Faculty Major Sanctions Hearing Procedure - Anne Arundel Community College

I. Purpose

A. The purpose of this Interim Faculty Major Sanctions Hearings Procedure (“Hearing Procedure”) is to implement the Major Sanctions against Tenured and Tenure-Track Faculty Procedure (“Sanction Procedure”) of Anne Arundel Community College (“College”) by providing a generally applicable and orderly hearing process, which incorporates appropriate due process standards.

B. This Hearing Procedure sets forth the process to conduct a hearing when a hearing is requested by a Faculty Member pursuant to Section VII.I of the Sanction Procedure.

II. Scope and Applicability

A. This Hearing Procedure applies to any Hearing under the Sanction Procedure.

B. To the extent that the College Manual conflicts with this Hearing Procedure, this Hearing Procedure supersedes the College Manual.

III. Definitions

All capitalized terms in this Hearing Procedure have the meanings provided in the Employee Performance Management Policy and Sanction Procedure.

IV. Witness and Evidence Lists

A. No less than ten (10) Business Days before the Hearing, each Party will provide HR or designee with a written list of the following:

1. Any witnesses that the Party intends to call at the Hearing and a short summary of the likely testimony for each witness; and

2. Any documents and other evidence that the Party intends to present at the Hearing and a copy of the document or evidence.

3. Documents and/or evidence that is not provided by a Party by the deadline will not be considered at the Hearing, absent extenuating circumstances, as determined by HR. If HR determines to allow such documents and evidence to be considered, HR may postpone the Hearing to allow the opposing Party to consider such documents and evidence.

B. Upon receipt, HR will provide a copy of the witness and evidence/document list to the other Party and to the Hearing Officer and Hearing Board.

C. If a Party does not submit a witness and evidence list to HR or designee by the deadline, HR will inform the Hearing Officer.

D. Upon receipt of a witness and evidence list, a Party may request access to view any documents that another Party intends to submit at the Hearing. This information will be sent in secure electronic submission or hard copy, at the discretion of HR, at least five (5) Business Days in advance of the Hearing.

E. Character witnesses and other witnesses who did not personally observe or have information relevant to the allegations in the Notice will not be permitted to testify at the Hearing and will be excluded by the Hearing Officer.

F. The Hearing Officer, at the Hearing Officer’s discretion or at the request of a Party, may hold a pre-hearing conference with the Parties, their Advisors, the Hearing Board members, and HR or designee to review the Hearing Procedures and any issues with the witness or evidence lists in advance of a Hearing. A member of General Counsel’s office may also attend a pre-hearing conference to advise the Hearing Officer regarding the Hearing Procedure. General Counsel will not represent either Party at the pre-hearing conference, and the Hearing Officer will make a statement at the beginning of the pre-hearing conference to explain that General Counsel does not represent either Party.

V. General Hearing Procedures

A. Hearings will be held through electronic means. If a Party or Parties requests that the Hearing be held in another format, such as in person, the Hearing Officer will notify the other Party or Parties prior to making a final decision regarding the format. If the Hearing Officer determines that a different format will be used, the Hearing Officer will notify HR to make arrangements for the Hearing.

1. If the Faculty Member or witness is unavailable on the Hearing date, the individual must notify HR via email at least twenty-four (24) hours prior to the Hearing date and must provide the reasons that the individual is not available.

2. If HR finds there is good cause, then HR may reschedule the Hearing date.

3. If either Party fails to appear for the Hearing, the Hearing will proceed without the Party’s participation, unless the Party can show a good cause for failing to appear, as determined by HR.

B. The Hearing will be closed to individuals who are not directly involved in the Grievance.

1. Only the Hearing Board members, the Grievant, the Respondent, and the Parties’ Advisors may be present during the Hearing.

2. HR or designee may be present during the Hearing to provide administrative support, such as logistics, note taking, and recording.

3. Any other witness may be present at the Hearing only during the witness’ own testimony.

4. General Counsel may be present during the Hearing to provide legal advice to the Hearing Officer regarding the Hearing Procedure. General Counsel will not represent either Party at the Hearing or provide legal advice regarding the merits of the Grievance on behalf of either Party, and the Hearing Officer will make a statement at the beginning of the Hearing to explain that General Counsel does not represent either Party.

C. The Hearing Board is not bound by rules of evidence that apply in court, and the Hearing Officer may admit any evidence or testimony the Hearing Officer considers to be of value in determining whether the Respondent is responsible for the allegations in the Grievance Form, except as provided in this Procedure.

D. If the final Statement of Grounds includes a charge of incompetence, the testimony will include that of at least one (1) qualified, neutral and unbiased faculty member from the College or other institution of higher education. The assessment of the need for such testimony, and the choice of such individual(s) shall be at the discretion of the Hearing Board. The Faculty may provide their own witness, testimony or evidence in rebuttal of such individual’s testimony.

E. Recording the Hearing

1. HR will arrange for the Hearing to be recorded, at the College’s expense.

2. No other individual may make audio or video recordings of any part of the Hearing, interviews, or meetings.

3. The Hearing Officer will state on the record that by participating in the Hearing, all individuals present are deemed to have consented to the recording.

4. HR will maintain the recording of the Hearing, and Parties may be given access to the recording in accordance with the Sanction Procedure.

VI. Opening Statements

A. During the Hearing, the PVPL will be permitted to make an opening statement as to why a Major Sanction should be imposed on the Faculty Member.

B. Then, the Faculty Member will be permitted to make an opening statement as to why the Faculty Member should not be found responsible for the allegations in the Statement of Grounds.

C. Each opening statement will be limited to no more than five (5) minutes, unless otherwise agreed upon by the Hearing Officer.

VII. Presentation of the Case

A. The PVPL will present the PVPL’s case by testifying, calling any witnesses, and/or submitting and discussing any documents or evidence.

B. The Faculty Member will be permitted to ask questions of the PVPL and any witness called by the PVPL.

C. Then, the Faculty Member will be permitted to present the Faculty Member’s case by testifying, calling any witnesses, and/or submitting and discussing any documents or evidence.

D. The PVPL will be permitted to ask questions of the Faculty Member and any witness called by the Faculty Member.

E. The Hearing Officer and Hearing Board members may ask questions of the Parties or any witness at any time.

F. If the Hearing Officer determines that any question is inappropriate or irrelevant to the allegations in the Statement of Grounds, the Hearing Officer may instruct the Party or witness not to answer.

G. The PVPL and the Faculty Member may not present witnesses, documents, or evidence that was not disclosed prior to the Hearing, except in extenuating circumstances as determined in accordance with Section IV.A.3 above.

H. The Hearing Officer will permit all relevant witnesses and evidence disclosed prior to the Hearing; however, the Hearing Board may afford the testimony and evidence the amount of weight the Hearing Board deems appropriate.

I. If witness testimony, documents, or evidence goes well beyond the scope of the allegations in the Statement of Grounds, the Hearing Officer may direct the PVPL, Faculty Member or witness to focus on the issues in the Statement of Grounds.

VIII. Closing Statements

A. Once both Parties have presented their cases, the PVPL will be permitted to make a closing statement as to why the Faculty Member should be found responsible for the allegations in the Statement of Grounds and why a Major Sanction should be imposed.

B. Then, the Faculty Member will be permitted to make a closing statement as to why the Faculty Member should not be found responsible for the allegations in the Statement of Grounds and may oppose any remedies or solutions proposed by the PVPL and/or may suggest a different remedy or solution.

C. Each closing statement will be limited to no more than five (5) minutes, unless otherwise agreed upon by the Hearing Officer.

IX. Deliberations and Decision

A. After the Hearing, the Faculty Hearing Board will deliberate in private. The Hearing Board will make its best efforts to reach a consensus among all of its members; however, if a consensus cannot be reached, the Hearing Officer may call a vote, and the majority of the votes will determine the outcome.

B. The Hearing Officer, in consultation with the Faculty Hearing Board, will complete the Recommendation Form, including a recommendation as to whether or not the proposed Major Sanction should be imposed and the reasons for the recommendation. The Faculty Hearing Board may recommend an alternative lesser or higher sanction. Dissenting opinions should be noted.

C. The Hearing Officer will submit the completed Recommendation Form to the GC for a legal sufficiency review.

D. Within ten (10) Business Days of the Hearing, the Hearing Officer will submit the Recommendation Form to the President.

Procedure Title: Interim Faculty Major Sanctions Hearing Procedure

Policy Category: Human Resources

Policy Owner: President

Policy Administrator: Executive Director of Human Resources

Contact Information: Suzanne Boyer, slboyer1@aacc.edu, 410-777-2045

Approval Date: February 24, 2025

Effective Date: March 12, 2025

History: N/A

Applies to: All College employees

Related Policies: Employee Performance Management Policy

Forms/Guidelines: N/A

Relevant Laws: N/A