This chapter sets forth the adjudicative procedures to be used in resolving disputes involving faculty members that cannot be resolved by informal means. Informal dispute resolution procedures are available at any time during the resolution process, including the time period after a hearing has been requested and before a final decision has been reached. Such procedures include the Conciliation procedure through the Office of the University Ombud. The parties are strongly encouraged to use those procedures and other informal mediation procedures whenever possible.
The adjudicative procedures set forth in this chapter comply with the requirements of the Washington Administrative Procedure Act (Chapter 34.05 RCW.) There are two types of adjudication: the brief adjudication, held before a hearing officer and used in cases that do not warrant an extended fact-finding hearing, and the comprehensive adjudication, which uses a hearing officer as well as a faculty panel, or in some cases, a faculty/student or staff panel. Results of brief adjudications are appealable only if the Brief Adjudication Review Panel reverses or amends the decision of the hearing officer. Results of brief or comprehensive adjudications in which the President is a party to the controversy are appealable to the Board of Regents. Results of adjudications in which the President is not a party to the controversy are appealable to the President. Subject to the provisions of Chapter 34.05 RCW relating to exhaustion of administrative remedies, parties shall avail themselves of these proceedings prior to seeking review beyond the University.
The following terms used in this chapter shall have the meanings set forth below:
|A.||Adjudication Panel is the standing committee of faculty members, students and staff selected pursuant to
Section 28–33, Subsection B. Members of any hearing panel
or other decision making group for a specific case are selected from the Adjudication Panel.
|B.||Brief adjudication is an informal adjudication used for cases involving
a limited number of persons, simple factual issues and minor impact on the persons involved.
Section 28-41 sets forth the types of cases for which brief adjudications are used and the
procedures to be followed.
|C.||Comprehensive adjudication is the formal hearing process used for all cases except the minor cases that are resolved with brief adjudications.
Sections 28-51 through 28-54 set forth the procedures to be followed.
|D.||Hearing officer is an attorney appointed by the Chair of the Faculty Senate and the President, who performs the following
|1.||For comprehensive adjudications, he or she coordinates the comprehensive
adjudication but generally does not have voting power on the final decision; and
|2.||For brief adjudications, he or she conducts the adjudication
without a hearing panel and is the initial decision maker,
subject to review of a panel of faculty.
|The hearing officer's qualifications and appointment
procedure are specified in Section 28-33, Subsection
|E.||Hearing panel is a group consisting of members of the Adjudication
Panel who preside over comprehensive adjudications. The composition of a panel for specific
types of cases, and the method of selecting members of a panel, are set forth in Section 28–33, Subsections D and E. When used alone, the term "panel" refers to a hearing
|F.||Day is any calendar day. Any time period specified in this chapter
shall not include the day of the act or event from which the time period begins to run. If the
time period specified is less than five days, then "day" shall include only business days.
|G.||Party is the person who has requested an adjudication and the person
or persons whose actions or failure to act are identified in the petition as having given rise
to the grievance. The term "party" as used herein does not include nonparty participants and
does not include persons, such as a dean or the University Complaint Investigation and Resolution
Office (UCIRO), who refer a matter to the Provost for possible action pursuant to Section 28–32, Subsection
|H.||Administrative party of right is a person, not identified in the
petition, who, for good and valid reason, is a necessary party by virtue of being immediately
superior in administrative rank to a respondent (for example, the dean of a school or college in
which a department chair is a respondent) and whose request to participate in the proceeding has
been granted by the hearing officer. The administrative party of right shall participate as a
respondent to the petition and shall have the same rights and be subject to the same
responsibilities as a party.
|I.||Nonparty participant of right is the person or persons who are
alleged to be the victims of any harassment, discrimination or other wrongdoing alleged in the
petition, such as a person whose ideas or research allegedly has been misappropriated by a
|J.||Permissive nonparty participant is any person who has a substantial
interest that will be affected by the outcome of a comprehensive adjudication and whose request
to participate in the proceeding has been granted by the hearing officer, pursuant to the
provisions of Section 28–51, Subsection A.
|K.||Nonparty participant, where not specified,
applies both to nonparty participants of right and to permissive nonparty participants.
|L.||Faculty member is any person who, at the time of the decision,
action or inaction being contested, meets the definition
of faculty member as set forth in Chapter 21,
Section 21-31 and would be
eligible to invoke the adjudication procedures of this chapter
for resolution of a grievance described in Section 28–32, Subsection B.
|M.||Petition is the document filed by the person requesting an adjudication, in order to begin the adjudication. The contents of the petition and the manner of filing are specified in Section 28–36.|
|A.||If the University Complaint Investigation and Resolution Office (UCIRO), a
dean or any other authorized administrative official files with the Provost a written report
that claims reasonable causes exist to adjudicate charges that a faculty member has violated
University regulations or state or federal laws pertaining to the faculty member's performance
of his or her duties, the Provost shall determine whether such reasonable cause exists. If the
report is filed by the UCIRO, the Provost shall first appoint a special committee of three
faculty members who are not involved in the matter being considered and who are members of the
Adjudication Panel. No member of this special committee shall subsequently serve on any panel
hearing or review any adjudication arising out of or related to the matters set forth in the
report. Based solely on the written record of the investigation, the special committee shall
assist and advise the Provost in his or her evaluation of whether reasonable cause exists. If
the Provost believes such reasonable cause exists, then, before taking any disciplinary or
punitive action against such faculty member, the Provost shall initiate an adjudication for
resolution of such charges by filing a petition in the time and manner specified below.
|B.||A faculty member may initiate an adjudication
under this chapter by filing a petition for adjudication
within the time limitations specified in Section 28–35 and
in the manner specified below, for resolution of a dispute
which falls within one or more of the following categories:
|1.||Cases in which it is alleged that an authorized University official, through action
or inaction, has violated University regulations thereby affecting the terms, conditions, or course
of employment of the petitioning faculty member. Examples of such cases include, but are not limited
to, allegations that University regulations were violated in the denial of tenure or promotion or in
the process of program elimination.
|2.||Cases where the right to an adjudication is specifically granted to a faculty member under
another section of the Faculty Code.
|3.||Cases in which the petitioning faculty member alleges an injustice resulting from decisions,
actions, or inactions of any persons acting on behalf of the University in an administrative
capacity and affecting the terms, conditions, or course of employment of the faculty member by the
University. In cases involving denial of tenure or promotion, program elimination or discriminatory
salary reduction, decisions relating to merit or quality of the faculty member can be reviewed only
to the extent necessary to determine whether the decision being questioned was affected by factors
other than the relevant and permissible considerations in making the particular decision being
challenged. Such relevant and permissible considerations are set forth in sections of the
Faculty Code chapters addressing appointment, promotion and tenure of faculty members,
including but not limited to Chapter 24, Sections 24–32, 24–33, 24–34, 24–35 and Chapter 25, Section 25–32, as amended.
For purposes of this section, "injustice" shall include, but is not limited to:
taken that was based at least in part on a legally impermissible
reason or on any other reason that was unfair in light
of the decision being made; and
|b.||Any action that was not supported by an articulated reason that can be shown to be fair and relevant to the circumstances.|
|A.||Brief adjudications shall be heard by a hearing officer who has been appointed
under the procedures specified below. Every other adjudication under this chapter shall be heard
by a hearing officer and a hearing panel, appointed by the Chair of the Adjudication Panel under
the procedures specified below.
|B.||The Adjudication Panel shall be a standing
committee consisting of:
|1.||At least 24 members of the faculty, selected broadly from the colleges, schools, and campuses,
nominated by the Senate Executive Committee and approved by the Faculty Senate;
|2.||At least six student members selected by the ASUW and
the GPSS, under procedures established by the ASUW and
the GPSS in cooperation with the Chair of the Faculty Senate,
and approved by the Faculty Senate (see Class C Resolution at
the end of Chapter 28 [Footnote]);
|3.||At least six staff members selected by the University Office of Staff Personnel, under
procedures established by that office in cooperation with the various organizations representing
University employees, and approved by the Faculty Senate. Faculty, student, and staff members of
hearing panels for specific cases are selected from the Adjudication Panel.
|During the selection and appointment process for the Adjudication Panel, the
commitment of the University to affirmative action and the necessity of diversity in the decision
making body shall be adhered to. The Chair of the Adjudication Panel shall be nominated annually by
the Senate Executive Committee from among the Adjudication Panel faculty members and shall be
approved by the Senate. No department chair, school director, assistant dean, associate dean, or
dean shall serve on the Adjudication Panel. Faculty and staff Adjudication Panel members shall serve
three-year terms. Student Adjudication Panel members shall serve one-year terms. Adjudication Panel
members and the Chair of the Adjudication Panel are eligible for reappointment except that in the event that a
panel member has served two consecutive terms, then such a member shall be ineligible for reappointment
for a period of three years.
|C.||At least three hearing officers shall be appointed jointly by the President and
the Chair of the Faculty Senate. The terms and conditions of a hearing officer's appointment shall
be determined jointly by the President and the Chair of the Faculty Senate. All such hearing
officers must be attorneys admitted to the practice of law in at least one United States
jurisdiction and shall have knowledge of hearings procedures and university and faculty matters.
No department chair, school director, associate dean, or dean shall serve as hearing officer.
|D.||All comprehensive adjudications involving a non-party participant of right who is
either a student or staff member shall be heard by a hearing officer and, unless waived by all of
the parties, a hearing panel composed of:
|1.||Two student members of the Adjudication Panel (in a case involving allegations
by a student) or two staff members of the Adjudication Panel (in a case involving allegations
by a staff member), and
|2.||Five faculty members or, with the unanimous consent of the parties, three faculty members
of the Adjudication Panel.
|E.||All other adjudications shall be heard by a hearing officer and a hearing panel
of five faculty members, except that with the unanimous consent of the parties the hearing panel
may be waived or reduced to three faculty members.
|F.||The role of the hearing officer serving with a hearing panel on a comprehensive
adjudication shall be that of administrative coordinator. The hearing officer shall not have a
vote on the final decision of the panel or on interim decisions of the panel while the
adjudication is pending, except as specifically noted below. The hearing officer shall be
responsible for communications between the parties and the panel while the adjudication is
pending and shall be responsible for conducting the adjudication in compliance with the Faculty Code and any applicable law. All actions other than the final decision that are
to be taken by the panel under this chapter may be taken by the hearing officer if so directed by
the panel. The hearing officer shall make all legal rulings, as specified below, but any such
rulings, including procedural decisions and interpretations of the Faculty Code or applicable
law, are subject to revision or reversal by the hearing panel.
|G.||In selecting members of a particular hearing panel, the Chair of the Adjudication
Panel shall attempt to achieve the highest degree of diversity and impartiality and make every
possible effort to select panel members with differing backgrounds that the chair deems relevant
to the issues at hand and the persons involved. This requirement is especially important to observe
in cases where unlawful discrimination is alleged. The purposes of this provision are to broaden
the perspective of the panel, and increase the panel's ability to understand the motivations of the
|H.||The role of any member of a hearing panel, including students or staff who may
serve on a panel, shall be that of an impartial fact finder and judge and shall not be that of an
advocate for any of the parties to the adjudication.
|I.||Hearing panels may, but are not required to, meet during the period of
June 16 through September 15.
|RC, April 22, 2010.|
The burden of proof with respect to claims made in the petition that commences an adjudication under this chapter is on the party filing the petition. The burden of proof with respect to any counter claims made by a party in a responsive pleading is on that party. The applicable standard of proof for all adjudications under this chapter shall be the preponderance of the evidence.
|A.||In order for the Provost to initiate an adjudication
pursuant to Section 28-32, Subsection A, the Provost
shall file a Notice of Request for Adjudication and a petition
in the form and manner specified in Section 28-36 within
30 days after receipt by the Provost of the written report alleging
that reasonable cause exists to adjudicate charges against
a faculty member; provided that in cases where the report was
filed with the Provost by the University Complaint Investigation
and Resolution Office (UCIRO), the Provost shall file the Notice
of Request for Adjudication and petition within 45 days
after receipt by the Provost of such report.
|B.||In order for a faculty member to initiate an adjudication pursuant to Section 28-32, Subsection B, the faculty member shall file a Notice of Request for
Adjudication and a petition in the form and manner specified in Section 28-36 and
|1.||Ninety days after the faculty member has received notice of the action,
decision or inaction that gives rise to the faculty member's right to an adjudication under Section 28-32, Subsection B; or
|2.||Ninety days after the faculty member has discovered or
reasonably should have discovered the action, decision
or inaction or the underlying facts regarding such action,
decision or inaction that gave rise to the faculty member's
right to adjudication, if later than Subsection B.1.
Notwithstanding the foregoing, the time periods specified
in Subsection B.1 and this subsection shall
be suspended during the period of June 16 through September 15
if the faculty member's contract does not include such period.
|C.||Notwithstanding Subsections A and B of this section, if the parties choose to
engage first in informal dispute resolution proceedings, such as mediation or the conciliatory
proceedings as described in Chapter 27, and such proceedings are commenced within the time
limits required above for commencement of an adjudication, then the time limits required in this
section for commencement of an adjudication shall be suspended until such informal dispute
resolution proceedings are completed. If the informal dispute resolution proceedings do not
resolve the dispute, then an adjudication must be initiated within 30 days of the conclusion of
such proceedings. A party initiating an adjudication shall provide written notice to the Secretary
of the Faculty of the dates of the beginning and conclusion of any informal dispute resolution
|D.||If a party does not file a Notice of Request for Adjudication and petition within
the time limits prescribed in Subsections A, B and C above, then the right to an adjudication
shall terminate. Notwithstanding the foregoing, if a faculty member files a Notice of Request for
Adjudication and a petition after the time limits prescribed in Subsections A, B and C above
have expired, and such notice and petition allege that circumstances exist which would make it
grossly unjust to refuse to grant the adjudication on the basis of untimeliness, then the Chair
of the Adjudication Panel shall appoint a special committee of three panel members. The special
committee shall determine whether the adjudication should be granted despite the untimely filing,
on the grounds that it would be grossly unjust to refuse to grant the adjudication. In making
such determination, the following factors shall be considered by the special committee:
|1.||The seriousness of the actions, events, or decisions from which a claim for relief allegedly
arises, and the seriousness of the alleged impact on the person seeking relief.
|2.||The reasons for the untimely filing and the extent to which they were or were not within
the control of the person seeking relief.
|3.||The degree of probable prejudice to other parties to the adjudication if the adjudication is granted. The special committee shall make its determination within ten days of notice of its appointment.|
|A.||The person requesting an adjudication shall file a Notice of Request for
Adjudication and a petition with the Secretary of the Faculty. The Notice of Request for
Adjudication shall be substantially the same form as prescribed by the Adjudication Panel
and made available to the Provost and faculty members. The petition shall set forth with
reasonable particularity the reason for the request for adjudication, the relief sought, and
the facts relied upon as the grounds for the petition and the relief sought. If the Provost
is the requesting party, the Provost shall include a copy of the written report from the
University Complaint Investigation and Resolution Office (UCIRO), the dean, or other
administrative official that forms the basis of the request for adjudication. Within seven
days of receipt of a notice and petition, the Secretary of the Faculty shall prepare an
Adjudication Summary form that sets forth the names of the persons receiving the notice and
petition, the persons who are required to respond and the time limits and procedure to follow
when responding, and shall deliver complete copies of the notice, the petition, and the summary
to the Chair of the Adjudication Panel, other parties, nonparty participants of right, if any,
and any other faculty member, dean, or official of the administration, student or staff member
who is named in the petition.
|B.||Any party against whom relief is sought shall respond
to the petition by filing a response, which sets forth
which facts of the petition are accepted and which are
contested and any further assertions of fact or reasons
why the relief requested should not be granted. The response
shall be filed with the Secretary of the Faculty within
30 days of receipt of the notice, petition
and summary. The Secretary of the Faculty shall deliver complete
copies of the response within seven days of receipt
to all persons listed on the summary who have received
copies of the notice and petition. Notwithstanding the
foregoing, the time period for filing the response shall
be suspended upon commencement of informal dispute resolution
proceedings after the filing of the notice and petition
but before the due date of the response. In the event that
informal dispute resolution proceedings have been initiated,
the University Ombud or such other person who has been requested
to conduct the informal dispute resolution proceeding shall
provide written notice to the Chair of the Adjudication
Panel and to the Secretary of the Faculty. If the informal
dispute resolution proceedings terminate without resolving
the dispute, the response shall be due on the later of
ten days after the termination of such proceedings
and the expiration of the original 30-day period for filing
the response excluding the days during which the conciliation
proceeding was open.
|C.||Within 14 days of receipt of the response, or within 14 days after expiration of
the 37-day period following receipt of the notice and petition, whichever is earlier, the Chair
of the Adjudication Panel shall:
Once the above specified determinations are made and the hearing panel, if required, is appointed, the Chair shall promptly notify the person who filed the notice and petition and all persons who are entitled to receive a copy of the notice and petition, as specified above, of such determinations and the identity of the hearing officer and hearing panel members. The Chair shall immediately give copies of all documents filed in the matter to the hearing officer and each member of the hearing panel. The Chair shall also promptly deliver to any nonparty participants of right a statement of their rights of participation in the adjudication.
|D.||At any time after the petition has been filed, if the Provost believes there are compelling
circumstances, such as danger to the health or safety of members of the University community, that
warrant the suspension of the faculty member from teaching or other duties pending resolution of
the adjudication, the Provost may, after consultation with the Chair of the Faculty Senate, suspend
the faculty member for a period not to exceed the duration of the adjudication and assign the
suspended faculty member to other duties as the Provost deems appropriate. The faculty member's
regular salary, benefits and other privileges shall continue during such suspension. A decision to
suspend a faculty member shall comply with the requirements of RCW 34.05.479, including the
requirements of maintaining an official record and preparing a written order with findings of fact,
conclusions of law and policy reasons.
|RC, March 3, 2013.|
|A.||A member of a hearing panel, or the hearing officer, shall disqualify himself or
herself upon his or her own initiative immediately upon discovery of a cause for disqualification.
Cause for disqualification shall include:
|1.||Reason to believe that some personal consideration or relationship might
interfere with the hearing officer's or panel member's ability to reach an unbiased
|2.||The hearing officer or panel member, outside of the proceedings, has received
communications or has obtained information which creates a significant risk of substantial
|3.||The matter directly involves a departmental colleague or, if the matter involves a faculty
member from a non-departmentalized school or college, a college or school colleague of the
panel member or the hearing officer.
|B.||Any party or nonparty participant to the adjudication may challenge any panel
member, or the hearing officer, for cause for the reasons stated in Subsection A above. If the
facts supporting the disqualification are then known to the party or nonparty participant, the
challenge must be made in writing to the Chair of the Adjudication Panel within seven days after
receipt of notice that the person being challenged is the assigned hearing officer or a panel member.
A copy of the written challenge shall also be provided to the other persons entitled to receipt of
Notice of Request for Hearing. If the facts supporting the disqualification are discovered after
notice of the person's appointment, the challenge shall be made in the same manner described above
within seven days of discovery of such facts, and the written challenge shall include a statement
regarding the circumstances of discovery of such facts. The Chair of the Adjudication Panel shall
review any such challenge and decide whether there is sufficient cause to disqualify the challenged
|C.||A hearing officer serving with a panel and the Chair of the Adjudication Panel
may disqualify any member of such panel for failure or inability to make himself or herself
available for the necessary proceedings, for repeated absences from the panel meetings required
under this chapter, or for failure to familiarize himself or herself with the record of the
adjudication or the necessary procedures.
|D.||If a panel member is disqualified, then at the discretion of the Chair of the Adjudication Panel, the Chair shall either appoint another member of the Adjudication Panel to the hearing panel, or, if the adjudication is in a later stage, continue the adjudication with the remaining panel members.|
|A.||The Chair of the Adjudication Panel shall, pursuant to Section 28-36, Subsection C, determine that a brief adjudication be used for all cases whose sole issue
is one of the following:
|1.||The allocation of discretionary or merit salary increases;
|2.||The allocation of space, support staff, or other resources or materials;
|3.||Teaching, committee or other assignments within the department, school or other
|4.||A conflict between or among faculty members, other than claims of sexual, racial, or
other legally impermissible discrimination or harassment or claims of scientific or
scholarly misconduct; or
|5.||Any other issue which the Chair and two members of the Brief Adjudication
Application Panel ("Application Panel") determine is appropriate for brief adjudication. In
making determinations of whether a brief adjudication is appropriate for a particular case
pursuant to this section, if the Chair determines that:
|a.||The case does not fall clearly within one
of the categories specified in Subsections A.1 through A.4 above but which may nevertheless be appropriate for
a brief adjudication, or
||It is unclear for any other reason whether a brief adjudication would be the
|The Chair shall convene a committee consisting of himself or herself and any two
members of the Application Panel. The Application Panel shall be a standing committee consisting of
five members of the Adjudication Panel appointed from time to time by the Chair of the Adjudication
Panel. The Chair and the two members of the Application Panel shall review the matter, confer, and
make a decision whether a brief adjudication is appropriate for the case at issue. The review shall
include consultation with any faculty member whose interests would be directly affected by the
adjudication and review of records of any previous Application Panel decisions for similar cases.
The decision shall be made with sufficient speed so that the Chair may make the necessary
determinations and appoint a hearing officer and a hearing panel, if necessary, within the time
limits specified in Section 28-36, Subsection C. The Chair shall prepare a written report
summarizing the natSure of any case submitted to an Application Panel, the decision made as to the
type of adjudication to be used and the basis of such decision and shall include such report in the
records of the Adjudication Panel. If the Chair and the two members of the Application Panel decide
that a comprehensive adjudication is appropriate, none of the members of the Application Panel
making such decision will serve on the hearing panel for that case.
|B.||Notwithstanding the foregoing, a brief adjudication shall not be appropriate for a
case in which any one of the following factors is present:
|1.||Complex factual issues that require a formal fact finding process for
|2.||A significant sanction or other significant adverse impact on the faculty member,
such as discharge of employment or revocation of tenure, if the decision is adverse to the faculty
|3.||Significant impact on the affected faculty member's academic career;
|4.||A relatively large number of persons involved in the dispute or affected by its
|5.||A series of actions or non-actions that taken alone are not significant but
together exhibit a pattern of unfairness;
|6.||Allegations of unlawful discrimination; or
|7.||The protection of the public interest requires notice and an opportunity to
participate to be given to persons other than the parties, including persons who would qualify
as nonparty participants under the definition herein.
|C.||Upon appointment, the hearing officer shall review the documents on file in the matter
and conduct an investigation of the matter. The initial investigation, at the discretion of the Hearing
Officer, may include any of the following:
|D.|| If the hearing officer discovers in the course of investigation that the issues are
sufficiently complex or there are other factors that indicate that a comprehensive adjudication is
required for fair resolution of the matter, the hearing officer will immediately notify the Chair of
the Adjudication Panel and the parties of such determination. Upon receipt of such notification, the
Chair of the Adjudication Panel shall appoint a hearing panel under the procedures described in Section 28-33 and the matter will proceed as a comprehensive adjudication.
At any time during the course of a brief adjudication a party may request that the adjudication be
converted to a comprehensive adjudication by giving notice to the hearing officer and the other parties
of such request together with a statement of the reasons why a comprehensive adjudication is required
for a fair resolution of the matter. The hearing officer will rule on such a request within two days
of receipt. If the hearing officer rules against such conversion, the brief adjudication will proceed
and the party requesting the conversion may again request a comprehensive adjudication during the
appeal process of the hearing officer's decision, as provided below in Section 28-61.
|E.||Within 30 days of appointment, the hearing officer will render a written
decision to the parties, together with a brief statement as to the reasons for the decision and a
statement of the parties' rights to appeal the decision.
|F.||The record of a brief adjudication shall consist of only the following:
|1.||The notice and petition filed by the party initiating the adjudication, all
responses filed by other parties, and the Adjudication Summary prepared by the Chair of the
|2.||Evidence received or considered;
|3.||All written statements submitted by persons and parties, all written records
of oral communication prepared by the hearing officer and circulated to the parties and all
amendments thereto that have been submitted;
|4.||The transcript or recording of any hearing held during the course of the
|5.||Any other document regarding the matter that was considered or prepared by the hearing officer or the Brief Adjudication Review Panel during review of the hearing officer's decision.|
|A.||The hearing officer may grant a petition filed at any time for participation
as an administrative party of right upon determining that the petitioner is a necessary party or
by virtue of being immediately superior in administrative rank to the respondent. Such person's
status as an administrative party of right shall commence only upon issuance of an order from the
hearing officer allowing such person's participation.
|B.||In addition to the persons who may be nonparty participants of right, the hearing
officer may grant a petition filed by any person at any time for permissive nonparty participation,
upon determining that the petitioner has a substantial interest that will be affected by the outcome
of the adjudication, that participation by such party in the adjudication is necessary to protect
that interest and participation by that party will not unduly delay or prejudice the determination
of the rights of the parties to the adjudication. Such person's status as permissive nonparty
participant shall commence only upon issuance of an order from the hearing officer allowing such
person's participation. The hearing officer has the discretion to impose conditions on such person's
right to participate and may limit his or her rights to participate, either at the time that the right
to participate is granted or at any subsequent time. For a comment on nonparty participants' right to
be represented by counsel, see Section 28-52, Subsection G below.
|C.||All nonparty participants, both of right and permissive, in addition to the right
to challenge the hearing officer or a member of the hearing panel for cause as provided above,
shall have the following rights of participation in the adjudication:
|1.||Right to receive copies of all documents filed in the adjudication, within
the same time limits as such copies are required to be delivered to the parties in the
|2.||Right to timely notice of date, place and time and to attend the prehearing conference,
the hearing, and any interim proceedings.
|3.||Right to file written independent statements and responses to documents filed by the parties
at any time prior to the hearing (including written statements and responses regarding a pending
motion for summary disposition under Section 28-52, Subsection D), provided that any
such statements or responses are delivered by the nonparty participant to each party to the
adjudication within two days of delivery to the hearing panel.
|In addition to the above listed rights, a nonparty participant may, at
the discretion of the hearing officer and the panel, be granted the following rights of
|4.||Right to have counsel accompany them to all proceedings.
|5.||Right to be represented by counsel during the proceedings, provided that if the parties
choose not to be represented by counsel [see Section 28-52, Subsection G], then a
nonparty participant may not be represented by counsel.
|6.||Right to cross-examine witnesses, introduce evidence
and call additional witnesses during the hearing, either
on his or her own behalf or through counsel, subject to
the limitation in Section 28-51, Subsection B.5.
|7.||Right to give opening and closing statements, either on his or her own behalf or through
|8.||If unable to be present at the hearing or any preliminary proceeding, the right to be
represented at the hearing and all preliminary proceedings by a special representative chosen
by the nonparty participant and approved by the hearing officer.
|9.||Such other rights of participation in the adjudication as the hearing officer or hearing
panel determines to be conducive to a fair and efficient hearing.
|A nonparty participant shall have the rights
specified in Subsections C.4 through C.9 above only to the extent the
hearing officer or hearing panel has determined to be conducive
to a fair and efficient hearing and which would aid in the
panel's resolution of the matter.
The hearing officer shall make an initial determination prior to the prehearing conference as to the additional rights of participation, if any, that shall be given to the nonparty participant. The nonparty participant and any party may file a written request with the hearing officer prior to the prehearing conference regarding the extent of a nonparty participant's participation rights, and may make an oral request regarding participation rights at the prehearing conference. The determination of the extent of a nonparty participant's participation rights shall be made by the hearing officer, subject to revision by the hearing panel, and shall be included in the Prehearing Order.
|A.||At the request of any party or on the panel's own motion at any time after the
response has been received, the hearing panel may determine that the adjudication or a particular
claim or issue material to the adjudication should be resolved by summary disposition without a
|If the answering party alleges
or the panel preliminarily concludes that the petition
does not present a controversy under Section
entitles the petitioner to a hearing when all factual
allegations are viewed in the light most favorable to
the petitioner, the panel shall give notice to the parties
and any nonparty participants of:
|1.||The deadline for submission of written
offers of proof by affidavit or otherwise, and for submission
of argument, and
|2.||At the panel's option, a hearing
concerning the proper interpretation and scope of Section 28-32.
|The panel shall issue a decision to grant
or deny summary disposition within five days after the
submission of the written materials or the conclusion of
any hearing. If summary disposition is granted the panel
shall dismiss the petition and issue a decision pursuant
to Section 28-54.
|B.||As soon as possible after appointment, the hearing officer and hearing panel shall
review the pleadings filed, identify the issues and discuss an initial plan for the conduct of the
hearing. Such plan shall include the preliminary determination of the extent to which any nonparty
participant will be allowed to participate. The hearing officer and hearing panel shall immediately
consult with the parties and any nonparty participants as to a convenient time and place to hold the
|C.||Within ten days after appointment of
the hearing panel, the hearing officer, at the direction
of the hearing panel, shall prepare and deliver to the
hearing panel, the parties and nonparty participants a
Notice of Prehearing Conference, specifying the time and
place of the prehearing conference. Such notice shall
inform the parties as to the hearing officer's and panel's
initial plan for the hearing and preliminary determinations,
such as the extent of participation rights of nonparty
participants and identification of issues, including all
issues that the hearing officer and panel view as uncontested
or irrelevant to resolution of the dispute. Such notice
may further identify the evidence, including documents
and witness testimony, that the hearing officer and panel
consider necessary at the hearing. The prehearing conference
shall be held no later than 20 days after appointment
of the hearing panel.
|D.||All parties and nonparty participants and their legal counsel (if otherwise allowed)
shall be entitled to be present at the prehearing conference. The hearing officer and the entire
hearing panel shall also be present. The hearing officer shall preside over the prehearing conference.
At the prehearing conference, the hearing officer, the panel and the parties shall discuss and agree
upon the evidence to be presented and the issues to be addressed at the hearing. The hearing officer,
the panel and the parties shall also agree upon any issues that can be settled by the parties before
the hearing, or are uncontested or irrelevant to the adjudication, provided that if the parties cannot
reach agreement on these matters the decision of the panel shall control. The hearing officer, panel,
and the parties shall also discuss the feasibility of informal dispute resolution procedures to attempt
settlement of the dispute before the hearing. If the parties agree to informal dispute resolution
procedures, then the adjudication process shall be suspended while such procedures are pursued. Any
nonparty participants present at the prehearing conference shall be allowed to participate in the
discussion and the decision making to the extent determined by the hearing officer and hearing
|E.||Unless the adjudication has been disposed of completely by summary disposition, the hearing officer,
at the direction of the panel, shall issue a Prehearing Order within 15 days of the prehearing conference,
which shall set forth the issues to be addressed at the hearing, the factual issues which are uncontroverted,
the witnesses to be called and the other evidence to be presented, the extent to which any discretionary rights
to participate will be given to nonparty participants, the extent to which depositions, requests for admission
and any other form of discovery will be allowed and any other matters the hearing panel shall deem appropriate
in setting the procedure to be followed at the hearing. Such notice shall also set the time and place of the hearing
and shall contain the information required by RCW 34.05.434.
The hearing shall be set no less than ten days and no more than 30 days after the notice of the
prehearing conference was issued.
|F.||The Prehearing Order shall specify whether the adjudication shall be open or
closed. A determination at a later date that the hearing should be closed shall be made by
written protective order.
|G.||Any faculty member who is a party to a proceeding under this chapter shall have
the right to be represented by counsel at all stages in the proceedings. Normally, if the faculty
member chooses not to be represented by counsel at proceedings before the hearing panel and\or
the hearing officer, the administration will not be so represented, except in cases where the
faculty member is an attorney. Where the faculty member chooses to be represented by counsel, the
administration shall not be obligated to reimburse the faculty member for the attorneys' fees and
costs he or she incurs, except as provided under Section 28-54, Subsection B.
|H.||If after the Prehearing Order is issued, a party shall receive additional information,
the party may request that the panel amend the Prehearing Order to allow the presentation of such
additional information at the hearing and may request leave to amend its pleadings on file. Such
request shall be served on all parties and nonparty participants. The hearing panel has full
discretion to allow or deny such request and may grant a continuance if a non-requesting party
needs additional time in which to prepare for and respond to the additional information.
|I.||The hearing officer may instruct any person who is a party to the adjudication or
an administrative officer or administrative employee of the University to appear and to give
testimony under oath or affirmation, or to produce a specific document or other thing belonging to
a party or to the University relevant to the issues in the adjudication.
|1.||If the person to whom the instruction is directed is a non-administrative party
to the adjudication and that person refuses or fails to appear at the time and place designated
to give testimony or to produce the documents or things specified:
|a.||If the hearing officer finds that the testimony, documents, or things sought are under the
control of the non-administrative party to produce and are not privileged for purposes of the
adjudication, then the hearing panel may impose such sanctions as are appropriate.
|b.||Sanctions may include dismissal of the adjudication or the drawing of inferences,
to be stated in the record, with respect to the issues to which the evidence sought would have
been relevant, adverse to the position of the faculty member or other party to the
|2.||If the person to whom the instruction is directed is an administrative
officer or administrative employee of the University and refuses or fails to appear at
the time and place designated to give testimony, or to produce the documents or things
|a.||The hearing officer shall inform the President in writing of such refusal or failure and
of the probable relevance of the testimony or documents or things sought.
|b.||Unless the President determines that the information sought is legally privileged from
disclosure, or subject to overriding University policies as to confidentiality, the President
shall take such steps as may be necessary to enforce compliance with the instruction.
|c.||If the President refuses or fails to secure such compliance, and if the hearing panel
determines that the testimony, documents, or things sought are not legally privileged or
confidential for purposes of the adjudication, then it may impose such sanctions as it deems
appropriate. These sanctions may include dismissal of the adjudication or the drawing of
inferences, to be stated in the record, with respect to the issues to which the evidence sought
would have been relevant, adverse to the position of the University or administrative officer
in the adjudication.
|3)||Statutory powers of subpoena are available
to the hearing panel as specified in RCW 34.05.588(1).
|J.||In the discretion of the hearing officer, and where the rights of the parties
will not be prejudiced, all or part of any meeting or conference required hereunder may be
conducted by telephone, television or other electronic means. Each participant in the conference
or meeting must have an opportunity to participate effectively in, to hear, and if technically
and economically feasible, to see the entire proceeding while it is taking place.
|K.||The hearing officer may at any time issue any discovery or protective orders that he or she deems appropriate, and such orders shall be enforceable under the provisions of Chapter 34.05 RCW regarding civil enforcement of agency actions.|
|A.||In both open and closed proceedings before a hearing officer and hearing
panel the following persons are entitled to be present:
|1.||The parties and nonparty participants of right and their advisors and
representatives, to the extent advisors and representatives are allowed under other terms
of this chapter. Advisors may be present but may not speak on behalf of the parties in the
proceedings unless agreed to by both parties.
|2.||The hearing officer, the hearing panel members and a secretary or recorder.
|3.||Persons serving in an advisory capacity to the panel, unless their presence is objected
to for cause by either party and the panel sustains the objection.
|4.||Witnesses and their advisors, except that the hearing officer may upon a showing of good
cause, as specified in the record of the proceeding, exclude witnesses and their advisors from
the hearing room except while testifying.
|5.||Such other persons as specifically authorized by the hearing officer or the panel, unless
their presence is objected to by either party and the objection is sustained.
|B.||The hearing shall either be recorded, audio only or video, or transcribed by a
court reporter, as determined by the hearing panel. Such recording or transcription shall be
made at University expense. Copies of the recording or transcript shall be made available to
any party or nonparty participant of right at University expense upon request.
|C.||If the facts in the case or relief requested are in dispute, testimony of
witnesses and other evidence relevant to the issues and to the relief requested shall be
received if offered. The hearing officer may admit and consider evidence on which reasonably
prudent people are accustomed to rely in the conduct of their affairs. The hearing officer
shall give effect to the rules of privilege recognized by law, shall exclude evidence that is
excludable on constitutional or statutory grounds and may exclude incompetent, irrelevant,
immaterial, and unduly repetitious evidence, and evidence whose probative value is substantially
outweighed by the danger of undue prejudice to any party or nonparty participant. The hearing
officer and the hearing panel shall refer to the Washington Rules of Evidence as non-binding
guidelines for evidentiary rulings. All testimony of parties and witnesses shall be given under
oath or on affirmation. Documentary evidence may be received in the form of copies or excerpts
or by incorporation by reference. Official notice may be taken of any judicially recognizable
facts and codes or standards that have been adopted by an agency of the United States, this state
or another state or by a nationally recognized organization or association. Parties and nonparty
participants shall be notified either before or during the hearing of the material so noticed and
the sources thereof and shall be afforded an opportunity to contest the facts and materials so
noticed (except to the extent a nonparty participant's right to do so is limited by the hearing
officer or hearing panel).
|D.||The hearing officer shall regulate the course of the hearing in conformity with
the Prehearing Order and shall not be required to follow formal court procedure. To the extent
necessary for full disclosure of all relevant facts and issues, the hearing officer shall afford
to all parties and nonparty participants the opportunity to respond, present evidence and argument,
conduct cross-examination and submit rebuttal evidence, except as restricted by a limited grant of
nonparty participation or by the Prehearing Order.
|E.||The panel in its discretion may:
|1.||Direct the parties to produce information on specific issues deemed significant by the
|2.||Proceed on its own initiative to call witnesses to testify or admit evidence on its
|F.||The parties shall have the opportunity to confront all witnesses. In the event
that witnesses are unavailable or at the consent of the parties, depositions from witnesses or
answers to written interrogatories may be presented or telephone depositions may be made in lieu
of personal appearance at the hearing. The panel, in its discretion, may make such information part
of the record. The hearing panel may take whatever other steps it deems reasonable and fair to all
persons involved to deal with the unavailability of a witness.
|G.||The panel, in its discretion, may adjourn the proceedings from time to time to allow the further development of the evidence.|
|A.||Within 30 days after the conclusion of the hearing, or after the due date of
all post-hearing briefs requested, if later, the panel shall make known its decision in writing.
The decision shall be made by majority vote of all panel members, excluding the hearing officer,
provided that in any adjudication initiated under Section 28-32, Subsection A,
to remove or dismiss a faculty member pursuant to Chapter 25, Section 25-51 or 25-63 of the Faculty Code,
the decision shall be made by a vote of five members of a seven-person panel or four members of a
five-person panel. If at the conclusion of the hearing, there is an even number of panel members
remaining due to loss of one or more panel members and the remaining panel members are evenly
divided as to the decision on any issue or award of relief, the hearing officer shall cast a vote,
but only to the extent necessary to break the deadlock.
|B.||In the written decision, the panel shall set forth its findings with respect to
each of the material grounds or issues raised and to the relief requested by the parties and state
its conclusions regarding those issues. It shall also state specifically any action necessitated by
the decision and identify the specific relief to be provided, including but not limited to suspension
or dismissal, reprimand or warning, restoration or award of privileges, benefits or status, a cease
and desist order, an order that a certain party receive counseling or other medical treatment, and
including direction to the Provost or other appropriate party to take such steps as may be necessary
to carry out the decision. The panel shall have the authority to recommend the award of compensation
for economic relief to a party or nonparty participant of right where such party or nonparty
participant of right has made a timely request in his or her pleadings for such relief and has proven
the right to the relief during the course of the proceedings. In addition, the panel has authority to
recommend an award of reasonable attorneys' fees to a prevailing faculty member if:
|1.||The administration was the unsuccessful party in the case and the panel determines
that the position of the administration in the case was grossly unreasonable or maintained in bad
|2.||The prevailing faculty member was obliged to hire legal counsel to represent him or her in
a comprehensive adjudication by virtue of the administration's failure to waive representation
by legal counsel as provided in Section 28-52, Subsection G.
|C.||Within 24 hours of the panel's written decision being put in final form,
the panel shall deliver copies of the decision to the President, all parties and all nonparty
participants. Copies shall also be filed with the Chair of the Adjudication Panel, the Chair of
the Faculty Senate, the Secretary of the Faculty, and the University Ombud for the information of the
|RC, March 3, 2013.|
|A.||A decision of a hearing officer in a brief adjudication shall be submitted
to the Brief Adjudication Review Panel ("Review Panel"), which shall be a standing committee
consisting of members of the Adjudication Panel, appointed by the Chair. If the Review Panel takes
no action and no party to the adjudication has filed a petition for review of the hearing officer's
decision within 21 days of issuance of the decision, then the decision shall become the final
decision of the University. If a party files a petition for review or the Review Panel elects to
review the decision, all parties shall receive notice of such review. The Review Panel shall exercise
all the decision making power that it would have had to decide and enter the decision had the Review
Panel presided over the hearing, except to the extent that the issues subject to review are limited
by a provision of law or by the Review Panel upon notice to all the parties. In reviewing findings
of fact by the hearing officer, the Review Panel shall give due regard to the hearing officer's
opportunity to observe the witnesses. The Review Panel shall afford each party an opportunity to
present written argument and may afford each party an opportunity to present oral argument. The Review
Panel shall complete its review within 20 days of the decision to review and shall enter a final
order or remand the matter for further proceedings, with instructions to the hearing officer who
entered the initial decision. The order shall include a description of any judicial or other review
that may be available. Upon remanding a matter, the Review Panel shall order such temporary relief
as is authorized and appropriate.
If no party to the adjudication has filed a petition for review of the Review Panel's final order within 21 days of the mailing of the order to the parties, the order shall become the final decision of the University. Only a final order of the Review Panel that reverses or amends the decision of the hearing officer may be appealed. Any such appeal shall proceed under the procedures of Subsection B of this section below.
|B.||Any order of a hearing panel in a comprehensive adjudication,
other than cases where the President is a party in the
case, shall become a final decision of the University
unless either party files an appeal to the President
within 21 days of the date of mailing of the decision
to the parties, or unless the President elects to review the decision by giving written notice of
intent to review to the parties within 21 days of the
date of delivery of the decision to the President. The presidential
review shall include consideration of the written record.
The President may request the parties to submit additional
written arguments on particular issues and may request oral
argument from the parties. To the extent that parties are
asked to provide written documents, nonparty participants
of right shall also have the opportunity to provide written
documents and, at the discretion of the President, nonparty
participants of right may be allowed to give oral arguments.
No new evidence shall be considered by the President.
Within 60 days of commencement of the review, unless in the President's discretion more time is necessary to consider additional arguments, the President shall make one of the following determinations:
|1.||Affirm the panel's decision; or
|2.||Remand for further proceedings.
|Any decision of the President to remand must
be based on findings of the President that the decision
of the panel was arbitrary or capricious; the procedures
followed by the panel in reaching its decision were materially
and prejudicially unfair or not in accordance with the
law or University rules or regulations; and\or the review
in which he or she has engaged has revealed the importance
of evidence which the panel did not adequately consider.
The panel then has 30 days to reconsider its decision and the reasons given by the President for remand, and to report back to the President its decision on remand. The President shall then affirm, reverse or amend the panel's decision on remand. Any decision of the President to reverse or amend must be based on findings that the panel's decision was:
|1.||Not supported by a preponderance of the evidence in the
|2.||Was arbitrary or capricious, or
|3.||The procedures followed were materially and prejudicially
unfair or in violation of law or University rules.
|A decision by the President to affirm, reverse
or amend the decision of the panel is a final decision
of the University.
|C.||Any order of a hearing panel in a case where the President is a party in the case shall
become a final decision of the University unless either party files an appeal to the Board of Regents
within 21 days of the date of mailing of the decision to the parties or unless the Board of
Regents elects to review the decision by giving written notice of intent to review to the parties
within 21 days of the date of delivery of the decision to the Board of Regents. The Board of
Regents review shall include consideration of the written record. The Board of Regents may request
the parties to submit additional written arguments on particular issues and may request oral argument
from the parties. To the extent that parties are asked to provide written documents, nonparty
participants of right shall also have the opportunity to provide written documents and, at the
discretion of the President, non-party participants of right may be allowed to present oral arguments.
No new evidence shall be considered by the Board of Regents.
Within 60 days of commencement of the review, unless in the Board's discretion more time is necessary to consider additional arguments, the Board shall make one of the following determinations:
|1.||Affirm the panel's decision;
|2.||Reverse or amend the panel's decision; or
|3.||Remand for further proceedings.
|Any decision of the Board of Regents to reverse,
amend, or remand must be based on findings of the Board
that the decision of the panel was arbitrary or capricious;
the procedures followed by the panel in reaching its decision
were materially and prejudicially unfair or not in accordance
with the law of University rules or regulations; and\or
the review in which he or she has engaged has revealed
the importance of evidence which the panel did not adequately
consider. Any decision to reverse or amend without remand
for further proceedings must include a finding that, and
explanation as to why, further proceedings are not advisable.
A decision by the Board to affirm, reverse or amend the
decision of the panel, is a final decision of the University.
|D.||If upon review a decision is remanded to the panel for further proceedings, the panel shall
have 30 days within which to hold such further proceedings as are necessary to comply with
the directions from the President (or the Board of Regents) and to respond to the President's
(or Board of Regents') action with the results of its reconsideration of the case. Upon receipt
of the panel's reconsidered decision, the President or Board of Regents shall have 30 days
to make a final determination of the case. In the event that the President or Board of Regents
decides to reverse or amend the reconsidered decision of the panel, the final decision shall
state the basis of such decision, including specific findings as to why the decision of the
panel was arbitrary or capricious, or why the procedures followed by the panel in reaching its
decision were materially and prejudicially unfair or not in accordance with the law or
University rules or regulations.
|E.||Copies of all decisions, opinions, conclusions, instructions, and other written
communications issued in the review process shall be sent to all parties, nonparty
participants, the Chair of the Adjudication Panel, the Chair of the Faculty Senate, and the
University Ombud for the information of the Conciliation Board, as soon as the decision becomes
|F.||Any party may file a petition for reconsideration
or clarification within ten days
after the mailing of the following: a final decision of the
President under Subsection B of this section, or a final decision
of the Board under Subsection C of this section. Such petition shall be filed with the person
or persons issuing the order or decision and the Secretary
of the Faculty and shall be served on all parties. The filing
of such petition suspends the time limitations for filing
for further administrative review or for judicial review,
if available. Such petition shall set forth the grounds
upon which relief is requested. The petition shall be disposed
of by the same person or persons issuing the order or decision,
if reasonably available. The disposition shall be in the
form of a written order denying the petition, granting the
petition and dissolving or modifying the order or decision,
or granting the petition and setting the matter for further
hearing. The petition is deemed denied if within 20 days
from the date the petition is filed the person or persons issuing
the order or decision have not disposed of the petition
or served the parties with notice specifying a date of disposition
of the petition, and the Secretary of the Faculty has
confirmed that the person or persons issuing the order or decision
do not intend to act on the petition.
|RC, March 3, 2013.|
If a hearing officer, a hearing panel, the Chair of the Adjudication Panel, the Secretary of the Faculty or any reviewing body shall fail to meet any of the deadlines set in this chapter, such failure shall not affect the validity of the procedure, or any decision resulting from an adjudication held pursuant to this chapter, unless the delay was unreasonable and unduly prejudicial to the interests of any party or nonparty participant of right.
At the conclusion of the proceedings, the record of the hearing shall be maintained by the Secretary of the Faculty and shall be available for review to persons or organizations not party to the proceedings but having an interest therein, not inconsistent with the tenets of academic freedom and privacy rights of the parties or persons involved, subject to the written approval of both the President and the faculty member or members involved in the proceeding. Copies of any portion of the record previously transcribed shall be made available at actual duplication cost in accordance with these same provisions.
Upon completion of the adjudicative proceedings, the President shall instruct the parties to do whatever is necessary to implement the decision and shall take all action necessary to insure that relief awarded is realized in fact. Copies of these communications shall be sent to all parties, nonparty participants, the hearing officer and hearing panel, and the Secretary of the Faculty.
The Chair of the Adjudication Panel shall annually report to the faculty in a Class C Bulletin in September the number of brief and comprehensive adjudicative proceedings commenced or concluded during the prior academic year and the action that ensued. Names of the grievant or accused shall not be published.
S-A 73, May 24, 1985; S-A 91, July 11, 1994; S-A 101, July 7, 2000: all with Presidential approval.
Footnote: Policy Regarding Procedures in the Selection and Appointment of Student and Staff Members on the Adjudication Panel
|A.||The following rules for the selection of student members of the Adjudication
Panel are based on drafts submitted by the ASUW and GPSS:
|1.||Six undergraduate students shall be selected by ASUW and six graduate or
professional students shall be selected by GPSS to serve on the Adjudication Panel according
to the ordinary appointment processes of those organizations.
|2.||Student members shall be matriculated, full-time students in good academic standing who
intend to be in residence at the Seattle campus for two years.
|3.||Members of the ASUW Board of Control, ASUW Commission Directors, and officers of the
GPSS are ineligible for appointment to the panel.
|4.||Members shall be appointed, or reappointed, for a term of one calendar year, to be effective
the start of the following Autumn Quarter.
|5.||Every effort shall be made to appoint a diverse group of students to the panel, to maintain
a balance with regard to gender, living group, academic area, race and ethnicity.
|6.||ASUW and GPSS shall submit the names of the persons selected to the Chair of the Faculty
Senate as early as possible during Spring Quarter for consideration at the next meeting of the
Senate Executive Committee and approval at the following meeting of the Faculty
|B.||The following rules for the selection of staff members of the Adjudication
Panel are based on a draft submitted by the Director of Personnel Services:
|1.||Six members of the staff shall be selected by the Director of Personnel Services and the
Professional Staff Advisory Council from persons nominated by each of the collective bargaining
units and the Professional Staff Organization.
|2.||Staff members shall be full-time employees with at least three years' experience on staff
at the University of Washington.
|3.||Officers and board members of organizations representing University employees are ineligible
|4.||Staff members shall be appointed, or reappointed, for a term of three calendar years,
beginning on September 16, except that of the initial six appointees, two shall be appointed
for a period of one year; two shall be appointed for two years; and two shall be appointed for
|5.||Every effort shall be made to appoint a diverse group of staff members to the panel, seeking
to maintain a balance with regard to gender, age, employment category, race, and ethnicity.
|6.||The Director of Personnel Services shall submit the names of the persons selected to the Chair of the Faculty Senate as early as possible during Spring Quarter for consideration at the next meeting of the Senate Executive Committee and approval at the following meeting of the Faculty Senate.|
S-C, December 1, 1994.