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. 9.6.4.1 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. 9.6.4.2 The burden of proof that adequate cause exists rests with the University and will be satisfied in dismissal cases only by clear and convincing evidence in the record considered as a whole. For lesser proposed discipline, the standard shall be preponderance of the evidence. 9.6.4.3 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. 9.6.4.4 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. 9.6.4.5 The Administration and/or its representative and the Faculty Member and/or his/her representative may make opening statements. 9.6.4.6 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. 9.6.4.7 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. 9.6.4.8 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. 9.6.4.9 The Administration and the Faculty Member may present only that rebuttal evidence which has direct bearing on previously submitted evidence. 9.6.4.10 The Administration and/or its representative and the Faculty Member and/or his/her representative may make closing statements. 9.6.4.11 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 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
