Section 5-E1404. STATUS DURING NOTICE PERIOD

 

1404.1The employee or his or her representative shall be given access to the documents, reports, and other materials contained in the adverse action file, including all materials that support the adverse action being taken.

 

1404.2Adverse action file materials that relate to the grounds and reasons for the adverse action shall be available for inspection by the employee or his or her representative not later than twenty-four (24) hours after the receipt of the notice of adverse action by the employee. These file materials shall be available at the times and places specified in the notice.

 

1404.3An employee who is the subject of an adverse action shall be retained in active duty status during the notice period, except in the following instances:

 

(a)When it is determined by the official effecting the adverse action that retention of the employee in an active duty status might result in damage to public school property; may result in injury or harm to students, other employees, or members of the public; or may be detrimental to the efficiency and discipline of the school system, the employee may be temporarily assigned to other duties where these conditions are not likely to occur or the employee may be placed on administrative leave with pay; and

 

(b)When the official effecting an adverse action also effects a separate action of suspension for thirty (30) days or less during the notice period.

 

1404.4The decision of the official effecting an adverse action to reassign the employee or place the employee on administrative leave with pay during the notice period shall not be subject to appeal.

 

source

Final Rulemaking published at 24 DCR 6446, 6480 (February 3, 1978).