Approved: October 10, 2011
IMPARTIAL HEARING OFFICER
SELECTION PROCEDURES
In the event an employee grievance related to employee discipline, termination or workplace safety proceeds to a hearing before an impartial hearing officer, the District Administrator or designee shall identify an impartial hearing officer consistent with the following minimum requirements:
- The hearing officer shall be (1) an attorney who is licensed to practice in the State of Wisconsin; (2) a current or former school administrator who remains licensed by the Department of Public Instruction as either a district administrator or principal, provided the person demonstrates to the satisfaction of the District Administrator sufficient familiarity with the procedures for conducting a fair and impartial hearing; or (3) such other individuals deemed qualified by the School Board provided that the Board, upon recommendation by the District Administrator, affirmatively approves such individual’s alternative qualifications prior to the person serving as a hearing officer.
- If the hearing officer is an attorney, that individual may not be an attorney who (or whose firm) represents the District in some other capacity.
- The hearing officer shall not be an employee of the District.
- Due to their background and experience, hearing officers may be identified based on their suitability to hear grievances over particular issues. (e.g., an individual may be deemed well-qualified to hear a grievance over a “workplace safety” issue, or perhaps well-suited for grievances other than a grievance over a “workplace safety” issue.)
- The hearing officer assigned to any pending grievance must be available to hear the case and render a decision in a timely manner. To the extent that the District has compiled a list of two or more potential impartial hearing officers who the District deems qualified to serve as a hearing officer with respect to any pending grievance, the District Administrator or designee may use a rotational system, random drawing, or similar system to identify the hearing officer who will be contacted first and asked about his/her availability. However, the failure to use such a system shall not be deemed error unless the individual selected as the hearing officer fails to satisfy the statutory requirement of impartiality.
Local Ref.: Policy #527.2 – Employee Grievance
Policy #527.3– Employee Grievance Procedures
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