Contract Personnel; Dismissal or Return to Annual Contract, Hearing Options (Procedure 2.0500)

 

Purpose:

It is the purpose of this procedure to provide due process by providing the option for a hearing before the District Board of Trustees to employees of the College as follows:

• Those terminated while on Annual Contract or Continuing Contract; or
• Those on Continuing Contract that are returning to annual contract.

Procedure:

1. An employee on Annual Contract shall have the right to a hearing before the District Board of Trustees if terminated prior to the contract's expiration date.
2. An employee on Continuing Contract shall have the right to a hearing before the District Board of Trustees (the "Board") if terminated or returned to Annual Contract. As an alternative, but not in addition to the hearing rights provided by this procedure, the employee may elect to request an administrative hearing in accordance with the guidelines of Chapter 120, Florida Statutes, by filing a petition with the Board within twenty-one (21) days of notice of the Board's action.
3. The President shall notify the affected employee in writing of the recommendation for termination or return to Annual Contract. The notice by the President to the affected employee shall include the basis for the action and the recommendation(s) to be made to the Board.
4. If the recommendation of the President is approved by the Board, the President shall give notice of the Board's action to the affected employee within five (5) calendar days of the Board's action. The notice shall advise the employee that he or she may request a hearing and that said request must be made in writing to the Board within ten (10) calendar days after the employee's receipt of the notice of Board action. A copy of this procedure shall accompany the notice.
5. Any notices to the affected employee governed by the time requirements hereof shall be sent by certified mail return receipt requested, or hand delivered to the employee with instructions to the individual delivering the notice to record the time and date of delivery and provide the Board with proof of personal notification.
6. . If the employee requests a hearing before the Board, the Board shall, at its next regularly scheduled meeting, establish and have the Secretary of the Board communicate to the employee in writing, that the full Board or the member of the Board designated as the Board's hearing officer, will conduct the hearing. The notice shall also inform the employee of the following:
   • The time and place of the hearing;
   • That the employee shall have the right to be heard in their own defense;
   • That the employee shall have the right to be represented by legal counsel of their choosing at their own expense, or to represent themselves;
   • That the employee or their counsel shall have the right to produce and cross-examine witnesses; and to produce relevant evidence;
   • That all parties shall be afforded the opportunity to procure the assistance of the Board in obtaining the attendance of witnesses.
7. Not later than ten (10) calendar days prior to the hearing, the parties shall exchange a list of the names and addresses of witnesses to be called at the hearing, a statement of the issue(s) of the case, and a statement as to any proposed evidence, such as all papers, statements, documents, or other tangible evidence to be introduced at the hearing. Each party shall have the right to examine and copy the evidence of the other party. Rebuttal witnesses need not be listed.
8. The hearing shall be conducted in the following manner:
   • The hearing shall be fully and accurately recorded and all testimony and exhibits shall be preserved. The Board shall be responsible for providing an electronic recorder or certified court reporter. The employee may choose to provide a court reporter at his or her own expense and notify the Board accordingly.
   • The rules of evidence in accordance with the dictates of Chapter 120, Florida Statutes, shall be implemented during the hearing. All rulings as to the admissibility of evidence shall be made by the Board's hearing officer or, if heard by the full Board, by the Chairperson of the Board. Rulings of the Chairperson shall be subject to challenge by any member seated and subject to determination by majority vote of the members.
   • The Board or designated hearing officer, shall inform the parties of the following procedures:
     • Each party shall have the opportunity to make an opening statement.
     • The College will present its case.
     • At the conclusion of the College's case, the employee will present his/her case.
     • Each party shall be afforded the opportunity to cross-examine witnesses.
     • The designated hearing officer or the members of the Board shall have the opportunity to inquire of the witnesses and review the evidence.
     • All witnesses shall be duly sworn prior to testifying.
     • Each party shall be afforded the opportunity to present a final argument.
9. All hearings are public and no interested person shall be precluded from attendance except upon implementation of the rule of sequestration of witnesses.
10. Ex parte communications germane to the subject matter of the pending action are prohibited and shall be excluded from consideration by the Board or hearing officer. Ex parte communications shall be disclosed including;
    • Name of such person;
    • Matter(s) sought to be communicated;
    • intended recipient of the communication;
11. 
    
    Such communication(s) shall be grounds for mistrial.
12. The College bears the burden of proving that the recommended action is supported by substantial competent evidence.
13. The Board or designated hearing officer shall make findings, conclusions and a final determination of the issues solely upon the evidence presented at the hearing. A final written order shall be prepared and delivered to all parties within a reasonable time after the hearing.
14. The decision by the Board or designated hearing officer shall be final.
15. Any appeal of the final written Order shall be perfected and filed within thirty (30) days of entry of the Order.