80 Ill. Adm. Code 302.705
Discharge Hearing
Section 302
Section 302.705Â Discharge
Hearing
Before an agency shall suspend
any certified employee pending decision on discharge or bring charges for
discharge against any certified employee, that agency shall apprise the
employee of the basis for such action and provide the employee an opportunity to
respond to the charges in accordance with the following standards:
a)Â Â Â Â Â Â Â Â The agency will notify the employee in writing of the intended
discharge or suspension pending discharge.
b)Â Â Â Â Â Â Â Â A statement of charges in support of the proposed action, full
and complete to the knowledge of the agency at the time it is drawn, will be
given to the employee, including the name of any known witness and a copy of
any document relevant to the charges.
c)Â Â Â Â Â Â Â Â The employee shall have 5 scheduled working days after receipt
of the charges and prior to the effective date of the suspension or discharge
in which to respond to them orally or in writing.
d)Â Â Â Â Â Â Â Â The employee is entitled to representation in any meeting
either through the collective bargaining representative or in the absence of
such representation by any person or organization.
e)Â Â Â Â Â Â Â Â The employee shall remain in paid status pending the response
but not necessarily permitted to work.
f)Â Â Â Â Â Â Â Â The employee or the employee's representative shall be
permitted access to a designated area or a secure area of the work place to
investigate the charges and, upon request, be provided a copy of other
pertinent documents.
g)Â Â Â Â Â Â Â Â The failure of the employee to respond to the charges within
the time limits shall not bar the agency from proceeding with discharge.
h)Â Â Â Â Â Â Â Â When the investigation of the charges causes them to be
altered in fact, form, context, or reference from those given the employee at
the time the notice of suspension pending discharge was issued and for which
the employee has not had an opportunity to respond, a second notice and
opportunity for response will be given to the employee.
i)Â Â Â Â Â Â Â Â Â The agency head or a designee shall receive the response of
the employee, whether it is oral or written.