(1) Except as
otherwise provided in subsection (11) of this section, a teacher shall be dismissed in
the manner prescribed by subsections (2) to (10) of this section.
(2) The chief administrative officer of the employing school district may
recommend that the board dismiss a teacher based upon one or more of the
grounds stated in section 22-63-301. If such a recommendation is made to the
board, the chief administrative officer, within three days after the board meeting at
which the recommendation is made, shall mail a written notice of intent to dismiss
to the teacher. The notice of intent to dismiss shall include a copy of the reasons for
dismissal, a copy of this article, and all exhibits which the chief administrative
officer intends to submit in support of his or her prima facie case against the
teacher including a list of witnesses to be called by the chief administrative officer,
addresses and telephone numbers of the witnesses, and all pertinent
documentation in the possession of the chief administrative officer relative to the
circumstances surrounding the charges. Additional witnesses and exhibits in
support of the chief administrative officer's prima facie case may be added as
provided in subsection (6) of this section. The notice and copy of the charges shall
be sent by certified mail to said teacher at his or her address last known to the
secretary of the board. The notice shall advise the teacher of his or her rights and
the procedures under this section.
(3) If a teacher objects to the grounds given for the dismissal, the teacher
may file with the chief administrative officer a written notice of objection and a
request for a hearing. Such written notice shall be filed within five working days
after receipt by the teacher of the notice of dismissal. If the teacher fails to file the
written notice within said time, such failure shall be deemed to be a waiver of the
right to a hearing and the dismissal shall be final; except that the board of
education may grant a hearing upon a determination that the failure to file written
notice for a hearing was due to good cause. If the teacher files a written notice of
objection, the teacher shall continue to receive regular compensation from the time
the board received the dismissal recommendation from the chief administrative
officer pursuant to subsection (2) of this section until the board acts on the hearing
officer's recommendation pursuant to subsection (9) of this section, but in no event
beyond one hundred days; except that the teacher shall not receive regular
compensation upon being charged criminally with an offense for which a license,
certificate, endorsement, or authorization is required to be denied, annulled,
suspended, or revoked due to a conviction, pursuant to section 22-60.5-107 (2.5) or
(2.6). If the final disposition of the case does not result in a conviction and the
teacher has not been dismissed pursuant to the provisions of this section, the board
shall reinstate the teacher, effective as of the date of the final disposition of the
case. Within ten days after the reinstatement, the board shall provide the teacher
with back pay and lost benefits and shall restore lost service credit.
(4) (a) If the teacher requests a hearing, it shall be conducted before an
impartial hearing officer selected jointly by the teacher and the chief administrative
officer. The hearing officer shall be selected no later than five working days
following the receipt by the chief administrative officer of the teacher's written
notice of objection. If the teacher and the chief administrative officer fail to agree
on the selection of a hearing officer, they shall request assignment of an
administrative law judge by the department of personnel to act as the hearing
officer.
(b) Hearing officers shall be impartial individuals with experience in the
conducting of hearings and with experience in labor or employment matters.
(c) Expenses of the hearing officer shall be paid from funds of the school
district.
(5) (a) Within three working days after selection, the hearing officer shall set
the date of the prehearing conference and the date of the hearing, which shall
commence within the following thirty days. The hearing officer shall give the
teacher and the chief administrative officer written notice of the dates for the
prehearing conference and for the hearing including the time and the place
therefor.
(b) One of the purposes of the prehearing conference shall be to limit, to the
extent possible, the amount of evidence to be presented at the hearing.
(c) The parties and their counsel shall be required to attend the prehearing
conference with the hearing officer.
(6) (a) Within ten days after selection of the hearing officer, the teacher shall
provide to the chief administrative officer a copy of all exhibits to be presented at
the hearing and a list of all witnesses to be called, including the addresses and
telephone numbers of the witnesses. Within seven days after the teacher submits
his or her exhibits and witness list, the chief administrative officer and the teacher
may supplement their exhibits and witness lists. After completion of the seven-day
period, additional witnesses and exhibits may not be added except upon a showing
of good cause.
(b) Neither party shall be allowed to take depositions of the other party's
witnesses or to submit interrogatories to the other party. The affidavit of a witness
may be introduced into evidence if such witness is unavailable at the time of the
hearing.
(7) (a) Hearings held pursuant to this section shall be open to the public
unless either the teacher or the chief administrative officer requests a private
hearing before the hearing officer, but no findings of fact or recommendations shall
be adopted by the hearing officer in any private hearing. The procedures for the
conduct of the hearing shall be informal, and rules of evidence shall not be strictly
applied except as necessitated in the opinion of the hearing officer; except that the
hearing officer shall comply with the Colorado rules of evidence in excluding
hearsay testimony.
(b) The hearing officer may receive or reject evidence and testimony,
administer oaths, and, if necessary, subpoena witnesses.
(c) At any hearing, the teacher has the right to appear in person with or
without counsel, to be heard and to present testimony of witnesses and all evidence
bearing upon his proposed dismissal, and to cross-examine witnesses. By entering
an appearance on behalf of the teacher or the chief administrative officer, counsel
agrees to be prepared to commence the hearing within the time limitations of this
section and to proceed expeditiously once the hearing has begun. All school district
records pertaining to the teacher shall be made available for the use of the hearing
officer or the teacher.
(d) An audiotaped record shall be made of the hearing, and, if the teacher
files an action for review pursuant to the provisions of subsection (10) of this
section, the teacher and the school district shall share equally in the cost of
transcribing the record; except that, if a party is awarded attorney fees and costs
pursuant to paragraph (e) of subsection (10) of this section, that party shall be
reimbursed for that party's share of the transcript costs by the party against whom
attorney fees and costs were awarded.
(e) Any hearing held pursuant to the provisions of this section shall be
completed within six working days after commencement, unless extended by the
hearing officer on a showing of good cause, and neither party shall have more than
three days to present its case in chief. Neither party may present more than ten
witnesses at the hearing, except upon a showing of good cause.
(8) The chief administrative officer shall have the burden of proving that the
recommendation for the dismissal of the teacher was for the reasons given in the
notice of dismissal and that the dismissal was made in accordance with the
provisions of this article. Where unsatisfactory performance is a ground for
dismissal, the chief administrative officer shall establish that the teacher had been
evaluated pursuant to the written system to evaluate licensed personnel adopted
by the school district pursuant to section 22-9-106. The hearing officer shall review
the evidence and testimony and make written findings of fact thereon. The hearing
officer shall make only one of the two following recommendations: The teacher be
dismissed or the teacher be retained. A recommendation to retain a teacher shall
not include any conditions on retention. The findings of fact and the
recommendation shall be issued by the hearing officer not later than twenty days
after the conclusion of the hearing and shall be forwarded to said teacher and to
the board.
(9) The board shall review the hearing officer's findings of fact and
recommendation, and it shall enter its written order within twenty days after the
date of the hearing officer's findings and recommendation. The board shall take one
of the three following actions: The teacher be dismissed; the teacher be retained; or
the teacher be placed on a one-year probation; but, if the board dismisses the
teacher over the hearing officer's recommendation of retention, the board shall
make a conclusion, giving its reasons therefor, which must be supported by the
hearing officer's findings of fact, and such conclusion and reasons shall be included
in its written order. The secretary of the board shall cause a copy of said order to be
given immediately to the teacher and a copy to be entered into the teacher's local
file.
(10) (a) If the board dismisses the teacher pursuant to the provisions of
subsection (9) of this section, the teacher may file an action for review in the court
of appeals in accordance with the provisions of this subsection (10), in which action
the board shall be made the party defendant. Such action for review shall be heard
in an expedited manner and shall be given precedence over all other civil cases,
except cases arising under the Workers' Compensation Act of Colorado, articles
40 to 47 of title 8, C.R.S., and cases arising under the Colorado Employment
Security Act, articles 70 to 82 of title 8, C.R.S.
(b) An action for review shall be commenced by the service of a copy of the
petition upon the board of the school district and filing the same with the court of
appeals within twenty-one days after the written order of dismissal made by the
board. The petition shall state the grounds upon which the review is sought. After
the filing of the action for review in the court of appeals, such action shall be
conducted in the manner prescribed by rule 3.1 of the Colorado appellate rules.
(c) The action for review shall be based upon the record before the hearing
officer. The court of appeals shall review such record to determine whether the
action of the board was arbitrary or capricious or was legally impermissible.
(d) In the action for review, if the court of appeals finds a substantial
irregularity or error made during the hearing before the hearing officer, the court
may remand the case for further hearing.
(e) Upon request of the teacher, if the teacher is ordered reinstated by the
court of appeals, or upon request of the board, if the board's decision to dismiss the
teacher is affirmed by the court of appeals, the court of appeals shall determine
whether the nonprevailing party's appeal or defense on appeal lacked substantial
justification. If the court of appeals determines that the nonprevailing party's
appeal or defense on appeal lacked substantial justification, the court of appeals
shall determine the amount of and enter a judgment against the nonprevailing party
for reasonable attorney fees and costs incurred on appeal to the court of appeals.
Any judgment entered pursuant to this paragraph (e) may be subject to stay as
provided in rule 41 of the Colorado appellate rules.
(f) Further appeal to the supreme court from a determination of the court of
appeals may be made only upon a writ of certiorari issued in the discretion of the
supreme court. Upon request of the teacher, if the teacher is ordered reinstated by
the supreme court, or upon motion of the board, if the board's decision to dismiss is
affirmed by the supreme court, the supreme court shall determine whether the
nonprevailing party's appeal or defense on appeal to the supreme court lacked
substantial justification. If the supreme court determines that the nonprevailing
party's appeal or defense on appeal to the supreme court lacked substantial
justification, the court shall determine the amount of and enter a judgment against
the nonprevailing party for reasonable attorney fees and costs incurred on appeal
to the supreme court. Any judgment entered pursuant to this paragraph (f) may be
subject to stay as provided in rule 41 of the Colorado appellate rules.
(11) (a) The board of a school district may take immediate action to dismiss a
teacher, without a hearing, notwithstanding subsections (2) to (10) of this section,
pending the final outcome of judicial review or when the time for seeking review has
elapsed, when the teacher is convicted, pleads nolo contendere, or receives a
deferred sentence for:
(I) A violation of any law of this state or any counterpart municipal law of this
state involving unlawful behavior pursuant to any of the following statutory
provisions: Sections 18-3-305, 18-6-302, and 18-6-701, C.R.S., or section 18-6-301,
C.R.S., or part 4 of article 3, part 4 of article 6, and part 4 of article 7 of title 18,
C.R.S.; or
(II) A violation of any law of this state, any municipality of this state, or the
United States involving the illegal sale of controlled substances, as defined in
section 18-18-102 (5), C.R.S.
(b) A certified copy of the judgment of a court of competent jurisdiction of a
conviction, the acceptance of a guilty plea, a plea of nolo contendere, or a deferred
sentence shall be conclusive evidence for the purposes of this subsection (11).