Common use of The Hearing Panel’s Report; Chancellor’s Decision Clause in Contracts

The Hearing Panel’s Report; Chancellor’s Decision. The Hearing Panel shall report to the Chancellor within thirty days after the conclusion of the hearing, or as soon thereafter as possible. The Hearing Panel shall determine, with supporting reasons as to each charge, whether the administration by a preponderance of the evidence has proved that the conduct as charged occurred, and if so, whether it (a) merits dismissal or (b) does not merit dismissal. If the Hearing Panel concludes that the conduct does merit dismissal, but that there are circumstances that warrant clemency, it will so recommend. If the Hearing Panel concludes that the conduct does not merit dismissal, it may recommend (a) that the conduct does not merit any disciplinary action or (b) a lesser penalty than dismissal. The Chancellor shall not be limited in his or her decision to the recommendation of the Hearing Panel, but shall provide a statement of compelling reasons in written detail if he or she decides to impose a sanction more severe than that recommended by the Hearing Panel. Such decision shall be rendered within seven days of receipt of the Hearing Panel’s report, and the Chancellor shall promptly notify the individual concerned, the Xxxxxxx, the Hearing Panel, and the FSU of his or her decision in the case, together with reasons therefor if he or she does impose a penalty. The decision of the Chancellor shall be final, subject only to review by the President or designee as hereinafter provided, judicial review or grievance procedures available under existing collective bargaining agreements. The FSU shall have the sole right, within thirty days of receipt of the notification of the Chancellor’s decision, to initiate final and binding arbitration of said decision under the provisions of Article 25.5.3.

Appears in 3 contracts

Samples: Boston Campus Agreement, Boston Campus Agreement, Boston Campus Agreement

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The Hearing Panel’s Report; Chancellor’s Decision. The Hearing Panel shall report to the Chancellor within thirty days after the conclusion of the hearing, or as soon thereafter as possible. The Hearing Panel shall determine, with supporting reasons as to each charge, whether the administration by a preponderance of the evidence has proved that the conduct as charged occurred, and if so, whether it (a) merits dismissal or (b) does not merit dismissal. If the Hearing Panel concludes that the conduct does merit dismissal, but that there are circumstances that warrant clemency, it will so recommend. If the Hearing Panel concludes that the conduct does not merit dismissal, it may recommend (a) that the conduct does not merit any disciplinary action or (b) a lesser penalty than dismissal. The Chancellor shall not be limited in his or her decision to the recommendation of the Hearing Panel, but shall provide a statement of compelling reasons in written detail if he or she decides to impose a sanction more severe than that recommended by the Hearing Panel. Such decision shall be rendered within seven days of receipt of the Hearing Panel’s report, and the Chancellor shall promptly notify the individual concerned, the Xxxxxxx, the Hearing Panel, and the MSP/FSU of his or her decision in the case, together with reasons therefor if he or she does impose a penalty. The decision of the Chancellor shall be final, subject only to review by the President or designee as hereinafter provided, judicial review or grievance procedures available under existing collective bargaining agreements. The MSP/FSU shall have the sole right, within thirty days of receipt of the notification of the Chancellor’s decision, to initiate final and binding arbitration of said decision under the provisions of Article 25.5.325.5(c).

Appears in 2 contracts

Samples: Agreement, fsu.umb.edu

The Hearing Panel’s Report; Chancellor’s Decision. The Hearing Panel shall report to the Chancellor within thirty days after the conclusion of the hearing, or as soon thereafter as possible. The Hearing Panel shall determine, with supporting reasons as to each charge, whether the administration by a preponderance of the evidence has proved that the conduct as charged occurred, and if so, whether it (a) merits dismissal or (b) does not merit dismissal. If the Hearing Panel concludes that the conduct does merit dismissal, but that there are circumstances that warrant clemency, it will so recommend. If the Hearing Panel concludes that the conduct does not merit dismissal, it may recommend (a) that the conduct does not merit any disciplinary action or (b) a lesser penalty than dismissal. The Chancellor shall not be limited in his or her decision to the recommendation of the Hearing Panel, Panel but shall provide a statement of compelling reasons in written detail if he or she decides to impose a sanction more severe than that recommended by the Hearing Panel. Such decision shall be rendered within seven days of receipt of the Hearing Panel’s report, and the Chancellor shall promptly notify the individual concerned, the Xxxxxxx, the Hearing Panel, and the FSU of his or her decision in the case, together with reasons therefor if he or she does impose a penalty. The decision of the Chancellor shall be final, subject only to review by the President or designee as hereinafter provided, judicial review or grievance procedures available under existing collective bargaining agreements. The FSU shall have the sole right, within thirty days of receipt of the notification of the Chancellor’s decision, to initiate final and binding arbitration of said decision under the provisions of Article 25.5.3.

Appears in 1 contract

Samples: Boston Campus Agreement

The Hearing Panel’s Report; Chancellor’s Decision. The Hearing Panel shall report to the Chancellor within thirty days after the conclusion of the hearing, or as soon thereafter as possible. The Hearing Panel shall determine, with supporting reasons as to each charge, whether the administration by a preponderance of the evidence has proved that the conduct as charged occurred, and if so, whether it (a) merits dismissal or (b) does not merit dismissal. If the Hearing Panel concludes that the conduct does merit dismissal, but that there are circumstances that warrant clemency, it will so recommend. If the Hearing Panel concludes that the conduct does not merit dismissal, it may recommend (a) that the conduct does not merit any disciplinary action or (b) a lesser penalty than dismissalthandismissal. The Chancellor shall not be limited in his or her decision to the recommendation of the Hearing Panel, Panel but shall provide a statement of compelling reasons in written detail if he or she decides they decide to impose a sanction more severe than that recommended by the Hearing Panel. Such decision shall be rendered within seven days of receipt of the Hearing Panel’s report, and the Chancellor shall promptly notify the individual concerned, the Xxxxxxx, the Hearing Panel, and the FSU of his or her their decision in the case, together with reasons therefor therefore if he or she does impose a penaltypenalty is imposed. The decision of the Chancellor shall be final, subject only to review by the President or designee as hereinafter provided, judicial review or grievance procedures available under existing collective bargaining agreements. The FSU shall have the sole right, within thirty days of receipt of the notification of the Chancellor’s decision, to initiate final and binding arbitration of said decision under the provisions of Article 25.5.3.

Appears in 1 contract

Samples: Boston Campus Agreement

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The Hearing Panel’s Report; Chancellor’s Decision. The Hearing Panel shall report to the Chancellor within thirty days after the conclusion of the hearing, or as soon thereafter as possible. The Hearing Panel shall determine, with supporting reasons as to each charge, whether the administration by a preponderance of the evidence has proved that the conduct as charged occurred, and if so, whether it (a) merits dismissal or (b) does not merit dismissal. If the Hearing Panel concludes that the conduct does merit dismissal, but that there are circumstances that warrant clemency, it will so recommend. If the Hearing Panel concludes that the conduct does not merit dismissal, it may recommend (a) that the conduct does not merit any disciplinary action or (b) a lesser penalty than dismissal. The Chancellor shall not be limited in his or her decision to the recommendation of the Hearing Panel, Panel but shall provide a statement of compelling reasons in written detail if he or she decides they decide to impose a sanction more severe than that recommended by the Hearing Panel. Such decision shall be rendered within seven days of receipt of the Hearing Panel’s report, and the Chancellor shall promptly notify the individual concerned, the Xxxxxxx, the Hearing Panel, and the FSU of his or her their decision in the case, together with reasons therefor therefore if he or she does impose a penaltypenalty is imposed. The decision of the Chancellor shall be final, subject only to review by the President or designee as hereinafter provided, judicial review or grievance procedures available under existing collective bargaining agreements. The FSU shall have the sole right, within thirty days of receipt of the notification of the Chancellor’s decision, to initiate final and binding arbitration of said decision under the provisions of Article 25.5.3.

Appears in 1 contract

Samples: Boston Campus Agreement

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