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Faculty Manual - COST Home Page - Texas Southern University

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7.6 Hearing Procedure<br />

7.7 Representation<br />

A. The committee chair shall provide at least fourteen (14) calendar days written<br />

notice of the scheduled hearing date to the accused faculty member and to the<br />

<strong>University</strong>.<br />

B. In every hearing, the accused shall have the right to appear in person and to<br />

confront and cross-examine witnesses who may appear. The accused may be<br />

assisted or represented by an attorney.<br />

C. The accused faculty member shall have the right to testify, but the faculty<br />

member may not be required to do so, and may introduce evidence, written or<br />

oral, which may be relevant or material to the defense.<br />

D. A stenographic or electronic record of the proceedings shall be taken and made<br />

accessible to the accused.<br />

E. The burden of proof shall be upon the administration to prove good cause by a<br />

preponderance of the evidence. The accused faculty member has the same<br />

right.<br />

A representative of the <strong>University</strong> shall have the right to attend proceedings before the hearing<br />

committee and to present witnesses and evidence against the accused faculty member and in<br />

support of the charge brought against such faculty member, and such <strong>University</strong> representative<br />

shall have the right to cross-examine the accused faculty member (if the faculty member<br />

testifies) and the witnesses offered on behalf of the faculty member. The <strong>University</strong><br />

representative may be assisted by or consist of <strong>University</strong> counsel.<br />

7.8 Committee Findings and Recommendation<br />

The hearing committee, by a majority of the total membership, shall make written findings on<br />

the material facts and a recommendation of the continuance or termination of the accused faculty<br />

member's tenure or appointment within twenty-one (21) calendar days after the hearing is<br />

concluded. The original written findings and recommendation shall be delivered to the President<br />

and a copy thereof to the accused. If minority findings or recommendations are made, they shall<br />

be distributed in the same manner to the President and the accused within seven (7) calendar<br />

days after submission of the majority report. A copy of the transcript of the proceeding may also<br />

be included in the materials delivered to the President.<br />

7.9 Reviews and Decision by the President<br />

The President shall review the materials and any additional written briefs that the parties wish to<br />

submit and approve, reject, or amend such findings and recommendations or recommit the report<br />

to the same committee for hearing additional evidence and reconsidering its findings and<br />

recommendations. In addition, the President may reject the Committee’s findings and/or<br />

recommendation and make a decision regarding termination of the accused faculty member’s<br />

59

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