SECTION 210:1-5-8. Teacher due process hearings; hearing procedures

(a)   The parties to the hearing are the teacher and the district superintendent or designee and they shall be afforded the following rights at any hearing held pursuant to these regulations.

(1)   The right to be represented.

(2)   The right to present witnesses in person or to present their testimony by interrogatories, affidavits, or depositions as agreed to by the parties. A list of all witnesses and a list of exhibits shall be furnished to the other party at least five (5) days before the hearing.

(3)   The right to cross-examine witnesses.

(4)   The right to testify in his/her own behalf and present evidence and argument on all issues involved.

(5)   The right to have an orderly hearing.

(6)   The right to have an impartial decision based upon the evidence presented.

(b)   The President of the school board, or in case of absence a designee, shall be the presiding officer at the hearing.

(c)   All hearings shall conform to the following:

(1)   Hearings shall be held no sooner than twenty (20) and no later than sixty (60) days after the teacher receives written notification of the recommendation for dismissal or nonreemployment and notice of the opportunity for hearing.

(2)   Hearings held within the scope of these guidelines shall be convened by the President of the board who shall state the purpose of the hearing, introduce the parties and administer the oath to all persons who will testify.

(3)   Upon the request of either party, the Presiding Officer may exclude from the hearing room the witnesses not at the time under examination, except that a party to the proceeding and his/her representative shall not be excluded.

(4)   At the hearing, the burden of proof shall be on the superintendent and the standard of proof shall be by a preponderance of the evidence.

(5)   The local board of education shall maintain a record (including a tape or other electronic or digital recording of the hearing and any documents or evidence presented to the board) for two (2) years from the date of the hearing.

(6)   Informal disposition of any recommendation for dismissal or nonrenewal may be made by written stipulation, agreed settlement, consent order or default.

(d)   The order of procedures shall be:

(1)   Opening statement by superintendent.

(2)   Opening statement by the teacher.

(3)   Presentation of superintendent's evidence, followed by cross-examination of witnesses by teacher.

(4)   Questions by local board members.

(5)   Presentation of teacher's evidence followed by cross-examination of witnesses by superintendent.

(6)   Questions by local board members.

(7)   Presentation of Rebuttal and Surrebuttal Evidence as necessary.

(8)   Closing argument by superintendent.

(9)   Closing argument by teacher.

(10)   Deliberation by local board.

(11)   Vote by local board to accept or reject the superintendent's recommendation and recitation of findings of fact upon which the decision is based.

(e)   Presentation and consideration of evidence shall abide by the following:

(1)   Only evidence which reasonably relates to the issues before the board, as reflected in the notice to the teacher, should be deemed relevant.

(2)   Strict rules of evidence as required by a court of law shall not apply in these hearings.

(3)   Rulings on admissibility of evidence will be made by the Presiding Officer.

(4)   Documentary evidence may be received in the form of copies or excerpts.

(5)   Documentary evidence presented to the board shall be marked with a distinguishing number or letter such as Teacher's Exhibit #1 or Superintendent's Exhibit #1.

(6)   While hearings are open to the public, no questions or statements will be allowed by members of the public attending the hearing except through the parties or their council.

(f)   Decision on hearing will be rendered.

(1)   After due consideration of the evidence and the testimony presented at the hearing, the local board shall decide whether to dismiss or nonreemploy the teacher.

(2)   The board's decision shall be voted in open meeting.

(3)   The decision of the board shall include a recitation of the basic or underlying facts relied upon by the board in reaching its decision.

(4)   The board shall notify the teacher in writing of its decision as set out above by certified mail, restricted delivery, return receipt requested or substitute process as authorized by law within ten (10) business days of the hearing.

(5)   The school board's decision regarding the dismissal or nonreemployment of a teacher is final.

[Source: Amended at 10 Ok Reg 2695, eff 6-25-93; Amended at 13 Ok Reg 65, eff 10-5-95 (emergency); Amended at 13 Ok Reg 1315, eff 5-13-96; Amended at 14 Ok Reg 3297, eff 5-5-97 (emergency); Amended at 15 Ok Reg 2212, eff 6-11-98; Amended at 19 Ok Reg 14, eff 9-12-01 (emergency); Amended at 19 Ok Reg 970, eff 5-13-02; Amended at 21 Ok Reg 183, eff 8-29-03 (emergency); Amended at 21 Ok Reg 1191, eff 5-27-04; Amended at 29 Ok Reg 100, eff 10-7-11 (emergency); Amended at 29 Ok Reg 968, eff 6-26-12]