Georgia College and State University
HEARING PROCEDURES
Policy: Board of Regents Policy Manual, Section 8.3.9, http://www.usg.edu/policymanual/section8/
In all instances where a hearing is requested the following hearing procedures shall apply:
- Service of notice of the hearing with specific reasons or charges against the faculty member together with the names of the members of the Hearing Committee shall be made in writing at least twenty (20) days prior to the hearing. The faculty member may waive a hearing or he/she may respond to the charges in writing at least five (5) days in advance of the date set for the hearing.
If a faculty member waives a hearing, but denies the charges or asserts that the charges do not support a finding of adequate cause, the Hearing Committee shall evaluate all available evidence and rest its recommendation upon the evidence in the record. - The Hearing Committee, in consultation with the President and the faculty member, may exercise its judgment as to whether the hearing should be public or private.
- During the proceedings the faculty member and the administration shall be permitted to have an academic adviser and/or counsel of his/her choice. The Hearing Committee will be permitted to have advisory counsel.
- At the request of either party or the Chairman of the Hearing Committee, a representative of a responsible education association shall be permitted to attend as an observer.
- A tape recording or transcript of the proceedings shall be kept and made available to the faculty member and the administration in the event an appeal is filed.
- An oath or affirmation shall be administered to all witnesses by any person authorized by law to administer oaths in the State of Georgia.
- The Hearing Committee may grant adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made.
- The faculty member and the administration shall be afforded a reasonable opportunity to obtain necessary witnesses and documentary or other evidence.
- The faculty member and the administration will have the right to confront and cross-examine all witnesses. Where the witness cannot or will not appear but the committee determines that the interests of justice require the admission of his/her statement, the committee will identify the witness, disclose his statement and if possible provide for interrogatories.
- The Hearing Committee will not be bound by strict rules of legal evidence and may admit any evidence which is of probative value in determining the issues involved. Every possible effort will be made to obtain the most reliable evidence available. All questions relating to admissibility of evidence or other legal matters, shall be decided by the Chairman or presiding officer.
- The findings of fact and the decision of the Hearing Committee will be based solely on the hearing record.
- Except for such simple announcements as may be required covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers should be avoided until the proceedings have been completed, including consideration by the Board of Regents in the event an appeal is filed. The President and the faculty member will be notified in writing of the decision and recommendation, if any, of the Hearing Committee.
- If the committee concludes that adequate case for dismissal has not been established by the evidence in the record, it will so report to the President. If the President does not approve the report, he should state his reasons in writing to the committee for response before rendering his final decision. If the committee concludes that an academic penalty less than dismissal would be more appropriate than dismissal, it may so recommend with supporting reasons. The President may or may not follow the recommendations of the Committee.
- After complying with the foregoing procedures, the President shall send an official letter to the faculty member notifying him/her of his/her retention or removal for cause. Such letter shall be delivered to addressee only, with receipt to show to whom and when delivered and address where delivered. The letter shall clearly state any charges which the President has found sustained and shall notify such person that he/she may appeal to the Board of Regents for review. The appeal shall be submitted in writing to the Secretary to the Board within twenty (20) days following the decision of the President. It shall state the decision complained of and the redress desired. The Board or a committee of the Board shall investigate the matter thoroughly and render its decision thereon within sixty (60) days from the date of the receipt of the appeal or from the date of any hearing which may be held thereon.
- Upon dismissal by the President, the faculty member shall be suspended from employment without pay from the date of the final decision of the President. Should the faculty member be reinstated by action of the Board of Regents, he/she shall be compensated from the date of suspension.