- Hearing Panel. The committee will name a five-member panel and will designate its Chair. In most cases, the function of the Hearing Panel is to conduct an objective inquiry into the facts of the situation and to arrive at its independent judgment on the relevant facts viewed in the light of college policies and principles supported by the profession. However, in reviewing grievances regarding salary, evaluations, the decision not to promote, the decision not to confer tenure, the decision not to reappoint, the decision relating to layoff, the decision relating to suspension or dismissal for cause, and the decision relating to harassment, the Hearing Panel will conduct a procedural review and will not substitute its judgment on the merits for that of the P&T Committee, the President or other authority having original jurisdiction. If the faculty member alleges that the decision against renewal was based on inadequate consideration, the Hearing Panel will review the faculty member's allegation to determine whether the decision was the result of adequate consideration in terms of the relevant standards, policies and procedures of the institution.
- Notice. The committee notifies the parties of the names of members of the Hearing Panel. The Hearing Panel, in consultation with the parties, sets a date for the hearing.
- Secretary. The Hearing Panel may select a secretary from the list of present or former members of the committee or from a list of members of the college secretarial staff. The secretary is bound by the committee's policy of confidentiality.
- Hearing Policies
- Assumption of Innocence and Burden of Proof. It is a fundamental principle of fairness that charges against a person are to be made the basis of action only when proven. The burden of proof rests upon those who bring the charges or who file a grievance with the committee.
- Due Process. Except as set forth herein, in all proceedings, academic due process should provide safeguards generally similar to those afforded by due process in legal proceedings. However, the Hearing Panel is not bound to follow the rules of evidence, discovery or other judicial procedure.
- Confidentiality. Committee members, complainants, respondents, and advisers must observe strict confidentiality throughout the proceedings and any subsequent grievance process, and the committee will so inform the parties and any advisers.
- Advisers. Each party will be permitted to have an adviser of their choice from within the Mount Saint Mary College campus community. Neither party may be represented by legal counsel in proceedings before the Professional Standards Committee or any of its Hearing Panels. Advisers will address the panel only at the request of the Chair.
- Closed Hearing. Witnesses are present only when presenting testimony. The hearing is open to the parties and their advisers, except when an individual is dismissed for cause or the committee is meeting in executive session.
- Records. A detailed record of the hearing will be maintained. The Hearing Panel will determine the method of recording the proceedings.
- The Hearing Process. The Chair of the Hearing Panel will call the hearing to order. They may remark as to the purpose and nature of the hearing and may make any requests the panel wishes to make of the parties and their advisers. The Chair will note any restrictions as to the amount of time available and as to any rules of the proceeding.
All individuals presenting testimony may be cross-examined by the complainant, the respondent, and the members of the Hearing Panel. The Hearing Panel, the respondent, and the complainant shall also have an opportunity to request the recall of any of the parties and/or witnesses involved in the proceeding for clarification or elaboration, but not for the purpose of repeating earlier testimony. The respondent and the complainant shall each have an opportunity to present opening and closing remarks to the panel. The panel may impose a time limit on opening and closing remarks. Once testimony and evidence have been received from all parties, the Hearing Panel normally will not accept any new evidence before it begins its deliberations.
All requests to address the panel will be addressed to the Chair. The Chair will rule on all requests, points of order, and all questions of admissibility. Judicial rules of evidence will not necessarily be followed. If a panel member or either party objects to a ruling by the Chair, a majority vote of the panel shall be necessary to overrule the Chair. The panel has the right to dismiss any person from the hearing who interferes with or obstructs the hearing or who fails to abide by the rulings of the Chair or of the panel. Procedural questions which arise during the hearing not covered by these general rules shall be resolved by the panel.
- Postponements. At any time during the hearing, the proceedings may be temporarily suspended at the discretion of the panel.
- Witnesses and Evidence. Whenever possible, the parties will have the opportunity to be confronted by all witnesses. If exceptional circumstances make such confrontation impractical, the panel may, at its discretion, take written statements from individuals who are unable to appear. The panel may also call witnesses to appear before the hearing and may request evidence. The panel will allow the parties to question any such witnesses appearing before the Hearing Panel and will provide copies of written statements to both parties. In no case will the panel consider statements against the respondent unless the respondent has heard or been given a copy of the statements and knows the names of those who made them. In addition, the respondent must be given an opportunity to refute any unfavorable inferences, which might otherwise be drawn.
To simplify the submission of evidence and taking of testimony, the parties may agree to stipulate their mutual acceptance of undisputed matters of fact.
Any documents or other items accepted as evidence are to be made fully accessible to both the complainant and the respondent, subject only to the restrictions imposed by the Buckley Amendment. The Chair specifies when and to whom the evidence must be submitted in order to allow any necessary editing of documents and to allow both parties a reasonable length of time to see the evidence before the hearing. Documentary evidence submitted during a session of the Hearing Panel may be used during that session only if the panel and both parties grant permission to do so. In keeping with the regulations implementing the Buckley Amendment, the committee, when necessary, will edit or obscure portions of such documents as academic records, course work, or grade books, so as to avoid divulging personally identifiable information about a student or students to another student who may be a witness or a party to a case. Personally identifiable information need not be edited if the student affected signs a waiver of their Buckley Amendment right to confidentiality.
In cases which call into question a faculty member's professional conduct and performance, the panel may call the Vice President for Academic as a witness. The panel may inquire both as to the VPAA’s knowledge of the specific complaints being addressed in the hearing and their knowledge of similar issues raised within the preceding five years. The panel may request and the VPAA is obligated to provide any documentary evidence in their possession regarding the issues raised, including any agreement(s) between the faculty member and themselves to address such issues during the last five years that have been retained in the VPAA's Record File.
- Deliberation by Hearing Panel in Executive Session. The panel will meet in executive session to make its decision, which will be based solely on the evidence introduced at the proceeding. An explicit finding will be made on each specified charge. A majority vote is sufficient for each finding. Prior to making its decision, the panel may decide to adjourn and to reconvene the hearing at another time.
- Disposition of the Case. The panel will dismiss the charges or will give advisory recommendations to the parties, to the administration, or to the faculty. In reviewing a decision of the P&T Committee, the Professional Standards Committee may request reconsideration of a case by the P&T indicating its rationale. In reviewing a decision by the President, the VPAA or other college officer, the Professional Standards Committee may request reconsideration of a case by the relevant individual indicating its rationale. The findings and recommendations of the Hearing Panel are the findings and recommendations of the Professional Standards Committee.
In cases of grievance related to employment issues (e.g., re/appointment, tenure, promotion, dismissal, etc.) the Professional Standards Committee will report its findings to the faculty member, the VPAA, the Chairperson of P&T, and the President of the College. If the committee’s findings support the faculty member’s allegation(s), in whole or in part, it may recommend that the President reevaluate the recommendations of the VPAA and/or P&T. Should the President upon reevaluation, decide not to recommend tenure or promotion, the final decision rests with the Board of Trustees of Mount Saint Mary College.
The Chair of the panel will notify both parties and the Vice President for Academic Affairs of the panel's findings and recommendations as soon as possible in accordance with published timelines. Both parties will be allowed to examine documents accepted as evidence during the hearing.
The findings of the Hearing Panel shall be delivered to, and a receipt acknowledging delivery shall be signed by, the complainant and respondent(s). Acknowledging receipt does not indicate acceptance of the findings. Should a party to a case refuse to sign a receipt, the Chair of the proceeding together with one other member of the Professional Standards Committee shall deliver the findings to the party, either physically or electronically. They shall then formally place in the records of the committee a signed statement attesting to their actions and including the date and time the findings were delivered.
- Cooperation with the Committee and Its Hearing Panels. Students, faculty, staff and administrators are obligated to cooperate fully with the Professional Standards Committee and its Hearing Panels. Individuals called by the committee to testify must do so. Both faculty and students are obligated to provide to a Hearing Panel, at its request, such evidence as may be in their possession and deemed by the panel to be useful or necessary to its rendering a decision in a case before the panel. The committee and its Hearing Panels shall make reasonable efforts to secure the cooperation of and evidence from potential witnesses. Failure to obtain cooperation or evidence will not be grounds for objections or appeals by either party.
- Appeal. Any party to a case in which the Professional Standards Committee has original jurisdiction, who objects to the findings of the Professional Standards Committee, may file an appeal with the President of the College. Any such appeal shall be submitted in writing within 14 days after the involved parties have been notified of the committee's findings.
Consideration of the appeal shall be based solely on the record and shall be limited to one or more of the following grounds
- that the finding is not supported by substantial evidence or new evidence is uncovered that could change the outcome;
- that procedural violations by the Professional Standards Committee were cumulatively so serious that they prevented the accused from receiving a fair hearing
- that the discipline imposed was excessive or inappropriate
Except as noted in (2) above, procedural violations by the committee and its Hearing Panels are not grounds for appeal.
It shall be the responsibility of the President to make prompt disposition of all appeals. Except where limited by other pertinent, stated deadlines), decision shall be rendered within 30 days after receipt of the complete record of the case on appeal. If the President does not respond to an appeal within 30 days of receiving the complete record of the case, the panel's findings and recommendations regarding disciplinary action shall stand as final.
In the event that a claim is made that additional evidence has become available which would have materially affected the judgment of the panel, the President will return the case to the Hearing Panel for reconsideration.
- Postponement of Sanction. The President may postpone the imposition of a sanction or remedy while an appeal is being considered if the complainant would not be prejudiced by the postponement.
- Records. A complete record of the case will be kept in the committee's closed file for five years or until any litigation incident to the case is terminated. After that time, the Chair will dispose of the records of the case. Abstracts of procedural statements may be made and retained in the closed file for the committee's information as to precedent.
The VPAA, in cases where the faculty member is found culpable, will retain a record in the VPAA’s Record File.