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.

HEARING

• 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.

WITNESSES

• 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.

EVIDENCE

• 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.

DELIBERATION

• 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.

DECISION

• 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.