Section 5-E1407. ADVERSE ACTION APPEAL HEARINGS

 

1407.1The Superintendent of Schools shall designate an adverse action hearing office.

 

1407.2All appeals shall be conducted under the auspices of the hearing office, pursuant to the provisions of this section.

 

1407.3Upon receipt of a timely request for a hearing, the hearing office shall schedule a hearing before a hearing officer at a time convenient to the parties, subject to the availability of the hearing officer.

 

1407.4The Board of Education shall employ impartial hearing officers on a full-time or part-time basis to conduct adverse action appeal hearings.

 

1407.5The impartial hearing officers shall have the appropriate training and qualifications to conduct adverse action hearings.

 

1407.6An employee shall be afforded the following safeguards in connection with the hearing held pursuant to this section:

 

(a)The right to be represented by counsel or other representative of the employee’s choice, at the expense of the employee;

 

(b)The right to cross-examine any witness testifying for the school system;

 

(c)The right to call witnesses in the employee’s behalf and to present other evidence in support of the appeal, including the right to call employees of the school system to appear as witnesses in his or her behalf;

 

(d)The right of access to materials in the adverse action file, pursuant to the provisions of § 1404; and

 

(e)The right to a free copy of the electronic recording made of the hearing.

 

1407.7Transcripts of all or any portion of the hearing record may be requested by the employee or the employee’s representative at a cost of twenty-five cents (25¢) per page.

 

1407.8Requests for a transcript shall be made to the hearing office within ten (10) days of the receipt of the final determination of the appeal.

 

1407.9An employee or employee’s representative may arrange to have a record of the hearing taken and transcribed by a qualified reporter hired by the employee at the employee’s expense; provided, that the hearing office shall be notified of any arrangement for a record of the hearing not less than three (3) days prior to the scheduled date of the hearing.

 

source

Final Rulemaking published at 24 DCR 6446, 6483 (February 3, 1978).