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Legal Resources | Education Code |  EC  88126  

Commission sustains employee   

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If the commission sustains the employee, it may order paid all or part of his or her full compensation from the time of suspension, demotion, or dismissal, and it shall order his or her reinstatement upon terms and conditions that it deems appropriate. The commission may modify the disciplinary action, but may not make the action more stringent than that approved by the board. In addition, the commission may direct any other action that it finds necessary to effect a just settlement of the appeal, including, but not limited to, compensation for all or part of the legitimate expenses incurred in pursuit of the appeal, seniority credit for off-duty time pending reinstatement, transfer or change of location of the employee, and expunction from the employee's personnel record of disciplinary actions, cause, and charges that were not sustained by the commission. Upon receipt of the commission's written decision, the board shall comply with its provisions. When the board has fully complied with the commission's decision, it shall so notify the commission in writing.

(Amended by Stats. 1995, Ch. 758, Sec. 221.)