North Dakota Code 15.1-15-08 – Discharge for cause – Hearing
1. If the board of a school district contemplates the discharge for cause of an individual employed as a teacher, a principal, or as an assistant or associate superintendent before the expiration of the individual’s contract, the board shall petition the director of the office of administrative hearings for appointment of an administrative law judge to preside over the hearing. The administrative law judge shall set the time and place of the hearing, direct the board to publish notice of the hearing, and direct the board to provide to the individual a list of charges at least five days before the hearing.
Terms Used In North Dakota Code 15.1-15-08
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Executive session: A portion of the Senate's daily session in which it considers executive business.
- Individual: means a human being. See North Dakota Code 1-01-49
2. Except as otherwise provided in this section, the hearing must be conducted in accordance with chapter 28-32.
3. Unless otherwise agreed to by the board and the individual, the administrative law judge shall close the hearing, except for the parties, their legal representatives, witnesses, three invitees requested by the individual, and three invitees requested by the board.
4. The individual subject to the discharge may request one continuance. If a continuance is requested, the administrative law judge shall grant the continuance not in excess of seven days. Upon a showing of good cause by the individual, the administrative law judge may grant a continuance in excess of seven days.
5. No cause of action for libel or slander may be brought regarding any communication made in an executive session of the board held for the purposes provided in this section.
6. At the conclusion of the hearing, the administrative law judge shall provide all evidence presented at the hearing to the board in order that the board may make a determination regarding the discharge.
7. A determination of the board under this section may be appealed to the district court.
8. All costs of the services provided by the administrative law judge, including reimbursement for expenses, are the responsibility of the board.