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Formal Hearing Committee
10.
If the student contests the Subcommittee’s findings of fact, he or she may request that a
formal Hearing Committee be appointed to hear the allegations. The student may request
a formal hearing by filing a written request for such hearing within ten days of the
meeting with the Dean described in paragraph 8. If the student does not request a formal
hearing within such ten day period, the student shall have waived his/her right to such
hearing. If, within such ten day period, the student files written notice with the Dean of
his/her decision to waive a formal hearing, the matter may proceed immediately for
disposition under paragraph 8 or 9, as the case may be.
11.
The Hearing Committee shall consist of five members appointed by the Dean from the
faculty at large. The Dean shall appoint one of the five members as chairperson. No
member of the Subcommittee may serve on the Hearing Committee. The student may
challenge any member of the Hearing Committee for cause. Such challenges shall be
resolved by the Dean.
12.
The formal hearing shall be closed, except for the parties and necessary staff, unless the
student requests that the hearing be public. Formal rules of evidence shall not apply, but
the chairperson may make such rulings as are necessary to ensure fairness and to expedite
the proceedings. Witnesses will be sequestered unless otherwise agreed upon by the
parties. Witnesses will be sworn by a notary public. The student may be represented by
counsel and shall be entitled to present evidence and cross-examine witnesses. The
allegations and supporting evidence shall be presented by the Chair or by counsel for the
law school. If either the law school or the student intends to be represented by counsel,
the other party shall be notified at least four days prior to the hearing. A taped or
stenographic record shall be made of the proceedings. Opening and closing statements
will be allowed. Members of the Hearing Committee may ask questions, but should
exercise care not to take an adversarial role in the hearing.
13.
The Hearing Committee shall hear the evidence
de novo
and determine whether
sanctionable conduct has been established by clear and convincing evidence. If it finds
that no such conduct has been established, it shall dismiss the charges. If it finds that
such conduct has been established, it shall report to the Dean the nature of the conduct
found, with a recommendation as to the appropriate sanction. A vote of four of the five
members of the Committee (or three out of four if one member is absent) shall be
required to find sanctionable conduct. The Hearing Committee shall issue a written
report containing its findings of fact. A copy of the Hearing Committee’s report shall be
sent to the student.
14. Findings of fact as made by the Hearing Committee shall be final.