Policy_Manual_2-12-2024

17. Any other reason justifying termination of employment for cause.

Utah Code § 53A-8-104(1)

1.0730.02 NOTICE

Issue date: 4/25/96 Before any Administrator is dismissed, the Administrator shall be given reasonable notice in writing of the proposed action and the grounds, set out in sufficient detail to fairly enable the Administrator to show any error that may exist. This is to occur no less than fifteen (15) days prior to the proposed date of termination. The Administrator shall be advised of the names of adverse witnesses and the nature of their testimony. Utah Code § 53A-8-104(5)

1.0730.03 HEARING

Issue date: 4/25/96 If the Administrator desires a hearing, the Administrator shall notify the Board in writing within ten (10) days of receiving the notice of anticipated termination or nonrenewal. Upon such request, the Board or its designee shall within ten (10) days hold a hearing at which the Administrator shall be given a fair opportunity to refute the reasons given for the anticipated termination or nonrenewal. The Board or its designee may, but is not required to, modify its decision, with respect to the status of the employee. Siebert v. University of Oklahoma Health Science Center, 867 F.2d. 591 (10th Cir. 1989) Cleveland Board of Education V. Loudermill, 470 U.S. 532 (1985) Utah Code § 53A-8-104(8) The Board may conduct the hearing in open session or in closed session unless the Administrator requests a public hearing, in which case the hearing shall be open to the public. At the hearing before the Board, the Administrator may employ counsel. The Administrator also has the right to hear the evidence upon which the charges are based, to cross-examine all adverse witnesses, and to present evidence of innocence or extenuating circumstances. Prior to dismissal, the Board shall determine the existence of good cause for termination. Such determination shall be based solely on the evidence presented in the hearing. The Board shall notify the Administrator of its decision in writing within ten (10) days after the hearing. Utah Code § 53A-8-105(2)

1.0730.04 SUSPENSION

Issue date: 4/25/96 The Administrator may be suspended with or without pay pending the outcome of the dismissal hearing

1.0730.05 PROBATIONARY STATUS Issue date: 4/25/96

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