Duties of the Hearing Officer. It shall be the role of the impartial hearing officer to conduct the hearing in accordance with this Section. The duties of the hearing officer include: a. Administering oaths and affirmations, examining witnesses, and receiving evidence. No person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law. b. Issuing subpoenas. c. Taking or causing depositions to be taken pursuant to rules promulgated by the College. d. Regulating the course of the hearing. e. Holding conference for the settlement or simplification of the issues by consent of the parties. f. Disposing of procedural requests or similar matters. g. Making all rulings regarding the evidentiary issues presented during the course of the Dismissal Review Committee hearings. h. Appointing a court reporter, who shall operate at the direction of the hearing, and record any other matters related to the hearing as directed by the hearing officer. i. Allowing the Dismissal Review Committee to hear testimony and any oral argument from all interested parties, including but not limited to faculty members and students, and review any evidence offered by same. j. Prepare findings of fact and conclusions of law and a recommended decision. As soon as reasonably practicable, but in no event longer than thirty (30) calendar days after the hearing, the written recommendation of the hearing officer will be presented to the President. k. Preparing and assembling a record for review by the Board of Trustees which shall include: 1. All pleadings, motions, and rulings. 2. All evidence received or considered. 3. A statement of any matters officially noticed. 4. All questions and offers of proof, objections, and rulings thereon. 5. The proposed findings, conclusions, and recommended decision. 6. A copy of the recommendations of the Dismissal Review Committee. l. Deciding, with advice from the Dismissal Review Committee, whether the hearing shall be open to the educational community, or whether particular persons should be permitted or excluded from attendance. m. Assuring that a transcript of the hearing is made, if necessary, and that a copy of the record or any part thereof is transcribed and furnished to any party to the hearing upon request and payment of costs. n. Taking any other action authorized by rule or regulation of the College.
Appears in 8 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Duties of the Hearing Officer. It shall be the role of the impartial hearing officer to conduct the hearing in accordance with this Section. The duties of the hearing officer include:to
a. Administering oaths and affirmations, examining witnesses, and receiving evidence. No person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law.
b. Issuing subpoenas.
c. Taking or causing depositions to be taken pursuant to rules promulgated by the College.
d. Regulating the course of the hearing.
e. Holding conference for the settlement or simplification of the issues by consent of the parties.
f. Disposing of procedural requests or similar matters.
g. Making all rulings regarding the evidentiary issues presented during the course of the Dismissal Review Committee hearings.
h. Appointing a court reporter, who shall operate at the direction of the hearing, and record any other matters related to the hearing as directed by the hearing officer.
i. Allowing the Dismissal Review Committee to hear testimony and any oral argument from all interested parties, including but not limited to faculty members and students, and review any evidence offered by same.
j. Prepare findings of fact and conclusions of law and a recommended decision. As soon as reasonably practicable, but in no event longer than thirty (30) calendar days after the hearing, or within ten (10) calendar days in the case of a reduction in force for reasons set forth in Section 4.5.1.e., the written recommendation of the hearing officer will be presented to the President.
k. Preparing and assembling a record for review by the Board of Trustees which shall include:
1. All pleadings, motions, and rulings.
2. All evidence received or considered.
3. A statement of any matters officially noticed.
4. All questions and offers of proof, objections, and rulings thereon.
5. The proposed findings, conclusions, and recommended decision.
6. A copy of the recommendations of the Dismissal Review Committee.
l. Deciding, with advice from the Dismissal Review Committee, whether the hearing shall be open to the educational community, or whether particular persons should be permitted or excluded from attendance.
m. Assuring that a transcript of the hearing is made, if necessary, and that a copy of the record or any part thereof is transcribed and furnished to any party to the hearing upon request and payment of costs.
m. Consolidating individual reduction in force hearings into a single hearing. In the case of reduction in force for reasons set forth in Section 4.5.1.e., the hearing shall be consolidated; only one such hearing for the affected faculty members shall be held and such consolidated hearing shall be concluded within the time frame set forth herein.
n. Taking any other action authorized by rule or regulation of the College.
o. In the case of a reduction in force for reasons set forth in Section 4.5.1.e., the formal hearing (conducted by the hearing officer appointed by the Board of Trustees): (a) shall be concluded by the hearing officer within sixty (60) calendar days after written notice of the reduction in force has been issued; (b) the only issue to be determined shall be whether under the applicable policies, rules or bargaining agreement, the particular faculty member or members advised of severance are the proper ones to be terminated;
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
Duties of the Hearing Officer. It shall be the role of the impartial hearing officer to conduct the hearing in accordance with this Section. The duties of the hearing officer include:
a. Administering oaths and affirmations, examining witnesses, and receiving evidence. No person shall be compelled to divulge information which he or she could not be compelled to divulge in a court of law.
b. Issuing subpoenas.
c. Taking or causing depositions to be taken pursuant to rules promulgated by the College.
d. Regulating the course of the hearing.
e. Holding conference for the settlement or simplification of the issues by consent of the parties.
f. Disposing of procedural requests or similar matters.
g. Making all rulings regarding the evidentiary issues presented during the course of the Dismissal Review Committee hearings.
h. Appointing a court reporter, who shall operate at the direction of the hearing, and record any other matters related to the hearing as directed by the hearing officer.
i. Allowing the Dismissal Review Committee to hear testimony and any oral argument from all interested parties, including but not limited to faculty members and students, and review any evidence offered by same.
j. Prepare findings of fact and conclusions of law and a recommended decision. As soon as reasonably practicable, but in no event longer than thirty (30) calendar days after the hearing, or within ten (10) calendar days in the case of a reduction in force for reasons set forth in Section 4.5.1.e., the written recommendation of the hearing officer will be presented to the President.
k. Preparing and assembling a record for review by the Board of Trustees which shall include:
1. All pleadings, motions, and rulings.
2. All evidence received or considered.
3. A statement of any matters officially noticed.
4. All questions and offers of proof, objections, and rulings thereon.
5. The proposed findings, conclusions, and recommended decision.
6. A copy of the recommendations of the Dismissal Review Committee.
l. Deciding, with advice from the Dismissal Review Committee, whether the hearing shall be open to the educational community, or whether particular persons should be permitted or excluded from attendance.
m. Assuring that a transcript of the hearing is made, if necessary, and that a copy of the record or any part thereof is transcribed and furnished to any party to the hearing upon request and payment of costs.
m. Consolidating individual reduction in force hearings into a single hearing. In the case of reduction in force for reasons set forth in Section 4.5.1.e., the hearing shall be consolidated; only one such hearing for the affected faculty members shall be held and such consolidated hearing shall be concluded within the time frame set forth herein.
n. Taking any other action authorized by rule or regulation of the College.
o. In the case of a reduction in force for reasons set forth in Section 4.5.1.e., the formal hearing (conducted by the hearing officer appointed by the Board of Trustees): (a) shall be concluded by the hearing officer within sixty (60) calendar days after written notice of the reduction in force has been issued; (b) the only issue to be determined shall be whether under the applicable policies, rules or bargaining agreement, the particular faculty member or members advised of severance are the proper ones to be terminated; (c) any findings, conclusions of law, and recommended decision shall not be subject to further Appointment Review Committee action.
Appears in 4 contracts
Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement
