POLICIES AND RULES FOR HEARINGS

BEFORE THE CHARGES COMMITTEE

 

1.    Five or more members constitute a hearing panel quorum.  In cases where the Committee Chair does not sit, the panel shall select a Chair.  Only members of the hearing panel who have attended a substantial number of sessions, and who are well-versed in the testimony and discussions of the case, may vote on determination of probable cause.

2.     Conflicts of Interest:

A.     A member has a potential or actual conflict of interest whenever the case before the Committee:

i.   involves an individual with whom the member has a personal, familial, or close professional (e.g., recently collaborative) relationship or an individual towards whom the member has an antipathy;

ii.    involves a colleague in the member's department or field of study, except when it is clear that the member would nonetheless be able to act in the best interests of the university and the Academic Senate;

iii.    will significantly advantage or disadvantage the member's department or other academic unit; or

iv.      is one in which the member has a financial interest.

B.   Any member who has a potential or actual conflict under A (above) shall abstain from voting on any case to which the conflict applies.

C.  The qualifications of any member to vote, or the failure of any member to recuse herself or himself under the circumstances described in B (above), may be challenged by any other member of the Committee; and the Committee may, after full and open discussion and by a vote of a majority of its entire membership, exclude the conflicted member from participation in the case.  Such exclusion may be appealed to the Committee on Privilege and Tenure.

3.     A legal advisor or other special consultant may sit with the hearing panel at the request of the Chair.  These experts shall be Academic Senate members and shall not vote.  If such experts will be present during a hearing, the individual appearing before the panel shall be notified.

4.     If requested to appear before the Committee, the complainant and/or accused shall be heard separately in closed, confidential hearings.  Either may ask the Chair for permission to appear before the hearing panel accompanied by a friend, counselor, or attorney.  The accompanying person, however, shall not be heard, unless requested by the Chair.  During the hearing, the complainant or accused may consult the accompanying person before answering a question.

5.      If the hearing panel concludes that certain facts would be helpful to it in reaching a decision, it may conduct an independent inquiry, including calling witnesses. All such hearings will be closed and confidential, and the names of the witnesses shall not be revealed to the complainant or accused.

6.      No record shall be kept of any hearing except such notes as individual panel members may make for themselves.  All such notes, and any related documents pertaining to the case, will be destroyed after the panel has reached a decision on the case.

7.      At the conclusion of the panel’s investigation, the Chair shall submit in writing to the Vice Chancellor a decision of  as to the probable cause of the charge(s).  The decision of the panel shall be by a simple majority.  The decision shall be signed by all Committee members who voted on the decision, and will note the names of those members who did not participate or were recused.  Any member(s) of the panel who disagrees with the majority vote shall have the opportunity to register a written dissent that will accompany the Chair's letter.  A tie vote of the panel shall be reported as such without decision and does not constitute a finding of no probable cause.

8.      Should either the complainant or the accused faculty member refuse a request to appear before the Committee, or in any other way occasion an undue delay in the Committee’s proceedings without good cause, the Committee, after the Chair gives the party written notice, may proceed with its determination based on the available evidence.

Rev. 6/22/05