Informal Xxxxxx Hearing a. If an employee requests an informal Xxxxxx hearing, such a hearing shall be scheduled as soon as administratively practicable. The purpose of the hearing shall be to provide the employee an opportunity to respond to the draft charges either verbally or in writing. The employee shall have the right to have a CSEA representative participate. The hearing officer shall be an impartial designee who was not a party to the investigation or drafting of the charges, does not have a stake in the outcome, and who is not in the same department or area as the employee, and who has the authority to amend or dismiss the charges.
Informal Xxxxxx Hearing. At the hearing the employee shall be advised of the basis for the disciplinary action, and shall be given the right to respond verbally or in writing to a person in authority to make the final decision regarding the proposed disciplinary action or to recommend what final decision should be made. If the employee’s response is heard by a person with authority to recommend, the employee’s response shall be fully and fairly communicated to the District authority who makes the decision regarding the proposed action. Within fourteen (14) calendar days after the employee’s case is heard, the employee shall be advised in writing of the District’s decision and its effective date. The only exceptions to this procedure are: 1) when sworn personnel receive a reprimand, for which the informal hearing represents the final level of review; or 2) when the District believes that the employee’s conduct creates a danger to the public, other employees, or the District, or when the employee may be suspended for less than two (2) workweeks. In these cases, a disciplinary suspension may begin before the employee receives a notice of intent and informal hearing. Decision: In cases involving demotion, suspension, and/or termination, notification of disciplinary action shall be as prescribed in Education Code Section 88016. Following the informal hearing described in Article 13.6, wWhen the employee is advised of the District’s decision and its effective date, the employee shall also be advised of his/her right to obtain a formal hearing before a review panel. If the employee desires such a hearing, the employee must submit a written request within seven (7) calendar days after receiving notification of the District’s decision. The employee’s request shall be submitted on a form provided by the District to the Office of Human Resources. The formal hearing may, but need not, occur prior to initial imposition of discipline. The burden of proof shall remain with the District. The determination that cause exists for discipline resides solely with the Board.
Informal Xxxxxx Hearing. 23.6.5.1 If an employee requests an informal Xxxxxx hearing, such a hearing shall be scheduled as soon as administratively practicable. The purpose of the hearing shall be to provide the employee an opportunity to respond to the draft charges either verbally or in writing. The employee shall have the right to have a CSEA representative participate. The hearing officer shall be a Chief Human Resources Officer, Associate or Deputy Superintendent provided that the administrator has not been involved in the development of the charges, is not the employee’s immediate supervisor, has been trained on how to conduct a Xxxxxx hearing and has the authority to recommend the charges be pursued, amended or dismissed.
