Conduct of Hearings of the Grievance and Hearing Committees Complainant(s) and Respondent(s) shall each be given written notice of a hearing. Notice for hearings before the Grievance Committee shall be provided not less than seven (7) days prior to the hearing, and notice for hearings before the Hearing Committee or Citation Panel shall be provided not less than fourteen (14) days prior to the hearing. However, the notice periods shall not apply if all or a portion of the period is waived by the Respondent(s), or in the case of a Grievance Committee hearing pursuant to the emergency procedure set forth in Article XII, Section 15.4 of ARCCA’s By-Laws. The Chair of the Grievance Committee, Hearing Committee, or of the Citation Panel shall preside over the hearing. However, if the Chair has recused themselves or is otherwise unwilling or unable to serve, the Chair’s designee, selected from among the members of that same committee, shall preside. A majority of the Grievance Committee, Hearing Committee, or Citation Panel must be present, either in person or by remote connection. There shall be no pre-hearing discovery. The Grievance Committee, Hearing Committee, and Citation Panel are not bound by formal rules of evidence; hearsay evidence, including written statements, may be considered at the discretion of the Committee. Hearings shall be conducted in a manner similar to an administrative hearing, with the members of the Committees being permitted to ask questions. All witnesses, other than the Respondent(s), will be sequestered (i.e. not allowed in the hearing room during the testimony of other witnesses), except for witnesses who are Grievance Committee members. All hearings may be recorded in a suitable manner. ARCCA’s Administrative Office shall retain recordings for a period of not less than thirty (30) days, or until the Board has considered the Grievance and the Hearing Committee has completed its determination, unless a Respondent requests in writing that the recordings be preserved for a specified future proceeding. At the hearing, each Respondent will be given a reasonable opportunity to be heard with respect to the allegations of the Grievance. The Respondent(s) will also be afforded a reasonable opportunity to question witnesses testifying during the hearing in support of the Grievance, and will be given a reasonable opportunity to present witnesses and other evidence in support of the Respondent(s)’s defense. No person shall be required to testify at the hearing and, in lieu thereof, may submit a written statement. Employees of ARCCA, ARCCA's contractors and Village contractors shall be permitted to submit a written statement, and appearance in person shall not be required or expected. Such employees may be represented at the hearing by their supervisory personnel if the Committee requests such representation. However, no later than five (5) days after receipt of notice of the grievance, a Respondent may submit up to five (5) written questions to the ARCCA Administrative Office for the Grievance Committee to utilize in its questioning of the employee. The Chair shall determine in their sole discretion whether such questions are relevant and appropriate for the investigation. If they are, the questions shall be provided to the members of the Committee assigned to investigate the grievance for use in questioning the employee. The credibility of witnesses and the weight to be given to the evidence presented shall be determined in the discretion of the Grievance and Hearing Committees and of the Board at each stage of the Grievance. A Respondent is entitled to be present at all stages of a hearing except during the deliberations of the Grievance or Hearing Committee after the hearing is concluded.
6
Made with FlippingBook - PDF hosting