Hearing Before the Superintendent Clause Samples
The "Hearing Before the Superintendent" clause establishes a formal process for disputes or appeals to be presented and reviewed by the Superintendent. Typically, this clause outlines the procedures for requesting a hearing, the rights of the parties involved, and the manner in which evidence and arguments are to be submitted. For example, it may specify timelines for filing a request or detail how the Superintendent will render a decision. The core function of this clause is to provide a structured and impartial forum for resolving disagreements, ensuring that parties have an opportunity to be heard and that decisions are made transparently and fairly.
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Hearing Before the Superintendent. The purpose of the superintendent’s hearing will be to determine whether the school system’s policy on harassment, including sexual harassment, has been violated, and, if so, the superintendent will recommend appropriate consequences for the violation. Both parties will be given a full and fair hearing. The proceeding, although formal, is not a court proceeding and the superintendent will not be bound by the procedures and rules of evidence of a court of law. In most instances, complainants and respondents will be expected to speak for themselves, although, if desired, an advocate(s) and/or legal counsel may accompany each party. The superintendent will act as the presiding officer of the hearing and may have counsel present for purposes of assisting in the orderly conduct of the hearing. The complainant and the respondent will be asked to clarify the issues and to define the areas of disagreement. To encourage a fair and focused hearing, the parties will notify the superintendent at the start of the proceedings about the points of agreement and disagreement. The superintendent will hear testimony and consider whether the school committee policy on harassment has been violated, and, if he or she so finds, will recommend appropriate consequences. The superintendent will: • ensure an orderly presentation of all evidence. • ensure that the proceedings are accurately recorded by means of a tape or stenographic recording. • issue a fair and impartial decision based on the issues and evidence presented at the hearing no later than ten (10) working days after the conclusion of the hearing or, when written arguments are submitted ten (10) working days after their submission. After all the evidence and the testimony are presented, the superintendent (or the school committee in the case of a charge against the superintendent) will deliberate to determine whether the school system’s policy on harassment has been violated. If the superintendent/school committee finds that the policy has not been violated that fact will be registered in the records of the hearing, and the written decision will be forwarded to the complainant and the respondent no later than fifteen (15) working days after the completion of the hearing. If the superintendent/school committee finds that the school system’s policy on sexual harassment has been violated, the hearing officer will prepare findings and will recommend a penalty for the respondent and relief for the complainant. The findings of...
Hearing Before the Superintendent. 14.8.1 If the unit member served with a recommendation for disciplinary action files a timely request for hearing, the Superintendent may conduct such hearing himself/herself or may appoint a designee to conduct such a hearing.
(a) Such designee may include, but is not limited to, a hearing officer (e.g., an Administrative Law Judge obtained through the Office of Administrative Hearings).
(b) Any decisions rendered by such a designee shall be advisory to the Superintendent.
14.8.2 If a unit member requests a hearing and subsequently fails to appear at such hearing, the unit member shall be deemed to have waived any right to participate or be represented at the hearing and action may be taken without further notice to the unit member, based upon the recommendation for disciplinary action previously served upon the unit member.
14.8.3 In the event that a unit member will not be able to attend his/her hearing, the unit member must request that the Superintendent reschedule the hearing on the basis of “good cause.”
14.8.4 The hearing shall be conducted in closed session unless the unit member requests a public hearing. The Superintendent or his/her designee may deliberate in the absence of the unit member and the County Office administration.
14.8.5 At such hearing, the unit member shall be entitled to appear personally, 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 County Office.
14.8.6 The Superintendent’s determination of the sufficiency of the cause for disciplinary action shall be conclusive.
Hearing Before the Superintendent. Within ten (10) school days after receipt of the appeal, the Superintendent, or his/her duly authorized representative, shall hold a hearing with the administrator, his representative and all other parties in interest.