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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.

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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

V. Formal Hearing Procedures
B. Rights of Parties
6.
  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.

  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.

  Revision
  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.