New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.11 - Conduct of hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Cine
					 photographs, still photographs, videotape recordings and audiotape recordings
					 may not be taken at private hearings, and may be taken at public hearings only
					 when permitted by the chairperson of the panel.
(b) Public hearings shall be open to members
					 of the public and to representatives of the news media, except that the
					 chairperson of the panel may, in his or her discretion, exclude any persons
					 other than parties, witnesses, and their attorneys from all or any portion of
					 the hearing where such exclusion is warranted for the protection of the privacy
					 or reputation of any person under the age of 18 years.
(c) An adjournment of a hearing shall be
					 granted at the discretion of the chairperson of the hearing panel only in the
					 interests of justice and upon good cause shown by the party requesting such
					 adjournment. For hearings of charges filed on or after September 13, 1991,
					 adjournments shall be limited to two adjournments for each party over the
					 duration of the proceedings. No adjournment may be granted for a period in
					 excess of 15 days, provided that the final day of testimony may be adjourned
					 for a longer period upon a showing of exceptional cause, which shall include
					 but not be limited to unavailability of a witness and incapacity of an attorney
					 for a party.
(d) The chairperson of
					 the panel shall have the power to consolidate with the pending charges amended
					 or additional charges against an employee as to which the board has found that
					 probable cause exists no later than five days before the date of the hearing,
					 provided that the employee may file a waiver of hearing concerning such amended
					 or additional charges with the chairperson of the panel.
(e) The chairperson of the panel shall decide
					 all motions and objections, but he or she may not dismiss the charges with
					 prejudice, without the consent of the complainant or his or her attorney.
					 However, the chairperson of the panel may grant a motion to dismiss the
					 charges, without prejudice to the filing of more specific charges, if such
					 motion is made within the time specified in this subdivision, and if he or she
					 finds that the charges are not sufficiently specific to enable the employee to
					 prepare a defense to such charges. Any motion concerning the sufficiency of the
					 charges shall be made to the chairperson of the panel no later than 20 days
					 after receipt by the employee of the statement of charges or five days after
					 receipt of notice of the selection of the chairperson of the panel, whichever
					 shall later occur, upon notice to the complainant or his or her attorney. The
					 decision of the chairperson of the panel upon such motion shall be in
					 writing.
(f) If the chairperson of
					 the panel determines that the absence of a hearing panel member is likely to
					 delay unduly the prosecution of the hearing, he or she shall order the
					 replacement of such panel member. If the party who selected such panel member
					 fails to select a replacement within two days, the commissioner shall select
					 such replacement. If the panel member to be replaced is the chairperson of the
					 panel, and if the commissioner determines that the panel members selected by
					 the parties cannot agree on a replacement, the commissioner shall select a
					 replacement. In no event shall a hearing proceed except in the presence of
					 three panel members.
(g) Members of
					 the hearing panel may question witnesses and parties, subject to the right of
					 the chairperson of the panel to disallow such questions if he or she deems them
					 improper. No questions may be addressed to the employee unless he or she has
					 been sworn as a witness with his or her own consent.
(h) At the conclusion of the testimony, the
					 chairperson of the panel may adjourn the hearing to a specified date not more
					 than 14 days after the conclusion of the testimony, to permit preparation of
					 the transcript, submission by the parties of memoranda of law, and deliberation
					 by the panel members. The chairperson of the panel shall provide for the
					 preparation and delivery of one copy of the transcript of the hearing to each
					 panel member, to the employee and the board, if requested. The complainant may
					 order copies of the transcript directly from the stenographer.
(i) The findings of the panel on each charge,
					 and the recommendations of the panel as to disciplinary action shall be based
					 solely upon the record in the proceedings before the hearing panel, and shall
					 set forth the reasons and the factual basis for the determination. The
					 chairperson of the panel shall declare the hearing concluded, and shall forward
					 the findings and recommendations, together with the three copies of the
					 transcript, to the commissioner. The commissioner shall forward a report of the
					 hearing, including the findings and recommendations of the hearing panel and
					 their recommendations as to the penalty or punishment if one is warranted,
					 together with a copy of the transcript of the proceedings before the hearing
					 panel, to the employee and to the clerk or secretary of the employing board,
					 should either the employee or the board of education not have received a copy
					 of the transcript previously.
(j)
					 For hearings of charges filed on or after September 13, 1991, no panel member
					 will be authorized to serve who has not filed with the commissioner a written
					 commitment to commence the hearing on the date specified by the commissioner,
					 and to devote to the hearing not less than three consecutive days beginning
					 with the first day of the hearing. A copy of each such commitment shall be
					 filed within five days after the selection of each panel member.