Common use of TENURED ADMINISTRATORS Clause in Contracts

TENURED ADMINISTRATORS. 12.4.1 Where a tenured administrator in the bargaining unit is charged upon grounds set forth in Education Law 3012 as amended from time to time for removal or discipline and probable cause is found by the Board of Education pursuant to Education Law 3020-a, as amended from time to time, the Board shall also set forth in writing the penalty the Board would render in the event of waiver of a hearing as hereinafter set forth. 12.4.2 If the tenured administrator fails to request a hearing as set forth in 12.4.3., such failure shall constitute a waiver of the right to any hearing and shall further constitute agreement by the tenured administrator of the charges and such penalty. 12.4.3 Where the tenured administrator elects to have a hearing, then and in that event, a hearing before a sole arbitrator in accordance with the rules of the American Arbitration Association will apply. The District shall pay the arbitrator's billing and American Arbitration Association charges. If the tenured administrator elects to have a hearing then the hearing shall proceed on the basis of the charges; however, the recommended penalty of the Board will not be divulged to the arbitrator. 12.4.4 If the tenured administrator is suspended, such suspension shall be with or without pay in accordance with the law in effect at the time of suspension. If the tenured administrator disagrees with the question of pay, then the tenured administrator can appeal such question to the Commissioner and thereafter by appropriate judicial review. 12.4.5 The arbitrator is authorized to (i) find that there is no just cause for action against the tenured administrator and direct that there be taken from the tenure administrator's file all reference to this matter; (ii) find that there is just cause for taking action against the tenured administrator and, in such event, the arbitrator may direct a penalty that he considers appropriate, which may be different than those specified in Education Law Section 3020-a. 12.4.6 The tenured administrator waives all rights to proceed in any other forum, except as set forth in paragraph 12.4.4 and paragraph 12.4.7 of this Article. 12.4.7 The findings and penalty arrived at by the arbitrator shall be final and binding on all parties and no review of the arbitrator's decision will be undertaken before the Commissioner of Education or the courts, except as provided in Article 75 of the Civil Practice Law and Rules (unless the Article 75 provisions are waived by mutual consent in writing of the parties).

TENURED ADMINISTRATORS. 12.4.1 A. Where a tenured administrator in the bargaining unit is charged upon grounds set forth in Education Law 3012 as amended from time to time for removal or discipline and probable cause is found by the Board of Education pursuant to Education Law 3020-a, as amended from time to time, the Board shall also set forth in writing the penalty the Board would render in the event of waiver of a hearing as hereinafter set forth. 12.4.2 B. If the tenured administrator fails to request a hearing as set forth in 12.4.3., such failure shall constitute a waiver of the right to any hearing and shall further constitute agreement by the tenured administrator of the charges and such penalty. 12.4.3 C. Where the tenured administrator elects to have a hearing, then and in that event, a hearing before a sole arbitrator in accordance with the rules of the American Arbitration Association will apply. The District shall pay the arbitrator's billing and American Arbitration Association charges. If the tenured administrator elects to have a hearing then the hearing shall proceed on the basis of the charges; however, the recommended penalty of the Board will not be divulged to the arbitrator. 12.4.4 D. If the tenured administrator is suspended, such suspension shall be with or without pay in accordance with the law in effect at the time of suspension. If the tenured administrator disagrees with the question of pay, then the tenured administrator can appeal such question to the Commissioner and thereafter by appropriate judicial review. 12.4.5 E. The arbitrator is authorized to (i) find that there is no just cause for action against the tenured administrator and direct that there be taken from the tenure administrator's file all reference to this matter; (ii) find that there is just cause for taking action against the tenured administrator and, in such event, the arbitrator may direct a penalty that he considers appropriate, which may be different than those specified in Education Law Section 3020-a. 12.4.6 ▇. The tenured administrator waives all rights to proceed in any other forum, except as set forth in paragraph 12.4.4 and paragraph 12.4.7 of this Article. 12.4.7 G. The findings and penalty arrived at by the arbitrator shall be final and binding on all parties and no review of the arbitrator's decision will be undertaken before the Commissioner of Education or the courts, except as provided in Article 75 of the Civil Practice Law and Rules (unless the Article 75 provisions are waived by mutual consent in writing of the parties).