If a hearing is required in a matter involving charges of (1) a violation of academic freedom or (2) prejudice, the AFTPE Committee will select a hearing panel in accord with Senate-approved rules (See Section 4.61.) The chairperson of the AFTPE Committee will appoint a hearing officer who will serve as a nonvoting member of the panel, responsible for the procedural aspects of the hearing. Any objections to rulings made by the hearing officer in the course of the hearings will be made to the voting members of the panel, whose decision in the matter will be final.
The panel in consultation with both parties and the AFTPE Committee will exercise its judgment whether the hearings will be open to the academic community or closed.
The hearing officer will arrange for a record of the proceedings to be maintained. The faculty member will be provided with a typed copy of the record upon request and without cost to the individual.
The burden of proof of the faculty member’s allegations rests on the individual by a preponderance of all the evidence. It is incumbent on those who made the decision not to reappoint the individual to come forward in support of their decision.
If the hearing panel concludes by majority vote of its voting members that the faculty member has proved the allegations of violation of academic freedom or prejudice by the evidence admitted to the record, it will submit its report in writing to the Chancellor along with such recommendations it deems appropriate. Copies of this report will be furnished to both parties and to the AFTPE Committee.
If the Chancellor rejects the report, he or she will set forth in writing the findings that justify rejection. The Chancellor will submit the report to the hearing panel and to the faculty member and provide for their prompt responses. Following its response, if any, the hearing panel will have discharged its duties in the case. The AFTPE Committee will be provided with the Chancellor’s report and any responses to it, and will be responsible for monitoring the final disposition of the case.