Hearing Procedures

If a hearing is scheduled within the time frame designated by the compliance officer, the President shall designate a qualified, unbiased person or committee to conduct each grievance hearing. Compliance officers will not be required to serve as hearing officers. The hearing officer or committee shall notify the complainant and each respondent of the time and place of the hearing, the witness list, and the right to have an attorney or representative present. The only individuals present at meetings of this committee shall be committee members, parties to the action being considered by the committee and their representatives (not to exceed 2), and witnesses actually testifying before the committee. The institution and complainant may have an attorney present, at the respective party’s expense, during the hearing. Attorneys may only advise; they may not cross examine, question, or address the committee in any way.

The grievance statement will be formally presented at the meeting. After the grievance is read into the record, the complainants will have the opportunity to present such oral testimony and other supporting evidence as they shall deem appropriate to their claim. Respondents shall then be given the opportunity to present such oral testimony and other evidence they deem appropriate to the respondents’ defense against the charges. No cross examination will be allowed. Either party may ask the hearing officer to ask a question of the other party and the hearing officer may or may not choose to do so. In the event that the College, or the administration of the College at large, is the party against whom the grievance is filed, the President shall designate a representative to appear at the hearing on behalf of the respondent. In the event that the College is the respondent, the College representative shall not be an attorney unless the complainant is assisted by an attorney or other personal representative.

The hearing shall be recorded either by a court reporter or on audio or video tape or by other electronic recording medium as agreed to by all parties in advance of the hearing. In addition, all items offered into evidence by the parties, whether admitted into evidence or not, shall be marked and preserved as part of the hearing record.