Section 87675 Of Article 4. Evaluations And Discipline From California Education Code >> Division 7. >> Title 3. >> Part 51. >> Chapter 3. >> Article 4.
87675
. The arbitrator shall conduct proceedings in accordance with
Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of
Title 2 of the Government Code, except that the right of discovery of
the parties shall not be limited to those matters set forth in
Section 11507.6 of the Government Code but shall include the rights
and duties of any party in a civil action brought in a superior court
under Title 4 (commencing with Section 2016.010) of Part 4 of the
Code of Civil Procedure. In all cases, discovery shall be completed
prior to one week before the date set for hearing. The arbitrator
shall determine whether there is cause to dismiss or penalize the
employee. If the arbitrator finds cause, the arbitrator shall
determine whether the employee shall be dismissed, the precise
penalty to be imposed, and whether the decision should be imposed
immediately or postponed pursuant to Section 87672.
No witness shall be permitted to testify at the hearing except
upon oath or affirmation. No testimony shall be given or evidence
introduced relating to matters that occurred more than four years
prior to the date of the filing of the notice. Evidence of records
regularly kept by the governing board concerning the employee may be
introduced, but no decision relating to the dismissal or suspension
of any employee shall be made based on charges or evidence of any
nature relating to matters occurring more than four years prior to
the filing of the notice.