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4.3.4 The Final Hearing Before the Advisory Board

Last updated on:
Friday, September 1, 2017
Formerly Known As Policy Number: 
4.3.D

(1)  After the Hearing Officer has submitted the findings of fact to the Advisory Board, the Board will schedule a Final Hearing.

(2)  Each party has the opportunity to file a written brief, not later than one week before the scheduled start of the Final Hearing. This brief may include any or all of the following matters:

a.  Challenges to rulings of the Hearing Officer or the Advisory Board, except that a ruling of the Hearing Officer during the Evidentiary Hearing can be challenged only if an objection was recorded at the time;

b.  Whether the Hearing Officer’s findings of fact are supported by substantial evidence;

c.  Whether the faculty member has committed professional misconduct as charged; and

d.  Whether the sanction proposed by the Provost is appropriate.

(3)  At the Final Hearing before the Advisory Board, the parties will be given an opportunity for oral argument, within time guidelines set by the Board.

(4)  As a result of the Final Hearing, the Advisory Board may ask the Hearing Officer to clarify the findings of fact or make additional findings on the basis of the evidence. The Board will give both parties an opportunity to comment on these clarifications or additional findings. The Board may also order the Hearing Officer to reopen the Evidentiary Hearing to hear evidence on specified issues. If necessary, the Board may reopen the Final Hearing.

(5)  Within one week after the Final Hearing before the Advisory Board, either party may file a written reply, which is limited to the issues raised by the opposing brief and the opposing party’s oral argument.