D.C. Mun. Regs. tit. 5, r. 5-E1402

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 5-E1402 - INITIATION OF ADVERSE ACTION AND RIGHT OF APPEAL
1402.1

The Superintendent of Schools or the Superintendent's designee may effect the dismissal, suspension, or demotion for cause of any employee under his or her authority.

1402.2

Delegation of personnel authority to effect adverse actions by the Superintendent of Schools shall be in writing.

1402.3

The Superintendent of Schools shall inform the Board of Education of the following:

(a) All delegations of personnel authority to effect adverse actions;
(b) All adverse actions of dismissal, demotion for cause, and suspension for more than thirty (30) days; and
(c) The results of any appeals taken from the following adverse actions:
(1) Dismissal;
(2) Demotion for cause; and
(3) Suspension for more than thirty (30) days.
1402.4

Appeal from a suspension for thirty (30) days or less shall be taken to the Superintendent of Schools or to an official designated by the Superintendent other than the official effecting the suspension, pursuant to guidelines established by the Superintendent. An appeal from a suspension shall be filed within five (5) days of the effective date of the suspension.

1402.5

Appeal from a dismissal, demotion for cause, or suspension for more than thirty (30) days shall be taken pursuant to the provisions of § 1406.

1402.6

If no appeal is filed within the applicable time limit set forth in § 1402.4 or § 1406, the adverse action effected by the Superintendent or the Superintendent's designee shall be the final administrative agency action of the Board of Education.

1402.7

If a timely appeal is filed pursuant to § 1402.4, the final administrative agency action of the Board of Education shall be taken pursuant to the guidelines established by the Superintendent.

1402.8

If a timely appeal is filed pursuant to § 1406, the final administrative agency action of the Board of Education shall be taken pursuant to § 1409.

1402.9

The effective date of an adverse action shall not be stayed by the filing of a timely appeal.

D.C. Mun. Regs. tit. 5, r. 5-E1402

Final Rulemaking published at 24 DCR 6446, 6478 (February 3, 1978)