Common use of Formal Proceedings Clause in Contracts

Formal Proceedings. (1) Where a matter is referred to the Review Chairperson in accordance with the foregoing procedure, they shall proceed to determine whether adequate cause exists for the President to recommend dismissal of the professional librarian employee, or they may in their discretion appoint two (2) persons to sit with them as a Review Committee to make such determination. The Review Chairperson shall act as Chairperson of any Review Committee. (2) The Review Chairperson or a Review Committee shall advise the President, the University Librarian and the professional librarian employee of the date and place fixed by it for a hearing in connection with the matter. Such date shall be not more than six (6) weeks after the matter is referred to the Review Chairperson. The professional librarian employee may at any time before the hearing provide the Review Chairperson or the Review Committee and the President with a written reply to the reasons given by the President in support of their intention to recommend dismissal; but where such a reply is given within seven (7) days of the day fixed for the hearing, the Review Chairperson or Review Committee may, on its own initiative or at the request of the President, postpone the hearing for a period not exceeding seven (7) days. Reasonable notice of any postponement shall be given to the professional librarian employee, the University Librarian and the President. (3) A hearing by the Review Chairperson or a Review Committee shall be held in camera unless the professional librarian employee requests otherwise by notice given to the Review Chairperson or a Review Committee in writing at least one (1) week in advance of the hearing. (4) Both the President (or their nominee) and the professional librarian employee are entitled to appear at the hearing and, if they so desire, to be represented by counsel or other advisers. The Review Chairperson or a Review Committee is entitled to set its own rules as to the procedure before it, the examination and cross-examination of witnesses and the admissibility of evidence. A transcript of the proceedings at any hearing before a Review Chairperson or Review Committee shall not be obligatory but the Chairperson or the Committee, upon the application of either the President (or their nominee) or the affected professional librarian employee, may direct that the testimony of a specified witness be recorded and a transcript thereof provided if the Chairperson or the Committee so desires. (5) As soon as possible after completion of the hearing before it, the Review Chairperson or the Review Committee shall provide the President, the University Librarian and the professional librarian employee with its decision, in writing, as to whether adequate cause exists for the President to recommend dismissal of the professional librarian employee, supported by reasons as the Review Chairperson or the Review Committee considers appropriate. The Review Chairperson or the Review Committee may also propose another remedy if it deems it appropriate. A decision by the majority shall be the decision of the Review Committee. (6) Where a Review Chairperson or a Review Committee has reached a decision that adequate cause does not exist for a recommendation by the President to the Board of Governors that a professional librarian employee be dismissed, the President shall not make such a recommendation to the Board and the procedure provided for in these provisions shall not again be instituted on the basis of substantially the same facts and considerations. (7) At any time after its decision is communicated to the President, the University Librarian and the professional librarian employee, the Review Chairperson or a Review Committee, may, if it considers it to be in the public interest to do so, make public its decision and any or all of its reasons. Except where a hearing before the Review Chairperson or a Review Committee is held in public, and except to the extent that the Committee itself makes its decision and any of its reasons for it public, all information shall be treated as confidential information and the decision of the Review Chairperson or a Review Committee and its reasons for it shall be confidential except that the decision and reasons may be submitted to the Board of Governors in support of a recommendation to the President for dismissal of the professional librarian employee.

Formal Proceedings. (1) Where a matter is referred to the Review Chairperson in accordance with the foregoing procedure, they he/she shall proceed to determine whether adequate cause exists for the President to recommend dismissal of the professional librarian employee, or they he/she may in their his/her discretion appoint two (2) persons to sit with them him/her as a Review Committee to make such determination. The Review Chairperson shall act as Chairperson of any Review Committee. (2) The Review Chairperson or a Review Committee shall advise the President, the University Librarian and the professional librarian employee of the date and place fixed by it for a hearing in connection with the matter. Such date shall be not more than six (6) weeks after the matter is referred to the Review Chairperson. The professional librarian employee may at any time before the hearing provide the Review Chairperson or the Review Committee and the President with a written reply to the reasons given by the President in support of their his/her intention to recommend dismissal; but where such a reply is given within seven (7) days of the day fixed for the hearing, the Review Chairperson or Review Committee may, on its own initiative or at the request of the President, postpone the hearing for a period not exceeding seven (7) days. Reasonable notice of any postponement shall be given to the professional librarian employee, the University Librarian and the President. (3) A hearing by the Review Chairperson or a Review Committee shall be held in camera unless the professional librarian employee requests otherwise by notice given to the Review Chairperson or a Review Committee in writing at least one (1) week in advance of the hearing. (4) Both the President (or their his/her nominee) and the professional librarian employee are entitled to appear at the hearing and, if they so desire, to be represented by counsel or other advisers. The Review Chairperson or a Review Committee is entitled to set its own rules as to the procedure before it, the examination and cross-examination of witnesses and the admissibility of evidence. A transcript of the proceedings at any hearing before a Review Chairperson or Review Committee shall not be obligatory but the Chairperson or the Committee, upon the application of either the President (or their his/her nominee) or the affected professional librarian employee, may direct that the testimony of a specified witness be recorded and a transcript thereof provided if the Chairperson or the Committee so desires. (5) As soon as possible after completion of the hearing before it, the Review Chairperson or the Review Committee shall provide the President, the University Librarian and the professional librarian employee with its decision, in writing, as to whether adequate cause exists for the President to recommend dismissal of the professional librarian employee, supported by reasons as the Review Chairperson or the Review Committee considers appropriate. The Review Chairperson or the Review Committee may also propose another remedy if it deems it appropriate. A decision by the majority shall be the decision of the Review Committee. (6) Where a Review Chairperson or a Review Committee has reached a decision that adequate cause does not exist for a recommendation by the President to the Board of Governors that a professional librarian employee be dismissed, the President shall not make such a recommendation to the Board and the procedure provided for in these provisions shall not again be instituted on the basis of substantially the same facts and considerations. (7) At any time after its decision is communicated to the President, the University Librarian and the professional librarian employee, the Review Chairperson or a Review Committee, may, if it considers it to be in the public interest to do so, make public its decision and any or all of its reasons. Except where a hearing before the Review Chairperson or a Review Committee is held in public, and except to the extent that the Committee itself makes its decision and any of its reasons for it public, all information shall be treated as confidential information and the decision of the Review Chairperson or a Review Committee and its reasons for it shall be confidential except that the decision and reasons may be submitted to the Board of Governors in support of a recommendation to the President for dismissal of the professional librarian employee.

Formal Proceedings. (1) Where a matter is referred to the Review Chairperson in accordance with the foregoing procedure, they he/she shall proceed to determine whether adequate cause exists for the President to recommend dismissal of the professional librarian employee, or they he/she may in their his/her discretion appoint two (2) persons to sit with them him/her as a Review Committee to make such determination. The Review Chairperson shall act as Chairperson of any Review Committee. (2) The Review Chairperson or a Review Committee shall advise the President, the University Librarian and the professional librarian employee of the date and place fixed by it for a hearing in connection with the matter. Such date shall be not more than six (6) weeks after the matter is referred to the Review Chairperson. The professional librarian employee may at any time before the hearing provide the Review Chairperson or the Review Committee and the President with a written reply to the reasons given by the President in support of their his/her intention to recommend dismissal; but where such a reply is given within seven (7) days of the day fixed for the hearing, the Review Chairperson or Review Committee may, on its own initiative or at the request of the President, postpone the hearing for a period not exceeding seven (7) days. Reasonable notice of any postponement shall be given to the professional librarian employee, the University Librarian and the President. (3) A hearing by the Review Chairperson or a Review Committee shall be held in camera unless the professional librarian employee requests otherwise by notice given to the Review Chairperson or a Review Committee in writing at least one (1) week in advance of the hearing. (4) Both the President (or their his/her nominee) and the professional librarian employee are entitled to appear at the hearing and, if they so desire, to be represented by counsel or other advisers. The Review Chairperson or a Review Committee is entitled to set its own rules as to the procedure before it, the examination and cross-examination of witnesses and the admissibility of evidence. A transcript of the proceedings at any hearing before a Review Chairperson or Review Committee shall not be obligatory but the Chairperson or the Committee, upon the application of either the President (or their his/her nominee) or the affected professional librarian employee, may direct that the testimony of a specified witness be recorded and a transcript thereof provided if the Chairperson or the Committee so desires. (5) As soon as possible after completion of the hearing before it, the Review Chairperson or the Review Committee shall provide the President, the University Librarian and the professional librarian employee with its decision, in writing, as to whether adequate cause exists for the President to recommend dismissal of the professional librarian employee, supported by reasons as the Review Chairperson or the Review Committee considers appropriate. The Review Chairperson or the Review Committee may also propose another remedy if it deems it appropriate. A decision by the majority shall be the decision of the Review Committee. (6) Where a Review Chairperson or a Review Committee has reached a decision that adequate cause does not exist for a recommendation by the President to the Board of Governors that a professional librarian employee be dismissed, the President shall not make such a recommendation to the Board and the procedure provided for in these provisions shall not again be instituted on the basis of substantially the same facts and considerations. (7) At any time after its decision is communicated to the President, the University Librarian and the professional librarian employee, the Review Chairperson or a Review Committee, may, if it considers it to be in the public interest to do so, make public its decision and any or all of its reasons. Except where a hearing before the Review Chairperson or a Review Committee is held in public, and except to the extent that the Committee itself makes its decision and any of its reasons for it public, all information shall be treated as confidential information and the decision of the Review Chairperson or a Review Committee and its reasons for it shall be confidential except that the decision and reasons may be submitted to the Board of Governors in support of a recommendation to the President for dismissal of the professional librarian employee.