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Legal Resources | Title 5 |  T5  43711  

Violation of Policy: Hearings.   

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Employee organizations which do not comply with Sections 43703 through 43711 or with campus rules promulgated to implement them may be denied any or all privileges provided for in this policy. The Chancellor or the Chancellor designee, hereinafter referred to as the Reviewing Officer shall determine noncompliance and the extent to which any privileges shah be revoked for employee organizations who have violated the policies established by Sections 43703 through 43711 of this Article. When the Reviewing Officer has reason to believe that a particular employee organization has violated this policy and that withdrawal of privileges may be called for, the Reviewing Officer may undertake an inquiry. In such cases, the Reviewing Officer, shall notify the employee organization in question and the appropriate Chief Executive Officer, of the possible violation. The Reviewing Officer shall arrange a conference; all parties will be given reasonable notice of the time and place of the conference. The conference shall be called to determine whether violations of the policy have occurred and what, if any, sanctions are appropriate. The employee organization shall be advised of the alleged violations of the policy and of the range of sanctions which may be imposed if the violation is found to have occurred. The Reviewing Officer may demand information from the employee organization or any other individual with information concerning the alleged violation. Employee organizations shall have the right of access to all materials upon which the allegations are based and which the Reviewing Officer considers in making his or her decision. The conference shall be conducted in the manner and format directed by the Reviewing Officer. Following the conference at which the Reviewing Officer considers the allegations and information received, the Reviewing Officer shall make a finding of whether a violation has occurred and determine what, if anything, is appropriate. The Reviewing Officer is authorized to restrict or withdraw privileges granted under this policy. In addition, the Reviewing Officer may also make any other provisions consistent with law as may in the Reviewing Officer judgment be appropriate with respect to violations, including recommendations for disciplinary, civil, or criminal actions resulting from alleged violations and withdrawal of any other privileges provided to the employee organizations or their officers and representatives.

Authority cited:

Education Code 66600

Education Code 89030

Education Code 89035

Education Code 89500

Government Code 3568

Reference:

Education Code 89500

(Amended by Register 82, No. 39.)