D.C. Mun. Regs. tit. 5, r. 5-E1406

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 5-E1406 - APPEAL TO THE SUPERINTENDENT OF SCHOOLS

1406.1

An employee shall have the right to appeal a dismissal, demotion for cause, or suspension for more than thirty (30) days to the Superintendent of Schools and receive a hearing on the appeal pursuant to the provisions of this section, except in the following instances:

(a) An employee with temporary or probationary status may appeal to the Superintendent of Schools, pursuant to procedures established by the Superintendent; however, the appeal shall not include the right to a formal hearing under this section;

(b) An employee who alleges that the adverse action is being taken for discriminatory reasons in violation of the human rights laws of the District of Columbia (D.C. Law 2-38, as amende(d) shall take an appeal to the D.C. Office of Human Rights, pursuant to the rules and procedures established by that office; and

(c) An employee who has appeal rights to another governmental agency under any statute of the United States or District of Columbia, and who elects to exercise those appeal rights, shall be deemed to have waived all appeal rights under this chapter.

1406.2

An appeal to the Superintendent of Schools shall be granted upon the timely filing of a written request for a hearing.

1406.3

A request for hearing shall be filed with the Superintendent of Schools or the Superintendent's designee not later than ten (10) days after the receipt of the notice of adverse action by the employee.

1406.4

Failure to file a timely request for a hearing shall constitute a waiver of the right to appeal the adverse action.

1406.5

The time limit for filing a request for a hearing, as set forth in this section, may be extended by the Superintendent of Schools or the Superintendent's designee as follows:

(a) Upon a showing by the employee or the employee's representative that he or she was not properly notified of the time limit for filing the request and was not otherwise aware of it; or

(b) Upon a showing that the employee was prevented from filing a timely request by circumstances beyond his or her control.

1406.6

If the request for extension of time to file an appeal is granted, the extension shall be for five (5) days from the date on which the employee receives notification of the extension.

D.C. Mun. Regs. tit. 5, r. 5-E1406

Final Rulemaking published at 24 DCR 6446, 6482 (February 3, 1978); as amended by Final Rulemaking published at 40 DCR 6892 (October 1, 1993)