The Board may be required to assume a judicial role to ensure adherence to district policy. All contested matters will be heard in a fair and impartial manner, and the Board will resolve all disputes. All contested hearings shall adhere to the procedures outlined in this policy.
Hearings involving personnel and students are closed to the public.
Requests for hearings to be conducted in open session will be considered by the Board.
A verbatim record of the hearing will be made.
Closed hearing records will be sealed pending a determination of the board.
CONDUCT OF THE HEARING
The Board shall appoint a school board member or a person who is not an employee of the school district as the hearing officer.
Each party may be represented by an attorney.
Each party may make an opening statement.
The complainant or petitioner shall present its case first.
All witnesses must take an oath or affirmation of truth.
Witnesses may be present only when testifying.
Each party may present, examine and cross-examine witnesses.
The hearing officer may ask questions of witnesses and may allow other school board members to question witnesses.
Each party may introduce evidence.
All relevant evidence must be admitted.
Unproductive or repetitious evidence may be limited by the hearing officer.
Each party may raise objections. The basis for the objection must be stated.
Each party may make a closing statement.
After the hearing, the school board shall continue to meet in executive session for deliberation.
No one other than the hearing officer may meet with the school board during deliberation.
The school board may seek advice during deliberation from its legal counsel.
Consultation with any other person during deliberation may occur only if representatives of the parties are present.
The decision of the Board must be based solely on the evidence presented at the hearing and must be effected by a motion made in open session.
For closed hearings the motion must omit the names of the parties.
The Board shall notify the parties in writing of its decision.