Order of the Hearing Sample Clauses

Order of the Hearing a. Opening statements by the University representative(s) and then the affected Faculty member and/or his/her designated Association representative(s), if applicable. b. Presentation of the University’s position or case supporting the sanction by the University representative(s). This presentation shall include any witness statements or testimony. After such statements or testimony, the affected Faculty member shall have the opportunity to provide the committee with written questions which, if the committee determines are within reasonable limits, will be asked of witnesses. c. Presentation by the affected Faculty member and/or the designated Association representative(s), if applicable. This presentation will include any witness statements or testimony, responses to any charges, and countering or correcting the pertinence or accuracy of any evidence or testimony presented by the University. After such statements or testimony, the University shall have the opportunity to provide the committee with written questions which, if the committee determines are within reasonable limits, will be asked of witnesses or the affected Faculty member. d. The University and the affected Faculty member and/or the designated Association representative, if applicable, may request additional time to respond to and present rebuttal evidence or testimony to any basis for the sanction(s), issues or evidence introduced for the first time at the hearing. The decision whether to grant additional time and the amount of additional time will be in the sole discretion of the selected peer group.
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Order of the Hearing i. In the hearing, the Hearing Officer or Board Chair will state the content of the report of alleged misconduct and the specific charges made. ii. The Assistant Xxxx will be asked to present information supporting the allegation of misconduct against the accused student. iii. The Hearing Officer or Board Chair may call identified witnesses on behalf of the Assistant Xxxx, including the complaining party. iv. The accused student, and Board members may present questions to the Hearing Officer or the Board Chair, who will then present the questions to the Assistant Xxxx or witnesses called on behalf of the Assistant Xxxx. Additionally, the Hearing Officer and Board Chair may present questions of their own to the witnesses at any time while the witnesses are testifying. v. The accused student will be asked to present information supporting the accused student's position against the allegation of misconduct. vi. The Hearing Officer or Board Chair may call identified witnesses on behalf of the accused student including the complaining party. vii. The Assistant Xxxx, Hearing Officer or Board members may present questions to the Hearing Officer or the Board Chair, who will then present the questions to the accused student and witnesses called on behalf of the accused student. Additionally, the Hearing Officer and Board Chair may present questions of their own to the witnesses at any time while the witnesses are testifying. If the accused student is concerned about, suspected of or being investigated for violations of criminal law, the accused student does not have to answer questions in order to preserve the student's Fifth Amendment right against self-incrimination. The accused student's decision to invoke the Fifth Amendment right against self- incrimination shall not be used against the accused student in determining whether the accused student is responsible for a violation of the Student Code of Conduct. viii. Information and testimony presented by the Assistant Xxxx and the accused student must be relevant to the specifics charge(s). The Hearing Officer or Board Chair is allowed to strike or exclude any information or testimony that is not relevant to the specific charges. ix. The Hearing Officer or Board members will close the hearing to review and deliberate upon the presented information and render a decision regarding whether the accused student violated the Student Code of Conduct. The Hearing Officer or the Board's decision shall be made on the basis ...
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Related to Order of the Hearing

  • Hearing The grievance shall be heard by a single arbitrator and both parties may be represented by such person or persons as they may choose and designate, and the parties shall have the right to a hearing at which time both parties will have the opportunity to submit evidence, offer testimony, and make oral or written arguments relating to the issues before the arbitrator. The proceeding before the arbitrator shall be a hearing denovo.

  • Arbitration Hearing An Arbitration Hearing will be held within thirty (30) days after the Administrative Conference if no discovery is taken, or within thirty (30) days after the close of discovery, unless all parties and the Panel agree to extend the Arbitration Hearing date, or unless the parties agree in writing to waive the Arbitration Hearing. The parties may mutually agree on the location of the Arbitration Hearing. If the parties fail to agree, the Arbitration Hearing shall be held in Chicago, Illinois, or at such other location determined by the Presiding Arbitrator to be most convenient to the participants. The Panel will determine the date(s) and time(s) of the Arbitration Hearing(s) after consultation with all parties and shall provide reasonable notice thereof to all parties or their representatives.

  • Order of Recall As vacancies occur, employees will be recalled to available work in the order of the seniority providing skill; competence and ability are considered substantially equal in the judgment of the Employer. Subject to the above qualifications, an employee on layoff shall be offered reinstatement to vacant positions prior to any employees being newly hired and after any appropriate internal transfers as further set forth in this section. Employees regularly assigned to a specific unit, department or facility will be given preferential consideration for transfer to other shifts or positions in that unit, department or facility over all other employees except more senior employees returning from layoff status to their previous unit and shift or position and department/facility. If any offer of recall is accepted, the employee shall be deemed recalled and be removed from the recall roster. Any recall of employees out of seniority will be communicated to the Union representative in advance of the recall.

  • Hearing Procedure A. The Personnel Commission may conduct hearings of appeals or may appoint a hearing officer to conduct the hearing and report findings and recommendations to the Commission. If the Personnel Commission orders a hearing, said hearing shall be held in closed session. The employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than closed session pursuant to Government Code section 54957. The notice shall be delivered to the employee personally or by mail at least twenty-four (24) hours before the time for holding the closed session. B. Hearings shall be conducted in the manner most conducive to determination of the truth, and neither the Commission nor its hearing officer shall be bound by technical rules of evidence. Decisions made by the Commission shall not be invalidated by any informality in the proceedings. C. The Personnel Commission or its hearing officer shall determine the relevancy, weight, and credibility of testimony and evidence. It shall base its findings on the preponderance of evidence. D. Each side will be permitted an opening statement (Board first) and closing arguments (employee first). The Board shall first present its witnesses and evidence to sustain its charges and the employee will then present his witnesses and evidence in defense. E. Each side will be allowed to examine and cross-examine witnesses. F. Both the Board and the employee will be allowed to be represented by legal counsel or other designated representation. The employee may, at his/her option, be represented by legal counsel and/or union representation, or any other person designated by the employee. If the employee files an appeal, the employee shall be required to attend the Commission Appeal Hearing, even if the employee’s designated representative appears on his/her behalf. If the employee fails to appear, the employee will be deemed to have forfeited his/her rights to further appeal and the Personnel Commission shall allow the Board of Trustee’s disciplinary action to stand. G. The Commission may, and shall, if requested by the Board or the employee, subpoena witnesses and/or require the production of records or other material evidence. H. The Commission may, prior to or during a hearing, grant a continuance for any reason it believes to be important to its reaching a fair and proper decision. I. Whether the hearing is held in a public or Executive Session, the Commission, after it concludes the hearing, may deliberate its decision in Executive Session. No persons other than members of the Commission, its counsel, and the Director of Personnel shall be permitted to participate in the deliberations. If the Personnel Director or any staff was a witness in the proceedings, he shall also be barred from the Commission's final deliberations. J. The Commission shall render its judgment in an open session as soon after the conclusion of the hearing as possible and in no event later than fourteen (14) days. Its decision shall set forth which charges, if any, are sustained and the reasons therefore. K. The Commission may sustain or reject any or all of the charges filed against the employee. It may sustain, reject, or modify the disciplinary action invoked against the employee. It may not provide for discipline more stringent than that invoked by the Board. L. The Commission order of judgment will be filed with the Governing Board and the charged employee and shall set forth its findings and decision. If a dismissal is not sustained, its order shall set forth the effective date the employee is to be reinstated which may be any time on or after the date of disciplinary action.

  • Location of the Arbitration Hearing Unless applicable law provides otherwise, the arbitration hearing for United States residents will be conducted in the federal judicial district in which you reside (in your hometown area) or, for Canadian residents, in the province in which you reside, and, if you choose, will be in-person.

  • Interim Order As soon as reasonably practicable after the date of this Agreement, the Company shall apply, in a manner reasonably acceptable to the other Parties, pursuant to section 182 of the OBCA and, in cooperation with the other Parties, prepare, file and diligently pursue an application for the Interim Order, which shall provide, among other things: (a) for the classes of persons to whom notice is to be provided in respect of the Arrangement and the Company Meeting and for the manner in which such notice is to be provided; (b) that the required level of approval (the “Required Approval”) for the Arrangement Resolution shall be (i) two-thirds of the votes cast on the Arrangement Resolution by Company Shareholders present in person or represented by proxy at the Company Meeting; and (ii) a simple majority of the votes cast on the Arrangement Resolution by Company Shareholders present in person or represented by proxy at the Company Meeting, excluding for this purpose votes attached to Common Shares held by persons described in items (a) through (d) of section 8.1(2) of MI 61-101; (c) for the notice requirements with respect to the presentation of the application to the Court for the Final Order; (d) that the Company Meeting may be adjourned or postponed from time to time by the Company in accordance with the terms of this Agreement without the need for additional approval of the Court; (e) confirmation of the record date for the purposes of determining the Company Shareholders entitled to notice of and to vote at the Company Meeting in accordance with the Interim Order; (f) that the record date for the Company Shareholders entitled to notice of and to vote at the Company Meeting will not change in respect of any adjournment(s) of the Company Meeting, unless required by applicable Laws; (g) that, in all other respects, the terms, restrictions and conditions of the Company’s Constating Documents, including quorum requirements and all other matters, shall apply in respect of the Company Meeting; and (h) for such other matters as the Company may reasonably require, subject to obtaining the prior consent of the other Parties, such consent not to be unreasonably withheld, conditioned or delayed.

  • Hearings The Hearing Officer shall hold hearings on a quarterly basis unless there are no appeals to hear or the parties agree to pend any open appeals. All materials considered in the position review shall be submitted to the Hearing Officer prior to the hearing and neither party will submit evidence at the hearing that was not submitted during the position review. The Hearing Officer shall endeavor to hold multiple hearings each day, and shall issue a concise decision which shall be final and binding. The Hearing Officer shall have no authority to alter the terms and conditions of this contract. Employees may be represented at the hearing and will be released from work with no loss of pay to attend the hearing. The Hearing Officer's fees and expenses shall be shared equally by the parties.

  • Final Approval Hearing “Final Approval Hearing” shall mean the hearing at which the Court will consider and finally decide whether to enter the Final Judgment.

  • Fairness Hearing “Fairness Hearing” means the hearing before the Court relating to the Motion for Final Approval.

  • Public Hearing In the course of each proceeding, the competent investigating authority shall:

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