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32

strikes two names so that three names remain. Neither the faculty member nor the

President may strike the name of more than one Full Professor. These three persons

constitute the Faculty Hearing Committee. The process of striking shall be completed

within ten days of receipt of the proposed names from the Faculty Advisory Committee,

by both the faculty member concerned and the President or the President's representative.

The President notifies the faculty member concerned that the Faculty Hearing Committee

has been selected; the President also sets a date for the hearing to commence. The hearing

date is not fewer than twenty nor more than thirty days from the date of this notice of the

Hearing Committee’s selection. So that the Committee may consider the matter prior to

commencement of the hearing, the President may request that the faculty member submit

a formal written reply to the proposed grounds for dismissal. The Faculty Hearing

Committee appoints its own chair and determines its own rules for procedures not

specified below. Those rules include, but are not limited to, the following:

1.

The Hearing Committee will not be bound by strict rules of legal evidence in

considering the issues involved.

2.

The Committee, in consultation with the President and the faculty member

concerned, will exercise its judgment regarding whether the hearing should be

public or private.

3.

During the proceedings, both the faculty member concerned and the College

shall have the privilege of being represented by an advisor of his or her or its

choosing who may act as counsel.

4.

A verbatim record of the hearing or hearings will be taken. Such record may

be kept by mechanical or electronic means as determined by the Hearing

Committee.

5.

The burden of proof that “cause” exists rests with the College and shall be

satisfied by a preponderance of the evidence.

6.

The Hearing Committee may grant adjournments to enable either party to

meet specific needs.

7.

Whenever practical, the faculty member concerned and the College will have

the right to confront and cross-examine witnesses. When witnesses cannot or

will not appear, the Committee shall identify the witnesses, disclose their

statements (if any) and, if possible, provide for interrogatories.

8.

The findings of fact and the Hearing Committee's recommendations will be

based solely on the hearing record.