Hearing

The hearing will be conducted under the control of the Chair of the Hearing Committee. The Hearing Committee may consider only such evidence as is presented at the hearing and need consider only such evidence as it considers fair and reliable. All witnesses may be questioned by the Hearing Committee members, the appellant(s), the College officials involved in the matter, the legal counsel or representative(s) of the appellant(s), the legal counsel representing the College officials involved in the matter, and the legal counsel representing the Hearing Committee. The Committee may call additional witnesses or request to see any additional records or other information it deems relevant. If the Committee requests additional testimony or evidence, such evidence may be represented and such witnesses may be questioned in accordance herewith. Any such additional evidence may be questioned in accordance herewith. Any such additional evidence may be represented at the initial Hearing or the Chair, in his or her sole discretion, may postpone the Hearing for up to ten (10) business days and reconvene at that time to hear such evidence.

The Hearing will begin with presentation by the party having the burden of proof of evidence to support his or her contentions. The College officials or appellant(s) involved in the matter will then be entitled to present rebuttal evidence. The Chair of the Hearing Committee may then allow such rebuttal or hear any additional positions of the appellant(s) and/or the College officials involved in the matter as the Chair deems reasonable. During these proceedings, the Hearing Committee may at any time meet in closed session with only the Committee members and any other person(s) so requested to be in attendance. At the end of all presentation of evidence, the Hearing Committee will meet in closed session to consider and reach a final disposition of the matter.

The Hearing Committee will notify in writing the appellant, the President, and any other parties involved in writing of its decision within ten (10) business days of the final hearing in the matter. If the Hearing Committee affirms the decision below, then this will constitute the final action of the College in the matter, and all proceedings hereunder will be deemed to be terminated. If the Hearing Committee decides that some relief is merited then the committee will notify the President, the appellant, and any parties involved, of its disposition of the matter, which will be deemed to terminate all proceedings hereunder, or will recommend such other action as it deems appropriate in its sole discretion.

Implementation and Enforcement of Decisions

Any decision of the Hearing Committee rendered hereunder will be implemented and enforced by the President.

Compliance with Time Requirements

If applicant(s) fail(s) to comply with any of the time requirements set forth herein with respect to completing and filing the documents required to pursue his or her appeal, to appear or be represented at the Pre-Hearing Conference, or otherwise to proceed under this appeal procedures, then the last substantive decision rendered on behalf of the College will stand as final, and all proceedings hereunder will be deemed to be terminated.

Notice to Appellants

Notices, decision, and other documents in this proceeding may be mailed to the appellant(s) at his or their address(es) of record by U.S. Postal Service first-class mail, postage prepaid and such mailing will be deemed delivered upon actual receipt by the party to whom sent or after three calendar days of when sent, whichever first occurs. The address of record from an appellant is the address of the appellant shown on the Notice of Appeal unless thereafter amended by the appellant. Personal delivery of documents to the appellant or to his legal counselor shall also constitute valid delivery and notice of documents.

Definition of Business Day

Business day is defined as any day the College is open to do business.