Common use of Hearing Procedure for Dismissal Clause in Contracts

Hearing Procedure for Dismissal. ‌ A. The affected employee shall have ten (10) calendar days from the date of receipt of notice (personal service or certified mail receipt) of dismissal to make a written request for a hearing. If the employee fails to respond within the ten (10) calendar days provided herein, this failure to request a hearing shall constitute acceptance of dismissal and waiver of any right to a hearing. Furthermore, a timely written request for a hearing within the above ten-calendar-day (10) period is deemed jurisdictional. B. Such formal hearing shall be held in accordance with, and in full compliance with, RCW 34.05.449. Provided, however, implementation shall always involve a hearing officer appointed by the District. C. Upon receipt of a request for a hearing from an affected faculty member, the President shall notify the Dismissal Review Committee and Board of Trustees and request that the Board appoint an impartial hearing officer. The hearing officer shall be a member in good standing of the Washington State Bar Association and shall not be an employee of the State of Washington Attorney General's Office or an employee or Board of Trustees member of any Washington community college. The Association shall be consulted prior to the appointment of the hearing officer but final selection shall rest with the Board. D. Consideration by the Dismissal Review Committee: 1. The designated hearing officer shall conduct a formal hearing pursuant to RCW 34.05.449 as now or hereafter amended. The Dismissal Review Committee shall attend all evidentiary hearings and at the discretion of the hearing officer shall examine any witness called. 2. The hearing officer shall make proposed findings of fact. The hearing officer shall transmit the record, including the proposed findings of fact, to the Board of Trustees within thirty (30) days of the conclusion of the hearing. 3. The Dismissal Review Committee, based upon evidence presented at the hearing, shall simultaneously, within the same (30 days), transmit a written majority recommendation including any minority opinions through the President’s Office to the Board of Trustees. 4. The Board of Trustees shall adopt findings of fact and shall render a decision based upon the record. In rendering such decision, the Board shall give careful consideration to the recommendations of the Dismissal Review Committee.