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Administrative Regulation Disciplinary Appeals A. Disciplinary
Appeal Process For punitive action involving the equivalent of thirty, (30) calendar days suspension or less, or other actions in excess of thirty (30) calendar days shall provide a process for the employee to appeal the decision. B.
Step – 1.
Administrative Hearing 1.
Initiation
and Notification of Charges a.
The
superintendent/President may initiate discipline by filing a written action, as
defined in Board Policy and Administrative Regulation 4218, with the Board of
Trustees against a permanent classified employee. b.
Filing with the
Board of Trustees shall be accomplished when the Superintendent/President
places a “Recommendation for Personnel Action” on the agenda for the next Board
meeting. 2.
Within five (5)
work days of the filing, a copy of the Recommendation for Personnel Action
shall be served on the employee either in person or by registered/certified
mail, return receipt requested, at the employee’s last known address. 3.
It shall include
the following: a.
A statement of
the personnel action being recommended (e.g., suspension with/without pay or
dismissal). b.
A statement of
the cause phased in ordinary and concise language and not in the language of
the District’s rule, regulation, or statute. c.
A statement of
the specific acts or omissions on which the causes are based. d.
A statement of
the employee’s right to appeal and the manner and time his/her appeal must be
filed. e.
An official
notice, the signing and timely filing of which shall constitute a demand for
hearing and a denial of all charges. f.
Notice of the
date, time, and place of an administrative hearing conducted by the Department
Head to provide the employee an opportunity to present information relative to
the charges to be considered by the Board. (1)
The employee is
entitled to be accompanied by a representative of his/her choice. (2)
Failure to
appear at the scheduled administrative hearing, or to obtain a postponement,
shall be deemed to be a waiver of the employee’s right to an administrative
hearing. (3)
Participation,
or failure to participate in the scheduled administrative hearing, shall not
prejudice the employee’s right to demand a hearing before the Board of Trustees
or an appeal in mediation. C.
Step – 2.
Appeal to the Board of Trustees 1. The Board of Trustees may conduct its own appeal hearing or appoint a designee to conduct the hearing and report findings, conclusions, and recommendations to the Board of Trustees. 2.
Such hearing
shall take place within a reasonable period of time but not before five (5)
business days after the filing of a request for a hearing 3.
Hearings will be
presided over by Board of Trustees or its designee. 4.
The employee
shall have a right to appear in person on his/her own behalf with designee or
such representation as he/she requests to represent his/her defense. However,
if the employee is a member of a bargaining unit in which an exclusive
representative has been certified, no other employee organization may represent
the employee. D.
Decisions The
recommendation of the Board of Trustees designee shall be submitted to the
Board of Trustees and shall be in writing summarizing the facts, setting forth
findings, and making a recommended decision. A copy shall be served by
registered/certified regular U.S. Mail upon the appellant. E.
The employee shall have the right to appeal the designees decision to the
Mediator within fifteen (15) business days after the proposed decision is filed
with the Board. F.
Step – 3. Appeal to Mediation 1.
Mediation
Appeal Rights a.
For punitive
action involving the equivalent of thirty (30) calendar days suspension or
less, or other actions in excess of thirty (30) calendar days the parties shall
provide a process for the employee to appeal the decision. The parties will
utilize the services of the State of 2.
Hearing
Procedures a.
The hearing
shall be held at the earliest convenient date, considering the established
schedule of a mediator, and the availability of counsel and witnesses. The
parties shall be notified of the date, time, and place of the hearing. b.
The employee
shall be entitled to appear personally and have counsel. The District may also
be represented by counsel. c.
The mediator
shall prepare a proposed decision, and it shall be furnished to each party
within ten (10) business days after the proposed decision is filed with the
Board. d.
In arriving at a
decision or proposed decision, the Mediator may consider the records of any
prior personnel action proceedings against the employee in which another
personnel action was sustained and any records contained in the employee’s
personnel files within the last two years if the records were introduced into
evidence at the hearing. G.
Hearing Decision The
decision of the Mediator shall be certified to the Board of Trustees. Both
parties agree to accept the mediators findings of facts as final. The Board may
accept or reject the mediators decision, however if the decision of the Board
is different than that of the mediator, the reasons will be submitted in
writing to CSEA. A copy of the decision shall be delivered to the appellant and
his/her designated representative personally or by registered mail, postage
prepaid, and delivered to the employee’s last known address. The decision of
the Mediator shall be final, subject only to appeal in a Court of competent
jurisdiction. H.
Limitations No
disciplinary action shall be taken for any cause which arose prior to the
employee’s becoming permanent, nor for any cause which arose more than two (2)
years preceding the date of the filing of the notice of cause unless such cause
was concealed or not disclosed by such employee when it could reasonable be
assumed that the employee should have disclosed the facts to the District.
Disciplinary action taken shall be commensurate with the offense. Adopted: 5/20/91 |
