Page 35 - BSC Faculty Handbook

Faculty Endorsed 5/12/03, Board Approved 5/15/03
Faculty Amended/Endorsed 9/20/04, Board Amended/Approved 10/7/04
Faculty Amended/Endorsed 10/17/05, Board Amended/Approved 10/21/05
Faculty Amended/Endorsed 8/24/07, Academic Affairs Committee Amended/Approved 4/10/07
Faculty Amended/Endorsed 5/6/08, Board Amended/Approved 5/9/08
Faculty Amended/Endorsed 4/14/09, 5/5/09; Board Approved 5/8/09
Faculty Amended/Endorsed 12/7/2011; Board Approved 1/27/12
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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.
9.
The President, or the President's representative, shall have the privilege of
attending all hearing sessions.
10.
The Committee shall notify the President and the Faculty member concerned, in
writing, of its recommendations.
11.
The College must provide the Faculty member concerned a typewritten transcript
of the proceedings of the Hearing Committee, upon request.
The Committee shall submit its findings and recommendation to the President within ten
days after the conclusion of the hearing.
III.B.7.h. President
After receiving the recommendations of the Faculty Hearing Committee, and duly
considering the same, the President shall notify the Faculty member concerned and the
Hearing Committee of his or her decision. If the President decides to terminate the
Faculty member, he or she shall so notify the Faculty member within ten days in writing
and give the date the termination is effective. If the Faculty member does not request
review by the Board of Trustees within ten days after receipt of the President’s decision,
the decision of the President becomes final at that time without other recourse or further
review.
III.B.7.i. Review Panel of the Board of Trustees
If the Faculty member requests a hearing before the Board of Trustees, the Chair of the
Academic Affairs Committee of the Board of Trustees shall appoint a review panel
consisting of not fewer than three or more than five members of the Academic Affairs
Committee of the Board, as the chair may determine, to hear the appeal.
The President shall transmit to the Board panel the record of the case. The Board panel's
review will be based on the record of the proceedings, and, as the Board panel may
direct, on arguments, oral or written or both, and briefs, by the principals at the hearings
or their representatives. The Board panel may, at its discretion, return the matter to the
Hearing Committee for further consideration.
The Board panel’s decision will be issued within twenty-one days after the review panel
is formed and will be final. There shall be no other recourse or review.