§ 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.\nAll charges against a person enjoying the benefits of tenure as provided\nin subdivision three of section eleven hundred two, and sections\ntwenty-five hundred nine, twenty-five hundred seventy-three, twenty-five\nhundred ninety-j, three thousand twelve and three thousand fourteen of\nthis chapter shall be in writing and filed with the clerk or secretary\nof the school district or employing board during the period between the\nactual opening and closing of the school year for which the employed is\nnormally required to serve. Except as provided in subdivision eight of\nsection twenty-five hundred seventy-three and subdivision seven of\nsection twenty-five hundred ninety-j of this chapter, no charges under\nthis section shall be brought more than three years after the occurrence\nof the alleged incompetency or misconduct, except when the charge is of\nmisconduct constituting a crime when committed.\n 2. Disposition of charges. a. Upon receipt of the charges, the clerk\nor secretary of the school district or employing board shall immediately\nnotify said board thereof. Within five days after receipt of charges,\nthe employing board, in executive session, shall determine, by a vote of\na majority of all the members of such board, whether probable cause\nexists to bring a disciplinary proceeding against an employee pursuant\nto this section. If such determination is affirmative, a written\nstatement specifying (i) the charges in detail, (ii) the maximum penalty\nwhich will be imposed by the board if the employee does not request a\nhearing or that will be sought by the board if the employee is found\nguilty of the charges after a hearing and (iii) the employee's rights\nunder this section, shall be immediately forwarded to the accused\nemployee by certified or registered mail, return receipt requested or by\npersonal delivery to the employee.\n b. The employee may be suspended pending a hearing on the charges and\nthe final determination thereof. The suspension shall be with pay,\nexcept the employee may be suspended without pay if the employee has\nentered a guilty plea to or has been convicted of a felony crime\nconcerning the criminal sale or possession of a controlled substance, a\nprecursor of a controlled substance, or drug paraphernalia as defined in\narticle two hundred twenty or two hundred twenty-one of the penal law;\nor a felony crime involving the physical abuse of a minor or student.\n c. Where charges of misconduct constituting physical or sexual abuse\nof a student are brought on or after July first, two thousand fifteen,\nthe board of education may suspend the employee without pay pending an\nexpedited hearing pursuant to subparagraph (i-a) of paragraph c of\nsubdivision three of this section. Notwithstanding any other law, rule,\nor regulation to the contrary, the commissioner shall establish a\nprocess in regulations for a probable cause hearing before an impartial\nhearing officer within ten days to determine whether the decision to\nsuspend an employee without pay pursuant to this paragraph should be\ncontinued or reversed. The process for selection of an impartial hearing\nofficer shall be as similar as possible to the regulatory framework for\nthe appointment of an impartial hearing officer for due process\ncomplaints pursuant to section forty-four hundred four of this chapter.\nThe hearing officer shall determine whether probable cause supports the\ncharges and shall reverse the decision of the board of education to\nsuspend the employee without pay and reinstate such pay upon a finding\nthat probable cause does not support the charges. The hearing officer\nmay also reinstate pay upon a written determination that a suspension\nwithout pay is grossly disproportionate in light of all surrounding\ncircumstances. Provided, further, that such an employee shall be\neligible to receive reimbursement for withheld pay and accrued interest\nat
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