Formal Evidentiary Hearing Clause Samples

Formal Evidentiary Hearing. Advisory Arbitration: 18.4.5.1 The hearing shall be conducted by an impartial arbitrator. 18.4.5.2 The hearing shall be held within a reasonable period of time, but not less than five (5) workdays, (unless mutually agreed otherwise) after the filing of a request for a hearing. 18.4.5.3 If the employee does not request a hearing by the set day, disciplinary action may be taken without a hearing. 18.4.5.4 The employee may be represented at the hearing by a representative of his/her choice. 18.4.5.5 If the employee requests of CSEA that an arbitrator conduct the hearing, the following procedures will apply: A. Arbitration shall be at the discretion of CSEA. B. The District shall request a list of five (5) names of arbitrators from the California Mediation and Conciliation Service, which shall be provided to the District and CSEA. C. District and CSEA representatives shall strike names from the list until one name remains who shall be the arbitrator. D. The arbitrator shall provide an advisory opinion to the Governing Board and CSEA. The opinion shall include findings of fact and the rationale upon which it is based and may include that the charges be dismissed, upheld, amended and/or that the discipline be modified. E. Within two (2) weeks after receipt of the arbitrator's opinion, the Governing Board shall render a final decision. The Board cannot deny the employee further recourse through the courts. F. Cost of the arbitrator and court reporter, if any, shall be borne by CSEA if dismissal is recommended by the arbitrator. If dismissal is not recommended, the cost shall be borne by the District. Hearing Before the Governing Board: 18.4.5.6 If the employee requests a hearing before the Board, the following procedures will apply: A . The hearing will be held in either open or closed session, as determined by the employee. B . All costs associated with the hearing shall be borne by the District. 18.4.5.7 The employee and/or his/her CSEA representative shall have the right to personally appear and testify, to call favorable witnesses, and to cross- examine adverse witnesses.