COA 09-11 Catalog - Peralta Colleges

district policies and procedures2116. All information derived from the complaint isconfidential. Information may not be made publicnor discussed with anyone except those with alegitimate need to know.7. The hearing shall be open only to persons directlyinvolved in the matters to be heard. The bargainingagent representing the respondent may send anobserver to any hearing.8. The committee may call in “expert witnesses” if thesubject of the grievance is beyond their expertise.9. The committee shall inform the witnesses (otherthan the accused) in writing that they are soughtfor interview purposes and their participation in theprocess is requested by the committee. Witnessesshall also be informed as to the purpose of theinterview, the general subject of the interview, andtheir right to request representation by anyone oftheir choosing prior to and during said interview.10. Any member of the committee may ask questions ofany witness.11. The hearing shall be conducted so as to bringall of the relevant information and evidence tothe members of the committee in an orderly andintelligible form. Formal rules of evidence shall notapply. Any relevant evidence shall be admitted, if itis the sort of evidence on which responsible personsare accustomed to rely upon in the conduct of seriousaffairs. Accusations not specifically related to thealleged violation shall not be considered relevant.The rules of privilege shall apply to the same extentthat they are recognized in civil actions.12. At all steps of the process, both the student filing andthe other party have the right to be accompanied,advised and represented by a person or counsel oftheir choosing. If either party wishes to be representedby an attorney, a request must be presented notless than 10 days prior to the date of the hearing.If the student is permitted to be represented by anattorney, the college representative may requestlegal assistance. The hearing committee may alsorequest legal assistance; any legal advisor providedto the panel may sit with it in an advisory capacityto provide legal counsel but shall not be a memberof the panel nor vote with it.13. If the respondent or his/her representative, or both,are absent from all or a part of the hearing, thecommittee shall make its recommendations on thebasis of whatever evidence is submitted before thehearing and on whatever evidence and testimony ispresented to the committee during the hearing.14. The committee shall make all evidence, written ororal, part of the record.15. The committee shall judge the relevancy and weightof testimony and evidence and make its findings offact, limiting its investigation to the formal charge.The decision shall be based only on the record of thehearing, and not on matter outside of that record.16. The burden shall be on the grievant to prove by apreponderance of the evidence that the facts allegedare true and a grievance has been sufficientlyestablished.17. The hearing date may be postponed or continuedat the discretion of the Chair of the committee. Bothparties shall be given notice of the new or continuedhearing date.18. The votes of the majority of the members present (atleast 3 votes) are necessary in order for the committeeto make a recommendation to the Vice President ofStudent Services.19. The Chair of the committee shall notify the VicePresident of Student Services of the committee’srecommendation within 10 days.20. A summary record of the proceedings held in aclosed session shall be kept in a confidential file bythe Vice President of Student Services and shall beavailable at all times to the accused person. The VicePresident of Student Services has the responsibilityto ensure that a proper record is maintained andavailable at all times.f. Final Decision by Vice President of Student ServicesBased on the grievance hearing committee’srecommendations, the Vice President of Student Services(or designee) may accept the recommendation, return itto the committee for further review, or reject it. Within10 days of receipt of the committee’s recommendation,the Vice President of Student Services (or designee) shallsend written notification to the parties and committeeinforming them of:• The committee’s recommendation;• The final decision by Vice President of StudentServices; and• Appeals procedure