§ 15.1-15-08 — Discharge for cause - Hearing

1. If the board of a school district contemplates the discharge for cause of an individual
employed as a teacher, a principal, or as an assistant or associate superintendent
before the expiration of the individual's contract, the board shall petition the director of
the office of administrative hearings for appointment of an administrative law judge to
preside over the hearing. The administrative law judge shall set the time and place of
the hearing, direct the board to publish notice of the hearing, and direct the board to
provide to the individual a list of charges at least five days before the hearing.
2. Except as otherwise provided in this section, the hearing must be conducted in
accordance with chapter 28-32.
3. Unless otherwise agreed to by the board and the individual, the administrative law
judge shall close the hearing, except for the parties, their legal representatives,
witnesses, three invitees requested by the individual, and three invitees requested by
the board.
4. The individual subject to the discharge may request one continuance. If a continuance
is requested, the administrative law judge shall grant the continuance not in excess of
seven days. Upon a showing of good cause by the individual, the administrative law
judge may grant a continuance in excess of seven days.
5. No cause of action for libel or slander may be brought regarding any communication
made in an executive session of the board held for the purposes provided in this
section.
6. At the conclusion of the hearing, the administrative law judge shall provide all evidence
presented at the hearing to the board in order that the board may make a
determination regarding the discharge.
7. A determination of the board under this section may be appealed to the district court.
8. All costs of the services provided by the administrative law judge, including
reimbursement for expenses, are the responsibility of the board.