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Hearing Review

The grievant may request a Hearing Review if she or he is dissatisfied with the resolution provided by an Internal Review or if, through that process, the IDE representative has been unable to determine whether the non-discrimination policy has been violated.  In order to request a review, the grievant should submit a written request to the IDE representative for a hearing before the Hearing Committee.

Composition of Hearing Committee

a. The grievant chooses one person from the Campus Climate Committee, the 504/ADA Committee, or the equivalent.

b. The respondent chooses one person from the Campus Climate Committee, the 504/ADA Committee, or the equivalent.

c. The two Committee representatives choose one person from the Appeal Panel designated by the President for reviewing human resources and affirmative action grievances.

d. The IDE representative shall serve as a non-voting adviser to the Committee and participate in all of its deliberations.

Hearing Committee membership shall be determined within two weeks of the grievant's request for a formal hearing. In the event that obtaining the above representation on the committee is impractical because of the unavailability of appropriate representatives, exceptions to the composition may be granted at the sole discretion of the IDE representative.

Policies Governing the Formal Hearing

The Hearing Committee shall be convened by its chair no less than one week and no more than three weeks after membership has been determined for the purpose of conducting preliminary business related to the case and setting the date for a formal hearing. Hearings shall be held as promptly as is consistent with allowing adequate time for the grievant and the respondent to prepare, normally not less than one week but not more than three weeks from the date of the initial meeting of the Committee. A continuance may be granted at the discretion of the Committee. Five working days prior to the date of the hearing, all persons involved in the dispute shall be sent written notice of the time and place of the beginning of the hearing.

All hearings are confidential and shall be conducted in private. The parties may have, as adviser at the hearing, any College employee of their choice. Such advisers may offer suggestions and comments. However, the hearing is not to be regarded as an adversarial proceeding and is not subject to the procedures of a court of law. The presence of legal counsel at the hearing is not permitted. Upon request, a tape recording of the proceeding will be made for the exclusive use of the Committee and the Provost. Such recordings may not be used outside the Committee.

The grievant and the respondent shall be given the opportunity to present their side in full during the hearing, and may invite other persons with relevant information, including the IDE representative, to appear during the hearing. They shall have the right to question witnesses, as determined by the chair.

The chair of the Hearing Committee will rule on all matters of procedure. Formal rules of evidence shall not be applicable to any hearing before the Committee and any evidence or testimony which the Committee believes to be relevant to a fair determination of the grievance may be admitted.

Decision of Hearing Committee

Within two weeks of hearing all the evidence and arguments, the Committee will submit a written decision to the Provost. The Committee will make its decision using a “preponderance of evidence” as the standard of proof. A majority vote of the Committee shall determine the final decision. If the Committee finds that the Policy was violated, the decision should contain a recommendation for resolution, which may range from a warning to termination of employment. The Provost may accept, reject, or modify the Committee's decision. Within two weeks of receipt of the decision, the Provost will send his/her decision and a copy of the Committee's decision to the grievant, the respondent, and the IDE representative. The decision of the Provost will be forwarded to the appropriate administrator for implementation (depending on the employee group of the grievant and the person(s) complained against).

Request for Reconsideration

Within one week of receipt of the Provost’s decision, either the grievant or the respondent may submit to the Provost a request for reconsideration of the decision. Reconsideration of a decision may be granted only if there is evidence of material procedural error or the emergence of substantial new evidence. The Provost will notify the grievant or respondent, the IDE representative, and the chair of the committee that a request for reconsideration has been submitted. Within two weeks of receipt of the request for reconsideration, the Provost must send either a written denial of the request for reconsideration or a written decision based on reconsideration of the case. The Provost's decision is final and shall not be subject to review under any other grievance procedure in force in the institution except in cases where the union grievance procedure is applicable.

If the matter proceeded to litigation, the materials submitted, oral evidence presented, discussions of the Hearing Committee and the decision of the Hearing Committee would be subject to disclosure. 

Grievance Procedure General Provisions govern the Hearing Review process.

   

Last Updated: 6/3/11