Section 8-A1707. HEARING PROCEDURES AND SAFEGUARDS

 

1707.1An employee shall be afforded the following safeguards in connection with the hearing held pursuant to this section:

 

(a)The right to be represented by counsel or other representative of the employee's choice, at the expense of the employee;

 

(b)The right to cross-examine any witness testifying for the School of Law;

 

(c)The right to call witnesses in the employee's behalf and to present other evidence in support of the appeal, including the right to call employees of the School of Law to appear as witnesses in his or her behalf;

 

(d)The right of access to materials in the adverse action file, pursuant to the provisions of §1704; and

 

(e)The right to a free copy of the electronic recording made of the hearing.

 

1707.2An employee or employee's representative may arrange to have a record of the hearing taken and transcribed by a qualified reporter hired by the employee at the employee's expense; Provided, that the Office of the Dean shall be notified of any arrangement for a record of the hearing not less than three (3) days prior to the scheduled date of the hearing.

 

1707.3All adverse action hearings shall be closed to the public unless the employee who requested the hearing specifically requests that the hearing be open. An open hearing may be closed at any time upon the request of the employee.

 

1707.4The rules of evidence shall not be strictly applied at the hearing; however, the person conducting the hearing shall have authority to use the rules of evidence currently in effect in the Superior Court of the District of Columbia as guidelines for the orderly conduct of the hearing. Evidence or testimony offered by either party that is irrelevant or repetitive may be excluded.

 

1707.5All testimony shall be given under oath or affirmation.

 

1707.6Any person may be excluded from the hearing room for conduct that interferes with the hearing process.

 

1707.7Any party may file a post-hearing brief at the conclusion of the hearing at its own initiative.

 

1707.8The official record of the hearing shall consist of the following:

 

(a)The notice of adverse action;

 

(b)The request for the hearing;

 

(c)The written response of the employee, if any;

 

(d)An electronic recording of the hearing;

 

(e)Any post-hearing briefs or proposed findings submitted by the parties; and

 

(f)Written findings, the recommendation of the hearing officer or panel, and the final decision of the Dean.

 

source

Final Rulemaking published at 35 DCR 7771 (October 28, 1988).