Section 89539 Of Article 2. Appointment, Tenure, Layoff And Dismissal Of Employees From California Education Code >> Division 8. >> Title 3. >> Part 55. >> Chapter 5. >> Article 2.
89539
. (a) (1) Any employee dismissed, suspended, or demoted for
cause may request a hearing by the State Personnel Board by filing a
request, in writing, with the board within 30 days of being served
with the notice.
(2) The request may be on any one or more of the following
grounds:
(A) The required procedure was not followed.
(B) There is no ground for dismissal, suspension, or demotion.
(C) The penalty is excessive, unreasonable, or discriminatory.
(D) The employee did not do the acts or omissions alleged as the
events or transactions upon which the causes are based.
(E) The acts or omissions alleged as the events or transactions
upon which the causes are based were justified.
(b) The State Personnel Board shall hold a hearing, following the
same procedure as in state civil service proceedings, and shall
render a decision affirming, modifying, or revoking the action taken.
In a hearing, the burden of proof shall be on the party taking the
dismissal action.
(c) An administrative employee reassigned pursuant to Section
66609 may request a hearing by the trustees by filing a request for a
hearing, in writing, with the trustees within 30 days of being
served with the notice. The request may be on the grounds that the
required procedure was not followed or that the position to which the
employee is reassigned is not commensurate with his or her
qualifications. The trustees shall hold a hearing, and shall render a
decision affirming, modifying, or revoking the action taken.
(d) The State Personnel Board may bill the California State
University for the costs incurred in conducting hearings involving
employees of the California State University pursuant to Sections
89535 to 89542, inclusive.