Common use of Procedural Rights of Affected Academic Employees Clause in Contracts

Procedural Rights of Affected Academic Employees. An affected academic employee who has requested a hearing shall be entitled to one (1) formal, contested case hearing, pursuant to the Administrative Procedures Act (RCW 34.05) and shall have the following procedural rights: 1. The right to remove up to three (3) peer members of the Dismissal Review Committee by preemptory challenge prior to the commencement of the hearing proceedings involving dismissal pursuant to Article IX (Dismissal), and one (1) peer member for proceedings involving dismissal pursuant to Article X (Reduction in Force) not to exceed four (4) in any single hearing; 2. The right to confront and cross-examine adverse witnesses, provided that when a witness cannot appear and compelling reasons therefore exist, the identity of the witness and a copy of the statement of the witness reduced to writing shall be disclosed to the academic employee at least ten (10) days prior to the hearing on the matter toward which the testimony of the witness is considered material; 3. The right to be free from compulsion to divulge information which the academic employee could not be compelled to divulge in a court of law; 4. The right to be heard in one’s own defense and to present witnesses, testimony, and evidence on all issues involved; 5. The right to the assistance of the hearing officer in securing the witnesses and evidence pursuant to RCW 34.05; 6. The right to counsel of the academic employee’s choosing who may appear and act on the academic employee’s behalf at the hearings; and, 7. The right to have witnesses sworn and testify under oath. SECTION D. Responsibilities of Dismissal Review Committee The responsibilities of the committee shall be to: 1. Review the case of the proposed dismissal; 2. Attend the hearing and, at the discretion of the hearing officer, call and/or examine any witness(es); 3. Hear testimony from all interested parties, including but not limited to other academic employees and students, and to review any evidence offered by same; and, 4. Arrive at its recommendations, in conference, on the basis of the hearing. As soon as reasonably practicable, but in no event longer than twenty (20) days after the conclusion of the formal hearing, and within seven (7) days in the case of reduction in force for reasons set forth in Article X (Reduction in Force), the written recommendations of the Dismissal Review Committee shall be presented to the hearing officer.

Appears in 6 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

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Procedural Rights of Affected Academic Employees. An affected academic employee who has requested a hearing shall be entitled to one (1) formal, contested case hearing, pursuant to the Administrative Procedures Act (RCW 34.05) and shall have the following procedural rights: 1. The right to remove up to three (3) peer members of the Dismissal Review Committee by preemptory challenge prior to the commencement of the hearing proceedings involving dismissal pursuant to Article IX (DismissalDismissal for Cause), and one (1) peer member for proceedings involving dismissal pursuant to Article X (Reduction in Force) not to exceed four (4) in any single hearing;. 2. The right to confront and cross-examine adverse witnesses, provided that when a witness cannot appear and compelling reasons therefore exist, the identity of the witness and a copy of the statement of the witness reduced to writing shall be disclosed to the academic employee at least ten (10) days prior to the hearing on the matter toward which the testimony of the witness is considered material;. 3. The right to be free from compulsion to divulge information which the academic employee s/he could not be compelled to divulge in a court of law;. 4. The right to be heard in one’s his/her own defense and to present witnesses, testimony, and evidence on all issues involved;. 5. The right to the assistance of the hearing officer in securing the witnesses and evidence pursuant to RCW 34.05;. 6. The right to counsel of the academic employee’s his/her choosing who may appear and act on the academic employee’s his/her behalf at the hearings; and,. 7. The right to have witnesses sworn and testify under oath. SECTION D. Responsibilities of Dismissal Review Committee The responsibilities of the committee shall be to: 1. Review the case of the proposed dismissal;. 2. Attend the hearing and, at the discretion of the hearing officer, call and/or examine any witness(es);. 3. Hear testimony from all interested parties, including but not limited to other academic employees and students, and to review any evidence offered by same; and,. 4. Arrive at its recommendations, in conference, on the basis of the hearing. As soon as reasonably practicable, but in no event longer than twenty (20) days after the conclusion of the formal hearing, and within seven (7) days in the case of reduction in force for reasons set forth in Article X (Reduction in Force)X, the written recommendations of the Dismissal Review Committee shall be presented to the hearing officer.

Appears in 4 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedural Rights of Affected Academic Employees. An affected academic employee who has requested a hearing shall be entitled to one (1) formal, contested case hearing, pursuant to the Administrative Procedures Act (RCW 34.05) and shall have the following procedural rights: 1. The right to remove up to three (3) peer members of the Dismissal Review Committee by preemptory challenge prior to the commencement of the hearing proceedings involving dismissal pursuant to Article IX (Dismissal), and one (1) peer member for proceedings involving dismissal pursuant to Article X (Reduction in Force) not to exceed four (4) in any single hearing; 2. The right to confront and cross-examine adverse witnesses, provided that when a witness cannot appear and compelling reasons therefore exist, the identity of the witness and a copy of the statement of the witness reduced to writing shall be disclosed to the academic employee at least ten (10) days prior to the hearing on the matter toward which the testimony of the witness is considered material; 3. The right to be free from compulsion to divulge information which the academic employee could not be compelled to divulge in a court of law; 4. The right to be heard in one’s own defense and to present witnesses, testimony, and evidence on all issues involved; 5. The right to the assistance of the hearing officer in securing the witnesses and evidence pursuant to RCW 34.05; 6. The right to counsel of the academic employee’s choosing who may appear and act on the academic employee’s behalf at the hearings; and, 7. The right to have witnesses sworn and testify under oath. SECTION D. Responsibilities of Dismissal Review Committee Committee‌ The responsibilities of the committee shall be to: 1. Review the case of the proposed dismissal; 2. Attend the hearing and, at the discretion of the hearing officer, call and/or examine any witness(es); 3. Hear testimony from all interested parties, including but not limited to other academic employees and students, and to review any evidence offered by same; and, 4. Arrive at its recommendations, in conference, on the basis of the hearing. As soon as reasonably practicable, but in no event longer than twenty (20) days after the conclusion of the formal hearing, and within seven (7) days in the case of reduction in force for reasons set forth in Article X (Reduction in Force), the written recommendations of the Dismissal Review Committee shall be presented to the hearing officer.

Appears in 3 contracts

Samples: Employment Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

Procedural Rights of Affected Academic Employees. An affected academic employee who has requested a hearing shall be entitled to one (1) formal, contested case hearing, pursuant to the Administrative Procedures Act (RCW 34.05) and shall have the following procedural rights: 1. The right to remove up to three (3) peer members of the Dismissal Review Committee by preemptory challenge prior to the commencement of the hearing proceedings involving dismissal pursuant to Article IX (DismissalDismissal for Cause), and one (1) peer member for proceedings involving dismissal pursuant to Article X (Reduction in Force) not to exceed four (4) in any single hearing;. 2. The right to confront and cross-examine adverse witnesses, provided that when a witness cannot appear and compelling reasons therefore exist, the identity of the witness and a copy of the statement of the witness reduced to writing shall be disclosed to the academic employee at least ten (10) days prior to the hearing on the matter toward which the testimony of the witness is considered material;. 3. The right to be free from compulsion to divulge information which the academic employee s/he could not be compelled to divulge in a court of law;. 4. The right to be heard in one’s his/her own defense and to present witnesses, testimony, and evidence on all issues involved;. 5. The right to the assistance of the hearing officer in securing the witnesses and evidence pursuant to RCW 34.05;. 6. The right to counsel of the academic employee’s his/her choosing who may appear and act on the academic employee’s his/her behalf at the hearings; and,. 7. The right to have witnesses sworn and testify under oath. SECTION D. Responsibilities of Dismissal Review Committee The responsibilities of the committee shall be to: 1. Review the case of the proposed dismissal; 2. Attend the hearing and, at the discretion of the hearing officer, call and/or examine any witness(es); 3. Hear testimony from all interested parties, including but not limited to other academic employees and students, and to review any evidence offered by same; and, 4. Arrive at its recommendations, in conference, on the basis of the hearing. As soon as reasonably practicable, but in no event longer than twenty (20) days after the conclusion of the formal hearing, and within seven (7) days in the case of reduction in force for reasons set forth in Article X (Reduction in Force), the written recommendations of the Dismissal Review Committee shall be presented to the hearing officer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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Procedural Rights of Affected Academic Employees. An affected academic employee who has requested a hearing shall be entitled to one (1) formal, contested case hearing, pursuant to the Administrative Procedures Act (RCW 34.05) and shall have the following procedural rights: 1. The right to remove up to three (3) peer members of the Dismissal Review Committee by preemptory challenge prior to the commencement of the hearing proceedings involving dismissal pursuant to Article IX (DismissalDismissal for Cause), and one (1) peer member for proceedings involving dismissal pursuant to Article X (Reduction in Force) not to exceed four (4) in any single hearing;. 2. The right to confront and cross-examine adverse witnesses, provided that when a witness cannot appear and compelling reasons therefore exist, the identity of the witness and a copy of the statement of the witness reduced to writing shall be disclosed to the academic employee at least ten (10) days prior to the hearing on the matter toward which the testimony of the witness is considered material;. 3. The right to be free from compulsion to divulge information which the academic employee s/he could not be compelled to divulge in a court of law;. 4. The right to be heard in one’s his/her own defense and to present witnesses, testimony, and evidence on all issues involved;. 5. The right to the assistance of the hearing officer in securing the witnesses and evidence pursuant to RCW 34.05;. 6. The right to counsel of the academic employee’s his/her choosing who may appear and act on the academic employee’s his/her behalf at the hearings; and,. 7. The right to have witnesses sworn and testify under oath. SECTION D. Responsibilities of Dismissal Review Committee The responsibilities of the committee shall be to: 1. Review the case of the proposed dismissal; 2. Attend the hearing and, at the discretion of the hearing officer, call and/or examine any witness(es); 3. Hear testimony from all interested parties, including but not limited to other academic employees and students, and to review any evidence offered by same; and, 4. Arrive at its recommendations, in conference, on the basis of the hearing. As soon as reasonably practicable, but in no event longer than twenty (20) days after the conclusion of the formal hearing, and within seven (7) days in the case of reduction in force for reasons set forth in Article X (Reduction in Force)X, the written recommendations of the Dismissal Review Committee shall be presented to the hearing officer.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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