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Appendix A: Procedures for Appeals Hearings (Excepting Promotion or Tenure Recommendation Appeals)

The Faculty Appeals Committee uses these procedures in hearings dealing with appeals initiated by individual faculty members with the exception of appeals of promotion or tenure recommendations from the Faculty Status Council (the appeal of these recommendations is described in the Manual’s sections on Promotion and Tenure). These procedures and the related policies have been developed and adopted by Berea College. The College is bound only by its own procedures and policies, not by the policy statements of any external organization. These procedures are intended to insure fair process; the hearing is not expected to follow formal rules of a court of law.

  1. The Chairperson of the Committee will schedule, make all arrangements for, and moderate the hearing.
  2. Before the hearing begins the Chairperson is responsible for insuring that the points at issue are clearly defined in writing, and that both parties and the Committee fully understand the matter(s) to be resolved. In case the two parties cannot agree on the matter(s) to be resolved, the Committee will determine what is to be decided.
  3. Documentary evidence pertinent to one or more of the four grounds of appeal listed in the Faculty Manual may be submitted by either party to the dispute. Character evidence, either documentary or by witnesses, may not be presented. All submitted evidence is available to both parties.
  4. Documentary evidence should be in hands of the Committee Chairperson at least seventy-two hours before the formal hearing begins. The Chairperson will distribute all such materials to both parties at least forty-eight hours before the formal hearing begins. Submission of such materials after that deadline requires the approval of the Committee. The Committee also may request such materials from either party.
  5. Persons knowledgeable about the point(s) at issue may be called by either party, or by the Committee itself. Each party may question any person who appears before the Committee. A list of persons to be called should be submitted to the Committee Chairperson five class days before the hearing commences. The Chairperson will inform each party of all persons to be called, and will schedule the appearance of such persons.
  6. Each party may make use of an advisor at the hearing. The advisor must be a member of the faculty, staff, or administration of Berea College.
  7. The hearing is confidential and private. Attendance at the hearing will be limited to the Faculty Appeals Committee, the faculty member and an advisor, and the administration’s representative and an advisor. Each of the above persons is permitted to be present for the entire hearing.
  8. The hearing is tape-recorded, and the Committee and both parties will have access to the tapes. After the Committee makes its recommendations(s), the tapes will be kept in the President’s Office until no longer needed. The President of the College will serve written notice to both parties and to the Chairperson of the Faculty Appeals Committee two weeks in advance if the tapes are to be destroyed.
  9. The order of presentation in the hearing will be:
    1. The appellant’s case, including persons called on his/her behalf, followed by opportunity for questions.
    2. The case of the other party, including called persons, followed by opportunity for questions.
    3. Persons called by the Committee, followed by opportunity for questions.
    4. Recall of persons previously consulted, if necessary.
    5. Closing arguments of the other party.
    6. Closing arguments of the appellant.
  10. Members of the Committee are free at any appropriate time to direct questions to either party or any person appearing before the Committee.
  11. When the Committee has heard all the testimony, the hearing is concluded and the Committee meets in executive session to reach its conclusions. Within fifteen days of the end of the hearing, the Committee will report its findings and recommendation(s) to the President of the College.