shall be final. Time limits stated may be extended by mutual agreement between the District and the employee. The ALJ in making a recommendation or the Board in hearing the matter or in reviewing the ALJ's recommendation may modify the disciplinary action proposed by the Administration or determine that the charges shall be dismissedconclusive.