 |
D.C. Municipal Regulations (Last Updated: September 13, 2017) |
 |
Title 5. EDUCATION |
|
SubTilte 5-E. ORIGINAL TITLE 5 |
|
Chapter 5-E14. ADVERSE ACTIONS |
Section 5-E1402. INITIATION OF ADVERSE ACTION AND RIGHT OF APPEAL
-
1402.1The Superintendent of Schools or the Superintendent’s designee may effect the dismissal, suspension, or demotion for cause of any employee under his or her authority.
1402.2Delegation of personnel authority to effect adverse actions by the Superintendent of Schools shall be in writing.
1402.3The Superintendent of Schools shall inform the Board of Education of the following:
(a)All delegations of personnel authority to effect adverse actions;
(b)All adverse actions of dismissal, demotion for cause, and suspension for more than thirty (30) days; and
(c)The results of any appeals taken from the following adverse actions:
(1)Dismissal;
(2)Demotion for cause; and
(3)Suspension for more than thirty (30) days.
1402.4Appeal from a suspension for thirty (30) days or less shall be taken to the Superintendent of Schools or to an official designated by the Superintendent other than the official effecting the suspension, pursuant to guidelines established by the Superintendent. An appeal from a suspension shall be filed within five (5) days of the effective date of the suspension.
1402.5Appeal from a dismissal, demotion for cause, or suspension for more than thirty (30) days shall be taken pursuant to the provisions of § 1406.
1402.6If no appeal is filed within the applicable time limit set forth in § 1402.4 or §1406, the adverse action effected by the Superintendent or the Superintendent’s designee shall be the final administrative agency action of the Board of Education.
1402.7If a timely appeal is filed pursuant to § 1402.4, the final administrative agency action of the Board of Education shall be taken pursuant to the guidelines established by the Superintendent.
1402.8If a timely appeal is filed pursuant to § 1406, the final administrative agency action of the Board of Education shall be taken pursuant to § 1409.
1402.9The effective date of an adverse action shall not be stayed by the filing of a timely appeal.