iii. Hearing
The Hearing Committee shall proceed by considering the statement(s) of cause and a written response, if any, submitted by the faculty member. The Hearing Committee may proceed in one of two ways:
(a) If the faculty member has not requested a formal hearing, the Hearing Committee should inquire into the matter and obtain whatever information it deems appropriate.
(b) If the faculty member has requested a formal hearing, the Hearing Committee, in consultation with the provost and the faculty member, shall determine whether the formal hearing should be open or private. If the Hearing Committee determines that the formal hearing should be private, the provost, or his or her designee, who may not be an attorney, in his or her sole discretion, may attend the formal hearing.
If the Hearing Committee determines that there are any facts in dispute, it shall deliver a statement of the facts it deems to be in dispute to the provost, the faculty member, and the person(s) involved (or, if the matter involves the department chair, director, or dean, then the department chair, director, or dean) at least 48 hours prior to the commencement of the formal hearing. In addition, the faculty member and the person(s) involved shall provide any documents which he or she intends to introduce at the formal hearing at least 48 hours prior to the commencement of the formal hearing.
If any facts are in dispute, the oral statements of witnesses and other information concerning the matter shall be received by the Hearing Committee. The faculty member and the person(s) involved shall be given the opportunity to question each witness. If any witness cannot or will not appear, the Hearing Committee may determine whether or not to receive his/her written statement, if the written statement will assist in the fair resolution of the matter. Any such written statement shall be read aloud at the formal hearing. The faculty member and the person(s) may attend the formal hearing and call witnesses and offer additional information whether the formal hearing is open or private.
The Hearing Committee shall adopt procedures for the formal hearing and shall notify the faculty member and the person(s) involved of such procedures. The procedures may be changed from time to time. The Hearing Committee shall determine how documents and information will be introduced, conduct the questioning of witnesses, and, if necessary, attempt to secure the presentation of any information which will assist in the fair resolution of the matter. The introduction of all documents and information and the questioning of all witnesses should usually not exceed a total of eight hours. The Hearing Committee shall inform the faculty member and the person(s) involved how much time each has been allocated to introduce documents and information and to question witnesses.
The faculty member and each person involved may be accompanied to the hearing by only one advisor who may not be a witness but who shall be a member of the faculty or administration of the Institute.
No party to the hearing shall be entitled to representation by an attorney at the hearing. However, the Hearing Committee, in its discretion, may engage counsel to be present at the hearing for the purpose of advising it on procedural matters.