CONDUCT OF A DISCIPLINARY HEARING

The Committee on Privilege and Tenure does not perceive a formal hearing as a legal hearing, but a hearing in which factual evidence is to be provided and examined as thoroughly as possible so as to aid the Committee on Privilege and Tenure in providing a factual basis for its recommendation(s) to the Chancellor for disposition of the charge(s).

Bylaw 336.B1 states: “The complaint shall be in writing and shall contain notice of proposed disciplinary action and a full statement of the facts underlying the charges.”  The means for implementing the second part of this statement is detailed in the Committee’s statement of “Pre-hearing Discovery.”

The Committee has as its utmost concern fairness to both parties.  Consequently, the defendant, as one party, must be made aware of any and all evidence that are to be considered in support of the charge and given ample time and opportunity to respond to such evidence.  The Administration, as the other party, must be able to fully present the range of evidence it deems important for the Committee to consider prior to the Committee rendering its recommendation.

The hearing will begin with the Counsel for Presentation of the Charge (or the Hearing Committee person responsible for presentation of the charge if no such Counsel is utilized) calling such witnesses as are needed to provide their testimony, and will introduce any materials serving to support the charge.  Counsel for the Defense will then have an opportunity to cross-examine each of these witnesses and to comment upon any materials introduced as evidence.  Members of the Hearing Panel may ask additional questions of witnesses if need be. After the Counsel for Presentation of the Charge has completed her/his presentation, Counsel for the Defense may call such witnesses as are needed to provide testimony rebutting the charges, and may introduce materials in rebuttal to cross-examine each of these witnesses and to comment upon any such materials.  Members of the Hearing Panel may ask additional questions if need be.  Witnesses may be recalled by either Counsel, if it is deemed necessary, by making such a request to the Chair of the Committee on Privilege and Tenure.

During the Hearing procedural issues, disagreement over the scope of the testimony and the like may arise from time to time. Either Counsel may raise an objection with the Chair who will then rule on the objection.

At the conclusion of the Hearing, the Committee will discuss with respective Counsels as to whether or not a final summary statement is needed, and if so, whether it should be in writing or presented orally.

All testimony will be recorded by tape and access at any time to any of the tapes by either counsel will be arranged upon request to the Chair.

[Enacted March 14, 1991 – Amended January, 2003]