Peer Hearing Procedure

ARTICLE 1. INTRODUCTION

1.1. General:

This procedure applies to all sides in a dispute.

1.2. Informal Resolution:

Normally, a hearing will be held only after all sides and appropriate University officials have attempted to resolve the dispute informally.

1.2.1. Panel

The Main Campus Compliance Office will convene a panel.

1.3. Attorney for Panel:

The panel will consult with its University Counsel attorney prior to the hearing. The panel will also consult with its University Counsel attorney on any issues it can't resolve. The panel's University Counsel attorney either will also be present at the hearing or will be available for consultation.

1.4. Persons with Disabilities:

Persons with disabilities who want accommodations should let the Main Campus Compliance Office know at least ten (10) days before the accommodation is required.

1.5. Interpreter:

Sign and language interpreters are available upon request. Please let the Dispute Resolution Coordinator know at least ten (10) days before the accommodation is required.

ARTICLE 2. PREHEARING MATTERS

2.1. Preparation of Evidence:

2.1.1. You are responsible for your own evidence. Evidence can be documents, witnesses, or other materials.

2.1.2. All students, faculty and staff must cooperate with your reasonable requests to provide evidence and to be witnesses. If you are having difficulty getting cooperation from a potential witness or source of evidence, ask the Main Campus Compliance Office for help. You may use reasonable and equitable University work time, equipment, and support staff assistance in preparing for the hearing.

2.1.3. The University will advise you about procedures and give you a general overview of the type of evidence that is usually submitted in these kinds of matters. If the person bringing the complaint hires a lawyer, then the person responding may request a lawyer from the Office of University Counsel.

2.2. Notice Requirements:

Ten (10) working days before the hearing, you must tell or give the Main Campus Compliance Office:

2.2.1. A list of your witnesses. Only those witnesses may testify at the hearing, unless the panel gives permission for additional witnesses to testify.

2.2.2. The name of any advisor you will be bringing to the hearing. If your advisor is a lawyer you must specifically notify the Main Campus Compliance Office that your advisor is a lawyer. Generally, if you don't give the Main Campus Compliance Office the name of your advisor, you may not bring one. But, if the other side gives the Main Campus Compliance Officer the name of its advisor, then you can bring an advisor, too.

2.2.3. One copy of your evidence. If you request a document from any employee in the University who has custody of that document, that person must give either you or the Main Campus Compliance Office the original or a copy of that document within one work day, unless the document is confidential. The Main Campus Compliance Office will make and distribute copies to all sides. Only this evidence may be used unless the panel gives permission to use other evidence.

2.3. Time Limits.

The panel may set reasonable time limits for the hearing.

ARTICLE 3. HEARINGS

3.1. Evidence:

You may testify, present witnesses, and introduce and explain documents and other evidence. The panel may exclude evidence only in special situations, such as evidence that is very personal and not very relevant, or when there are many witnesses testifying to the same thing. At your request, the panel will consult with its University Counsel attorney on evidence issues. The panel may request evidence or witnesses in addition to what you bring.

3.2. Absent Parties:

All panel members and both parties shall be present at hearings. If you do not appear, you may lose the hearing. But first, the panel must find out why you were not present.

3.3. Advisors:

You may bring an advisor. If you tell the Main Campus Compliance Office that you are bringing an advisor as described in Section 2.2.2 above, you may consult freely with your advisor throughout the hearing, but your advisor may not speak for you unless the panel decides that you need such assistance.

3.4 Order of Evidence:

(1) the person raising the issues presents his or her case;

(2) the person responding presents his or her case;

(3) in the discretion of the panel, follow-up by both sides may be allowed;

(4) the person raising the issues makes a final statement;

(5) the person responding makes a final statement.

3.5. Witnesses:

You may present witnesses. When a witness is unable to attend a scheduled hearing, the witness may make an affidavit which may be used as evidence. It must be submitted ahead of time, like other evidence. All sides and the panel members may question all witnesses, but the panel may set reasonable limits on this. The panel may require that questions be directed through the panel.

3.6. Record of Hearing:

The Main Campus Compliance Office shall make a recording of the proceedings. You may get a copy of the recording. The record of the hearing shall be the recording and all documents or physical objects introduced as evidence. The record shall be kept by the Main Campus Compliance Office for five years after all appeals have been concluded or after the time for appeal has expired.

ARTICLE 4. GENERAL PROVISIONS

4.1. Time Limits:

For good cause, the panel shall extend any time limit set forth in these rules. Good cause shall include the fact that a time limit includes finals week or periods such as vacations, holidays, or intersessions if parties or decision makers are absent from the University. Any time extension shall be communicated in writing to the Main Campus Compliance Office and everyone else involved, along with a new written schedule for the hearing.

ARTICLE 5. CONFLICTS

5.1. Conflicts:

Prior to selecting a person to be a panel member, the Main Campus Compliance Office will ask the person whether they have any prior familiarity with either the parties or the subject matter of the dispute such that he or she would be unable to be objective.

University Administrative Policies