Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections

REGENTS’ POLICY MANUALSECTION 2—ACADEMICSservice shall begin September 1 and end August 31, except that if a hearing is in progress at this time, anyretiring member of the FAB who is on the Hearing Committee shall be continued on the HearingCommittee until the case in process is closed. If a member of the FAB ceases to be a full-time member ofthe faculty, or if his or her duties become primarily administrative, the Faculty Senate shall elect areplacement to complete the term; but if the change in the Board member’s status occurs during serviceon a Hearing Committee, the FAB member shall continue to serve on the Hearing Committee until theconclusion of the case unless either the complainant or respondent objects, in which case the FABmember shall be replaced by another member of the FAB chosen by the procedure prescribed for theoriginal selection of the Hearing Committee.(f) Pre-Hearing ProcessThe following procedure shall occur upon initiation by either party after an unresolved investigation ofharassment, discrimination, or retaliation, after the filing of due process or academic freedom grievances,or after a request for a hearing by the President (see Faculty Handbook).(1) Selection of Hearing CommitteeThe Chair of the FAB immediately will notify the respondent(s) of the grievance and will schedule ameeting of the parties within 5 classroom days to select the Hearing Committee. The Hearing Committee,which shall serve at the pre-hearing and at the formal hearing, if convened, will be selected as follows:(a) The complainant and respondent alternately shall select three names from the FAB pool. The FABChair is responsible for ensuring that those selected choose within 5 classroom days a seventh name fromthe FAB pool to serve as chair.(b) Any member of the FAB selected to serve on a Hearing Committee who is a member of the sameacademic unit or related within the third degree by consanguinity or affinity to the respondent or thecomplainant or who is biased or has a personal interest in the outcome of the case shall be disqualifiedfrom serving on the Hearing Committee.(c) The complainant and the respondent in the case may each request to the Chair of the FAB that amember or members of the Hearing Committee be disqualified on grounds of bias or personal interest inthe case. If, however, a challenge for cause is disputed by either party, the Hearing Committee shalldecide by majority vote whether cause has been shown.(d) Prior to the commencement of a hearing, members of a Hearing Committee who have beendisqualified and any members who, by reason of illness or absence from campus, are unable to serve,shall be replaced immediately by the FAB Chair. The replacement shall be determined by the procedureherein, with replacements being selected by the party whose initial selection was eliminated, or by theHearing Committee if the Chair is the member being replaced. After the commencement of the prehearingand/or hearing, a decision by the Hearing Committee Chair, or by the Chair of the FAB if theabsent member is the Hearing Committee Chair, will determine whether the member should be replacedor if the pre-hearing and/or hearing shall continue without a replacement. No members of the FAB maybe eligible for selection for a hearing committee if they currently are serving on another ongoing hearing.(2) Pre-HearingWithin 10 classroom days of the deadline for the respondent’s written response to the complaint the Chairof the Hearing Committee will schedule an orientation/pre-hearing.(a) The Chair of the FAB will orient the Hearing Committee. If the grievance specifies harassmentbecause of race, ethnicity, or sex or discrimination because of race, national origin, sex, color, age,religion, disability, political beliefs, or status as a veteran, the University Equal Opportunity Officer alsowill orient the Hearing Committee.THE UNIVERSITY OF OKLAHOMA 58