Agenda Item #73
Title
Approval of Recommended Order Rendered by the Administrative Law Judge in the Matter of MCSB v. Alaine S. Chevalier (MCSB Case No. 09-0004/DOAH Case No. 09-1972) and Denial of Respondent’s Exceptions to Recommended Order - p.102
Executive Summary
On August 4 and 5, 2009, this matter was heard by an Administrative Law Judge (ALJ) of the Division of Administrative Hearings. On November 17, 2009, the ALJ rendered a Recommended Order to this Board. The ALJ found that Ms. Chevalier slapped a student on the leg with sufficient force to leave a mark. The ALJ recommended that Ms. Chevalier’s employment be terminated. On December 3 2009, the Employee filed her exceptions to the Recommended Order with the Agency Clerk.
The Board must consider Respondent’s exceptions to the Recommended Order of the ALJ and enter a final order that decides the case and rules upon the exceptions. The attorneys representing the parties will each have fifteen (15) minutes to address the Board regarding their respective positions. The Superintendent's attorney will go first and may reserve time for rebuttal. The Board will vote on a final order.
Recommendation
Motion and approval to adopt the Administrative Law Judge’s Recommended Order and reject Respondent’s exceptions.
Financial Impact
If the Employee is reinstated, the Employee may be awarded back pay for the period of the suspension.
Contact
Legal Department
TMG/mjb
12/14/09
Attachment: Chevalier - Recommended Order from ALJ 11-19-09 2.pdf
Attachment: Chevalier - Respondents Exceptions to Recommended Order 12-3-09.pdf
Attachment: Chevalier - Petitioners Response re Exceptions 12-11-09.pdf
Attachment: Chevalier - Letter from ALJ 11-19-09.pdf