FILE:  GBK-P

Cf:  GBK, GBN

HEARING PROCEDURES FOR EMPLOYEE DISCIPLINE

The purpose of these procedures is to implement the provisions of Act 570 of the 2014 Regular Session of the Louisiana legislature.  All dismissal hearings held pursuant to La. Rev. Stat. Ann. §§17:443(B)(2) and 17:444(B)(4)(c)(iii) shall be held in strict conformance with these procedures.

1. LIST OF HEARING OFFICERS
   
   A list of persons meeting those qualifications imposed by law to serve as a disciplinary hearing officers shall be approved and maintained by the School Board.  The minimum number of persons on such list shall be fixed in accordance with law depending upon the number of students enrolled in the school district.

2. SELECTION OF DISCIPLINARY HEARING OFFICERS; CONFLICTS OF INTEREST
   
   When the services of a disciplinary hearing officer are required, the Superintendent shall randomly select the name of a disciplinary hearing officer from the School Board-approved list in the presence of at least one witness.  Such random appointment shall be made by the use of either a random name generator or by the blind drawing of a name from the entire list of School Board-approved disciplinary hearing officers.  In the absence of a list of disciplinary hearing officers approved by the School Board, the disciplinary hearing officer shall be selected randomly from the list maintained by the Louisiana Board of Elementary and Secondary Education.
   
   Upon such selection, the proposed disciplinary hearing officer shall be provided with written notification of appointment and a listing of the parties and potential witnesses.  The disciplinary hearing officer must complete and return that portion of such notification attesting to both the disciplinary hearing officer's continued qualification to serve and the absence of a conflict of interest that would prohibit him/her from serving.
   
   In the event that the disciplinary hearing officer selected is an immediate family member of any of the parties or witnesses to testify at the hearing, prohibited from serving due to a conflict of interest prescribed by the Louisiana Rules of Professional Conduct, or is otherwise unavailable to conduct the hearing within the time delays provided by law, another name shall be randomly selected.

3. COMPENSATION OF DISCIPLINARY HEARING OFFICERS
   
   Each person selected as a disciplinary hearing officer shall be entitled to compensation at the rate approved by the Attorney General for each hour spent on the matter.  The disciplinary hearing officer shall submit an invoice to the Superintendent no later than fifteen (15) days after the conclusion of his duties.  The invoice of the disciplinary hearing officer shall be paid by this School Board no later than thirty (30) days after submission.

4. POWERS AND AUTHORITY OF DISCIPLINARY HEARING OFFICERS
   
   Each disciplinary hearing officer appointed as provided herein shall have the powers and authority to:

1. 1. administer oaths and affirmations;
      
      

   2. regulate the course of the hearings;
      
      

   3. set the time and place for continued hearings;
      
      

   4. fix the time for filing of briefs and other documents;
      
      

   5. direct the parties to appear and confer to consider simplification of the issues; and
      
      

   6. sign and issue subpoenas requiring attendance and giving of testimony by witnesses and the production of books, papers, and other documentary evidence.

4. Notwithstanding the foregoing, all parties shall have the right to (1) present evidence on all issues of fact, (2) present argument on all issues of law and policy, and (3) conduct such cross-examination as may be required for a full and true disclosure of the facts.

5. DUTIES OF AND RESPONSIBILITIES DISCIPLINARY HEARING OFFICERS
   
   Each disciplinary hearing officer appointed as provided herein shall have the duty and responsibility to:

1. 1. advise the teacher or administrator that the hearing will be either public or private, at the option of the teacher or administrator;
      
      

   2. review whether the interim decision of the Superintendent was arbitrary or capricious;
      
      

   3. affirm or reverse the action of the Superintendent;
      
      

   4. notify the Superintendent and the teacher or administrator of his final determination, with written reasons, within ten (10) days from the date of the hearing;
      
      

   5. maintain and safeguard all exhibits accepted or proffered into evidence at the hearing; and
      
      

   6. such other duties and responsibilities as may be imposed upon him by La. Rev. Stat. Ann. §17:443 (B) (2) and/or these procedures.

6. GENERAL RULES CONCERNING HEARINGS

1. 1. Hearings shall be scheduled in accordance with the timelines established by law and shall be held in private or open session, at the option of the teacher or administrator.
      
      

   2. Hearings shall be held at the School Board’s central office, unless a different location is fixed by the disciplinary hearing officer.
      
      

   3. Hearings shall be conducted on weekdays during normal business hours, unless the disciplinary hearing officer determines that the just and efficient completion of the hearing, compliance with the mandated delays, or the disciplinary hearing officer's, counsel's or party's schedule requires a deviation from such times.
      
      

   4. The disciplinary hearing officer may suspend a hearing, upon both parties' agreement and request, when it appears that a resolution of the disciplinary action at issue has been reached between the parties.  Before such hearing is suspended, such resolution shall be entered upon the record of such proceeding and shall have the same preclusive force and effect as a compromise entered and received in open court.  Any verbal agreements placed into the record shall be memorialized in writing and signed by all parties within seven (7) calendar days.
      
      

   5. The disciplinary hearing officer has the power to require that the proceedings shall be conducted with dignity and in an orderly and expeditious manner, and to control the proceedings so that justice is done.
      
      

   6. The exclusion of witnesses is governed by Louisiana Code of Evidence, Article 615.
      
      

   7. The disciplinary hearing officer on his own motion, or on the motion of any party, after hearing, may grant a mistrial.
      
      

   8. The normal order of the hearing shall be as follows:

1. 1. 1. The opening statements by the Superintendent and the teacher or administrator, in that order;
         
         

      2. The presentation of the evidence of the Superintendent and of the teacher or administrator, in that order;
         
         

      3. The presentation of the evidence of the Superintendent in rebuttal; and
         
         

      4. The argument of the Superintendent, of the teacher or administrator, and of the Superintendent in rebuttal, in that order.

1. 1. This order may be varied by the disciplinary hearing officer when circumstances so justify.

9. Before testifying, every witness shall be required to declare that he will testify truthfully, by oath or affirmation administered in a form calculated to awaken his conscience and impress his mind with his duty to do so.
   
   

10. A witness who appears but refuses to testify without proper cause shall be considered in contempt and the disciplinary hearing officer may apply to a district judge in the Parish where the hearing is being held for an Order holding the recalcitrant witness in contempt.
    
    

11. The disciplinary hearing officer may order, upon a showing of appropriate safeguards, live testimony of a witness to be presented during the hearing by teleconference, video link, or other visual remote technology, if the witness is beyond the subpoena power of the disciplinary hearing officer or when compelling circumstances are shown.
    
    

12. A party or a person identified with a party may be called as a witness and examined by the adverse party in accordance with Louisiana Code of Evidence, Articles 607 and 611.
    
    

13. The testimony of expert medical witnesses may be presented to the disciplinary hearing officer by way of oral or video deposition taken pursuant to the Louisiana Code of Civil Procedure.
    
    

14. Formal exceptions to rulings or orders of the disciplinary hearing officer are unnecessary.  For all purposes it is sufficient that a party, at the time the ruling or order of the disciplinary hearing officer is made or sought, makes known to the disciplinary hearing officer the action which he desires the disciplinary hearing officer to take or his objection to the action of the disciplinary hearing officer and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.
    
    

15. When the disciplinary hearing officer rules against the admissibility of any evidence, he shall either permit the party offering such evidence to make a complete record thereof, or permit the party to make a statement setting forth the nature of the evidence.
    
    

16. At the request of any party, the disciplinary hearing officer may allow any excluded evidence to be offered, subject to cross-examination on the record during a recess or such other time as the disciplinary hearing officer shall designate.  When the record is completed during a recess or other designated time there will be no necessity for the requesting party to make a statement setting forth the nature of the evidence.
    
    

17. In all cases, the disciplinary hearing officer shall state the reason for his ruling as to the inadmissibility of the evidence.
    
    

18. If the disciplinary hearing officer permits a party to make a complete record of the evidence held inadmissible, it shall allow any other party the opportunity to make a record in the same manner of any evidence bearing upon the evidence held to be inadmissible.
    
    

19. While the Louisiana Code of Evidence is not applicable to hearings conducted before the disciplinary hearing officer (with the exceptions noted hereinabove), the principles underlying the Code of Evidence shall serve as guides to the admissibility of evidence and the specific exclusionary rules and other provisions shall be applied to the extent that they tend to promote the purposes of the proceeding.
    
    

20. Each hearing shall be transcribed by a certified court reporter.
    
    

21. The certified court reporter shall be retained by the disciplinary hearing officer and this School Board shall pay for his services.
    
    

22. Upon request of any party to the disciplinary hearing officer, the certified court reporter shall transcribe the testimony of each witness testifying at the hearing and transmit the transcript of the hearing to the disciplinary hearing officer.  The requesting party shall be obligated to pay all costs and fees associated with the transcription of the hearing by the certified court reporter.
    
    

23. All exhibits accepted or proffered into evidence shall be maintained and safeguarded by the disciplinary hearing officer for a period of not less than 120 days after transmission of his final determination to the Superintendent.
    
    

24. Upon request of any party directed to the disciplinary hearing officer, he shall cause the original transcript of the hearing and all exhibits accepted or proffered into evidence to be filed with the appropriate district court.  The requesting party shall be obligated to pay all costs and fees associated with the filing of the transcript and exhibits.

New procedures:  February 15, 2017

Ref:    La. Rev. Stat. Ann. §§17:81, 17:81.8, 17:443

Board minutes, 2-15-17

St. John the Baptist Parish School Board