Updated: 11/14/19 A notice of intention not to renew the contract of a career employee or of an intention to terminate the contract of a career or provisional employee during its term must advise the individual that he or she may request an informal conference before the Superintendent or Superintendent's designee. The request for an informal conference must be made in writing and delivered to the Superintendent's within 10 days of the date on the notice of intention not to renew or notice of termination during the contract term. The informal conference will be held as soon as is practicable. Suspension pending a hearing may be without pay if the Superintendent or a designee determines after the informal conference, or after the employee had an opportunity to have an informal conference, that it is likely that the reasons for cause will result in termination.
3.0810.08 EMPLOYEE’S RIGHT TO HEARING Issue Date: 7/8/99 Updated: 11/14/19
A notice of intention not to renew the contract of a career employee or of an intention to terminate the contract of a career or provisional employee during its term must also advise the individual that if after the informal conference the employee wishes a hearing on the matter, he or she must submit written notice to that effect to the Superintendent’s office within five (5) days of the informal conference. If the employee wishes to not have an informal conference, but does wish to have a hearing, he or she must submit written notice to that effect within fifteen (15) days of the date on the notice of intent not to renew or notice of termination during the contract term. Upon timely receipt of the notice, the Superintendent will notify the Board, which will then either appoint a hearing examiner or hearing board or determine to hear the matter itself. In either case, the Board will then send notice of the date, time and place of hearing to the Superintendent and to the employee. If the employee does not request a hearing within fifteen (15) days, then the employee shall have waived any right to a hearing and to contest the decision. Utah Code Ann. § 53G-11-513
3.0810.09 APPOINTING A HEARING EXAMINER Issue Date: 7/8/99 Updated: 11/14/19
If the Board of Education determines that the hearing shall be conducted by a hearing examiner or board, it shall so advise the Superintendent to appoint a board of three (3) District administrators who have no substantial knowledge of the facts of the case or select an independent hearing examiner. In so appointing a hearing examiner or hearing board, the Board of Education may delegate its authority to the hearing officer or hearing board to make recommendations for decision to the Board of Education. The Board retains the right to make its own decision based on the factual findings of the hearing officer. Utah Code Ann. § 53G-11-515 (2018)
3.0810.10 RIGHTS OF EMPLOYEE AT A HEARING Issue Date: 7/8/99 Updated: 11/14/19
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