CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations
Single Topic for Decision 1085E
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1107.04000 – Unalleged Violations
The Board may consider unalleged violations when: (1) the respondent has had adequate notice and an opportunity to defend the charge; (2) the unalleged act(s) intimately relate to the subject matter of the complaint and involve the same course of conduct; and (3) the matter has been fully litigated, meaning the parties have had an opportunity to examine and cross-examine witnesses on the issue; pp. 6-7. Failure to meet any of the above-listed requirements will prevent the Board from considering unalleged conduct as violative of the Act; p. 7. While the information requested by CSEA was discussed as an item of evidence at the hearing before the ALJ, the district did not have adequate notice nor an opportunity to defend, inasmuch as CSEA did not inform the ALJ or the district that the refusal to provide the requested information should be considered a change; p. 7. inform the ALJ or the district that the refusal to provide the requested information should be considered a change; p. 7.