15-541. Hearing on dismissal
A. The governing board shall decide whether to hold a hearing on the dismissal or
suspension without pay for a period of time longer than ten days of a certificated
teacher as provided in this article. If the governing board decides not to hold a
hearing, the governing board shall designate a hearing officer to hold the hearing, hear
the evidence, prepare a record and issue a recommendation to the governing board for
action. The governing board may provide by policy or vote at its annual organizational
meeting that all hearings conducted pursuant to this section shall be conducted before a
hearing officer. The hearing officer shall be mutually agreed upon by the parties to the
hearing. If the parties cannot mutually agree on a hearing officer, a hearing officer
shall be selected by the governing board from a list provided by the department of
education or the American arbitration association. The hearing shall be held not less
than fifteen nor more than thirty days after the request is filed unless all parties to
the hearing mutually agree to a different hearing date, and notice of the time and place
of the hearing shall be given to the teacher not less than three days before the date of
the hearing. The teacher may request that the hearing be conducted in public or
private. At the hearing the teacher may appear in person and by counsel, if desired, and
may present any testimony, evidence or statements, either oral or in writing, in the
teacher's behalf. The governing board or the hearing officer shall prepare an official
record of the hearing, including all testimony recorded manually or by mechanical device,
and exhibits. The teacher who is the subject of the hearing may not request that the
testimony be transcribed unless the teacher agrees in writing to pay the actual cost of
the transcription. Within ten days after a hearing conducted by the governing board, the
board shall determine whether there existed good and just cause for the notice of
dismissal or suspension and shall render its decision accordingly, either affirming or
withdrawing the notice of dismissal or suspension. Within ten days after a hearing
conducted by a hearing officer, the hearing officer shall deliver a written
recommendation to the governing board that includes findings of fact and
conclusions. Parties to the hearing have the right to object to the findings of the
hearing officer and present oral and written arguments to the governing board.
B. A hearing held pursuant to this section may not be conducted by any hearing
officer having a personal interest which would conflict with the hearing officer's
objectivity in the hearing. The governing board has an additional ten days to determine
whether good and just cause existed for the notice of dismissal or suspension and shall
render its decision accordingly, either affirming or withdrawing the notice of suspension
or dismissal. Good and just cause does not include religious or political beliefs or
affiliations unless they are in violation of the oath of the teacher.
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