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.
1.3 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 Dispute Resolution
Coordinator 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 Dispute
Resolution Coordinator 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 University Counsel's Office.
2.2 Notice Requirements: Ten (10) working days before the hearing, you must tell or give the Dispute Resolution
Coordinator:
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 Dispute Resolution Coordinator that your advisor is a lawyer. Generally, if you don't give the
Dispute Resolution Coordinator the name of your advisor, you may not bring one. But, if the other side gives the Dispute
Resolution Coordinator 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 Dispute Resolution Coordinator the original or a copy of that
document within one work day, unless the document is confidential. The Dispute Resolution Coordinator 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 Dispute Resolution Coordinator 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 Dispute Resolution Department shall make a tape recording of the proceedings. You may get a
copy of the tape. The record of the hearing shall be the tape recording and all documents or physical objects introduced as
evidence. The record shall be kept by the Dispute Resolution Department 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 decisionmakers
are absent from the University. Any time extension shall be communicated in writing to the Dispute Resolution Coordinator
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 Dispute Resolution Coordinator 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.