Each party to the grievance may represent him or herself, and may have the right to
be represented by a person of his or her choice, except that an attorney shall not
represent a party unless, in the judgment of the Grievance Hearing Committee,
complex legal issues are involved. If a party wishes to be represented by an
attorney, a request must be presented not less than five (5) business days prior to
the date of the hearing. If one party is permitted to be represented by an attorney,
the other party shall have the right to be represented by an attorney. The hearing
committee may also request legal assistance through the superintendent/president.
A legal advisor provided to the hearing committee may sit with it in an advisory
capacity to provide legal counsel but shall not be a member of the panel nor vote
with it.
Hearings shall be closed and confidential unless all parties request that it be open
to the public. Any such request must be made not less than five (5) business days
prior to the date of the hearing.
In a closed hearing, witnesses shall not be present at the hearing when not
testifying, unless all parties and the committee agree to the contrary.
The hearing shall be recorded by the Grievance Officer by either audio recording or
stenographic recording, and shall be the only recording made. No witness who
refuses to be recorded may be permitted to give testimony. At the beginning of the
hearing in the event the recording is by audio recording, the Grievance Hearing
Committee Chair shall ask each person present to identify him or herself by name,
and thereafter shall ask witnesses to identify themselves by name. The audio
recording shall remain in the custody of the District at all times, unless released to a
professional transcribing service. Any party may request a copy of the audio
recording.
All testimony shall be taken under oath. The Grievance Hearing Committee Chair
shall administer the oath. Written statements of witnesses under penalty of perjury
shall not be used unless the witness is unavailable to testify. A witness who refuses
to be audio recorded shall be considered unavailable.
Within ten (10) business days following the close of the hearing, the Grievance
Hearing Committee shall prepare and send to the dean of student services or
designee or designee a written decision. The decision shall include specific factual
findings regarding the grievance, and shall include specific conclusions regarding
whether a grievance has been established as defined above. The decision shall
also include a specific recommendation regarding the relief to be afforded the
grievant, if any. The decision shall be based only on the record of the hearing, and
not on matters outside of that record. The record consists of the original grievance,
any written response, and the oral and written evidence produced at the hearing.
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