Menu Menu
Academic Senate
Menu Academic Senate
Menu UCSB - Senate
Menu University of California Santa Barbara
Menu Menu
 
University of California Santa Barbara

Section 1. General Provisions

150. Uniformity of Procedures

All agencies of the Santa Barbara Division shall adhere to the procedures specified in Chapter IV whenever these procedures are applicable as determined by the Divisional Committee on Rules, Jurisdiction, and Elections.

155. Definitions

The following definitions apply to all matters within the jurisdiction of the Santa Barbara Division.

  1. Bylaws.

    Bylaws are statements that define the source of authority, membership, powers, duties, and organization of the Senate, its Divisions, and their various agencies. In essence, they are a constitution for the Senate and its component parts and express the philosophy and purpose of academic self-government and participation by the faculty in the administration of the University as stipulated in The Standing Orders of The Regents.
  2. Regulations.

    Regulations are statements that implement the routine application of the Bylaws to University matters such as admission and degree requirements and the authorization and supervision of courses, within the jurisdiction of the Academic Senate. Divisional regulations may neither modify nor conflict with Senate Bylaws or Regulations.
  3. Legislation.

    The term "legislation" denotes Bylaws and Regulations of a Senate agency.
  4. Modification of Legislation.

    The term "modification of legislation" denotes enactment of new legislation and amendment or repeal of existing legislation.
  5. Day.

    The term "day" denotes a day of instruction unless the contrary is specified. A specific exception is made for notices of meetings of the Division and the Faculty Legislature. For these notices all calendar days from the beginning of the fall term to the end of the spring term are counted; however, after a holiday or academic recess, only emergency meetings of a legislative agency may occur before the third day of instruction.
  6. Memorial to The Regents.

    The term "Memorial to the Regents" designates a declaration or petition addressed to the President for transmission to The Regents. (Am 23 Apr 98) [See Senate Bylaw 90]
  7. Memorial to the President.

    The term "Memorial to the President" designates a declaration or petition addressed to the President but not intended for transmission to The Regents.

    (Am 23 Apr 98) [See Senate Bylaw 90; Am 4/98]

160. Modification of Legislation

  1. Due Notice and Review.

    Subject to the provisions of Senate Bylaws 310 and 311, and Divisional Bylaw 10C, legislation of the Division may be modified at any meeting of the Faculty Legislature, provided that the proposed modification has been reviewed by the Divisional Committee on Rules, Jurisdiction, and Elections, and that written notice has been given at least five calendar days prior to the meeting.
  2. Requisite Majorities.

    Modifications of Divisional Bylaws requires a two- thirds affirmative vote of all voting members present at a meeting of the Faculty Legislature, but Divisional Regulations may be modified with the approval of a majority of the voting members present at such a meeting.
  3. Form of Presentation.

    All proposed legislation presented to the Faculty Legislature shall be accompanied by a statement of the purpose and effect of the proposal, including the text to be modified or adopted.
  4. Effective Date.

    Legislation becomes effective immediately following its approval by the Faculty Legislature, unless reasons for a different effective date have been submitted and accepted. [See Senate Bylaw 312.C4] (Am 22 Apr 99)

165. Suspension of Regulations

On recommendation of a committee of the Division, any Divisional regulation concerning students may be suspended in individual instances by a three-fourths vote of the voting members present at any meeting of the Faculty Legislature. (Am 11 Feb 71)

170. Meetings of the Division

  1. Scheduling of Meetings.

    The President of the Senate or Chair of the Division may call a meeting of the Division at any time during the academic year. Upon the written request of ten members of the Division to the Executive Council, a special meeting of the Division must be called by the Chair, or by the Vice Chair/Secretary in the Chair's absence or disability, to consider a request for a referendum on an action of the Senate Assembly or to discuss an announced referendum on an action by said Assembly. Upon the written request of twenty-five (25) members on any other matter, a special meeting must be called by the Chair. [See Senate Bylaw 75B; Divisional Legislative Ruling 4.72, Appendix I]
  2. Emergency Meetings.

    An emergency meeting of the Division may be called by the Chair of the Division or, in the event of his/her absence or disability, by the Vice Chair/Secretary. The Call for such a meeting shall be sent to every member of the Division at least two instructional days before the meeting. The order of business shall be that for special meetings. Legislation is not subject to modification at an emergency meeting.
  3. Due Notice.

    For meetings of the Division or the Faculty Legislature, due notice is five calendar days; for emergency meetings, it is at least two instructional days. However, after a holiday or academic recess, only emergency meetings of a legislative agency may occur before the third day of instruction. (Am 11 Feb 71; Am 22 Apr 99)

175. Divisional Quorum

Forty voting members are a quorum. (Am 11 Feb 71; Am 22 Apr 99)

180. Order of Business

The order of business at all meetings of the Division (where applicable) and the Faculty Legislature is governed by the procedures specified below.

  1. Regular Meetings.

    1. Roll Call (Faculty Legislature only)
    2. Minutes
    3. Announcements by the President and the Chancellor
    4. Announcements by the Chair and others
    5. Special Orders
    6. Reports of Special Committees
    7. Reports of Standing Committees and Faculties
    8. Petitions of Students
    9. Unfinished business
    10. University and Faculty Welfare
    11. New Business

      This order of business may be suspended by a vote of two-thirds of the voting members present.

  2. Special Meetings.

    1. Minutes: The reading of the minutes may be omitted with the approval of two-thirds of the voting members present.
    2. The special business of the occasion.
    3. Any other business authorized by unanimous consent of the voting members present.
  3. Special Orders.

    1. Consent Calendar: Items of business deemed non-controversial by the Chair of the Division may be placed under special orders in the Call as a Consent Calendar. [See Bylaw 190A]
    2. Degree Reports: Reports of degrees are a special order at any meeting to which they are presented.
    3. Annual Reports: Annual reports of Standing Committees are a special order for a regular Faculty Legislature meeting.
    4. Memorials: A Memorial transmitted to the Division shall constitute a special order for a regular meeting unless a special meeting is called to consider it.
  4. Authority in Questions of Order.

    Questions of order not covered by legislation are governed by Robert's Rules of Order, or Sturgis Standard Code of Parliamentary Procedure, at the option of the agency involved. (Am 11 Feb 71)

185. Agenda and Minutes of Meetings

  1. The Call for a Meeting.

    At least five calendar days before each regular or special meeting of the Division or its Faculty Legislature and at least two instructional days before an emergency meeting, the Vice Chair/Secretary of the Division shall send one copy of the Call for the meeting, together with all pertinent documents, to every member of the Division to the executive offices of the other Divisions, the Secretaries of the Senate, and to each member of the Senate Committee on Rules and Jurisdiction [See Divisional Bylaw 170C]. The Call for a non-emergency meeting shall include the text of any legislation to be modified and a statement of the purpose of the proposal and its effect on existing legislation. Items of business deemed non-controversial by the Chair of the Division may be placed on a Consent Calendar under Special Orders in the Call. A single unanimous vote suffices for approval of all business on the Consent Calendar. At the request of any member of the Division, any Calendar item must be deferred until consideration of new business. The Call for a special or emergency meeting shall contain a statement of the purpose of the meeting.
  2. Action on Items Not in the Call.

    Approval of three-fourths of the voting members present at a meeting of the Division or its Faculty Legislature is required for final action to be taken on any non-legislative item of business not included in the Call for the meeting. No such action is authorized for legislation not included in the Call.
  3. Minutes.

    Within fifteen days after each meeting of the Division or its Faculty Legislature, the Vice Chair/Secretary of the Division shall send at least one copy of the Minutes of the meeting to the President of the Senate, every member of the Division, the executive offices of the other Divisions, the Secretaries of the Senate, and each member of the Senate Committee on Rules and Jurisdiction. (Am 11 Feb 71)

187. Appeals

An academic decision made by a Divisional council empowered to act without subsequent Faculty Legislature approval may be appealed, in writing, by any member of the division directly to the council within 15 days of the decision. The appeal is considered at the next regular meeting of the council, and the chair will issue a written response within 10 days of the meeting. If either any ten members of the division or the chair of a department, program, or interdisciplinary group finds the council's decision to be unacceptable, they may appeal, in writing, to the Executive Council within 15 days of the council's response. The appeal is considered at the next regular meeting of the Executive Council, and the chair will issue a written decision within 10 days of the meeting. If any ten members of the division or the chair of a department, program, or interdisciplinary group find the Executive Council's decision unacceptable, they may appeal to the Faculty Legislature in writing within 15 days of the Executive Council's decision. The Executive Council may recommend appropriate action to the Faculty Legislature. [See Bylaw 50 C 3]

190. Memorials

  1. Memorials to the President.

    The Division may submit memorials directly to the President with copies to the Senate Assembly. (Am 12 Nov 98) [See Senate Bylaw 90G]
  2. Memorials to the Regents.

    The Division may initiate memorials on matters of Universitywide concern to be submitted to the Regents through the President as prescribed in Senate Bylaw 90B.
  3. Referral to a Ballot.

    Resolutions passed at a Divisional meeting are subject to a ballot on the written request of 25 members of the Division presented within 5 days after the distribution of the minutes of the meeting. (Am 11 Feb 71; Am 31 Oct 02) [See Divisional Legislative Ruling D4.72, Appendix II]

195. Elections

  1. General Provisions.

    Subject to further provisions of this Bylaw, all elections in the Division and its agencies are by mail or electronic ballot and are conducted by the appropriate secretary under such supervision as the agency determines.
  2. Initial Elections.

    In any newly established agency of the Division, initial elections occur immediately following such establishment, and each person elected assumes office as soon as his/her election has been certified by the appropriate secretary. If such a person is elected to an initial term of four months or less, he/she remains in office until the end of the term of office next following. Subsequent elections are held at a time determined by the appropriate agency. [See 30B]
  3. Assumption of Office.

    Unless otherwise specified, the term of office of each person elected in the Division or any of its agencies begins on the first of September following his/her election, but the length of his/her term is determined by the appropriate electors. [See Senate Bylaw 30A]
  4. Annual Divisional Elections.

    The annual election of the Committee on Committees, Representatives in the Senate Assembly, and Divisional Officers occurs during the first week in March.
  5. Elections.

    Elections in the Division and its agencies are conducted as follows [See paragraph A] (Am 31 Oct 02):
    1. Notice of Election: At least 30 days before the election the appropriate secretary transmits a notice of election to each voter. (Am 31 Oct 02)
    2. Nominations: Nominations must be filed with the appropriate secretary within 15 days following the notice of election. Each nomination must be endorsed by five voters and must contain certification of acceptance by the nominee. (Am 1 Jun 00; Am 31 Oct 02)
    3. Ballots: At least ten days before the election, the Academic Senate office transmits to each voter an alphabetically arranged ballot listing all persons nominated and notifies the voter to submit his/her ballot to the Academic Senate office by the date of the election. (Am 31 Oct 02)
      1. If election is by mail ballot, each voter receives a plain envelope for enclosing his/her marked ballot and a further envelope addressed to the secretary to be used for the return of the sealed ballot. The envelope addressed to the secretary must have a space for the signature of the voter. Mail ballots lacking this validating signature are void. (Am 31 Oct 02)
      2. If the election is by electronic means, each voter receives access to a secure, web-based, voting system maintained by the Senate office. The system shall be designed to separate each ballot from the voter who cast it, so that it is impossible to learn how anyone voted. The system shall be designed so that once a vote has been cast, neither the voter nor anyone with access to the system will be able to change the vote. The system shall be designed to allow reading the results only after the date of the election. In case a voter submits both an electronic and a paper ballot, the electronic ballot takes precedence and the paper ballot will be destroyed prior to the count. (En 31 Oct 02)
      3. In the first election in which electronic voting is used, eligible voters will be given the opportunity to vote either by electronic means or by mail. In subsequent elections, the Chair of the Senate, in consultation with the Committee on Rules, Jurisdiction, and Elections, shall have discretion to decide whether the election will be conducted by mail, by electronic means, or by both means. (En 31 Oct 02)
    4. Counting the Ballots: The appropriate secretary shall deliver the ballots received by him/her to the agency authorized to count the ballots and to certify the results to the appropriate body. In the Division this agency is the Committee on Rules, Jurisdiction and Elections.
    5. Number of Votes Required for Election: Candidates receiving the highest number of votes are elected. In the case of a tie vote, a second ballot, listing the candidates' names alphabetically, is transmitted to each voter. (Am 1 Jun 00; Am 31 Oct 02)
    6. Balloting in the Event of Single Nominees: In case there are no more nominees than vacancies, the ballot described in subparagraph (3) above is omitted and at the next regular meeting of the body concerned, either a single ballot is cast by the appropriate secretary or further nominations may be made from the floor. If further nominations are made, a ballot is then conducted during the succeeding ten-day period according to the provisions of subparagraph (3) above. Agencies of the Division are not required to meet for election only. Instead, the persons nominated are declared elected until the next regular meeting of the agency, when their election may be confirmed, or other persons nominated from the floor and a ballot conducted as described herein.

    (Am 26 May 77; Am 31 Oct 02)

  6. Replacing Persons Resigning or Otherwise Unable to Complete Their Terms of Office.

    If an officer of the Division, a member of the Committee on Committees, or a Divisional Representative to the Assembly is unable to complete a term, the Committee on Committees appoints a replacement to fill the remainder of the unexpired term. (Am 1 Jun 00)

200. Ballots on Actions or Measures

  1. General Provisions.

    Except as provided in Bylaw 190C, only those actions or measures which have been considered at a meeting of the Faculty Legislature may be submitted to a ballot of the voting membership of the Division.
  2. Conduct of the Balloting.

    At least five days before the transmittal of ballots, the Vice Chair/Secretary of the Division sends to each voter all relevant texts and a brief summary of the arguments submitted. Completed ballots must be returned to the Vice Chair/Secretary at a date specified by the Committee on Rules, Jurisdiction, and Elections. The voting is conducted as described in Divisional Bylaw 195 E 3. All ballots received by the stipulated return date are counted by the Committee on Rules, Jurisdiction, and Elections, and at the next meeting of the Faculty Legislature, the Vice Chair/Secretary announces the number of affirmative votes, the number of negative votes, and the number of invalid ballots cast. (Am 31 Oct 02)

205. Departmental Voting Rights (Systemwide Bylaw 55)

  1. General Provisions (Am 4 May 89).

    1. According to the Standing Orders of The Regents, "…the several departments of the University, with the approval of the President, shall determine their own form of administrative organization…." No department shall be organized in a way that would deny to any of its non- emeritae/i faculty who are voting members of the Academic Senate, as specified in Standing Order 105.1(a), the right to vote on substantial departmental questions, excepting only certain personnel actions as detailed in Article B of this Bylaw. [See Senate Legislative Ruling U5.67, Appendix II] (Am 4 May 95)
    2. In all matters other than those specified in paragraphs 1 to 5 of Article B of this Bylaw, the right to vote may be delegated to duly elected committees.
  2. Designation of Voting Rights.

    1. All tenured faculty in a department have the right to vote on all new departmental appointments that confer membership in the Academic Senate. Prior to such a vote, all the non-emeritae/i departmental members of the Academic Senate must be afforded an opportunity to make their opinions known to the voters. (Am 4 May 95)
    2. Professors have the right to vote on all cases of promotion to the ranks of Professor, Professor-in- Residence, and Professor of Clinical (e.g., Medicine). Professors and Senior Lecturers with Security of Employment (SOE), who are Senate members [See Bylaw 40C] have the right to vote on all cases of appointment or promotion to the rank of Senior Lecturer (SOE). (Am 5 May 88)
    3. Professors and Associate Professors have the right to vote on all cases of promotion to the ranks of Associate Professor, Associate Professor-in-Residence, and Associate professor of Clinical (e.g., Medicine). Professors, Associate Professors, Senior Lecturers (SOE), and Lecturers (SOE), who are Senate members [See Bylaw 40C], have the right to vote on all cases of appointment to the rank of Lecturer (SOE). (Am 5 May 88)
    4. For voting purposes, all cases that involve the removal of the Acting modifier from the title of a member of the Academic Senate shall be treated as promotion to the rank in question.
    5. All cases of non-reappointments or terminations of Assistant Professors, Assistant Professors-in- Residence, and Assistant Professors of Clincial (e.g., medicine), or Lecturers and Senior Lecturers, shall be voted upon by those faculty eligible to vote on promotion to the ranks of Associate Professor, Associate Professor-in- Residence Associate Professor of Clinical (e.g., Medicine), or appointments to the titles Lecturer (SOE) and Senior Lecturer (SOE), respectively. (Am 5 May 88)
    6. All cases of advancement within any rank that confers membership in the Academic Senate shall be voted upon by those persons entitled to vote on promotion or non-reappointment to the rank in question under the provisions of paragraphs 2 to 5 of this Article B. (En 4 May 95)
    7. In none of the instances specified in paragraphs 1 to 5 of this Article B may the right to vote be delegated to a committee. The actual method of voting shall be determined by the eligible voters; subject, however, to the provision that no voter may be denied the option to require a secret ballot. In cases of advancement within rank, the eligible voters for each rank in question shall either follow the same procedures used for promotions and non-reappointment or may, by two thirds majority vote and subject to the approval of the divisional Committee on Academic Personnel or its equivalent, delegate the authority for such actions to a duly elected committee or other agency, or adopt some other method acceptable to the divisional Committee on Academic personnel or its equivalent. Any such method or delegation of authority shall remain in effect for at least one calendar year (twelve months). Thereafter upon the request of any faculty member entitled to a vote on the cases in question under the provisions of Paragraph 6 of this Article B, the eligible voters shall reconsider the question of how such cases shall be handled. (Am 4 May 95)
    8. The tenured faculty members of a department shall establish the method by which personnel matters other than those listed in Paragraphs 1 to 6 of this Article B are determined. The method adopted must have the approval of the Divisional Committee on Academic Personnel or its equivalent.
  3. Extension of Voting Privileges.

    Voting privileges on personnel matters within any department may be extended to one or more of the classes of non-Emeritae/i Academic Senate members of that department, as a class, who are not otherwise entitled to vote under the provisions of Paragraphs 1 to 6 of Article B of this Bylaw, upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of Paragraphs 1 to 6 of Article B of this Bylaw. Any extensions of the voting privilege under this Article C must remain in effect for at least one calendar year (twelve months); thereafter, any faculty member entitled to a vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw may request reconsideration. Following a request for reconsideration, and prior to any subsequent vote on the cases in question, the Chair or other appropriate departmental officer shall put the question of renewal of privileges to a vote. An extension of voting privileges will be renewed only upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of Paragraphs 1 to 6 of Article B of this Bylaw. (Am 4 May 95) [See Senate Legislative Ruling A5.67, Appendix II]
  4. Rights and Privileges of Emeritae/i Faculty. (En 4 May 95)

    1. Emeritae/i members of the Academic Senate retain membership in the departments to which they belonged at the time of their retirement. They do not have the right to vote on departmental matters, except as provided in this Article D.
    2. With the exception of personnel actions, Emeritae/i member of the department have the right to receive the same notice of meetings as other Academic Senate members. They have the right of access to materials relevant to those meetings, the privilege of the floor at those meetings, and the right to make their opinions known to the voting members.
    3. Emeritae/i, while recalled to service in a department from which they have retired, regain voting rights on all departmental matters, except personnel matters, during the period of such service. They may be accorded voting privileges on personnel matters only as a class consisting of all recalled Emeritae/i and only as specified in paragraph 4.c of this Article D.
    4. Additional privileges in a department from which they have retired may be extended, either to all Emeritae/i as a class of the whole, or to all Emeritae/i recalled to active service, during the period of such service, as follows:
      1. Voting privileges on all non-personnel matters may be extended to all Emeritae/i upon a majority vote by secret ballot of the total non-Emeritae/i Academic Senate membership of that department.
      2. The privilege of notice of meeting on personnel actions, access to materials, and/or privilege of the floor may be extended to Emeritae/i upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw.
      3. Voting privileges on personnel matters may be extended to Emeritae/i upon at least a two-thirds majority vote by secret ballot of those faculty entitled to vote on the cases in question under the provisions of paragraphs 1 to 6 of Article B of this Bylaw.
    5. Any extension of privilege to Emeritae/i under paragraph 4 of this Article D must remain in effect for at least one calendar year (twelve months); thereafter, any faculty member entitled to a vote on the question of an extension of privilege under the provisions of paragraph 4 of this Article D may request reconsideration. Following a request for reconsideration, and prior to any subsequent vote on the cases in question, the Chair or other appropriate departmental officer shall put the question of renewal of privilege to a vote. An extension of privilege will be renewed only under the procedures specified for the initial extension of voting privileges by paragraph 4 of this Article D.
  5. Other Units.

    In Divisions or schools or colleges where the term "department" is not used, this Bylaw refers to those units from which academic appointments and promotions are recommended to administrative officers. (Am 2 Dec 81)

210. Committee on Privilege and Tenure – Jurisdiction

(Senate Bylaw 334. *In May 2001, Bylaws 334-337 replaced the former Senate Bylaw governing all divisional Privilege and Tenure activities, Bylaw 335.)

  1. Divisional Privilege and Tenure Committees shall have jurisdiction to deal with three distinct categories of cases:
    1. Grievance cases (SBL 335), where a member of the Senate claims injury through the violation of his/her rights and privileges;
    2. Disciplinary cases (SBL 336), where a member of the Senate is accused of having violated the Faculty Code of Conduct;
    3. Early termination cases (SBL 337), where a Senate or non-Senate faculty member challenges whether there is good cause for his/her early termination.

      Such committees may also be called upon by the campus administration of their Division to render advice on campus policies or local regulations that may affect academic privileges and tenure. [See Legislative Ruling 12.80]

  2. At the end of every year, the Divisional Committee will supply a summary of its cases to the University Committee on Privilege and Tenure, to be used for statistical purposes only. This summary shall not include the name of any individual involved in a case before the Divisional Committee. For any matter held over from the previous year, the Committee shall report the final disposition of the case. The Divisional Committee shall also report any final disagreements with their Chancellor.
  3. After any formal hearing on grievance, discipline, or early termination, upon notice of the Chancellor's tentative decision to disagree with the Privilege and Tenure findings or recommendations, the Chair of the Divisional Privilege and Tenure Committee should either meet with the Chancellor or arrange for the full Divisional Privilege and Tenure Committee to meet with the Chancellor. The Committee is obliged to report the existence of agreement or disagreement with the Chancellor annually to the Division of the Senate, without divulging confidential information.

215. Committee on Privilege and Tenure – Grievance Cases

[Senate Bylaw 335 (En 23 May 01)]

  1. Scope

    1. Any member of the Academic Senate may grieve to the Divisional Privilege and Tenure Committee (hereafter, the Committee) that the member's rights or privileges have been violated. Before considering the grievance and determining whether a formal evidentiary hearing is warranted, the Committee may require that the grievant shall first exhaust all appropriate administrative avenues of redress. Administrative avenues of redress include, but are not limited to, presentation of the grievance along with a request for an administrative remedy to the department chair, dean, or other appropriate academic administrator with authority to investigate and offer a remedy.
    2. In cases of personnel review involving tenure, promotion, or reappointment, such grievances may be based only on allegations: (a) that the procedures were not in consonance with the applicable rules and requirements of the University or any of its Divisions, and/or (b) that the challenged decision was reached on the basis of impermissible criteria, including (but not limited to) race, sex, or political conviction. The committee shall be empowered to determine the validity of the grievances under (a) or (b) but shall not be empowered to reevaluate the academic qualifications or professional competence of the grievant.
  2. Preliminary Procedure in Grievance Cases.

    1. For the purpose of advising Senate members on the available relief in case of a potential grievance, each Division, in accordance with specifications to be determined by such Division, shall appoint an individual or panel (preferably former members of the Privilege and Tenure Committee, but not current members) who shall be available to each grievant to discuss the claim of violation of rights and privileges and to provide advice on the appropriate procedure to be followed. Such individuals or panel members shall not serve as representatives of any grievant, and they shall maintain full confidentiality to the extent allowable by law. An aggrieved Senate member may consult with the individuals appointed under this provision with the understanding that the grievance will not be disclosed and that the consultation shall not constitute notice of the grievance to the campus or University administration.
    2. Upon receipt of a written grievance, the Privilege and Tenure Committee shall first determine whether or not the grieving Senate member has made out a prima facie case. This determination shall be limited to a review of the written grievance only. A prima facie case shall be deemed established if the Committee concludes that the allegations as stated in the written grievance, if true, would constitute a violation of the faculty member's rights and privileges.
    3. If it finds that there is a prima facie case, the Committee may conduct a preliminary review of the evidence to determine whether there is sufficient reason to believe that a right or privilege of the grievant may have been violated. In the course of its preliminary review, the Committee shall provide the grievant with an opportunity to discuss his or her allegations with the Committee, either orally or in writing. Upon an appropriate showing of need by any party or on its own initiative, the Committee may request files and documents under the control of the administration, including the grievant's personnel files and confidential documents contained therein. Such confidential documents shall remain confidential within the committee unless disclosure is required by law. At this stage, the Committee may also give the administrator with authority to offer a remedy notice of the grievance and an opportunity to respond. To further facilitate its review, the Committee may also ask other persons involved in the events that gave rise to the grievance, including the department chair, to appear before or provide information to the Committee.
    4. If the committee determines either that the grievant has not made out a prima facie case or that after a preliminary review, there is not sufficient reason to believe that the grievant's rights and privileges may have been violated, it shall advise the grievant to that effect in a written communication stating the reasons for its conclusion.
    5. If the Committee determines that the grievant has made out a prima facie case of violation of a right or privilege, and that there is sufficient reason to believe that the grievant's rights and privileges may have been violated, the Committee shall advise the Chancellor's designee of the grievance and the prima facie determination. The Committee shall make an attempt to promote a resolution of the controversy between the grievant and the administrative officer, officers, or other persons concerned. If no resolution can be reached, the Committee shall conduct a formal hearing in accordance with the provisions set forth below.
    6. No grievance may be considered by the Committee if more than three years have passed between the time the grievant knew or should have known about the violation of his/her rights and privileges and the resulting injury there from, and the filing of a grievance with the Committee.
  3. Early Resolution

    1. Any party may attempt to resolve the grievance informally through negotiations. Such negotiations may proceed with the assistance of impartial third parties, including one or more members of the Committee. A negotiated resolution is permissible and appropriate at any stage of these grievance procedures. If a negotiated resolution is reached after a written grievance is filed, then the Privilege and Tenure Committee should be given notice that the matter has been resolved.
    2. The grievance may also be resolved through mediation in cases where such mediation is acceptable to the administration and the grievant. With the consent of the administration and the grievant, the Committee may assist in the selection of an appropriate mediator. Other relevant parties, including members of the Committee, may participate in the mediation.
  4. Hearing and Post-hearing Procedures

    1. The Privilege and Tenure Committee shall appoint a Hearing Committee for each grievance case that is not resolved through a negotiated resolution or mediation. The Hearing Committee should consist of at least three Division members. At least two of the members shall be members of the Committee on Privilege and Tenure, one of whom shall chair the Hearing Committee. The committee may not appoint a member of the department or equivalent administrative unit of any of the parties to the Hearing Committee. Hearing Committee members shall disclose to the Hearing Committee any circumstances that may interfere with their objective consideration of the case and recuse themselves as appropriate. A quorum for the conduct of the hearing shall consist of at least half but not less than three members of the Hearing Committee, including at least one member of the Committee on Privilege and Tenure.
    2. Prior to the formal hearing, the chair of the Hearing Committee shall schedule a conference with the parties and/or their representatives. This conference should attempt to:
      1. Determine the facts about which there is no dispute. At the hearing, these facts may be established by stipulation;
      2. Define the issues to be decided by the hearing committee;
      3. Set a time for both sides to exchange a list of witnesses and copies of exhibits to be presented at the hearing. The Hearing Committee has the discretion to limit each party to those witnesses whose names were disclosed to the other party prior to the hearing and to otherwise limit evidence to that which is relevant to the issues before the hearing committee;
      4. Specify whether pre-hearing and post-hearing briefs will be submitted by the parties as well as the deadlines for those briefs;
      5. Attain agreement about whether any person other than the Chancellor, the Chancellor's designee, the grievant, and their representatives may be present during all or part of the hearing. In order to preserve the confidentiality of the hearing, persons whose presence is not essential to a determination of the facts shall, as a general rule, be excluded from the hearing.
    3. The Chancellor's designee, the grievant, and/or their representatives shall be entitled to be present at all sessions of the Hearing Committee when evidence is being received. Each party shall have the right to be represented by counsel, to present its case by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts.
    4. The hearing need not be conducted according to the technical legal rules relating to evidence and witnesses. The Hearing Committee may, upon an appropriate showing of need by any party or on its own initiative, request files and documents under the control of the administration. All confidential information introduced into evidence, including the identity of confidential sources of personnel evaluations, shall remain so within the Hearing Committee. The Hearing Committee may call witnesses or make evidentiary requests on its own volition. The Hearing Committee also has the discretion to require that all witnesses affirm the veracity of their testimony.
    5. No evidence other than that presented at the hearing shall be considered by the Hearing Committee or have weight in the proceedings, except that the Hearing Committee may take notice of any judicially noticeable facts that are commonly known. Parties present at the hearing shall be informed of matters thus noticed, and each party shall be given a reasonable opportunity to object to the Hearing Committee's notice of such matters.
    6. The Divisional Committee on Privilege and Tenure may, at its discretion, request the appointment of a qualified person or persons, designated by the Chair of the University Committee on Privilege and Tenure, to provide legal advice and/or to assist in the organization and conduct of the hearing.
    7. At the hearing, the grievant shall bear the burden of proving the validity of the grievance by a preponderance of the evidence.
    8. At the conclusion of the hearing, the Hearing Committee shall promptly make its findings of fact, conclusions supported by a statement of reasons based on the evidence, and recommendation, and forward these to the parties in the case, the Chancellor, the Chair of the Divisional Committee on Privilege and Tenure, and the Chair of the University Committee on Privilege and Tenure. The findings, conclusions, recommendations, and record of the proceedings shall be confidential to the extent allowed by law and UC policy. The Hearing Committee may, however, with the consent of the grievant, authorize release of the findings, conclusions, and recommendations to other individuals or entities, to the extent allowed by law.
    9. The hearing shall be recorded. The Hearing Committee has the discretion to use a certified court reporter (whose cost is borne by the administration) for this purpose, and the parties and their representatives shall have the right to a copy of the recording or transcript. The cost of the copy shall be assumed by the requesting party.
    10. The Hearing Committee may reconsider a case if either party presents, within a reasonable time after the decision, newly discovered facts or circumstances that might significantly affect the previous decision and that were not reasonably discoverable at the time of the hearing.
  5. Grievance Cases Related to Disciplinary Cases

    1. There are circumstances in which the same set of facts and allegations lead to both a disciplinary matter and a grievance before the Committee. Under these circumstances, when a single hearing is held, the Committee shall make separate reports of findings, conclusions, and recommendations for the grievance and for the disciplinary matter.
      1. When a grievance involves the same set of facts that are the subject of a disciplinary matter, the Committee on Privilege and Tenure may, at its discretion, hold either matter in abeyance while it proceeds with the other. Alternatively, the Committee may, with the consent of the grievant, the accused in the disciplinary matter, and the Chancellor's designee, consider both matters within a single hearing.
      2. When a Senate member facing disciplinary charges files a grievance involving the same set of facts and circumstances as the disciplinary matter, the Committee on Privilege and Tenure has the discretion to consider both matters within a single hearing.
    2. When a Senate member files a grievance that is based upon the same facts and incidents involved in a prior disciplinary hearing at which the same Senate member was accused of violating the Code of Conduct, the findings and conclusions of the prior disciplinary hearing shall be conclusive.

220. Committee on Privilege and Tenure – Disciplinary Cases

[Senate Bylaw 336 (En 23 May 01; Am 10 April 19)]

Bylaw 336 was substantially revised in 2019. Link to the previous version.

  1. Right to a Hearing

    In cases of disciplinary action commenced by the administration against a member of the Academic Senate, or against other faculty members in cases where the right to a hearing before a Senate committee is given by Section 103.9 or 103.10 of the Standing Orders of The Regents (Appendix I), proceedings shall be conducted before a Divisional Committee on Privilege and Tenure (hereafter, the Committee). Under extraordinary circumstances and for good cause shown, on petition of any of the parties and with concurrence of the other parties, the University Committee on Privilege and Tenure may constitute a Special Committee composed of Senate members from any Division to carry out the proceedings.

  2. Time Limitation for Filing Disciplinary Charges

    The Chancellor is deemed to know about an alleged violation of the Faculty Code of Conduct when it is reported to any academic administrator at the level of department chair or above or, additionally, for an allegation of sexual violence or sexual harassment when the allegation is first reported to the campus Title IX Officer. The Chancellor must file disciplinary charges by delivering notice of proposed disciplinary action to the respondent no later than three years after the Chancellor is deemed to have known about the alleged violation. There is no limit on the time within which a complainant may report an alleged violation. (Am 9 March 05; Am 14 Jun 17)

  3. Prehearing Procedure in Disciplinary Cases

    1. In cases of disciplinary charges filed by the administration against a member of the Academic Senate, or termination of appointment of a member of the faculty in a case where the right to a hearing before a Senate committee is given under Section 103.9 or 103.10 of the Standing Orders of The Regents, disciplinary charges shall be filed by the appropriate Chancellor or Chancellor's designee, once probable cause has been established. Procedures regarding the establishment of probable cause are determined by APM 015/016 and Divisional policies. The disciplinary charges shall be in writing and shall contain notice of proposed disciplinary sanctions and a full statement of the facts underlying the charges.
      1. The Chancellor or Chancellor’s designee shall deliver the disciplinary charges to the Chair of the Committee on Privilege and Tenure, with a copy to the accused faculty member. If practicable, the Chancellor or Chancellor’s designee shall deliver the disciplinary charges at an in-person meeting with the Chair of the Committee on Privilege and Tenure and the accused faculty member. If this is not practicable, the Chancellor or Chancellor’s designee shall deliver the disciplinary charges to the Chair of the Committee on Privilege and Tenure electronically, with a copy to the accused sent electronically to the accused’s official University email account and a courtesy copy by overnight delivery service to the accused’s last known place of residence. The accused will be deemed to have received the disciplinary charges when they are sent to the accused’s official University email account. (Am 10 April 19)
      2. Along with a copy of the charges, the Chancellor or Chancellor’s designee shall provide written notice to the accused of (i) the deadline for submitting an answer to the disciplinary charges (section C.2 below), and (ii) the deadline for commencing the hearing (section E.1 below). (Am 10 April 19)
    2. The accused shall have 14 calendar days from the date of receipt of the disciplinary charges in which to file an answer in writing with the Committee on Privilege and Tenure. The Committee on Privilege and Tenure shall immediately provide a copy of the answer to the Chancellor or Chancellor's designee. (Am 14 Jun 17; Am 10 April 19)
    3. Within five business days after receiving the disciplinary charges, the Chair of the Committee on Privilege and Tenure shall contact the accused, the Chancellor or Chancellor’s designee and/or their representatives in writing in order to schedule the hearing. (Am 10 April 19)
      1. The Chair shall offer a choice of dates for the hearing and instruct the parties to provide their availability on the given dates within 14 calendar days.
      2. Within five business days after receiving the information requested in section 3.a from the parties, the Committee on Privilege and Tenure will schedule the hearing and notify the accused, the Chancellor or Chancellor’s designee and/or their representatives in writing of the date(s). The accused shall be given either in person or by email or overnight delivery service, at least ten calendar days’ notice of the time and place of the hearing.
      3. All parties must give priority to the scheduling of a hearing and cooperate in good faith during the scheduling process. A hearing shall not be postponed because the accused faculty member is on leave or fails to appear.
  4. Early Resolution

    1. The Chancellor or Chancellor's designee and the accused may attempt to resolve the disciplinary charges through negotiation. A negotiated resolution is permissible and appropriate at any stage of these disciplinary procedures. Such negotiations may proceed with the assistance of impartial third parties, including one or more members of the Committee on Privilege and Tenure. However, such negotiation shall not extend any deadline in this Bylaw. (Am 14 Jun 17; Am 10 April 19)
    2. If a negotiated resolution is reached after disciplinary charges are filed, then the Chancellor or Chancellor’s designee is encouraged to consult with the Chair of the Committee on Privilege and Tenure prior to finalizing the settlement. The Chair of the Committee on Privilege and Tenure should make a request for such a consultation once disciplinary charges have been filed with the Committee on Privilege and Tenure. The Chancellor or Chancellor’s designee should inform the Committee on Privilege and Tenure if the matter is resolved. (Am 10 April 19)
  5. Time Frame for Hearing Process in Disciplinary Cases (Am 10 April 19)

    1. The hearing shall begin no later than 60 calendar days from the date disciplinary charges are filed with the Committee on Privilege and Tenure.
    2. Any deadline in this Bylaw may be extended by the Chair of the Committee on Privilege and Tenure or the Chair of the Hearing Committee, but only for good cause shown, requested in writing in advance. Good cause consists of material or unforeseen circumstances sufficient to justify the extension sought. A request to delay the start of the hearing beyond the 60 days mandated by this Bylaw must include adequate documentation of the basis for the request.
    3. Within three business days of receiving an extension request, the Chair of the Committee on Privilege and Tenure or the Chair of the Hearing Committee shall notify the accused, the Chancellor or Chancellor’s designee, and/or their representatives in writing of the approval or denial of the request. If the request is approved, the notification shall include the reason for granting it, the length of the extension, and the projected new timeline.
  6. Hearing and Posthearing Procedures

    1. The Chair of the Committee on Privilege and Tenure shall appoint a Hearing Committee for each case in which disciplinary charges have been filed. The Hearing Committee must include at least three members. (Am 10 April 19)
      1. A majority of the Hearing Committee members shall be current or former members of the Committee on Privilege and Tenure, and the Chair of the Hearing Committee shall be a current member of the Committee on Privilege and Tenure. In exceptional circumstances, the Hearing Committee may include one member from another Divisional Academic Senate.
      2. The Chair of the Committee on Privilege and Tenure may not appoint a member of the department or equivalent administrative unit of any of the parties to the Hearing Committee.
      3. Hearing Committee members shall disclose to the Hearing Committee any circumstances that may interfere with their objective consideration of the case and recuse themselves as appropriate.
      4. A quorum for the conduct of the hearing shall consist of a majority of the Hearing Committee, including at least one member of the Committee on Privilege and Tenure.
    2. Within two business days after the hearing has been scheduled the Chair of the Hearing Committee shall notify the accused, the Chancellor or the Chancellor’s designee, and/or their representatives in writing of the Hearing Committee’s decisions on the following prehearing matters: (Am 10 April 19)

      1. The Hearing Committee’s initial determination of the issues to be decided at the hearing. The Chair of the Hearing Committee shall invite the parties to inform the Committee of any other issues they believe to be important. The final determination of the issues to be decided shall be made by the Hearing Committee.
      2. The deadline for the parties to determine the facts about which there is no dispute. At the hearing, these facts may be established by stipulation.
      3. The deadline for both sides to exchange a list of witnesses and copies of exhibits to be presented at the hearing. The Hearing Committee has the discretion to limit each party to those witnesses whose names are disclosed to the other party prior to the hearing and to otherwise limit evidence to that which is relevant to the issues before the Hearing Committee.
      4. Whether prehearing and post-hearing briefs will be submitted by the parties and, if so, the deadline for submitting those briefs.
      5. Whether any person other than the Chancellor, the Chancellor's designee, the accused, and their representatives, may be present during all or part of the hearing. In order to preserve the confidentiality of the hearing, persons whose presence is not essential to a determination of the facts shall, as a general rule, be excluded from the hearing.

      After the prehearing letter has been sent, the Chair of the Hearing Committee may at his or her discretion schedule a conference with the accused, the Chancellor or Chancellor’s designee, and/or their representatives, to resolve any questions concerning items (a) through (e) above. Such a conference should take place as soon as possible. The scheduling of such a conference shall not result in an extension of the hearing date.

    3. The Chancellor or Chancellor's designee, the accused, and/or their representatives shall be entitled to be present at all sessions of the Hearing Committee when evidence is being received. Each party shall have the right to be represented by counsel, to present its case by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts.
    4. The hearing need not be conducted according to the technical legal rules relating to evidence and witnesses. The Hearing Committee may, upon an appropriate showing of need by any party or on its own initiative, request files and documents under the control of the administration. All confidential information introduced into evidence shall remain so within the Hearing Committee. The Hearing Committee may call witnesses or make evidentiary requests on its own volition. The Hearing Committee also has the discretion to require that all witnesses affirm the veracity of their testimony and to permit witnesses to testify by videoconferencing. (Am 14 Jun 17)
    5. Prior discipline imposed on the same accused faculty member after a hearing or by negotiation may be admitted into evidence if the prior conduct for which the faculty member was disciplined is relevant to the acts alleged in the current disciplinary matter. Under these conditions, prior hearing reports and records of negotiated settlements are always admissible. (Am 14 Jun 17)
    6. No evidence other than that presented at the hearing shall be considered by the Hearing Committee or have weight in the proceedings, except that the Hearing Committee may take notice of any judicially noticeable facts that are commonly known. Parties present at the hearing shall be informed of matters thus noticed, and each party shall be given a reasonable opportunity to object to the Hearing Committee's notice of such matters.
    7. The Divisional Committee on Privilege and Tenure may, at its discretion, request the appointment of a qualified person or persons, designated by the Chair of the University Committee on Privilege and Tenure, to provide legal advice and/or to assist in the organization and conduct of the hearing.
    8. At the hearing, the Chancellor or Chancellor's designee has the burden of proving the allegations by clear and convincing evidence.
    9. The Hearing Committee shall not have power to recommend the imposition of a sanction more severe than that proposed in the notice of proposed disciplinary action. In determining the appropriate sanction to recommend, the Hearing Committee may choose to consider previous charges against the accused if those charges led to prior sanctions either after a disciplinary hearing or pursuant to a negotiated or mediated resolution.
    10. The Hearing Committee shall make its findings of fact, conclusions supported by a statement of reasons based on the evidence, and recommendation. These shall be forwarded to the parties in the case, the Chancellor or Chancellor’s designee, the Chair of the Divisional Committee on Privilege and Tenure, and the Chair of the University Committee on Privilege and Tenure, not more than 30 calendar days after the conclusion of the hearing. The conclusion of the hearing shall be the date of the Committee’s receipt of (a) the written transcript of the hearing; or (b) if post-hearing briefs are permitted, the post-hearing briefs from the parties in the case, whichever is later. The findings, conclusions, recommendations, and record of the proceedings shall be confidential to the extent allowed by law and UC policy. The Hearing Committee may, however, with the consent of the accused, authorize release of the findings, conclusions, and recommendations to other individuals or entities, to the extent allowed by law. (Am 10 April 19)
    11. The hearing shall be recorded. The Hearing Committee has the discretion to use a certified court reporter for this purpose, and the parties and their representatives shall have the right to a copy of the recording or transcript. The cost of the court reporter as well as other costs associated with the hearing will be borne by the administration. (Am 10 April 19)
    12. The Hearing Committee may reconsider a case if either party presents, within a reasonable time after the decision, newly discovered facts or circumstances that might significantly affect the previous decision and that were not reasonably discoverable at the time of the hearing.
  7. Relation to Prior Grievance Cases

    A disciplinary Hearing Committee shall not be bound by the recommendation of another hearing body, including the findings of the Divisional Committee on Privilege and Tenure in a grievance case involving the same set of incidents. However, the Hearing Committee may accept into evidence the findings of another hearing body or investigative agency. The weight to be accorded evidence of this nature is at the discretion of the Hearing Committee and should take account of the nature of the other forum. In any case, the accused faculty member must be given full opportunity to challenge the findings of the other body.

225. Committee on Privilege and Tenure: Early Termination Cases

[Senate Bylaw 337 (En 23 May 01)]

  1. Jurisdiction

    In cases of proposed termination of a Senate or non-Senate faculty member before the expiration of the faculty member's appointment, or in cases where a tenured faculty member faces termination for incompetent performance, or for other faculty members whose right to a hearing before a Senate committee is given by Section 103.9 or 103.10 of the Standing Orders of The Regents (Appendix I) (hereafter collectively referred to as early termination), the faculty member may request a hearing before a Divisional Privilege and Tenure Committee. The committee shall then conduct a hearing on the case to determine whether, in its judgment, the proposed early termination is for good cause and has been recommended in accordance with a procedure that does not violate the privileges of the faculty member. Resolution of the dispute, either through negotiation or mediation, is permissible and appropriate at any stage of these proceedings.

    No Senate or non-Senate faculty member may be terminated prior to the expiration of an appointment without having an opportunity for a hearing before the Divisional Privilege and Tenure Committee. If the hearing has not commenced by the end of the faculty member's term of appointment, the faculty member no longer has a right to an early termination hearing pursuant to this Bylaw. Instead, the faculty member may seek a grievance hearing by grieving the non-reappointment pursuant to Senate Bylaw 335 in the case of Senate faculty or the Academic Personnel Manual in the case of non-Senate faculty.

  2. Hearing and Post-hearing Procedures

    1. The Privilege and Tenure Committee shall appoint a Hearing Committee for each early termination case for which a hearing is requested by a faculty member. The Hearing Committee should consist of at least three Division members. At least two of the members shall be members of the Committee on Privilege and Tenure, one of whom shall chair the Hearing Committee. The committee may not appoint a member of the department or equivalent administrative unit of the faculty member facing early termination to the Hearing Committee. Hearing Committee members shall disclose to the Hearing Committee any circumstances that may interfere with their objective consideration of the case and recuse themselves as appropriate. A quorum for the conduct of the hearing shall consist of at least half but not less than three members of the Hearing Committee, including at least one member of the Committee on Privilege and Tenure
    2. Prior to the formal hearing, the Chair of the Hearing Committee shall schedule a conference with the faculty member and the Chancellor's designee, and/or their representatives. This conference should attempt to:
      1. Determine the facts about which there is no dispute. At the hearing, these facts may be established by stipulation;
      2. Define the issues to be decided by the Hearing Committee;
      3. Set a time for both sides to exchange a list of witnesses and copies of exhibits to be presented at the hearing. The Hearing Committee has the discretion to limit each party to those witnesses whose names were disclosed to the other party prior to the hearing and to otherwise limit evidence to that which is relevant to the issues before the Hearing Committee;
      4. Specify whether pre-hearing and post-hearing briefs will be submitted by the parties as well as the deadlines for those briefs;
      5. Attain agreement about whether any person other than the Chancellor, the Chancellor's designee, the faculty member, and their representatives may be present during all or part of the hearing. In order to preserve the confidentiality of the hearing, persons whose presence is not essential to a determination of the facts shall, as a general rule, be excluded from the hearing.
    3. The Chancellor's designee and the faculty member and/or their representatives shall be entitled to be present at all sessions of the Hearing Committee when evidence is being received and to select a representative who may act as counsel. Each party shall have the right to be represented by counsel, to present its case by oral and documentary evidence, to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts.
    4. The hearing need not be conducted according to the technical legal rules relating to evidence and witnesses. The Hearing Committee may, upon an appropriate showing of need by any party or on its own initiative, request files and documents under the control of the administration. All confidential information introduced into evidence, including the identity of confidential sources of personnel evaluations, shall remain so within the Hearing Committee. The Hearing Committee may call witnesses or make evidentiary requests on its own volition. The Hearing Committee also has the discretion to require that all witnesses affirm the veracity of their testimony.
    5. No evidence other than that presented at the hearing shall be considered by the Hearing Committee or have weight in the proceedings, except that the Hearing Committee may take notice of any judicially noticeable facts that are commonly known. Parties present at the hearing shall be informed of matters thus noticed, and each party shall be given a reasonable opportunity to object to the Hearing Committee's notice of such matters.
    6. The Divisional Committee on Privilege and Tenure may, at its discretion, request the appointment of a qualified person or persons, designated by the Chair of the University Committee on Privilege and Tenure, to provide legal advice and/or to assist in the organization and conduct of the hearing.
    7. At the hearing, the Chancellor's designee has the burden of proving, by clear and convincing evidence, that there is good cause for early termination. In assessing the evidence for good cause, the Hearing Committee may consider evidence regarding whether correct procedures were followed in the case.
    8. At the conclusion of the hearing, the Hearing Committee shall promptly make its findings of fact, conclusions supported by a statement of reasons based on the evidence, and recommendation, and forward these to the parties in the case, the Chancellor, the Chair of the Divisional Committee on Privilege and Tenure, and the Chair of the University Committee on Privilege and Tenure. The findings, conclusions, recommendations, and record of the proceedings shall be confidential to the extent allowed by law and UC policy. The Hearing Committee may, however, with the consent of the faculty member, authorize release of the findings, conclusions, and recommendations to other individuals or entities, to the extent allowed by law.
    9. The hearing shall be recorded. The Hearing Committee has the discretion to use a certified court reporter (whose cost is borne by the administration) for this purpose, and the parties and their representatives shall have the right to a copy of the recording or transcript. The cost of the copy shall be assumed by the requesting party.
    10. The Hearing Committee may reconsider a case if either party presents, within a reasonable time after the decision, newly discovered facts or circumstances that might significantly affect the previous decision and that were not reasonably discoverable at the time of the hearing.