Common use of Convening of the Hearing Clause in Contracts

Convening of the Hearing. Within fourteen days after the Xxxxxxx’x decision to proceed, a Hearing Panel shall be appointed, as follows: (1) The Xxxxxxx and the MSP shall conduct a random drawing of the names of all CPC members, placing the names on a roster in order of drawing. This shall be the order in which members will be selected for service on the Hearing Panel. The Hearing Panel shall consist of five tenured faculty members or librarians selected in order from among all CPC members, and two alternate members. The expiration of a member’s term on the CPC shall not affect continued service on a Hearing Panel. (2) No sooner than one week after the circulation of the ordered roster, the first ten CPC members on the ordered roster who are not members of the CPC of the college of the charged individual shall meet in the presence of the parties to select the Hearing Panel. (3) Any potential Hearing Panel member may request in writing that he or she be excused for appropriate reason. Requests to be excused shall be the first order of business during the meeting referenced above. The remaining members shall, if necessary, question a member requesting an excuse and then decide whether to grant the excuse. The remaining members shall select one member who will question each potential Hearing Panel member as to the extent of his or her personal or professional relationships with either party, and whether there is any reason he or she would be unable to hear the case fairly and impartially and render a fair and impartial recommendation. Additional questions may be submitted by the parties to the member conducting the questioning. Any members not excused shall have the opportunity to suggest further questions to be asked. The member conducting the questioning may disallow any questions on grounds of lack of relevance. Another member will be selected to question the member conducting the questioning according to the same process. (4) Each party shall have an unlimited number of challenges for cause. If a party challenges a member of the Hearing Panel roster for cause, the party shall state the grounds for the challenge. The standard to be followed in ruling on for cause challenges is whether in light of the challenged person’s knowledge of the case, personal or professional relationships with a party, and statements made during the selection and challenge process, the committee member is able to fairly and impartially hear the case and render a fair and impartial recommendation. The challenge for cause shall be ruled on by the remaining members. Each party shall have one peremptory challenge. Peremptory challenges shall follow challenges for cause. (5) If a member is removed from the Hearing Panel under these provisions, the next name on the ordered roster will be advanced to keep the Hearing Panel at five members, with two alternate members. All such replacements are subject to the same process described above. Should the pool of candidates at the selection meeting be reduced to less than five plus two, the pool shall be replenished by adding the next name(s) from the CPC ordered roster. Selection of additional Hearing Panel members shall proceed in the manner outlined above. The Hearing Panel shall be composed of the first five CPC members from the ordered roster remaining, and the next two shall serve as alternates. In addition, the Xxxxxxx shall designate a Xxxx (not from the college of the individual concerned) who shall serve as an ex officio member of the Hearing Panel. The designated Xxxx shall participate in all proceedings and deliberations of the Hearing Panel, but shall not vote. (6) All five members and two alternates shall attend all proceedings, but alternate members shall not be involved in deliberations or recommendations. If a Hearing Panel member is unable to continue service on the Panel, the Hearing Panel shall designate an alternate to serve. If this occurs before the hearing of evidence, a new alternate shall be designated by the Panel from the ordered roster using the same procedure described above. If, due to attrition, the Hearing Panel membership is reduced to four after hearing evidence has begun, the hearing process shall continue. Further attrition shall result in cancellation of further hearings and re-initiation of the process. (7) A detailed, confidential record of the Hearing Panel selection process shall be kept, and shall include names of all participants and their relations to thecase.

Convening of the Hearing. Within fourteen days after the Xxxxxxx’x decision to proceed, a Hearing Panel shall be appointed, as follows:. (1) The Xxxxxxx and the MSP FSU shall conduct a random drawing of the names of all CPC members, placing the names on a roster in order of drawing. This shall be the order in which members will be selected for service on the Hearing Panel. The Hearing Panel shall consist of five tenured faculty members or librarians selected in order from among all CPC members, and two alternate members. However, selection shall be subject to the limitation that no more than three members of the Hearing Panel will be from the College of Liberal Arts (CLA), and no more than two members of said Panel will be from any other college. The expiration of a member’s term on the CPC shall not affect continued service on a Hearing Panel. (2) No sooner than one week after the circulation of the ordered roster, the : a. The first ten twelve CPC members on the ordered roster who are not members of the CPC of the college of the charged individual shall meet in the presence of the parties to select the Hearing Panel. (3) In proceeding through the roster to select members of the Hearing Panel, if a point is reached where three Panel members are faculty from CLA, then no additional faculty on the roster from CLA will be included on the Panel; and if a point is reached where two members of the Panel are faculty from one of the other colleges, then no additional faculty member on the roster from that college will be included on the Panel. If the Hearing Panel does have either three members from CLA or two members from one other college or both, then both of the alternates cannot be from the college that is at its limit. If an alternate is needed to replace a member of the Panel, that alternate must be chosen so as not to exceed the per college limits on the Hearing Panel. (4) Any potential Hearing Panel member may request in writing that he or she be excused for appropriate reason. Requests to be excused shall be the first order of business during the meeting referenced above. The remaining members shall, if necessary, question a member requesting an excuse and then decide whether to grant the excuse. The remaining members shall select one member who will question each potential Hearing Panel member as to the extent of his or her personal or professional relationships with either party, and whether there is any reason he or she would be unable to hear the case fairly and impartially and render a fair and impartial recommendation. Additional questions may be submitted by the parties to the member conducting the questioning. Any members not excused shall have the opportunity to suggest further questions to be asked. The member conducting the questioning may disallow any questions on grounds of lack of relevance. Another member will be selected to question the member conducting the questioning according to the same process. (45) Each party shall have an unlimited number of challenges for cause. If a party challenges a member of the Hearing Panel roster for cause, the party shall state the grounds for the challenge. The standard to be followed in ruling on for cause challenges is whether in light of the challenged person’s knowledge of the case, personal or professional relationships with a party, and statements made during the selection and challenge process, the committee member is able to fairly and impartially hear the case and render a fair and impartial recommendation. The challenge for cause shall be ruled on by the remaining members. Each party shall have one peremptory challenge. Peremptory challenges shall follow challenges for cause. (56) If a member is removed from the Hearing Panel under these provisions, the next name on the ordered roster will be advanced to keep the Hearing Panel at five members, with two alternate members. All such replacements are subject to the same process described above. Should the pool of candidates at the selection meeting be reduced to less than five plus two, the pool shall be replenished by adding the next name(s) from the CPC ordered roster. Selection of additional Hearing Panel members shall proceed in the manner outlined above. The Hearing Panel shall be composed of the first five CPC members from the ordered roster remaining, and the next two shall serve as alternates. In addition, the Xxxxxxx shall designate a Xxxx (not from the college of the individual concerned) who shall serve as an ex officio member of the Hearing Panel. The designated Xxxx shall participate in all proceedings and deliberations of the Hearing Panel, but shall not vote. (67) All five members and two alternates shall attend all proceedings, but alternate members shall not be involved in deliberations or recommendations. If a Hearing Panel member is unable to continue service on the Panel, the Hearing Panel shall designate an alternate to serve. If this occurs before the hearing of evidence, a new alternate shall be designated by the Panel from the ordered roster using the same procedure described above. If, due to attrition, the Hearing Panel membership is reduced to four after hearing evidence has begun, the hearing process shall continue. Further attrition shall result in cancellation of further hearings and re-initiation reinitiation of the process. (7) 8) A detailed, confidential record of the Hearing Panel selection process shall be kept, and shall include names of all participants and their relations to thecasethe case.

Convening of the Hearing. Within fourteen days after the Xxxxxxx’x decision to proceed, a Hearing Panel shall be appointed, as follows: (1) The Xxxxxxx and the MSP shall conduct a random drawing of the names of all CPC members, placing the names on a roster in order of drawing. This shall be the order in which members will be selected for service on the Hearing Panel. The Hearing Panel shall consist of five tenured faculty members or librarians selected in order from among all CPC members, and two alternate members. The expiration of a member’s term on the CPC shall not affect continued service on a Hearing Panel. (2) No sooner than one week after the circulation of the ordered roster, the first ten CPC members on the ordered roster who are not members of the CPC of the college of the charged individual shall meet in the presence of the parties to select the Hearing Panel. (3) Any potential Hearing Panel member may request in writing that he or she they be excused for appropriate reason. Requests to be excused shall be the first order of business during the meeting referenced above. The remaining members shall, if necessary, question a member requesting an excuse and then decide whether to grant the excuse. The remaining members shall select one member who will question each potential Hearing Panel member as to the extent of his or her their personal or professional relationships with either party, and whether there is any reason he or she they would be unable to hear the case fairly and impartially and render a fair and impartial recommendation. Additional questions may be submitted by the parties to the member conducting the questioning. Any members not excused shall have the opportunity to suggest further questions to be asked. The member conducting the questioning may disallow any questions on grounds of lack of relevance. Another member will be selected to question the member conducting the questioning according to the same process. (4) Each party shall have an unlimited number of challenges for cause. If a party challenges a member of the Hearing Panel roster for cause, the party shall state the grounds for the challenge. The standard to be followed in ruling on for cause challenges is whether in light of the challenged person’s knowledge of the case, personal or professional relationships with a party, and statements made during the selection and challenge process, the committee member is able to fairly and impartially hear the case and render a fair and impartial recommendation. The challenge for cause shall be ruled on by the remaining members. Each party shall have one peremptory challenge. Peremptory challenges shall follow challenges for cause. (5) If a member is removed from the Hearing Panel under these provisions, the next name on the ordered roster will be advanced to keep the Hearing Panel at five members, with two alternate members. All such replacements are subject to the same process described above. Should the pool of candidates at the selection meeting be reduced to less than five plus two, the pool shall be replenished by adding the next name(s) from the CPC ordered roster. Selection of additional Hearing Panel members shall proceed in the manner outlined above. The Hearing Panel shall be composed of the first five CPC members from the ordered roster remaining, and the next two shall serve as alternates. In addition, the Xxxxxxx shall designate a Xxxx (not from the college of the individual concerned) who shall serve as an ex officio member of the Hearing Panel. The designated Xxxx shall participate in all proceedings and deliberations of the Hearing Panel, but shall not vote. (6) All five members and two alternates shall attend all proceedings, but alternate members shall not be involved in deliberations or recommendations. If a Hearing Panel member is unable to continue service on the Panel, the Hearing Panel shall designate an alternate to serve. If this occurs before the hearing of evidence, a new alternate shall be designated by the Panel from the ordered roster using the same procedure described above. If, due to attrition, the Hearing Panel membership is reduced to four after hearing evidence has begun, the hearing process shall continue. Further attrition shall result in cancellation of further hearings and re-initiation of the process. (7) A detailed, confidential record of the Hearing Panel selection process shall be kept, and shall include names of all participants and their relations to thecase.

Convening of the Hearing. Within fourteen days after the Xxxxxxx’x decision to proceed, a Hearing Panel shall be appointed, as follows: (1) . The Xxxxxxx and the MSP FSU shall conduct a random drawing of the names of all CPC members, placing the names on a roster in order of drawing. This shall be the order in which members will be selected for service on the Hearing Panel. The Hearing Panel shall consist of five tenured faculty members or librarians selected in order from among all CPC members, and two alternate members. However, selection shall be subject to the limitation that no more than three members of the Hearing Panel will be from the College of Liberal Arts (CLA), and no more than two members of said Panel will be from any other college. The expiration of a member’s term on the CPC shall not affect continued service on a Hearing Panel. (2) . No sooner than one week after the circulation of the ordered roster, the : The first ten twelve CPC members on the ordered roster who are not members of the CPC of the college of the charged individual shall meet in the presence of the parties to select the Hearing Panel. (3) . In proceeding through the roster to select members of the Hearing Panel, if a point is reached where three Panel members are faculty from CLA, then no additional faculty on the roster from CLA will be included on the Panel; and if a point is reached where two members of the Panel are faculty from one of the other colleges, then no additional faculty member on the roster from that college will be included on the Panel. If the Hearing Panel does have either three members from CLA or two members from one other college or both, then both of the alternates cannot be from the college that is at its limit. If an alternate is needed to replace a member of the Panel, that alternate must be chosen so as not to exceed the per college limits on the Hearing Panel. Any potential Hearing Panel member may request in writing that he or she be excused for appropriate reason. Requests to be excused shall be the first order of business during the meeting referenced above. The remaining members shall, if necessary, question a member requesting an excuse and then decide whether to grant the excuse. The remaining members shall select one member who will question each potential Hearing Panel member as to the extent of his or her personal or professional relationships with either party, and whether there is any reason he or she would be unable to hear the case fairly and impartially and render a fair and impartial recommendation. Additional questions may be submitted by the parties to the member conducting the questioning. Any members not excused shall have the opportunity to suggest further questions to be asked. The member conducting the questioning may disallow any questions on grounds of lack of relevance. Another member will be selected to question the member conducting the questioning according to the same process. (4) . Each party shall have an unlimited number of challenges for cause. If a party challenges a member of the Hearing Panel roster for cause, the party shall state the grounds for the challenge. The standard to be followed in ruling on for cause challenges is whether in light of the challenged person’s knowledge of the case, personal or professional relationships with a party, and statements made during the selection and challenge process, the committee member is able to fairly and impartially hear the case and render a fair and impartial recommendation. The challenge for cause shall be ruled on by the remaining members. Each party shall have one peremptory challenge. Peremptory challenges shall follow challenges for cause. (5) . If a member is removed from the Hearing Panel under these provisions, the next name on the ordered roster will be advanced to keep the Hearing Panel at five members, with two alternate members. All such replacements are subject to the same process described above. Should the pool of candidates at the selection meeting be reduced to less than five plus two, the pool shall be replenished by adding the next name(s) from the CPC ordered roster. Selection of additional Hearing Panel members shall proceed in the manner outlined above. The Hearing Panel shall be composed of the first five CPC members from the ordered roster remaining, and the next two shall serve as alternates. In addition, the Xxxxxxx shall designate a Xxxx (not from the college of the individual concerned) who shall serve as an ex officio member of the Hearing Panel. The designated Xxxx shall participate in all proceedings and deliberations of the Hearing Panel, but shall not vote. (6) . All five members and two alternates shall attend all proceedings, but alternate members shall not be involved in deliberations or recommendations. If a Hearing Panel member is unable to continue service on the Panel, the Hearing Panel shall designate an alternate to serve. If this occurs before the hearing of evidence, a new alternate shall be designated by the Panel from the ordered roster using the same procedure described above. If, due to attrition, the Hearing Panel membership is reduced to four after hearing evidence has begun, the hearing process shall continue. Further attrition shall result in cancellation of further hearings and re-initiation reinitiation of the process. (7) . A detailed, confidential record of the Hearing Panel selection process shall be kept, and shall include names of all participants and their relations to thecasethe case. The Chair of the Hearing Panel, who shall be selected by majority vote of the Hearing Panel, shall be in charge of all subsequent stages in the hearing process, and may vary the following procedures as justice and due efficiency may require. The University will bear any costs of the hearing procedure, except that the individual concerned will be responsible for any fees he or she incurs for counsel, expert witnesses, and other defense expenses. Within seven days of the selection of a Hearing Panel, written notice of the specific charges will be given to the individual. If the individual concerned waives his or her right to appear, or refuses to participate in the hearing in person or in writing, the Hearing Panel will evaluate all available evidence, and will rest its recommendation upon the evidence in the record. The hearing will be closed unless the individual concerned requests in writing that it be open. During the hearing, the individual concerned will be permitted to be represented by an academic advisor, a Union representative, or a personal advisor. Representation by an attorney will not be permitted, except that the charged individual may be accompanied and advised by legal counsel only when criminal charges involving the same issues as the disciplinary charges are pending against the individual. In such a circumstance, the Xxxxxxx may likewise be accompanied and advised by legal counsel. Legal counsel may not speak on behalf of either party. The Xxxxxxx may be accompanied by or represented at the hearing by a designee. At its request, the Union may additionally have two representatives observe the proceedings, and the individual may, at his or her request, have one personal or academic advisor in attendance as an observer. Each side shall prior to commencement of the hearing notify the Chair of the Hearing Panel as to the identity of the person who will speak for each side and any other individuals who will be present. Unless permitted in the discretion of the Hearing Panel, only one person shall speak for each side, in presenting evidence, or cross-examining witnesses, or making opening or closing statements. A tape recording of the hearing or hearings shall be made and shall be provided to the individual promptly upon request. If a transcript is mutually desired the cost shall be shared equally; otherwise, either party requesting a transcript shall bear the cost. The burden of proof that just cause exists rests with the Xxxxxxx. The individual concerned will be afforded an opportunity to obtain all relevant witnesses and documentary or other evidence, and the administration of the University will attempt to secure the cooperation of such witnesses and make available all relevant documents and other evidence within its control. The Chair of the Hearing Panel may grant adjournment to enable either party to investigate evidence as to which a valid claim of surprise is made. The Xxxxxxx and the charged individual shall have the right to confront and cross-examine all witnesses. No anonymous material will be introduced into evidence; in this regard, student evaluations of teaching shall not be considered anonymous material. The Hearing Panel will not be bound by strict rules of legal evidence. The Hearing Panel will make all determinations about relevance of testimony and witnesses, and will rule on all interpretations of rules, regulations, and policies and any requests that are made during the hearing. The Hearing Panel will conduct a fair and impartial hearing which ensures the rights of all parties involved; will receive and consider relevant evidence which reasonable people customarily rely upon in the conduct of serious business; will ask relevant questions of the Xxxxxxx, the individual charged, and any witnesses if needed to elicit information which may assist in making a recommendation; and will ensure that the Xxxxxxx and the individual have full opportunity to present their claims orally or in writing, to present and cross examine witnesses, and to present evidence which may establish their claims. The findings of fact and the recommendation will be based solely on the hearing record. Unless the individual concerned requests otherwise, except for such simple announcements as may be required covering the time of hearing and similar matters, public statements and publicity about the case by the Hearing Panel, the individual concerned and his or her representatives, and the administration will be avoided until the proceedings have been completed and a recommendation reached. The appropriate Chancellor, the individual concerned, and the FSU will be notified of the recommendation in writing and will be given a copy of the record of the hearing. Conduct of the Hearing The Chair of the Hearing Panel shall be in full charge of the hearing. Hearing sessions may be scheduled, at the discretion of the Chair of the Hearing Panel, on any weekday during the academic year during the hours from 8:00 a.m. to 6:00 p.m. or, by unanimous consent of the parties, at other times or during other periods. The Chair of the Hearing Panel shall read the specification of charges against the individual. The Chair of the Hearing Panel shall request the individual to submit a brief response to the charges, indicating whether the specifications are admitted or denied. Brief opening statements will be permitted. The Xxxxxxx shall present testimony to support the charges. The individual concerned and his or her advisor or Union representative shall have the right to cross-examine witnesses and present evidence in response to the charges. The Xxxxxxx shall have the right to cross-examine the individual’s witnesses. After the case of the individual, the Xxxxxxx may present rebuttal evidence. Rebuttal evidence shall be limited to new matters brought forth in the individual’s case. Surrebuttal evidence (limited to evidence rebutting the charging party’s rebuttal evidence) shall be allowed. The Xxxxxxx may present closing arguments. The individual concerned or his or her advisor or Union representative may present closing arguments. The Hearing Panel shall adjourn the hearing and shall thereafter prepare its findings and conclusions in the form of a written report. The oral deliberations of the Hearing Panel shall be confidential.

Convening of the Hearing. Within fourteen days after the Xxxxxxx’x decision to proceed, a Hearing Panel shall be appointed, as follows:. (1a) The Xxxxxxx and the MSP MSP/FSU shall conduct a random drawing of the names of all CPC members, placing the names on a roster in order of drawing. This shall be the order in which members will be selected for service on the Hearing Panel. The Hearing Panel shall consist of five tenured faculty members or librarians selected in order from among all CPC members, and two alternate members. However, on the Boston campus, selection shall be subject to the limitation that no more than three members of the Hearing Panel will be from the College of Arts and Sciences (CAS), and no more than two members of said Panel will be from any other college. The expiration of a member’s term on the CPC shall not affect continued service on a Hearing Panel. (2b) No sooner than one week after the circulation of the ordered roster: i. on the Amherst campus, the first ten CPC members on the ordered roster who are not members of the CPC of the college of the charged individual shall meet in the presence of the parties to select the Hearing Panel; ii. on the Boston campus, the first twelve CPC members on the ordered roster shall meet in the presence of the parties to select the Hearing Panel. (3c) On the Boston campus, in proceeding through the roster to select members of the Hearing Panel, if a point is reached where three Panel members are faculty from CAS, then no additional faculty on the roster from CAS will be included on the Panel; and if a point is reached where two members of the Panel are faculty from one of the other colleges, then no additional faculty member on the roster from that college will be included on the Panel. If the Hearing Panel does have either three members from CAS or two members from one other college or both, then both of the alternates cannot be from the college that is at its limit. If an alternate is needed to replace a member of the Panel, that alternate must be chosen so as not to exceed the per college limits on the Hearing Panel. (d) Any potential Hearing Panel member may request in writing that he or she be excused for appropriate reason. Requests to be excused shall be the first order of business during the meeting referenced above. The remaining members shall, if necessary, question a member requesting an excuse and then decide whether to grant the excuse. The remaining members shall select one member who will question each potential Hearing Panel member as to the extent of his or her personal or professional relationships with either party, and whether there is any reason he or she would be unable to hear the case fairly and impartially and render a fair and impartial recommendation. Additional questions may be submitted by the parties to the member conducting the questioning. Any members not excused shall have the opportunity to suggest further questions to be asked. The member conducting the questioning may disallow any questions on grounds of lack of relevance. Another member will be selected to question the member conducting the questioning according to the same process. (4e) Each party shall have an unlimited number of challenges for cause. If a party challenges a member of the Hearing Panel roster for cause, the party shall state the grounds for the challenge. The standard to be followed in ruling on for cause challenges is whether in light of the challenged person’s knowledge of the case, personal or professional relationships with a party, and statements made during the selection and challenge process, the committee member is able to fairly and impartially hear the case and render a fair and impartial recommendation. The challenge for cause shall be ruled on by the remaining members. Each party shall have one peremptory challenge. Peremptory challenges shall follow challenges for cause. (5f) If a member is removed from the Hearing Panel under these provisions, the next name on the ordered roster will be advanced to keep the Hearing Panel at five members, with two alternate members. All such replacements are subject to the same process described above. Should the pool of candidates at the selection meeting be reduced to less than five plus two, the pool shall be replenished by adding the next name(s) from the CPC ordered roster. Selection of additional Hearing Panel members shall proceed in the manner outlined above. The Hearing Panel shall be composed of the first five CPC members from the ordered roster remaining, and the next two shall serve as alternates. In addition, the Xxxxxxx shall designate a Xxxx xxxx (not from the college of the individual concerned) who shall serve as an ex officio member of the Hearing Panel. The designated Xxxx xxxx shall participate in all proceedings and deliberations of the Hearing Panel, but shall not vote. (6g) All five members and two alternates shall attend all proceedings, but alternate members shall not be involved in deliberations or recommendations. If a Hearing Panel member is unable to continue service on the Panel, the Hearing Panel shall designate an alternate to serve. If this occurs before the hearing of evidence, a new alternate shall be designated by the Panel from the ordered roster using the same procedure described above. If, due to attrition, the Hearing Panel membership is reduced to four after hearing evidence has begun, the hearing process shall continue. Further attrition shall result in cancellation of further hearings and re-initiation reinitiation of the process. (7h) A detailed, confidential record of the Hearing Panel selection process shall be kept, and shall include names of all participants and their relations to thecasethe case.

Convening of the Hearing. Within fourteen days after the Xxxxxxx’x decision to proceed, a Hearing Panel shall be appointed, as follows: (1) : The Xxxxxxx and the MSP shall conduct a random drawing of the names of all CPC members, placing the names on a roster in order of drawing. This shall be the order in which members will be selected for service on the Hearing Panel. The Hearing Panel shall consist of five tenured faculty members or librarians selected in order from among all CPC members, and two alternate members. The expiration of a member’s term on the CPC shall not affect continued service on a Hearing Panel. (2) . No sooner than one week after the circulation of the ordered roster, the first ten CPC members on the ordered roster who are not members of the CPC of the college of the charged individual shall meet in the presence of the parties to select the Hearing Panel. (3) . Any potential Hearing Panel member may request in writing that he or she be excused for appropriate reason. Requests to be excused shall be the first order of business during the meeting referenced above. The remaining members shall, if necessary, question a member requesting an excuse and then decide whether to grant the excuse. The remaining members shall select one member who will question each potential Hearing Panel member as to the extent of his or her personal or professional relationships with either party, and whether there is any reason he or she would be unable to hear the case fairly and impartially and render a fair and impartial recommendation. Additional questions may be submitted by the parties to the member conducting the questioning. Any members not excused shall have the opportunity to suggest further questions to be asked. The member conducting the questioning may disallow any questions on grounds of lack of relevance. Another member will be selected to question the member conducting the questioning according to the same process. (4) . Each party shall have an unlimited number of challenges for cause. If a party challenges a member of the Hearing Panel roster for cause, the party shall state the grounds for the challenge. The standard to be followed in ruling on for cause challenges is whether in light of the challenged person’s knowledge of the case, personal or professional relationships with a party, and statements made during the selection and challenge process, the committee member is able to fairly and impartially hear the case and render a fair and impartial recommendation. The challenge for cause shall be ruled on by the remaining members. Each party shall have one peremptory challenge. Peremptory challenges shall follow challenges for cause. (5) . If a member is removed from the Hearing Panel under these provisions, the next name on the ordered roster will be advanced to keep the Hearing Panel at five members, with two alternate members. All such replacements are subject to the same process described above. Should the pool of candidates at the selection meeting be reduced to less than five plus two, the pool shall be replenished by adding the next name(s) from the CPC ordered roster. Selection of additional Hearing Panel members shall proceed in the manner outlined above. The Hearing Panel shall be composed of the first five CPC members from the ordered roster remaining, and the next two shall serve as alternates. In addition, the Xxxxxxx shall designate a Xxxx (not from the college of the individual concerned) who shall serve as an ex officio member of the Hearing Panel. The designated Xxxx shall participate in all proceedings and deliberations of the Hearing Panel, but shall not vote. (6) . All five members and two alternates shall attend all proceedings, but alternate members shall not be involved in deliberations or recommendations. If a Hearing Panel member is unable to continue service on the Panel, the Hearing Panel shall designate an alternate to serve. If this occurs before the hearing of evidence, a new alternate shall be designated by the Panel from the ordered roster using the same procedure described above. If, due to attrition, the Hearing Panel membership is reduced to four after hearing evidence has begun, the hearing process shall continue. Further attrition shall result in cancellation of further hearings and re-initiation of the process. (7) . A detailed, confidential record of the Hearing Panel selection process shall be kept, and shall include names of all participants and their relations to thecase.the case. The Hearing Process The Chair of the Hearing Panel, who shall be selected by majority vote of the Hearing Panel, shall be in charge of all subsequent stages in the hearing process, and may vary the following procedures as justice and due efficiency may require. The University will bear any costs of the hearing procedure, except that the individual concerned will be responsible for any fees he or she incurs for counsel, expert witnesses, and other defense expenses. Within seven days of the selection of a Hearing Panel, written notice of the specific charges will be given to the individual. If the individual concerned waives his or her right to appear, or refuses to participate in the hearing in person or in writing, the Hearing Panel will evaluate all available evidence, and will rest its recommendation upon the evidence in the record. The hearing will be closed unless the individual concerned requests in writing that it be open. During the hearing, the individual concerned will be permitted to be represented by an academic advisor, a Union representative, or a personal advisor. Representation by an attorney will not be permitted, except that the charged individual may be accompanied and advised by legal counsel only when criminal charges involving the same issues as the disciplinary charges are pending against the individual. In such a circumstance, the Xxxxxxx may likewise be accompanied and advised by legal counsel. Legal counsel may not speak on behalf of either party. The Xxxxxxx may be accompanied by or represented at the hearing by a designee. At its request, the Union may additionally have two representatives observe the proceedings, and the individual may, at his or her request, have one personal or academic advisor in attendance as an observer. Each side shall prior to commencement of the hearing notify the Chair of the Hearing Panel as to the identity of the person who will speak for each side and any other individuals who will be present. Unless permitted in the discretion of the Hearing Panel, only one person shall speak for each side, in presenting evidence, or cross-examining witnesses, or making opening or closing statements. A tape recording of the hearing or hearings shall be made and shall be provided to the individual promptly upon request. If a transcript is mutually desired the cost shall be shared equally; otherwise, either party requesting a transcript shall bear the cost. The burden of proof that just cause exists rests with the Xxxxxxx. The individual concerned will be afforded an opportunity to obtain all relevant witnesses and documentary or other evidence, and the administration of the University will attempt to secure the cooperation of such witnesses and make available all relevant documents and other evidence within its control. The Chair of the Hearing Panel may grant adjournment to enable either party to investigate evidence as to which a valid claim of surprise is made. The Xxxxxxx and the charged individual shall have the right to confront and cross-examine all witnesses. No anonymous material will be introduced into evidence; in this regard, student evaluations of teaching pursuant to Articles 21.7, 21.9, 33.6, and 33.8 shall not be considered anonymous material. The Hearing Panel will not be bound by strict rules of legal evidence. The Hearing Panel will make all determinations about relevance of testimony and witnesses, and will rule on all interpretations of rules, regulations, and policies and any requests that are made during the hearing. The Hearing Panel will conduct a fair and impartial hearing which ensures the rights of all parties involved; will receive and consider relevant evidence which reasonable people customarily rely upon in the conduct of serious business; will ask relevant questions of the Xxxxxxx, the individual charged, and any witnesses if needed to elicit information which may assist in making a recommendation; and will ensure that the Xxxxxxx and the individual have full opportunity to present their claims orally or in writing, to present and cross examine witnesses, and to present evidence which may establish their claims. The findings of fact and the recommendation will be based solely on the hearing record. Unless the individual concerned requests otherwise, except for such simple announcements as may be required covering the time of hearing and similar matters, public statements and publicity about the case by the Hearing Panel, the individual concerned and his or her representatives, and the administration will be avoided until the proceedings have been completed and a recommendation reached. The Chancellor, the individual concerned, and the MSP will be notified of the recommendation in writing and will be given a copy of the record of the hearing. Conduct of the Hearing • The Chair of the Hearing Panel shall be in full charge of the hearing. • Hearing sessions may be scheduled, at the discretion of the Chair of the Hearing Panel, on any weekday during the academic year during the hours from 8:00