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3281
DOCUMENTS OF THE GENERAL FACULTY
PROPOSED REVISION OF THE HANDBOOK OF OPERATING PROCEDURES 3.18 REGARDING
DISCOVERY AND THE RIGHTS OF PARTIES WHEN A FORMAL HEARING IS TO BE
HELD
On behalf of the Faculty Grievance Committee, Professor Janet Staiger (radio-television-film) submitted the following recommendation for change in the Handbook
of Operating Procedures regarding discovery and the rights of parties when a formal hearing is to be held.
The secretary has classified this as general legislation. It will be presented to the Faculty Council for action at its meeting on May 10, 2004.
<signed>
Sue Alexander Greninger, Secretary
The Faculty Council
Posted on the Faculty
Council Web site on May 4, 2004. Paper copies are available
on request from the Office of the General Faculty, FAC 22, F9500.
3282
PROPOSED REVISION OF THE HANDBOOK OF OPERATING
PROCEDURES 3.18 REGARDING DISCOVERY AND THE RIGHTS OF PARTIES
WHEN A FORMAL HEARING IS TO BE HELD
Sec. 3.18. Faculty Grievance Procedure
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Formal Hearing Procedures
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Rights of Parties
6.
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a. When a hearing is to be held, the grievant shall be afforded
an opportunity to obtain necessary witnesses and documentary or other
evidence, and the administration shall assist in securing the cooperation
of witnesses and make available any necessary documents and other
evidence within its control. Both the grievant and the administration
may obtain discovery of documents and other real evidence for purposes
of inspection and copying. Such discovery may be obtained regarding
any matter not privileged that is relevant to the issues before the
panel. Unless the party of whom the discovery is requested seeks
an order of the panel to limit the discovery, discovery will be facilitated
through the cooperation and agreement of the parties.
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b. If the party of whom discovery is requested believes that all
or some of the requested material is not discoverable, or believes
that the use of some or all of the requested materials should be
limited, or believes that some or all of the requested materials
should not be seen by certain persons, that party may petition the
panel to relieve it of having to divulge the requested materials
or to order limitations on the use of particular materials. The panel
may require that the requested material be filed with it in order
that it may make reasonable disposition of the motion to limit discovery.
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Revision
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a. When a hearing is to be held, the grievant shall be afforded
an opportunity to obtain necessary witnesses and documentary or other
evidence, and the administration shall assist in securing the cooperation
of witnesses and make available any necessary documents and other
evidence within its control. Both the grievant and the administration
may obtain through the Open Records Coordinator discovery of documents
and other real evidence for purposes of inspection and copying, with
cost only for copying documents. Such discovery may be obtained regarding
any matter not privileged that is relevant to the issues before the
panel. Unless the party of whom the discovery is requested seeks
an order of the panel to limit the discovery, discovery will be facilitated
through the cooperation and agreement of the parties.
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