FILE:  GAEB

Cf:  GBN

 

HEARING PROCEDURES

 

 

The Richland Parish School Board directs that, in accordance with court decree, a review board shall be established for the purpose of conducting a hearing to receive all evidence and testimony necessary to make a recommendation to the Superintendent concerning whether an indi­vidual should in fact be demoted or dismissed.  Said hearing shall be held at the request of an individual on probationary status after notice has been given that the individual's services are no longer needed in the school system.  Said request shall be given in writing to the Superintendent within a reasonable time period as set by the Board.

 

The review board shall be appointed by the Superintendent and shall consist of two (2) supervisors, one (1) classroom teacher, one (1) school board member, and one (1) additional administrative employee, who shall serve as chairman.  Said review board shall at no time be composed of more than three (3) mem­bers of any one race.

 

The administrative hearing shall be either in an open or closed session, at the option of the individual.  The School Board and the individual shall at the Board's discretion, be allowed representation by an attorney or someone of their own choosing.  Notification of any representative shall be given the Superintendent at least five (5) working days prior to the sche­duled hearing.

 

Notice of the administrative hearing shall be sent to the individual requesting the hearing by registered or certified mail at least ten (10) days prior to the meeting.  The notice shall contain the specific time, date, and place of the hearing.

 

The actual hearing shall be governed in accordance with the following procedures.

 

  1. The Chairman, after calling the hearing to order, shall openly assure all persons present that the meeting shall be conducted in a fair and reasonable manner, with the final judgment being rendered objectively and based solely on all evidence and testimony as presented.
     

  2. The Chairman shall call upon the representative of the school system to present the reasons for the recommen­dation of dismissal and to call such witnesses as are deemed necessary.  The individual or his/her representative shall be allowed to cross-examine any witnesses if so desired.
     

  3. The individual or his/her representative shall present the employee's case and call such witnesses as are deemed necessary.  The school system's representative shall be allowed to cross-examine any witnesses if so desired.
     

  4. The intent of the hearing is to receive all evidence and testimony necessary to make a recommendation as to whether the employee should in fact be demoted or dismissed.  In allowing cross-examination, the Chairman shall instruct the individual or his/her representative that he/she shall only be allowed to ask questions pertinent to the situation.
     

  5. Each representative shall be allowed to make five (5) minute summary statements beginning with the school system.
     

  6. As this is an administrative hearing, members of the review board shall be allowed to address questions to any witness called.  Questions shall be addressed to the witness directly and not to any counsel.  Counsel shall be allowed to advise any witness but answers to questions shall be rendered solely by the witness.
     

  7. The Chairman shall assure that the hearing shall be con­ducted in compliance with all procedural due process safeguards.  It shall be the duty of the Chairman to see to it that, at all times, an orderly atmosphere pre­vails.  The Chairman shall remind, if necessary, any persons that any disorderly conduct shall not be tolerated.
     

  8. Time limitations on questioning and/or cross examinations may be imposed by the Chairman, in whose judgment such limitations shall be necessary.
     

  9. Upon completion of the hearing, the review board shall conduct its deliberations, studying strictly the facts as presented.

 

    1. If the review board desires to re-question any wit­ness, said witness shall be recalled.  If such is done, representatives of each side shall be present, whose only function shall be to assure complete fairness.  Questions shall be addressed to the wit­ness directly.
       

    2. If the review board desires more time for delibera­tion than is available, the Chairman shall consult with both parties and a mutually agreeable time for all witnesses and the review board to reconvene shall be determined.  All proscriptions relative to discussion of the case outside the meeting shall be strictly observed by all persons involved.

 

  1. When the review board has finished its deliberations, it shall reconvene itself into open session, if necessary, and cast their votes.  A majority vote shall be required to sustain the recommendation.  The votes shall be duly recorded and entered into the official minutes.  The review board shall notify the Superintendent of their recommendation concerning whether the individual should in fact be demoted or dismissed.
     

  2. Within ten (10) working days following official conclu­sion of the hearing, the Chairman shall send by certified or registered mail to the individual a written copy of the Board's decision.

 

At any time during the proceedings, the Board may dismiss anyone in attendance because of unruly or boisterous nature, if circumstances so warrant.  In the case of an attorney being dismissed who is a chosen representative of either party, the attorney for the opposing side shall likewise be dismissed to assure fairness in the proceedings.

 

 

Ref:     Board minutes, 3-4-86

 

Richland Parish School Board