Common use of Termination of Entry-Level Probationary Employees for Misconduct Involving Clause in Contracts

Termination of Entry-Level Probationary Employees for Misconduct Involving. a Liberty Interest The purpose of an administrative appeal hearing for the termination of a sworn entry-level probationary employee based on charges of misconduct involving a liberty interest is to provide the employee an opportunity to refute the charge, clear the employee’s name, and establish a formal record of the circumstances surrounding the employee’s termination. The Department bears no burden of proof in this hearing. Evidence is not required but may be provided by the Department. The Department may present a case at its discretion. Should the Department elect to present a case, notice of this decision must be given to the appellant and/or his or her representative/attorney no later than two business days prior to the date of the hearing. The hearing officer may request specific information from the Department, but may not compel the Department to present a case. Notwithstanding a decision by the Department to present a case, it bears no burden of proof in the administrative appeal hearing.