Common use of Hearing Panel Clause in Contracts

Hearing Panel. The hearing panel for any disciplinary action shall be composed of at least one administrator, one faculty member, and one student. The Cha ncellor/Deslgnee, the president of the Academic Senate, a nd the Associate Students president sha l l each, at the beginning of the academic year, establish a list of at least five persons who will serve on student disciplinary heari ng panels. The Chancellor/Desig nee sha ll a ppoint the hearing pa nel from the na mes on these lists. However, no administrator, faculty mem ber or student who has a ny persona l i nvolvement in the matter to be decided, who is a necessa ry witness, or who could not otherwise act in a neutral manner sha l l serve on a hearing panel. Conduct of the Hearing - The members of the hearing panel shall be provided with a copy of the accusation against the student a nd any written response provided by the student before the hearing begins. The facts su pporting the accusation shall be presented by a college representative who shall be the VPSS/Designee. The college representative a nd the student may call witnesses and introduce oral and written testi mony relevantto the issues of the matter. Forma l rules of evidence shall not apply. Any relevant evidence sha ll be admitted. Unless the hearing pa nel determines to proceed otherwise, the college representative and the student shal l each be permitted to make an open i ng statement. Thereafter, the college representative shall make the first presentation, followed by the student. The college representative may present rebuttal evidence after the student com pletes his/her evidence. The b u rden shall be on the college representative to prove by substantia l of evidence that the facts alleged are true. The student may represent himself/herself, and may also have the right to be represented by a person of his/her choice. Hearings shall be closed and confidential unless the student req uests that it be open to the pu bl ic. Any such request must be made no less tha n 5 days prior to the date of the hearing.

Hearing Panel. The hearing panel for any disciplinary action shall be composed of at least one administrator, one faculty member, and one studentandonestudent. -, -...--.. r I " • -·---'11 '· : The Cha ncellor/Deslgneencellor/▇▇▇▇▇ ▇▇▇, the president of the Academic Senate, a nd and the Associate Students president sha l l shall each, at the beginning begin n i ng of the academic year, establish a list of at least five persons who will serve on student disciplinary heari disci plina ry hea ri ng panels. The Chancellor/Desig nee sha ll a ppoint shall appoint the hearing heari ng pa nel from the na mes on these lists. However, no administratoradmi nistrator, faculty mem ber or student who has a ny persona l any personal i nvolvement in i n the matter to be decided, who is a necessa ry witness, or who could not otherwise act in a neutral manner sha l l shall serve on a hearing panel. Hearing Panel Chair -The Cha ncellor/Designee shall appoint one member of the pa nel to serve as the chair. The decision of the hearing panel chair shall be final on all matters·relating to the cond uct of the hea ri ng u nless there is a vote by both other mem bers of the panel to the contrary. Conduct of the Hearing - The members of the hearing panel heari ng pa nel shall be provided with a copy of the accusation against the student a nd and any written response provided by the student before the hearing begins. The facts su pporting supporting the accusation shall be presented by a college representative who shall be the VPSS/Designee. The college representative a nd and the student may call witnesses and introduce oral and written testi mony relevantto testimony relevant to the issues of the matter. Forma l Formal rules of evidence shall not apply. Any relevant releva nt evidence sha ll shall be admitted. Unless U nless the hearing hea ri ng pa nel determines to proceed otherwise, the college representative and the student shal l shall each be permitted to make an ma ke a n open i ng statement. Thereafter, the college representative shall make ma ke the first presentation, followed by the student. The college representative may present rebuttal evidence after the student com pletes his/her evidence. The b u bu rden shall be on the college representative to prove by substantia l substantial of evidence that the facts alleged are true. The student may represent himself/herself, and may also have the right to be represented by a person of his/her choice. Hearings Hea ri ngs shall be closed dosed and confidential unless u nless the student req uests that it be open to the pu bl icblic. Any such request must req uest m ust be made no less tha n than 5 days prior to the date of the hea ri ng. I n a closed hea ri ng, witnesses shall not be present at the hearing when not testifying, u nless all pa rties and the panel agree to the contrary. The hea ri ng shall be recorded by the District either by ta pe recordi ng or stenographic recordi ng, and sha ll be the only recordi ng made. No witness who refuses to be recorded may be permitted to give testi mony. I n the event the recordi ng is by ta pe recordi ng, the hea ring panel chair shall, at the begi nning of the hea ring, ask each person present to identify themselves by na me, and thereafter sha ll ask witnesses to identify themselves by na me. Ta pe recording shall remai n i n the custody of the District at all times, u nless released to a professional tra nscribing service. The student may req uest a copy of the tape recordi ng. All testimony shall be ta ▇▇▇ u nder oath; the oath shall be administered by the hea ri ng panel chai r. Written statements of witnesses u nder penalty of perju ry sha ll not be used unless the witness is u navaila ble to testify. A witness who refuses to be tape recorded is not u navaila ble. Within 10 days followi ng the close of the hearing, the hea ring panel sha ll prepa re and send to the Cha ncellor/Designee a written decision. The decision shall include specific factual findings rega rding the accusation, and shall include specific conclusions regardi ng whether any specific section of the Standa rds of Student Cond uct were violated. The decision shall also include a specific recommendation regardi ng the disciplinary action to be im posed, if any. The decision shall be based only on the record of the hea ri ng, and not on matter outside of that record. The record consists of the original accusation, the written response, if any, of the student, and the oral and written evidence prod uced at the hea ring.