CASE PROCESSING PROCEDURES; CHARGE – Dismissal of Charge; Appeal

Single Topic for Decision 2804E

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Charging Party did not appeal Office of the General Counsel’s (OGC) dismissal of the alleged Ralph M. Brown Act violation for lack of jurisdiction, nor the dismissal of the allegations that the school district retaliated against Charging Party by placing her on administrative leave, issuing her a Notice of Intent to Discipline, and placing her on an unpaid suspension, all of which OGC found to be untimely. Accordingly, those allegations were not before the Board on appeal. (p. 2, fn. 2.)

Because the amended charge alleged facts establishing three recognized nexus factors, the Board reversed the dismissal of the allegation that the school district terminated Charging Party’s employment because of her EERA-protected activity and remanded the matter to OGC for issuance of a complaint on that allegation. Although the Board found the charge allegations established three particular nexus factors, Charging Party remained free to introduce all relevant and admissible evidence of nexus at the formal hearing. (p. 17, fn. 7.)