Termination Hearing Clause Samples
Termination Hearing. Prior to termination for misconduct, a hearing will be held. An ESP will be notified in writing that he/she is immediately suspended with pay and that a pre-termination hearing is scheduled. Following the hearing, the decision of the supervisor will be communicated to the ESP and the Human Resources Department. If termination is initiated, this decision will be communicated to the ESP by U.S. mail and a Personnel Action Form will be submitted to Human Resources Department. The ESP will be paid through the date of termination (which shall be no earlier than the day following the hearing) as specified in the letter. Dismissal can be appealed by filing a grievance directly at Level III within ten (10) days after receiving the decision.
Termination Hearing. If the unit member requests a termination hearing before the Governing Board, the following shall apply:
27.5.1 The hearing shall be held in closed session.
27.5.2 The Board shall have the option of conducting the hearing or appointing an impartial hearing officer. Any cost incurred by the appointment of a hearing officer shall be borne by the District.
27.5.3 Oral evidence shall be taken only upon oath.
27.5.4 Witnesses may be called and cross-examined.
27.5.5 Any relevant, material evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any statute which might make improper the admission of such evidence over objection in civil actions.
27.5.6 Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
27.5.7 At the conclusion of the hearing, the Board shall deliberate or review any findings submitted by the impartial hearing officer in private. The Board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive. The decision shall be transmitted in writing to the unit member.
Termination Hearing. (Level 4): Any employee who is recommended for discharge shall be entitled to a hearing with the Head of Human Resources (or their designee), their supervisor, the supervisor’s direct supervisor, and union representation within 72 hours, excluding weekends and holidays. The participants will be limited to those individuals only unless mutually agreed to.
Termination Hearing. If arbitration is desired, the matter shall proceed to the arbitration stage of the grievance procedure. In such arbitration, the employer shall have the burden of proof and the employee shall be allowed to continue his/her employment pending the decision of the arbitrator.
Termination Hearing. Contracted Provider has the right to request a hearing following receipt of a notice of termination, except when termination is based on: (a) nonrenewal of the contract; (b) a determination of fraud; (c) breach of contract by the Contracted Provider; or (d) the opinion of Health Plan’s medical director that the Contracted Provider represents an imminent danger to a patient or the public health, safety and welfare. Hearings for provider terminations shall be in accordance with