Formal Hearing. A. The hearing shall be held within a reasonable period of time but not less than ten (10) calendar days after the filing of a request for hearing. B. If the worker does not request a hearing by the set date, disciplinary action may be taken in the worker's absence. C. The worker may be represented at the hearing by a representative of his or her choice. If the representative or any witnesses required are workers of the District, they shall be released from duty to testify or represent with no loss of pay or benefits. D. All formal hearings shall be conducted by an independent hearing officer pursuant to procedures established in the Board Policy and Administrative Regulation. The independent hearing officer shall be mutually agreed upon by parties from a list provided by California Mediation and Conciliation Services. Any decisions rendered by the hearing officer shall be advisory to the Board of Education. The Board of Education may adopt or modify the decision of the hearing officer as it deems appropriate. The hearing shall be conducted in closed session unless the unit member requests a public hearing. The Board or its designee may deliberate in the absence of the unit member and the District administration. The Board or designee may have its attorney, if any, present during deliberations. (2016) At such hearing, the unit member shall be entitled to appear personally and to be represented by a person of his/her choice to introduce relevant evidence on his/her behalf, to cross-examine witnesses, and to challenge evidence presented by the District. (2016) The Governing Board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive. (2016)
Appears in 3 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement