4.1 A quorum for any hearing before the Committee shall consist of at least 5 voting members, or any lesser number if that is agreed to by the appellant and the Faculty.
4.2 A member of the Committee shall not take part in an appeal where to do so would involve the member of the Committee in a conflict of interest (e.g., conflict of duty).
4.3 At the hearing, subject to the rulings of the Committee, the following order should be followed:
- The appellant may make an opening statement;
- The appellant may call and examine such witnesses as the appellant sees fit;
- The Faculty may cross-examine any of the witnesses called by the appellant, including, where appropriate, the appellant;
- Committee members may question any of the witnesses called by the appellant, including, where appropriate, the appellant;
- The Faculty may make such opening statement as it sees fit;
- The Faculty may call and examine such witnesses as it sees fit;
- The appellant may cross-examine any of the Faculty's witnesses, including, where appropriate, the Faculty;
- Committee members may question any of the Faculty's witnesses, including, where appropriate, the Faculty;
- The appellant may make a closing statement;
- The Faculty may make a closing statement; and
- The appellant may respond to any matters arising out of the Faculty's statement to which the appellant has not yet spoken.
4.4 The Committee may request that it be provided with further information other than that supplied initially by the appellant or the Faculty. Without limiting this general power if, after a hearing, the Committee is of the opinion that it requires further information in order to reach a decision it may either ask that that information be supplied at a further hearing or, without a hearing, it may ask that the information be supplied to it in writing. In the latter case both the appellant and the Faculty must be given the opportunity of commenting on the information so supplied, before the Committee reaches a final decision.
- In the event that any one of the parties, without prior approval of an adjournment, fails to appear within thirty (30) minutes of the scheduled hearing date and time, the Committee may proceed without the party who has failed to appear, based on its written submissions and documentation, and based on the submissions, documentation, witnesses and examination/questioning of the party and/or witnesses who did appear for the scheduled hearing. Once the Committee has started to proceed without the part who has failed to appear, that person shall not be permitted to participate in the hearing if he or she subsequently appears.
- Taking into account the particular circumstances of the case, if the appellant fails to appear within thirty (30) minutes of the hearing date and time, the Committee may dismiss the appeal without further consideration of the evidence.
- If there are documented reasons for a party's failure to appear that are substantial and emergent, then that party may make an application to the Chair for the Committee to reconsider its decision at the next available opportunity. The Chair shall exercise his or her discretion in determining whether or not the Committee shall reconsider its decision.