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.