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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 8. HIGHER EDUCATION |
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SubTilte 8-A. DISTRICT OF COLUMBIA SCHOOL OF LAW |
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Chapter 8-A10. GENERAL PERSONNEL POLICIES |
Section 8-A1008. FAILURE TO COMPLY WITH RESIDENCY REQUIREMENTS
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1008.1In accordance with D.C. Code, § 1-106.9(d)(2), an Educational Service employee who fails to comply with and maintain compliance with the residency requirement set forth in § 1006.4 shall forfeit his or her position.
1008.2Whenever the Dean, or the Dean's designee, has reasonable cause to believe that an Educational Service employee is not in compliance with the residency requirement set forth in § 1006.4, the Dean or designee shall issue to the employee a written notice to show cause why the position held by the employee should not be forfeited.
1008.3The employee shall have ten (10) days to respond to the notice to show cause. The employee's response shall be in writing and shall state facts and circumstances sufficient to demonstrate compliance with the residency requirement.
1008.4If the employee fails to respond to the notice to show cause within the ten (10) day notice period, the Dean shall declare the position forfeited.
1008.5If the employee's response fails to assert facts or circumstances which, if proven, would establish compliance with the residency requirement, the employee shall be given an opportunity to appear before the Dean or the Dean's designee to present evidence and testimony in support of the employee's claim of bona fide residency in the District of Columbia.
1008.6The Dean, or the Dean's designee, shall consider the testimony and evidence presented by the employee and the Dean shall issue a final decision in writing. A copy of the decision shall be given to the employee. If the Dean determines that the employee is not a bona fide resident of the District of Columbia, the Dean shall declare the position forfeited.
1008.7In determining whether an employee is a bona fide resident of the District of Columbia for purposes of this section, the Dean may consider documentary evidence of the same type considered under the provisions of § 1007.6 of this chapter.