Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections
Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections
REGENTS’ POLICY MANUALSECTION 2—ACADEMICSThe following regulations shall apply:Hearing Regulations(a) The parties shall have the right to attend the hearing and to be accompanied by a colleague orcounsel, or by both, to advise them. The names of such advisors and/or counsel shall be provided tothe Chair of the Hearing Committee at least 15 days prior to the hearing. Should the faculty memberelect to use an attorney, the University and/or its administrative representative(s) will be representedby the office of Legal Counsel or its designee.Costs for such representation are borne by therespective parties. All hearings will be closed.(b) The President or his designee may attend the hearing and may have a representative or counsel, orboth.(c) The Chair of the Hearing Committee shall serve as liaison for communication to and from thecomplainant or respondent and the Hearing Committee. Communications related to evidence andhearing procedures should be directed to the Chair of the Hearing Committee. Neither party shallcommunicate orally or in writing with individual Hearing Committee members during the hearingprocedure. To ensure that information provided to the Hearing Committee by either party is part ofthe official documentation of the proceeding, each party is provided with a copy.(d) The Chair of the Hearing Committee is responsible for maintaining a full and accurate record of theproceedings. This shall consist of a tape recording, or, at the option of either party, and at thatparty’s expense, a written transcript taken by a certified court reporter, and shall include copies of allexhibits, or other materials distributed at the hearing.(e) Either party may request a copy of the recording of the proceedings. The recording will bemaintained in the Office of the Legal Counsel for a period of five years. The full cost of the audiorecording the proceedings shall be borne by the University.(f) The written statements of both parties, as provided in Section 3.15.2 (a) and (b) and evidence takenor considered beyond the written statements shall be heard by the entire Committee at the hearingand not beforehand.(g) Both parties shall have the right to present, examine, and cross-examine witnesses.(h) The principles of confrontation shall apply throughout the hearing.(i) The President's Office shall make available to the Hearing Committee Chair such authority as itpossesses to require the presence of witnesses.(j) The Board of Regents shall not be liable for any costs whatsoever incurred by the faculty memberexcept as set forth in this section.(k) The report of the Hearing Committee will be submitted to the Senior Vice President and Provostwithin 10 working days of the conclusion of the hearingTHE UNIVERSITY OF OKLAHOMA 68
REGENTS’ POLICY MANUALSECTION 2—ACADEMICSDisposition of ChargesThe President shall transmit to the Board of Regents the full record of the hearing and the findingsand recommendations of the Hearing Committee, together with presidential recommendations. TheBoard of Regents shall come to a decision in the case based upon the materials submitted plus anyadditional information which it wishes to consider, or return the matter to the Hearing Committee withwritten directions as to how to proceed.(a) When the Board of Regents reviews the matter the principals shall have the opportunity to presentwritten argument. Oral arguments will be presented only upon request by the Board of Regents.(b) If the Board of Regents chooses to return the matter to the Hearing Committee, the committee shallreview the matter in light of the Regents' directions and receive new evidence or information, ifnecessary, and submit a final report of its findings and recommendations to the President fortransmittal to the Board of Regents, as before. The work of the Hearing Committee is finished whenthe President communicates in writing the final decision of the Regents to the Chair of the HearingCommittee and the principals in the case.(c) The full record shall be deposited in the office of the Vice President for University Governance andSecretary of the University. Parties to the case may request copies or excerpts from the full recordafter the completion of the Committee's work.(d) The costs shall be borne by the requesting party.(RM, 1-26-99, p. 26204; 12-3-02, p. 28355)DISCRIMINATION AND HARASSMENT POLICIES AND PROCEDURESThe University has a policy of internal adjudication in matters relating to alleged discrimination. Anyfaculty member, staff member, or student, including those on temporary or part-time status, who believesthat he or she has been discriminated or retaliated against should file a complaint under the GrievanceProcedure for Complaints Based Upon Discrimination, Sexual Harassment, Sexual Assault, ConsensualSexual Relationships, Retaliation or Racial and Ethnic Harassment.Any attempt to penalize or retaliate against a person for filing a complaint or participating in theinvestigation of a complaint of discrimination and/or harassment will be treated as a separate and distinctviolation of University policy.(RM, 7-22-81, 9-17-81, 9-9-82, 9-27-95, 1-14-97)It is the also the policy of the University not to discriminate on the basis of sexual orientation. (President,1-7-93, 9-29-94)Policies Governing Sexual Harassment, Sexual Assault, Consensual Sexual Relationships,Retaliation, or Racial and Ethnic HarassmentThese policies, in their entirety, are contained in Appendices H through J.Grievance Procedure for Complaints Based Upon Discrimination, Sexual Harassment, SexualAssault, Consensual Sexual Relationships, Retaliation, or Racial and Ethnic HarassmentA. Who May Use ProcedureTHE UNIVERSITY OF OKLAHOMA 69
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REGENTS’ POLICY MANUALSECTION 2—ACADEMICSThe following regulations shall apply:Hearing Regulations(a) The parties shall have the right to attend the hearing and to be accompanied by a colleague orcounsel, or by both, to advise them. The names <strong>of</strong> such advisors and/or counsel shall be provided tothe Chair <strong>of</strong> the Hearing Committee at least 15 days prior to the hearing. Should the faculty memberelect to use an attorney, the University and/or its administrative representative(s) will be representedby the <strong>of</strong>fice <strong>of</strong> Legal Counsel or its designee.Costs for such representation are borne by therespective parties. All hearings will be closed.(b) The President or his designee may attend the hearing and may have a representative or counsel, orboth.(c) The Chair <strong>of</strong> the Hearing Committee shall serve as liaison for communication to and from thecomplainant or respondent and the Hearing Committee. Communications related to evidence andhearing procedures should be directed to the Chair <strong>of</strong> the Hearing Committee. Neither party shallcommunicate orally or in writing with individual Hearing Committee members during the hearingprocedure. To ensure that information provided to the Hearing Committee by either party is part <strong>of</strong>the <strong>of</strong>ficial documentation <strong>of</strong> the proceeding, each party is provided with a copy.(d) The Chair <strong>of</strong> the Hearing Committee is responsible for maintaining a full and accurate record <strong>of</strong> theproceedings. This shall consist <strong>of</strong> a tape recording, or, at the option <strong>of</strong> either party, and at thatparty’s expense, a written transcript taken by a certified court reporter, and shall include copies <strong>of</strong> allexhibits, or other materials distributed at the hearing.(e) Either party may request a copy <strong>of</strong> the recording <strong>of</strong> the proceedings. The recording will bemaintained in the Office <strong>of</strong> the Legal Counsel for a period <strong>of</strong> five years. The full cost <strong>of</strong> the audiorecording the proceedings shall be borne by the University.(f) The written statements <strong>of</strong> both parties, as provided in Section 3.15.2 (a) and (b) and evidence takenor considered beyond the written statements shall be heard by the entire Committee at the hearingand not beforehand.(g) Both parties shall have the right to present, examine, and cross-examine witnesses.(h) The principles <strong>of</strong> confrontation shall apply throughout the hearing.(i) The President's Office shall make available to the Hearing Committee Chair such authority as itpossesses to require the presence <strong>of</strong> witnesses.(j) The Board <strong>of</strong> Regents shall not be liable for any costs whatsoever incurred by the faculty memberexcept as set forth in this section.(k) The report <strong>of</strong> the Hearing Committee will be submitted to the Senior Vice President and Provostwithin 10 working days <strong>of</strong> the conclusion <strong>of</strong> the hearingTHE UNIVERSITY OF OKLAHOMA 68