Evidentiary Hearing. 1. In those cases where the proposed discipline is suspension, demotion or dismissal, the hearing shall be conducted before a hearing officer selected jointly by CSEA and the District. If the two parties fail to reach agreement on a hearing officer, the State Conciliation Service will be requested to supply a list of five (5) names. Each party will alternately strike from the list until only one name remains. The order of striking will be determined by lot. The District shall pay the expenses of the hearing officer. The hearing shall be scheduled within fourteen (14) days following receipt of the Notice of Defense from the employee. The hearing shall be held in executive session unless the employee requests an open hearing. Both the District and the employee shall be allowed to be represented by legal counsel or other designated representatives. 2. At the conclusion of the hearing, the hearing officer shall determine the relevancy, weight and credibility of testimony and evidence. If the hearing officer finds the charges have been proven, he/she may order the reprimand of the employee, a suspension without pay, a demotion, a reassignment or a dismissal. The hearing officer’s decision shall be announced in public session of the Board of Trustees. When the decision is against the employee, the hearing officer shall make specific written findings of fact and conclusions of law as to each charge. Thereafter, the order and findings shall be served upon the employee personally or by certified mail at his/her last address as shown in the record of the District. The hearing officer’s decision shall become final after completion of the above. The employee or his representative may obtain a copy of the transcript of the hearing upon written request.
Appears in 3 contracts
Sources: Master Contract, Master Contract, Master Contract