DISPUTE RESOLUTION HEARING PROCEDURE
 
 

 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.