Upon receipt of the Notice of Appeal, the Chairperson shall distribute a copy of the formal appeal to the Committee members. The Chairperson shall establish the hearing date. In addition, the Appeals Committee shall conduct its own independent investigation with regard to the action being challenged. Medical Center records and documents relevant to the case shall be made available to the Committee on request, subject to legal restraints or applicable pledges of confidentiality. The Committee may call additional witnesses the Committee believes have relevant testimony to offer.
Testimony is under oath or affirmation before a certified court reporter.
Testimony may be received telephonically, subject to the convenience of the Committee members. The Parties may be excluded when the Committee meets in executive session. If the faculty member elects to have an attorney present, the party allegedly responsible for the complained of action may also be accompanied by an attorney. The attorneys for the Parties may confer and advise their clients upon adjournment of the proceedings at reasonable intervals to be determined by the Chairman, but may not question witnesses, introduce evidence, make objections or present argument during the hearing. However, the right to have an attorney present can be denied, discontinued, altered, or modified if the Committee finds that such is necessary to ensure its ability to properly conduct the hearing.