Respondent's and Accuser's Rights in Formal Hearing

     No. 9-13      Rev.   Date 12-1-87

 

I. REFERENCE

PPM 9-20, Security at Weber State University Hearings

II. POLICY

A. Respondent's Rights

1. The respondent has a right to utilize the services of a representative at any and all stages of the proceedings. However, as indicated in PPM 9-11, Informal Procedures and the Informal Conciliatory Meeting, section D, 3, if either the respondent or the accuser chooses to invoke the right to have a representative present in the informal conciliatory meeting, that step in the process may be omitted at the discretion of the responsible administrator and the parties will begin formal hearings, if a formal charge is filed.

2. The respondent has a right to review, with or without counsel present, pertinent information, materials or other evidence gathered during or as a result of any preliminary investigation conducted in accordance with PPM 9-11, Informal Procedures and the Informal Conciliatory Meeting.

3. The respondent may submit evidence or other material which addresses the complaint or formal charge.

4. The respondent may request that witnesses be heard at any time in the proceedings. The request will be granted if deemed appropriate or otherwise of value by the responsible administrator or the Faculty Board of Review.

5. During the formal hearing, the respondent will have the right to present evidence, and to call witnesses to testify in the respondent's behalf. The respondent will also have the right to direct cross-examination of the accuser and witnesses or to submit questions to the Faculty Board of Review for its inquiry as decided upon in the pre-hearing conference (PPM 9-12, Formal Hearing, I, B). The Faculty Board of Review may at any time limit both the nature and duration of such testimony or cross-examination when it is deemed inappropriate, irrelevant, repetitious or otherwise of little use in the proceedings.

6. The respondent may elect to remain silent.

7. The respondent shall have the right, with a representative, to attend meetings of the Faculty Board of Review during the formal hearing process (except those sessions which are closed for the purpose of deliberations and voting).

8. The respondent has the right of all faculty to examine any University records which are retrievable in the faculty member's name, with the exception of legally privileged documents or other documents classified as confidential, according to the laws of the State of Utah. All procedures outlined in PPM 9-15, Reports and Records, thus apply.

9. The respondent may appeal, in writing, the recommendation of the Faculty Board of Review, to the president, within ten days of the date of the recommendation.

B. The respondent has the right to expect the following:

1. The accuser shall bear the responsibility of showing, through a preponderance of evidence, that adequate cause exists to continue the hearings or to find cause against the respondent; such a preponderance of evidence shall be determined from the record when considered as a whole.

2. Adequate time, including adjournment during formal hearings, shall be granted to enable either party to investigate evidence to which a valid claim of surprise is made.

3. The decision will be based upon the evidence gathered and heard during the informal and formal procedures.

4. A verbatim record of each formal hearing session shall be kept and a copy (either typewritten or electronically recorded) provided to the respondent upon request as outlined in PPM 9-12, Formal Hearing. The least costly copy shall be provided without fee.

5. Reasonable efforts will be made to obtain the most trustworthy and reliable evidence available; however, the responsible administrator and the Faculty Board of Review shall not be bound by strict rules of legal evidence but may admit any evidence which is deemed useful in appropriately addressing the complaint or formal charge.

6. Publicity by anyone involved in the proceedings should be avoided.

C. Accuser's Rights

1. The accuser has a right to utilize the services of a representative at any and all stages of the proceedings. However, as indicated in PPM 9-12, Formal Hearing, section D, 2, if either the respondent or the accuser chooses to invoke the right to have a representative present in the informal conciliatory meeting, that step in the process may be omitted at the discretion of the responsible administrator and the parties will begin formal hearings if a formal charge is filed.

2. The accuser may submit evidence or other material which addresses the complaint or formal charge.

3. The accuser may request that witnesses be heard at any time in the proceedings. The request will be granted if deemed appropriate or otherwise of value by the responsible administrator or the Faculty Board of Review.

4. During the formal hearing, the accuser will have the right to present evidence and call witnesses to testify. The accuser will also have the right to direct cross-examination of the respondent and witnesses or to submit questions to the Faculty Board of Review for its inquiry, as decided upon in the pre-hearing conference (PPM 9-12, Formal Hearing, section I, B). The Faculty Board of Review may at any time limit both the nature and duration of such testimony or cross-examination when it is deemed inappropriate, irrelevant, repetitious or otherwise of little use in the proceedings.

5. The accuser may appeal, in writing, the dismissal of the formal charge or the recommendation of the Faculty Board of Review to the president, within ten days of the date of the dismissal or recommendation.

D. The accuser has the right to expect the following:

1. Any complaint brought will be reviewed in accordance with the policies outlined herein.

2. Adequate time, including adjournment during formal hearings, shall be granted to enable either party to investigate evidence to which a valid claim of surprise is made.

3. The University will provide adequate protection from improper retaliation or other infringements on the accuser's civil or professional rights by the respondent.

4. The decision will be based upon the evidence gathered and heard during the informal and formal procedures.

5. A verbatim record of each formal hearing session shall be kept and a copy (either typewritten or electronically recorded) provided to the accuser upon request as outlined in PPM 9-12, Formal Hearing. The least costly copy shall be provided without fee.

6. Publicity by anyone involved in the proceedings should be avoided.


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