Common use of Composition of Panel and Conduct of Hearing Clause in Contracts

Composition of Panel and Conduct of Hearing. AAUP and Administration representatives may act as observers or participants at suspension and dismissal hearings in front of the Grievance Panel. 9.3.6.1 At a full hearing before a Grievance Panel the charges shall be presented by a representative of the Administration, who may be an attorney. The Faculty Member may also have a representative, who may be an attorney. The hearing, however, is not considered a court of law, and formal rules of evidence do not apply. 9.3.6.2 The burden of proof that adequate cause exists rests with the University and will be satisfied in dismissal cases only by clear and convincing 9.3.6.3 The Grievance Panel shall consist of five (5) members of the Grievance Committee selected as described in Article 8. 5.1. In cases involving dismissal, all persons serving on the Grievance Panel must hold faculty titles. 9.3.6.4 Other than the parties or their representatives, there shall be a separation of witnesses so that only one witness at a time may be present in the hearing room. 9.3.6.5 The Administration and/or its representative and the Faculty Member and/or his/her representative may make opening statements. 9.3.6.6 The Administration shall proceed first. After each Administration witness testifies, the Faculty Member and/or his/her representative may question the witness. The Administration and the Faculty Member and/or their representatives may subsequently alternate with follow-up questions. 9.3.6.7 Upon completion of the Administration's presentation, the Faculty Member may proceed. After each Faculty Member's witness testifies, the Administration and/or its representative may question the witness. The Faculty Member and/or his/her representative and the Administration may subsequently alternate with follow-up questions. 9.3.6.8 Participants shall confine their presentations to facts relevant to the charges. The Panel chairperson is authorized to determine whether a particular fact is relevant to the charges. 9.3.6.9 The Administration and the Faculty Member may present only that rebuttal evidence which has direct bearing on previously submitted evidence. 9.3.6.10 The Administration and/or its representative and the Faculty Member and/or his/her representative may make closing statements. 9.3.6.11 The Grievance Panel may use its discretion in setting procedures for conduct of the hearing, such as reasonable limits on the time available to both the Faculty Member and the Administration for questioning witnesses, provided that both the Faculty Member and the Administration are treated equitably and that the rights of both are protected.

Appears in 5 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Composition of Panel and Conduct of Hearing. AAUP and Administration representatives may act as observers or participants at suspension and dismissal hearings in front of the Grievance Panel. 9.3.6.1 At a full hearing before a Grievance Panel the charges shall be presented by a representative of the AdministrationPresident, who may be an attorney. The Faculty Member may also have a representative, who may be an attorney. The hearing, however, is not considered a court of law, and formal rules of evidence do not apply. 9.3.6.2 The burden of proof that adequate cause exists rests with the University and will be satisfied in dismissal cases only by clear and convincingconvincing evidence in the record considered as a whole. 9.3.6.3 The Grievance Panel shall consist of five (5) members of the Grievance Committee selected as described in Article 8. 5.1. In cases involving dismissal, all persons serving on the Grievance Panel must hold faculty titles. 9.3.6.4 Other than the parties or their representatives, there shall be a separation of witnesses so that only one witness at a time may be present in the hearing room. 9.3.6.5 The Administration and/or its representative counsel and the Faculty Member and/or his/her representative counsel may make opening statements. 9.3.6.6 The Administration shall proceed first. After each Administration witness testifies, the Faculty Member and/or his/her representative counsel may question the witness. The Administration and the Faculty Member and/or their representatives counsel may subsequently alternate with follow-up questions. 9.3.6.7 Upon completion of the Administration's presentation, the Faculty Member may proceed. After each Faculty Member's witness testifies, the Administration and/or its representative may question the witness. The Faculty Member and/or his/her representative and the Administration may subsequently alternate with follow-up questions.the 9.3.6.8 Participants shall confine their presentations to facts relevant to the charges. The Panel chairperson is authorized to determine whether a particular fact is relevant to the charges. 9.3.6.9 The Administration and the Faculty Member may present only that rebuttal evidence which has direct bearing on previously submitted evidence. 9.3.6.10 The Administration and/or its representative counsel and the Faculty Member and/or his/her representative counsel may make closing statements. 9.3.6.11 The Grievance Panel may use its discretion in setting procedures for conduct of the hearing, such as reasonable limits on the time available to both the Faculty Member and the Administration for questioning witnesses, provided that both the Faculty Member and the Administration are treated equitably and that the rights of both are protected. 9.3.6.12 Within fourteen (14) days after the hearing, the Panel Chair shall deliver the Panel’s written decision and a copy of the record of the hearing to the President, the University Contract Administrator, the Faculty Member, and the AAUP.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

Composition of Panel and Conduct of Hearing. AAUP and Administration representatives may act as observers or participants at suspension and dismissal hearings in front of the Grievance Panel. 9.3.6.1 9.3.7.1 At a full evidentiary hearing before a Grievance Panel the charges shall be presented by a representative of the AdministrationPresident, who may be an attorney. The Faculty Member may also have a representative, who may be an attorney. The hearing, however, is not considered a court of law, and formal rules of evidence do not apply. 9.3.6.2 9.3.7.2 The burden of proof that adequate cause exists rests with the University and will be satisfied in dismissal cases only by clear and convincingconvincing evidence in the record considered as a whole. 9.3.6.3 9.3.7.3 The Grievance Panel shall consist of five seven (57) members of the Grievance Committee selected as described in Article 8. 5.1. In cases involving dismissal, all persons serving on the Grievance Panel must hold faculty titles. 9.3.6.4 9.3.7.4 Other than the parties or their representatives, there shall be a separation of witnesses so that only one witness at a time may be present in the hearing room. 9.3.6.5 9.3.7.5 The Administration and/or its representative counsel and the Faculty Member and/or his/her representative counsel may make opening statements. 9.3.6.6 9.3.7.6 The Administration shall proceed first. After each Administration witness testifies, the Faculty Member and/or his/her representative counsel may question the witness. The Administration and the Faculty Member and/or their representatives may subsequently alternate with follow-up questions. 9.3.6.7 9.3.7.7 Upon completion of the Administration's presentation, the Faculty Member may proceed. After each Faculty Member's witness testifies, the Administration and/or its representative counsel may question the witness. The Faculty Member and/or his/her representative and the Administration may subsequently alternate with follow-up questions. 9.3.6.8 9.3.7.8 Participants shall confine their presentations to facts relevant to the charges. The Panel chairperson is authorized to determine whether a particular fact is relevant to the charges.Panel 9.3.6.9 9.3.7.9 The Administration and the Faculty Member may present only that rebuttal evidence which has direct bearing on previously submitted evidence. 9.3.6.10 9.3.7.10 The Administration and/or its representative counsel and the Faculty Member and/or his/her representative counsel may make closing statements. 9.3.6.11 The 9.3.7.11 Other procedures employed at the hearing shall be within the discretion of the Grievance Panel may use its discretion in setting procedures for conduct but shall ensure that the rights of the hearing, such as reasonable limits on the time available to both the Faculty Member and the Administration for questioning witnesses, provided that both the Faculty Member and the Administration are treated equitably and that the rights of both are protected. 9.3.7.12 Within fourteen (14) days after the hearing, the President, the Faculty Member and the AAUP will be notified of the Grievance Panel decision and will be given a copy of the record of the hearing. AAUP and Administration representatives will act as observers at dismissal hearings in front of the Grievance Panel.

Appears in 1 contract

Samples: Collective Bargaining Agreement

Composition of Panel and Conduct of Hearing. AAUP and Administration representatives may act as observers or participants at suspension and dismissal hearings in front of the Grievance Panel. 9.3.6.1 At a full hearing before a Grievance Panel the charges shall be presented by a representative of the AdministrationPresident, who may be an attorney. The Faculty Member may also have a representative, who may be an attorney. The hearing, however, is not considered a court of law, and formal rules of evidence do not apply. 9.3.6.2 The burden of proof that adequate cause exists rests with the University and will be satisfied in dismissal cases only by clear and convincingconvincing evidence in the record considered as a whole. 9.3.6.3 The Grievance Panel shall consist of five seven (57) members of the Grievance Committee selected as described in Article 8. 5.1. In cases involving dismissal, all persons serving on the Grievance Panel must hold faculty titles. 9.3.6.4 Other than the parties or their representatives, there shall be a separation of witnesses so that only one witness at a time may be present in the hearing room. 9.3.6.5 The Administration and/or its representative counsel and the Faculty Member and/or his/her representative counsel may make opening statements. 9.3.6.6 The Administration shall proceed first. After each Administration witness testifies, the Faculty Member and/or his/her representative counsel may question the witness. The Administration and the Faculty Member and/or their representatives counsel may subsequently alternate with follow-up questions. 9.3.6.7 Upon completion of the Administration's presentation, the Faculty Member may proceed. After each Faculty Member's witness testifies, the Administration and/or its representative counsel may question the witness. The Faculty Member and/or his/her representative and the Administration may subsequently alternate with follow-up questions.counsel 9.3.6.8 Participants shall confine their presentations to facts relevant to the charges. The Panel chairperson is authorized to determine whether a particular fact is relevant to the charges. 9.3.6.9 The Administration and the Faculty Member may present only that rebuttal evidence which has direct bearing on previously submitted evidence. 9.3.6.10 The Administration and/or its representative counsel and the Faculty Member and/or his/her representative counsel may make closing statements. 9.3.6.11 The Grievance Panel may use its discretion in setting procedures for conduct of the hearing, such as reasonable limits on the time available to both the Faculty Member and the Administration for questioning witnesses, provided that both the Faculty Member and the Administration are treated equitably and that the rights of both are protected. 9.3.6.12 Within fourteen (14) days after the hearing, the Panel Chair shall deliver the Panel’s written decision and a copy of the record of the hearing to the President, the University Contract Administrator, the Faculty Member, and the AAUP.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Composition of Panel and Conduct of Hearing. AAUP and Administration representatives may act as observers or participants at suspension and dismissal hearings in front of the Grievance Panel. 9.3.6.1 At a full hearing before a Grievance Panel the charges shall be presented by a representative of the AdministrationPresident, who may be an attorney. The Faculty Member may also have a representative, who may be an attorney. The hearing, however, is not considered a court of law, and formal rules of evidence do not apply. 9.3.6.2 The burden of proof that adequate cause exists rests with the University and will be satisfied in dismissal cases only by clear and convincingconvincing evidence in the record considered as a whole. 9.3.6.3 The Grievance Panel shall consist of five seven (57) members of the Grievance Committee selected as described in Article 8. 5.1. In cases involving dismissal, all persons serving on the Grievance Panel must hold faculty titles. 9.3.6.4 Other than the parties or their representatives, there shall be a separation of witnesses so that only one witness at a time may be present in the hearing room. 9.3.6.5 The Administration and/or its representative counsel and the Faculty Member and/or his/her representative counsel may make opening statements. 9.3.6.6 The Administration shall proceed first. After each Administration witness testifies, the Faculty Member and/or his/her representative counsel may question the witness. The Administration and the Faculty Member and/or their representatives counsel may subsequently alternate with follow-up questions. 9.3.6.7 Upon completion of the Administration's presentation, the Faculty Member may proceed. After each Faculty Member's witness testifies, the Administration and/or its representative may question the witness. The Faculty Member and/or his/her representative and the Administration may subsequently alternate with follow-up questions.the 9.3.6.8 Participants shall confine their presentations to facts relevant to the charges. The Panel chairperson is authorized to determine whether a particular fact is relevant to the charges. 9.3.6.9 The Administration and the Faculty Member may present only that rebuttal evidence which has direct bearing on previously submitted evidence. 9.3.6.10 The Administration and/or its representative counsel and the Faculty Member and/or his/her representative counsel may make closing statements. 9.3.6.11 The Grievance Panel may use its discretion in setting procedures for conduct of the hearing, such as reasonable limits on the time available to both the Faculty Member and the Administration for questioning witnesses, provided that both the Faculty Member and the Administration are treated equitably and that the rights of both are protected. 9.3.6.12 Within fourteen (14) days after the hearing, the Panel Chair shall deliver the Panel’s written decision and a copy of the record of the hearing to the President, the University Contract Administrator, the Faculty Member, and the AAUP.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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