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DOCUMENTS OF THE GENERAL FACULTY

REVISED PROPOSAL FOR REVISION OF THE HANDBOOK OF OPERATING PROCEDURES 3.18 REGARDING DISCOVERY AND THE RIGHTS OF PARTIES WHEN A FORMAL HEARING IS TO BE HELD (D 3281-3282)

On behalf of the Faculty Grievance Committee, Professor Susan Heinzelman (English and committee chair) submitted the following revision to the 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 original proposal was approved by the Faculty Council at its meeting on May 10, 2004.

The secretary has classified this as emergency legislation. It will be presented to the Faculty Council for action at its meeting on February 21, 2005.

<signed>

Sue Alexander Greninger, Secretary
The Faculty Council

Posted on the Faculty Council Web site on February 18, 2005. Paper copies are available on request from the Office of the General Faculty, FAC 22, F9500.


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REVISED PROPOSAL FOR REVISION OF THEHANDBOOK OF OPERATING PROCEDURES 3.18 REGARDING DISCOVERY AND THE RIGHTS OF PARTIES WHEN A FORMAL HEARING IS TO BE HELD (D 3281-3282)

Sec. 3.18. Faculty Grievance Procedure

V. Formal Hearing Procedures
B. Rights of Parties
6. [Item "a" under discussion as follows:]
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.

Faculty Council proposal, D 3281-3282

 
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] Grievants 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 hearing panel to limit the discovery, discovery will be facilitated through the cooperation and agreement of the parties. Grievants may make their request for documents or the records through Open Records.

Grievance cases can nearly always be addressed with information from University records that does not exceed several hundred pages. The University will support retrieval of information within normal bounds without cost. In the event that an extraordinary request is made for very large amounts of information, the Chair of the Faculty Grievance Committee, in consultation with the Provost, will review the request and define appropriate terms for cost-free retrieval. If grievants wish to go beyond those terms, they may do so at prescribed costs under the State’s open-records law.