124-3-04. Laches

(A) Employees shall not be disciplined for acts which have been known or should have been known to the appointing authority more than two years prior to the issuance of a "section 124.34 order."

(1) Whether an appointing authority knew or should have known of the occurrence of events giving rise to disciplinary action is a question of fact to be determined by the board.

(2) The length of time between the occurrence of the action, the appointing authority's knowledge of the incident, and the imposition of discipline will be factors in the board's determination of the appropriateness of the disciplinary action.

(B) This rule does not bar discipline based upon a criminal conviction, less than two years old, although the incidents giving rise to such conviction occurred more than two years prior to the imposition of discipline.

R.C. 119.032 review dates: 02/10/2014 and 02/10/2019
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03 , 124.34, 124.56, 4167.13
Prior Effective Dates: 7/9/79, 2/14/86

Prior History: (R.C. 119.032 review dates: 02/27/2013 and 02/27/2018
Promulgated Under: 119.03
Statutory Authority: 124.03
Rule Amplifies: 124.03, 124.34, 124.56, 4167.13
Prior Effective Dates: 7/9/79, 2/14/86)