Hearing Procedures for Formal Grievances

1. Hearing Procedures for Formal Grievances
    
1. A quorum consists of a minimum of five members of the Student Court. 
2. The Court shall invite the grievant and the responding person to all hearings. Attendance at the hearings shall be limited to persons who have an official connection with the case as determined by the Court. The grievant and the responding person may choose to be accompanied by an advisor. Others whose participation in the hearing is considered essential in order to assist the committee in establishing the facts of the case shall appear before the committee only long enough to give testimony and to answer questions of committee members.
    
3. It is within the duties and responsibilities of all members of a grievance committee to commit themselves to observe procedures consistent with fairness to all parties concerned. For example, it is a matter of principle that members of the grievance committee will not discuss a case with anyone outside of the hearing process and that their finding will not be influenced by anything other than the evidence presented to them in meetings in which all affected parties are present.
    
4. The grievance committee shall set forth the rules of procedure for the hearing within the guidelines set forth herein. The Chief Justice may, for good cause and with the concurrence of a majority of the entire Court, authorize deviation from the suggested format, in which case the principal parties shall be notified.
1. The grievant shall be heard first in all phases of a grievance hearing and shall be primarily responsible for the presentation of his/her position.
2. The advisor of the grievant or respondent may advise that person and may briefly explain his or her position but shall not be permitted to testify or to cross-examine.
3. A reasonable time limit should be established for opening and closing statements and shall be announced prior to the hearing.
4. Length of hearing sessions may be established in advance; every effort should be made to conduct the hearing as expeditiously as possible, with equal fairness to both parties.
5. The interested parties shall provide the Chief Justice of the Court with the names of the advisor and potential witnesses at least forty-eight (48) hours prior to the hearing. It is the responsibility of the interested party, working with the Chief Justice, to ensure the presence of these individuals in a timely manner.
6. After initial witnesses for both parties have been heard, such witnesses may be recalled for additional questioning if requested by either party or the grievance committee. The Court may call new witnesses whose testimony it deems relevant or helpful.
7. In order to promote the truthful, unfettered exchange of information and ideas, all testimony pertaining to the grievance hearing shall be held in confidence.
8. Only evidence relevant to the grievance may be introduced. Questions regarding the admissibility of evidence shall be decided by the Chief Justice.
    
5. At any point in the proceedings prior to the time at which the committee reaches its final decision, the grievant may withdraw any portion or all of the grievance with the consent of a majority of the Court Justices and of the respondent. In all cases of withdrawal at the consent of the Court and of the respondent, the grievant shall not have the privilege of reopening the same grievance at any time in the future. In the event that the student refuses to participate further in the Court hearing, the committee may choose to continue the case or to move to closure with an appropriate closing statement.
    
6. A confidential tape recording of the grievance hearing shall be made and will be accessible to the Court and authorized representatives on a need-to-know basis. Either party to the grievance may request that the committee provides a written transcript of testimony. The cost of preparation of such a transcript is to be paid by the party making such request. After the report of the Court has been prepared, the tapes and relevant materials will be sealed and filed in the office of the Advisor of Student Court. Unless extraordinary circumstances apply, these materials will be destroyed at the end of five years.
    
7. At the conclusion of the grievance hearing, the members of the Court shall meet in closed session to deliberate upon their findings. A majority vote of the entire Court present shall be required on all decisions. The Court shall make a written report on findings and recommendations to the appropriate University Officials, with copies to the grievant(s) and the responding person(s). The written report will contain:
1. A statement of the purpose of the hearing,
2. Issues considered,
3. A summary of the testimony and other evidence presented,
4. Findings of fact as developed at the hearing, and
5. Recommendations for final disposition of the case.
    
8. After the decision of the Court has been rendered any appeal must be submitted to the Court within seven (7) calendar days. However, only new evidence may be submitted at the appeal. The decision of the Court following the appeal shall be final. If no appeal is submitted to the Court within seven (7) calendar days, the decision of the Court is considered final.

• Grievances shall receive prompt attention. The hearing and the report of the grievance committee shall normally be completed within five (5) calendar days of the formation of the grievance committee, and a final decision shall be made by the Court. In any case in which these time schedules should prove to be inadequate, the committee shall present, in writing, an amended time schedule to all parties involved.

 




 

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