Tenure Hearing Due Process Clause Samples

Tenure Hearing Due Process. Recognizing that the grievance procedure of this Agreement may not be utilized beyond Step Three of the procedure to enforce this Article nor to dispute any action by the Board which is in accordance with state laws relating to tenure and renewal of teacher contracts, at any hearing now provided for by applicable law (i.e., non-renewal of a continuing tenure contract, or dismissal in mid-contract), the following procedures shall apply: 1. The School Corporation will supply the teacher the reasons in writing in sufficient time to prepare a defense. 2. The teacher may examine and copy any evaluation reports or other documents contained in the teacher's personnel file. 3. The School Corporation will advise the teacher of the names of witnesses for the School Corporation, at least five (5) calendar days prior to that hearing, except possible rebuttal witnesses; the teacher will advise the School Corporation of the names of witnesses to be called by the teacher at least three (3) calendar days prior to the hearing, except possible rebuttal witnesses. 4. The teacher may be represented by a third party or counsel. 5. The teacher may introduce evidence on the teacher's behalf and cross-examine the witnesses for the School Corporation. Any witness presenting testimony shall be sworn. 6. Either party may request that all witnesses be sworn or affirmed by their oath and such witnesses shall be then so sworn. 7. Either party may request that a transcript or recording be made of the hearing. The requesting party shall bear the initial expense of such transcript or recording and shall furnish the other party a true, accurate and complete copy of such transcript or recording at the other party's expense. 8. The Board's decision must be based solely upon the evidence and facts which are presented at the hearing. 9. The Board shall make written Findings of Fact and Conclusions of Law and supply a copy of said Findings and Conclusions of Fact to the teacher, the Association, and any individual representative of record of the teacher. 10. The decision of the Board shall not be found on an arbitrary, capricious or illegal basis.