CASE PROCESSING PROCEDURES;PROCEDURES BEFORE THE BOARD – Unalleged Violations

Single Topic for Decision 1187E

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An unalleged violation can be considered only if it is intimately related to the subject matter of the complaint, is part of the same course of conduct, has been fully litigated, and the parties have had the opportunity to examine and be cross-examined on the issued (Santa Clara Unified School District (1979) PERB Decision No. 104) (Santa Clara USD); p. 3. The failure to meet any of these conditions prevents the Board from considering an unalleged violation (Tahoe-Truckee Unified School District (1988) PERB Decision No. 668; p. 3. The purpose of the Santa Clara USD standard is to insure that the Board decides a case based on an unalleged theory only when it is clear that the parties have been afforded their due process rights. The parties must have adequate notice and opportunity to litigate the issue, including the respondent's opportunity to defend against the The parties must have adequate notice and opportunity to litigate the issue, including the respondent's opportunity to defend against the result; pp. 3-4; where there is virtually no reference to the theory prior to the ALJ's proposed decision, the parties did not have an opportunity to fully litigate the theory.