Appeal - Permanent Worker Clause Samples

Appeal - Permanent Worker. (1) A permanent worker who has been suspended, demoted or given a final notice of discharge may appeal to the Board of Trustees within ten (10) work days after having been furnished with a copy of the written charges and the District's decision. A card or letter signed by the worker and given to the Assistant Superintendent for Human Resources shall constitute a demand for hearing and a denial of all charges. Failure to file a timely appeal constitutes a waiver of appeal rights. The hearing shall be held at the earliest convenient date, taking into consideration the schedule of the Board members and the availability of counsel and witnesses. The parties shall be notified of the time and place of the hearing within ten work days of the District’s receipt of the permanent workers appeal, unless mutually agreed upon otherwise in writing by the parties. In the event the worker has been suspended pending a Board hearing on his/her dismissal, the hearing on the suspension, if appealed, shall be consolidated with the dismissal hearing. (2) If a worker's suspension is overturned by the Board of Trustees, he/she shall be compensated for the entire period of suspension. If the suspension is modified, he/she shall be compensated for any part of the suspension that is rescinded. (3) A worker who requests a hearing before the Board of Trustees shall have the right to appear on his/her own behalf or with a representative of his/her choice. Hearings shall be held in closed session unless the worker requests an open hearing. The Board of Trustees may sustain, reject, or modify the recommended suspension, demotion or discharge. The Board of Trustees' determination shall be final. At any time before a worker’s appeal is submitted to the Board of Trustees for a decision, the District may serve on the employee and file with the Board of Trustees an amended or supplemental recommendation of disciplinary action.
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