Current through Register Vol. 45, No. 52, December 27, 2023
(a) In accordance with Education Law
§3020-a(2)(c), where a board suspends an employee without pay pending a
determination in an expedited hearing based on charges of misconduct
constituting physical or sexual abuse of a student, a probable cause hearing
shall be conducted pursuant to this section within ten (10) days of the
decision to suspend without pay. Such unpaid suspension shall not exceed 120
days from the decision of the board of education to suspend the employee
without pay
(b) Probable cause
hearing procedures
(1) A school district
shall notify the Commissioner of a request for a probable cause hearing within
one (1) business day of suspending an employee without pay based on charges of
misconduct constituting physical or sexual abuse of a student.
(2) The Commissioner shall maintain a
rotational list or lists of individuals who have agreed to serve as impartial
hearing officers in accordance with the timeframes and conditions set forth in
Education Law §3020-a(2)(c) . The Commissioner, in his discretion, may
remove a hearing officer from the rotational list, if he or she engages in a
pattern of declinations or is unable to perform his/her duties in the timelines
prescribed in Education Law §3020-a(2)(c) or this Subpart. A pattern of
declinations is defined as two (2) or more declinations within one year. If a
hearing officer is removed, he or she may make an application to be reinstated
after one year, which may be granted in the Commissioner's
discretion.
(3) Upon receipt of
request for a need for a probable cause hearing, the Commissioner shall appoint
the next available hearing officer from the rotational list. The failure of the
hearing officer to accept the case within 24 hours of being notified that he or
she has been selected shall be deemed a declination.
(4) At the conclusion of the probable cause
hearing, the impartial hearing officer may make an oral ruling or issue a
written decision on the record as to whether the decision to suspend an
employee without pay should be continued or reversed.
(5) The impartial hearing officer shall
reverse the decision of the board to suspend without pay and reinstate the pay:
(i) upon a finding that probable cause does
not support the charges; or
(ii)
upon a written determination that suspension without pay is grossly
disproportionate in light of all surrounding circumstances.
(6) The employee shall be eligible
for reimbursement of the withheld pay and accrued interest at the rate of six
percent compounded annually if the hearing officer finds in the employee's
favor, at either in the probable cause hearing or in a final determination at
the conclusion of the expedited hearing.
Adopted
New
York State Register December 2, 2015/Volume XXXVII, Issue 48,
eff. 12/2/2015
