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7.11 Hearing Procedures for Grievances

Approved by Academic Council, Administration

When a hearing is called for by section 7.10.6, the Grievance Committee shall comply with the procedures described in this section.

7.11.1 A hearing shall be held by a panel consisting of three members drawn from among the members and former members of the Grievance Committee described in section 7.10.2 above, excluding those who have served on the Advisory Committee in the matter and those who are disqualified from participating. The Chair of the Grievance Committee shall name the members of the hearing panel and shall rule upon any suggestion by a party that a member or members of the proposed panel should be excluded for cause. Each party to the grievance shall then have the opportunity to exclude one member without stated cause. Replacements for excused members shall be chosen by the Chair of the Grievance Committee from the remaining members and former members of the Grievance Committee who are eligible to serve. The hearing panel shall choose its own Chair.

7.11.2 The principal responsibilities of the hearing panel are to develop a record, to make findings based on the record, and to forward its recommendation to the Provost. Unless an extension is granted by the Chair of the Grievance Committee upon a showing of good cause, the hearing panel shall begin the hearing within 60 days of the referral of a matter to it.

7.11.3 A hearing panel shall not be bound by formal rules of evidence.

7.11.4 The faculty member bringing the grievance shall have the burden of proving it. Both the faculty member and the University shall be permitted to present evidence, to examine all evidence presented, to confront and question all witnesses, and to present arguments orally and in writing. The faculty member may act on his or her own behalf, or may utilize the assistance of another faculty member. The Provost shall designate the University employee or employees who will participate on behalf of the University. Proceedings shall be tape recorded. Absent the agreement of the parties, the hearing shall be open only to those directly involved in the proceedings.

7.11.5 After the hearing, the panel shall promptly prepare a report containing its findings, conclusions, and recommendation, which shall be transmitted to the parties, to the Provost, and to the Chair of the Grievance Committee. Unless an extension is granted by the Chair of the Grievance Committee upon a showing of good cause, the hearing panel shall forward its report within 30 days of the end of the hearing.

7.11.6 The Provost shall review the panel’s report and decide upon the action to be taken. The Provost shall implement the recommendation of the hearing panel unless the Provost finds compelling reasons for adopting a different result. In such an event, the Provost shall issue a written decision stating the considerations that justify departing from the recommendation of the hearing panel.