Common use of Hearing Procedures Clause in Contracts

Hearing Procedures. (a) Charges against the Superintendent may only be brought by the Board and all such charges shall be in writing. The Superintendent shall be entitled to a fair hearing on said charges, upon at least thirty (30) days’ notice, before an independent hearing officer who shall be an attorney at law. The hearing shall be in executive or public session, at the option of the Superintendent. The hearing officer may be selected by mutual agreement between the Superintendent and the Board or, in the event no such agreement is reached within fifteen (15) days after the Superintendent's receipt of the written charges, a request shall be made to the American Arbitration Association, by either party for a list of Arbitrators from which a hearing officer shall be selected in accordance with the procedures of the American Arbitration Association. (b) The Superintendent shall be entitled to due process protection at such hearing, including but not limited to the right to elect a public or private hearing; to be represented by counsel, to present, cross-examine and subpoena witnesses, to subpoena documents, papers, letters or other tangible evidence, to have all testimony given under oath, to receive without cost an accurate written transcript of the proceedings; and to receive written findings of fact and conclusions of law. The hearing officer’s decision shall be final and binding upon the parties, subject to their respective rights to appeal in accordance with any applicable law. The District, at its expense, shall provide a certified court reporter who will transcribe all proceedings. (c) The hearing officer shall, upon the conclusion of the hearing, prepare and submit a written decision, which decision shall include findings of fact and a disposition of each charge. Both the Board and Superintendent shall be bound by the decision of the hearing officer. Both parties shall, however, retain their right to appeal the decision of the hearing officer to any forum with jurisdiction (d) If none of the charges against the Superintendent are sustained at such hearing or after any appeal therefrom, the Board shall reimburse the Superintendent for her costs and attorney’s fees incurred in defense of the hearing or appeal therefore.

Hearing Procedures. (a) Charges against the Superintendent may only 11.1 No employee shall be brought disciplined without first being afforded a hearing by the Board and all such charges shall be in writing. The Superintendent shall be entitled to a fair hearing on said charges, upon at least thirty (30) days’ notice, before an independent hearing officer who shall be an attorney at law. The hearing shall be in executive or public session, at the option of the Superintendent. The hearing officer may be selected by mutual agreement between the Superintendent and the Board or, in the event no such agreement is reached within fifteen (15) days after the Superintendent's receipt of the written charges, a request shall be made to the American Arbitration Association, by either party for a list of Arbitrators from which a hearing officer shall be selected Fire Chief in accordance with the procedures provisions set forth herein unless such hearing is waived by the employee. 11.2 Charges against an employee shall be given or mailed to him within sixty (60) calendar days of the American Arbitration Associationoccurrence or knowledge of the occurrence, whichever is later. The employee shall be provided with two copies of all written charges. Within three (3) calendar days of mailing or delivery of charges to an employee, the Union shall be notified, in writing that the employee has been charged in a disciplinary matter, but said notice shall not state the nature of the charge or provide any other particulars or details of the charge. In the case of criminal complaints that are the subject of felony investigations, charges against an employee shall be given or mailed to him within sixty (60) calendar days of the conclusion of the criminal investigation or the final resolution at court proceedings, whichever is later; the aforementioned time limits shall govern in situations in which a felony investigation is reduced to a misdemeanor investigation, charge or plea. (b) The Superintendent 11.3 Employees who have been charged with a violation of the Departmental Rules and Regulations and/or a Union officer who presents written authorization from the employee shall, upon request, be provided the opportunity to inspect and copy transcripts, recordings, written statements and any other relevant material as a condition to its use at a hearing on such charges, provided that an appointment shall be entitled made in advance to due process protection do such inspection and copying at a reasonable time and place, and the employee or Union pays any reasonable copying costs of same. An appointment to do such hearinginspection and copying shall be scheduled within one (1) week of the request by the employee or Union, including but unless the hearing is scheduled within that week and the requesting party could not limited to with the exercise of reasonable care have made his or its request earlier, in which event the appointment will be scheduled within three (3) calendar days. 11.4 A hearing on the charges shall be held at a mutually agreeable time and place not less than seven (7) or more than fourteen (14) calendar days after the charges have been served on the employee. A written request for continuance by the employee, Union or employer shall be granted for fourteen (14) calendar days. 11.5 An employee may be represented by counsel who shall have the right to elect cross- examine all witnesses. The Union reserves the right to have a public Union Officer or private hearing; to be Shift ▇▇▇▇▇▇▇ present in hearings where the employee is represented by counsel but in those instances the union representative shall not cross-examine witnesses. In the event that the charged employee is not represented by counsel, he shall have the right to present, have one (1) representative of his choosing with him during the hearing in addition to or in substitution for counsel and either the employee or his representative but not both shall have the right to cross-examine and subpoena all witnesses. An employee who is called in off duty in connection with an investigation shall paid straight time at their customary hourly rate for his time spent in said hearing. 11.6 In the event that the charged employee does not request a Union Officer or Shift ▇▇▇▇▇▇▇ to represent him, to subpoena documents, papers, letters or other tangible evidence, the Union reserves the right to have all testimony given under oathan Union Officer or ▇▇▇▇▇▇▇ present during the hearing as a witness to the proceedings. If there is no on-duty Union Officer or ▇▇▇▇▇▇▇ for the Hearing, a Union Officer or ▇▇▇▇▇▇▇ who is off duty may be called in as a witness to receive without cost an accurate written transcript the proceedings and shall be paid straight time at their customary hourly rate for his time spent as a witness to the Hearing. 11.7 The Fire Chief shall hear the evidence and endeavor to ascertain the truth of the proceedings; charges. 11.8 The Fire Chief shall render a decision within five (5) business days of the close of the hearing based upon the evidence rendered at the hearing. 11.9 An employee may resign at any time prior to a final decision of the Fire Chief and to receive written findings his personnel file shall show voluntary resignation. 11.10 Appeal of fact and conclusions of law. The hearing officerthe Fire Chief’s decision shall be final and binding upon submitted in the parties, subject to their respective rights to appeal in accordance with any applicable law. The District, form of a grievance at its expense, shall provide a certified court reporter who will transcribe all proceedings. (c) The hearing officer shall, upon the conclusion Step 3 level of the hearing, prepare and submit a written decision, which decision shall include findings of fact and a disposition of each charge. Both the Board and Superintendent shall be bound by the decision Grievance Procedure within ten (10) calendar days of the hearing officer. Both parties shall, however, retain their right notification to appeal the decision employee and Union of the hearing officer to any forum with jurisdiction (d) If none of the charges against the Superintendent are sustained at such hearing or after any appeal therefrom, the Board shall reimburse the Superintendent for her costs and attorneyFire Chief’s fees incurred in defense of the hearing or appeal thereforedecision.

Hearing Procedures. 19.12.1 All hearings shall be heard by a hearing officer from Exhibit “A” except in those cases where the Board determines to hear the matter itself. A list of mutually agreeable hearing officers is attached as Exhibit “A.” The District shall pay all hearing officer costs and fees. 19.12.2 The hearing shall be held at the earliest date possible with the first hearing officer at the top of the list from Exhibit “A”, taking into consideration the availability of counsel and witnesses; provided, however, that no hearing shall be held less than five (a5) Charges against nor more than thirty (30) calendar days after the Superintendent request for hearing has been made. If the hearing officer at the top of the list is not available within the next thirty (30) calendar days, then the next hearing officer on the list shall be contacted to determine whether he or she is available in the next thirty (30) days. The hearing officers shall be contacted in listed order until a hearing officer can be scheduled within the thirty (30) calendar days. The parties shall be provided written notification of the time and place of the hearing. Once a hearing officer has been selected from the top of the list from Exhibit “A” his/her name shall be moved to the bottom of the list. 19.12.3 At any time before a Disciplinary Action has been submitted to the Board or to a hearing officer for decision, the district may, with the consent of the Board or hearing officer, serve upon the employee an amended or supplemental Notice of Disciplinary Action. 19.12.4 If the amended or supplemental Notice of Disciplinary Action presents new causes or allegations, the employee shall be afforded a reasonable time to prepare his/her defense. Any new causes or allegations shall be deemed controverted and any objections to the amended or supplemental causes or allegations may be made orally at the hearing and shall be noted on the record. 19.12.5 Employees shall be entitled to appear personally, produce evidence, have counsel at his or her own expense, testify under oath, compel the attendance of other employees to testify at the hearing, cross-examine witnesses and argue his/her case. The procedure entitled “Administrative Adjudication,” commencing with Government Code § 11500, shall not apply to any such hearing before a hearing officer or the Governing Board. Neither the Board nor the hearing officer shall be bound by rules of evidence used in California Courts, however, the evidence relied upon should be reliable. The rules of privileges and of official or judicial notice shall be effective to the same extent as in civil actions. Irrelevant and repetitious evidence shall be excluded. Oral evidence shall be taken only be brought under oath or affirmation. Informality in any such hearing shall not invalidate any order or decision made or approved by the Board hearing officer or the Board. 19.12.5.1 The hearing officer may, at its discretion, exclude witnesses not under examination, except the employee and the District representatives and their respective counsel. When hearing testimony on conduct which may bring disrepute to persons other than the accused employee, all persons not having a direct interest in the hearing may be excluded. 19.12.6 The dismissal hearing may be recorded by audio tape or other means at the request of either party. If the employee requests a stenographic record he/she must provide at least three (3) days advance written notice before the day set for the hearing and pay the costs for such charges reporting or recording. Transcripts of the hearing shall be in writingfurnished to any person upon payment of the cost of preparing such transcript. 19.12.7 The hearing officer may grant a continuance of any hearing upon such terms and conditions as he/she may deem proper. The Superintendent Any request for a continuance made less than 48 hours prior to the time set for the hearing will be denied unless good cause is shown for the continuance. 19.12.8 When the Board is hearing the matter, the employee shall be entitled to a fair public hearing on said chargesif he/she requests it in a timely manner. In any case in which the Board hears the matter, upon at least thirty (30) days’ notice, before an independent the Board may use the services of its counsel or a hearing officer who in ruling upon procedural questions, objections to evidence, and issues of law. If the matter is heard by the Board, the Board may affirm, modify or reject the recommended disciplinary action. 19.12.9 If the matter is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the Board, in accordance with subsection (j) below, as the decision in the case. In arriving at a decision or a proposed decision on the propriety of the proposed disciplinary action, the Board or the hearing officer may consider the records of any prior disciplinary proceedings against the employee in which a disciplinary action was ultimately sustained and any records of the employee’s personnel file which were introduced into evidence at the hearing. A copy of the proposed decision shall be an attorney at law. received and filed with the Governing Board of Education and furnished to each party within twenty (20) working days after the close of hearing. 19.12.10 Upon receipt of the proposed decision from the hearing officer the Board may: a. Adopt the proposed decision in its entirety; b. Adopt the proposed decision in part, thereby rejecting other parts; c. Modify the proposed disciplinary action and/or proposed decision; or d. Reject the proposed decision in its entirely. 19.12.11 The hearing decision of the Governing Board shall be in executive or public session, at the option of the Superintendent. The hearing officer may be selected by mutual agreement between the Superintendent writing and the Board or, in the event no such agreement is reached within fifteen (15) days after the Superintendent's receipt of the written charges, a request shall be made to the American Arbitration Association, by either party for a list of Arbitrators from which a hearing officer shall be selected in accordance with the procedures of the American Arbitration Association. (b) The Superintendent shall be entitled to due process protection at such hearing, including but not limited to the right to elect a public or private hearing; to be represented by counsel, to present, cross-examine and subpoena witnesses, to subpoena documents, papers, letters or other tangible evidence, to have all testimony given under oath, to receive without cost an accurate written transcript of the proceedings; and to receive written contain findings of fact and conclusions of lawthe disciplinary action, if any. The If fully adopted, the hearing officer’s findings will serve as the Board’s findings. The findings may reiterate, and/or make reference to, the language of the recommendation for disciplinary action in which case they will be incorporated by reference. A copy of the decision shall be final and binding upon delivered to the partiesclassified permanent employee and/or his designated representative personally or by registered mail or certified mail, subject to their respective rights to appeal in accordance return receipt requested, at the employee’s last known address on file with any applicable lawthe District. 19.12.12 The Governing Board’s determination of the sufficiency of the cause for disciplinary action shall be conclusive. The District, at its expense, shall provide a certified court reporter who will transcribe all proceedings. (c) The hearing officer shall, upon the conclusion of the hearing, prepare and submit a written decision, which decision shall include findings of fact and a disposition of each charge. Both the Board and Superintendent shall be bound by the decision of the hearing officer. Both parties shall, however, retain their right to appeal the decision of the hearing officer to any forum with jurisdiction (d) If none of the charges against the Superintendent are sustained at such hearing or after any appeal therefrom, the Governing Board shall reimburse the Superintendent for her costs and attorney’s fees incurred in defense of the hearing or appeal thereforebe final. Education Code section 45113.

Hearing Procedures. (a) a. Charges against the Superintendent may only be brought by the Board and all such charges shall be in writing. The Superintendent shall be entitled to a fair hearing on said charges, upon at least thirty (30) days’ days notice, before an independent hearing officer who shall be an attorney at law. The hearing shall be in executive or public session, at the option of the Superintendent. The hearing officer may be selected by mutual agreement between the Superintendent and the Board or, in the event no such agreement is reached within fifteen (15) days after the Superintendent's receipt of the written charges, a request shall be made to the American Arbitration Association, by either party for a list of Arbitrators from which a hearing officer shall be selected in accordance with the procedures of the American Arbitration AssociationArbitrators. (b) b. The Superintendent shall be entitled to due process protection at such hearing, including but not limited to the right to elect a public or private hearing; to be represented by counsel, to present, cross-examine and subpoena witnesses, to subpoena documents, papers, letters or other tangible evidence, to have all testimony given under oath, to receive without cost an accurate written transcript of the proceedings; and to receive written findings of fact and conclusions of law. The hearing officer’s decision shall be final and binding upon the parties, subject to their respective rights to appeal in accordance with any applicable law. The District, at its expense, shall provide a certified shorthand or court reporter who will transcribe all proceedings. c. Any criticisms or complaints which have not been previously forwarded to the Superintendent in accordance with the provisions of Article II, paragraph "8" of this Agreement shall not be admissible at such a hearing against the Superintendent. No charge shall be brought more than eighteen (c18) months after the occurrence of the alleged act except when the charge is of misconduct constituting a crime when committed. The hearing officer shall strike from the written charge or charges any such charge made against the Superintendent. d. The hearing officer shall, upon the conclusion of the hearing, prepare and submit a written decision, which decision shall include findings of fact and a disposition of each charge. Both the Board and Superintendent shall be bound by the decision of the hearing officer. Both parties shall, however, retain their right to appeal the decision of the hearing officer to any forum with jurisdiction (d) If none of the charges against the Superintendent are sustained at such hearing or after any appeal therefrom, the Board shall reimburse the Superintendent for her costs and attorney’s fees incurred in defense of the hearing or appeal therefore.

Hearing Procedures. (aA) Charges against the Superintendent may only be brought by the Board Board, and all such charges shall be in writing. The Superintendent shall be entitled to a fair hearing on said charges, upon at least thirty fifteen (3015) days’ days notice, before an independent hearing officer who shall be an attorney at law. The hearing shall be in executive or public session, at the option of the Superintendentofficer. The hearing officer may shall be selected by mutual agreement between the Superintendent and the Board or, or in the event no such agreement is reached within fifteen (15) days after the Superintendent's ’s receipt of the written charges, a request shall be made to the American Arbitration Association, by either party for a list of Arbitrators from which a hearing officer shall be selected appointment in accordance with the procedures following procedures: (1) each party will submit to the District Clerk a list of the American Arbitration Associationnames and addresses of five persons who are acceptable and willing to serve as such hearing officer. (b2) within two days from receipt, the District Clerk shall compare the lists to see if the name of any individual appears on both lists. If so, the first such name to appear on the list submitted by the Superintendent shall serve as the hearing officer. (3) in the event no individual is named on both lists, the District Clerk shall immediately advise both parties. Within two (2) days from the date of such notification, the parties will submit to the District Clerk a further list of the names and addresses of five (5) different individuals who are acceptable and willing to serve as such hearing officer. (4) within two (2) days from receipt, the District Clerk shall compare the prior and current lists of both parties to see if the names of any individuals appears on the lists of both parties. If so, the first such name to appear on the list submitted by the Superintendent shall serve as hearing officer. In the event that the expanded lists do not contain the name of any mutually identified individual, the District Clerk shall select three (3) qualified attorneys at law who maintain offices within a fifty (50) mile radius of the District and who are willing to serve as a hearing officer. The District Clerk shall submit the names to the representatives of the Board and the Superintendent and the parties shall, by the alternating strike-off procedure, select the hearing officer. (B) The Superintendent may be suspended with pay from the performance of his duties during the pendency of such hearing. He shall be entitled to due process protection at such hearing, including but not limited to the right to elect a public or private hearing; to be represented to, representation by counselcounsel at his own expense, to present, cross-examine cross examine, and subpoena witnesses, to subpoena documents, paperspaper, letters or other tangible evidence, to have all testimony given under oathother, to receive without cost an accurate written transcript of the proceedings; proceeding, and to receive written findings of fact and conclusions recommendations from the hearing officer. Unless the parties mutually agree, the hearing shall be private. (C) Upon completion of lawthe hearing and based upon the evidence contained in the record of the proceeding, the Hearing Officer shall forward written findings and recommendations to the Board and Superintendent. The Board shall review such written findings and recommendations of the Hearing Officer together with the record of the hearing officer’s and make its determination in writing. The decision of the Board shall be final and binding and subject to review by a court of competent jurisdiction only upon the parties, subject to their respective rights to appeal in accordance with any applicable law. The District, at its expense, shall provide a certified court reporter who will transcribe all proceedingsground that said decision is arbitrary or capricious. (c) The hearing officer shall, upon the conclusion of the hearing, prepare and submit a written decision, which decision shall include findings of fact and a disposition of each charge. Both the Board and Superintendent shall be bound by the decision of the hearing officer. Both parties shall, however, retain their right to appeal the decision of the hearing officer to any forum with jurisdiction (d) If none of the charges against the Superintendent are sustained at such hearing or after any appeal therefrom, the Board shall reimburse the Superintendent for her costs and attorney’s fees incurred in defense of the hearing or appeal therefore.

Hearing Procedures. (a) Charges against The SUPERINTENDENT shall not be discharged, suspended, nor in any way disciplined, nor shall be terminated, without just cause and only for alleged acts of material breach of this Agreement, immoral character, incompetency, neglect of duty, misconduct, or disability from performance of his duties according to the Superintendent may evidentiary standard hereinafter set forth and only be brought by following a fair hearing before an impartial hearing officer. In the event a member or members of the Board and all such seek to terminate this contract they shall be required to prepare, as hereinafter more particularly described, a detailed statement of charges. Prior to institution of the due process procedure hereinafter described, the said charges shall be reviewed by the entire Board in writinga probable cause hearing to be held within five (5) days of the date of the filing of said charges with the District Clerk. The Superintendent BOARD shall be entitled required to a fair hearing on review said charges in Executive Session and to determine the sufficiency of evidence respecting said charges. The BOARD shall vote by roll call on all charges and specifications as to whether probable cause exists. In the event the charges are found to contain sufficient probable cause, upon at least thirty (30) days’ noticethen, before an independent hearing officer who and only then, the following procedures shall be an attorney at lawinstituted: 1. The hearing the SUPERINTENDENT shall be in executive or public sessionserved personally with a particularized written statement of said charges against him, at the option of the Superintendent. The hearing officer as soon as may be selected by mutual agreement between the Superintendent and the Board or, in the event no such agreement is reached within fifteen (15) days after the Superintendent's receipt of the written charges, a request shall be made to the American Arbitration Association, by either party for a list of Arbitrators from which a practicable. 2. an impartial hearing officer shall be selected in accordance with the manner prescribed for the selection of a hearing officer pursuant to the procedures established by National Arbitration and Mediation, ▇▇▇▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇, ▇▇▇ ▇▇▇▇. Utilization of said procedure of the American Arbitration Associationselection of a hearing officer shall not be deemed to constitute an agreement between the parties that the hearing procedures herein contained constitute an “arbitration” proceeding or for any purpose other than such selection. It is the intent of the parties to provide an effective due process proceeding and to permit either party to appeal from any and all aspects of said proceeding and from the decision of the hearing officer pursuant to Section 310 of the Education Law or Article 78 of the Civil Practice Law and Rules. (b) 3. the SUPERINTENDENT and the BOARD shall have the right to seek discovery with respect to the charges and defenses which may be asserted, by appropriate discovery procedures as authorized by the Civil Practice Law and Rules of the State of New York, or upon the order of the hearing officer. The Superintendent shall be entitled to due process protection at such hearing, including but not limited to have the right to elect select a public or private hearing; the right to a minimum of thirty (30) days between the service of said charges following probable cause determination and the commencement of any hearing hereunder; the right to be represented by counsel, to present, cross-examine and subpoena witnesses, to subpoena documents, papers, letters or other tangible evidence, counsel at all stages of said proceeding; the right to have all testimony given taken under oathoath and the right to present witnesses on his own behalf; the right to question real and tangible evidence in the form of documents, papers and of such evidence; the right to receive without cost an accurate written transcript daily transcription of each day of proceedings as recorded by a certified court stenographer; the right to have access to all District-employed witnesses, documents, papers and of real and tangible evidence in the possession of the proceedings; District. 4. the BOARD shall have the burden of proof and the burden of proceeding with regard to receive written the above described charges and hearing, and shall be required to prove said charges by a preponderance of the evidence. (Any charge premised upon a complaint against the SUPERINTENDENT made by the BOARD or another party which has not been previously forwarded in writing to the SUPERINTENDENT in accordance with the provisions of this agreement shall not be admissible at any hearing regarding said charges against the SUPERINTENDENT.) 5. the Superintendent shall be paid his regular salary and granted all fringe benefits during the pendency of the proceeding herein described and until the final decision of the Board after its review of said hearing officer recommendation. Except in the case of an act of moral turpitude, he shall not be suspended from the performance of his duties. 6. the decision of the hearing officer shall contain express findings of fact based solely on the record before the said hearing officer and shall contain conclusions of law. The law as well as the hearing officer’s decision determination as to guilt or innocence on each of the charges and/or specifications thereto. The determination of the hearing officer shall be final and binding upon the parties, subject to their respective rights to right of appeal as set forth in accordance with any applicable law. The District, at its expense, shall provide a certified court reporter who will transcribe all proceedingssubsection (b) above. (c) The hearing officer shall, upon the conclusion of the hearing, prepare and submit a written decision, which decision shall include findings of fact and a disposition of each charge. Both the Board and Superintendent shall be bound by the decision of the hearing officer. Both parties shall, however, retain their right to appeal the decision of the hearing officer to any forum with jurisdiction (d) If none of the charges against the Superintendent are sustained at such hearing or after any appeal therefrom, the Board shall reimburse the Superintendent for her costs and attorney’s fees incurred in defense of the hearing or appeal therefore.

Hearing Procedures. (a) Charges against seeking to terminate this agreement and the employment of the Superintendent may only be brought by the Board and all such charges shall be in writing. The Superintendent shall be entitled to a fair hearing on said charges, upon at least thirty (30) days’ days notice, before an independent hearing officer who shall be an attorney at law. The hearing shall be in executive or public session, at the written option of the Superintendent. The hearing officer may be selected by mutual agreement between the Superintendent and the Board or, in the event no such agreement is reached within fifteen (15) days after the Superintendent's ’s receipt of the written charges, a request shall be made to the American Arbitration Association, by either party for a list of Arbitrators from which a hearing officer shall be selected in accordance with the procedures of the American Arbitration AssociationArbitrators. (b) The Superintendent shall be entitled to due process protection at such hearing, including but not limited to the right to elect a public or private hearing; to be represented by counsel, to present, cross-examine and subpoena witnesses, to subpoena documents, papers, letters or other tangible evidence, to have all testimony given under oath, to receive without cost an accurate written transcript of the proceedings; and to receive written findings of fact and conclusions of law. The hearing officer’s decision shall be final and binding upon the parties, subject to their respective rights to appeal in accordance with any applicable law. The District, at its expense, shall provide a certified court reporter stenographer who will transcribe all proceedingsproceedings and the District shall pay the cost of the hearing officer. (c) Any criticisms or complaints which have not been previously forwarded to the Superintendent in accordance with the provisions of Article IV, paragraph “4” of this Agreement or charges based upon any allegation which was made known in writing to the Superintendent by the Board more than two (2) years before the charge is filed, shall not be admissible at such a hearing against the Superintendent. The hearing officer shall strike from the written charge or charges any such charge made against the Superintendent. (d) The hearing officer shall, upon the conclusion of the hearing, prepare and submit a written decision, which decision shall include findings of fact and a disposition of each charge. Both the Board and Superintendent shall be bound by the decision of the hearing officer. Both parties shall, however, retain their right to appeal the decision of the hearing officer to any forum with jurisdiction. (de) If none of the charges against the Superintendent are sustained at such hearing or after any appeal therefromthere from, the Board shall reimburse the Superintendent for her his costs and attorney’s fees incurred in defense of the hearing or appeal therefore.

Hearing Procedures. (a) Charges against 19.12.1 All hearings shall be heard by a hearing officer from the Superintendent may only be brought California State Mediation and Conciliation Services, except in those cases where the Board determines to hear the matter itself. The District shall pay all hearing officer costs and fees. The employee’s representative and the representative from the Office of Employee Relations shall alternatively strike names from the list provided by the Board State Mediation and all such charges Conciliation Services until one name remains. 19.12.2 The hearing shall be in writingheld at the earliest date possible, taking into consideration the availability of counsel and witnesses; provided, however, that no hearing shall be held less than five (5) nor more than thirty (30) calendar days. The Superintendent hearing officers shall be contacted and advised it is the preference of the parties to schedule a hearing within thirty (30) calendar days. The parties shall be provided written notification of the time and place of hearing. 19.12.3 At any time before Disciplinary Action has been submitted to the Board or to a hearing officer for decision, the District may, with the consent of the Board or hearing officer, serve upon the employee an amended or supplemental Notice of Disciplinary Action. If the amended or supplemental Notice of Disciplinary Action presents new causes or allegations, the employee shall be afforded a reasonable time to prepare his/her defense. Any new causes or allegations shall be deemed controverted and any objections to the amended or supplemental causes or allegations may be made orally at the hearing and shall be noted on the record. 19.12.4 Employees shall be entitled to appear personally, produce evidence, have counsel at his or her own expense, testify under oath, compel the attendance of other employees to testify at the hearing, cross-examine witnesses and argue his/her case. The procedure entitled “Administrative Adjudication,” commencing with Government Code section 11500, shall not apply to any such hearing before a hearing officer or the Governing Board. Neither the Board nor the hearing officer shall be bound by rules of evidence used in California Courts, however, the evidence relied upon should be reliable. The rules of privileges and/or official or judicial notice shall be effective to the same extent as in civil actions. Irrelevant and repetitious evidence shall be excluded. Oral evidence shall be taken only under oath or affirmation. Informality in any such hearing shall not invalidate any order or decision made or approved by the hearing officer or the board. 19.12.4.1 The hearing officer may, at its discretion, exclude witnesses not under examination, except the employee and the District representatives and their respective counsel. When hearing testimony on conduct which may bring disrepute to persons other than the accused employee, all persons not having a direct interest in the hearing may be excluded. 19.12.5 The dismissal hearing may be recorded by audiotape or other means at the request of either party. If the employee requests a stenographic record he/she must provide at least three (3) days advance written notice before the day set for the hearing and pay the costs for such reporting or recording. Transcripts of the hearing shall be furnished to any person upon payment of the cost of preparing such transcript. 19.12.6 The hearing officer may grant a continuance of any hearing upon such terms and conditions as he/she may deem proper. Any request for a continuance made less than 48 hours prior to the time set for the hearing will be denied unless good cause is shown for the continuance. 19.12.7 When the board is hearing the matter, the employee shall be entitled to a fair public hearing on said chargesif he/she requests it in a timely manner. In any case in which the Board hears the matter, upon at least thirty (30) days’ notice, before an independent the Board may use the services of its counsel or a hearing officer who shall be an attorney at in ruling upon procedural questions, objections to evidence, and issues of law. The If the matter is heard by the board, the board may affirm, modify or reject the recommended disciplinary action. 19.12.8 If the matter is heard by a hearing officer, he/she shall prepare a proposed decision in a form that may be adopted by the board, in executive accordance with subsection [j] below, as the decision in the case. In arriving at a decision or public session, at a proposed decision on the option propriety of the Superintendent. The proposed disciplinary action, the board or the hearing officer may be selected by mutual agreement between consider the Superintendent records of any prior disciplinary proceedings against the employee in which a disciplinary action was ultimately sustained and the Board or, in the event no such agreement is reached within fifteen (15) days after the Superintendent's receipt any records of the written charges, a request shall be made to employee’s personnel file which were introduced into evidence at the American Arbitration Association, by either party for a list of Arbitrators from which a hearing officer shall be selected in accordance with the procedures hearing. A copy of the American Arbitration Association. (b) The Superintendent shall be entitled to due process protection at such hearing, including but not limited to the right to elect a public or private hearing; to be represented by counsel, to present, cross-examine and subpoena witnesses, to subpoena documents, papers, letters or other tangible evidence, to have all testimony given under oath, to receive without cost an accurate written transcript of the proceedings; and to receive written findings of fact and conclusions of law. The hearing officer’s proposed decision shall be final received and binding upon filed with the parties, subject to their respective rights to appeal in accordance with any applicable law. The District, at its expense, shall provide a certified court reporter who will transcribe all proceedings. (c) The hearing officer shall, upon the conclusion of the hearing, prepare and submit a written decision, which decision shall include findings of fact and a disposition of each charge. Both the Board and Superintendent shall be bound by the decision of the hearing officer. Both parties shall, however, retain their right to appeal the decision of the hearing officer to any forum with jurisdiction (d) If none of the charges against the Superintendent are sustained at such hearing or after any appeal therefrom, the Board shall reimburse the Superintendent for her costs and attorney’s fees incurred in defense of the hearing or appeal therefore.Governing