New Evidence. When new documentary evidence comes into existence or into Western's possession in the course of the disciplinary or dismissal proceedings, Western shall immediately provide copies of the documentary evidence to the faculty member. The faculty member shall have ten (10) business days from the time of receipt to review and respond to the documentary evidence. If Western fails to provide copies of any such documentary evidence to the faculty member, it shall not be used.
New Evidence. Anything in this Article 2 above to the contrary notwithstanding, the Claims Administrator may, at any time prior to the Enrollment Deadline Date, upon an application to such effect by an Enrolled Program Claimant, permit such Enrolled Program Claimant to be re- considered for Qualifying Program Claimant status based on new evidence submitted by such Enrolled Program Claimant, if the Claims Administrator determines that (i) such Enrolled Program Applicant was not aware of such new evidence at the time he submitted his original Claims Package, or had made a diligent and good faith attempt to produce such new evidence as part of his original Claims Package, and (ii) such new evidence is material to a determination as to whether such Enrolled Program Claimant meets the Eligibility Requirements. In such cases, such Enrolled Program Claimant’s Program Claim shall be considered anew in accordance with the provisions of this Article 2 above, provided that such Enrolled Program Claimant (and his related Executing Derivative Claimants) shall be required to execute and deliver a new Release and Dismissal With Prejudice Stipulation (provided that if such Person is represented by counsel, then only such counsel shall be required to execute such Dismissal With Prejudice Stipulation) if the prior Release and Dismissal With Prejudice Stipulation were returned to such Enrolled Program Claimant pursuant to Section 2.7.3.1 (and may be required to execute and deliver a new Medical Record Authorization Form and Employment Record Authorization Form). Any determination by the Claims Administrator not to, or any other failure by the Claims Administrator to, exercise the discretion afforded to it under this Section 2.8 is final, binding and Non-Appealable.
New Evidence. Any information, materials or testimony of witnesses not previously made known to each party during Level Three of the grievance procedure may not be used in arbitration without at least seventy-two (72) hours prior notice to the other party.
New Evidence. No new evidence can be presented at any level of the grievance, by either party, than what was already presented at the First Level of the grievance.
New Evidence. The appeal arbitrators may not receive new evidence. The appeal arbitrators must make their decision based only on the evidence that was presented to the arbitrator.
New Evidence. 17.1 An interested party may apply to the Board to lead new evidence on appeal.
