Conduct of Hearing

The Step 3 hearing will be conducted according to the following guidlines:

•  The hearing body (executive committee or designated sub-committee) will appoint a hearing officer, who may be a member of the hearing body or may be an outsider.

•  The college will proceed first with its proofs (documents, testimony, and other evidence). The staff member may cross-examine any witnesses and respond to such other evidence.

•  At the conclusion of the college's presentation, the terminated staff member may present proofs (documents, testimony, and other evidence), and the college's representatives may cross-examine and respond.

•  Further rebuttal by the college and/or the terminated staff member will be at the discretion of the hearing body.

•  At the conclusion of the proofs, the hearing body will give each party an opportunity to make closing arguments, orally and/or in writing. If the hearing body requires additional evidence before rendering its decision, it will so advise the parties before the conclusion of the hearing and will give the parties a reasonable opportunity, generally not to exceed five to ten days, to comment or rebut.

•  The hearing body will issue its decision in writing within thirty calendar days after closing arguments have been made. The written decision will indicate whether the termination is upheld and whether any remedy is awarded to the staff member. If the staff member is awarded any remedy, such remedy may include reinstatement to the staff member's previous position or to other employment by the college, either with or without lost compensation and/or benefits, or severance benefits without re-employment by the college.

A copy of the appeal and the final determination will be kept in the Human Resources Office and the appeal and final determination will remain confidential.

This procedure is intended to provide the sole and exclusive means to the staff member to enforce all of the policies and procedures of Calvin College that relate in any way to corrective action or termination of employment.