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.
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Samples: Article of Agreement, Article of Agreement, Article of Agreement
