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Disciplinary Hearing Procedures

The complainant and respondent may each invite a representative such as an advocate, legal assistant, legal counsel, etc., to assist him/her during the proceedings. Representatives may participate in all proceedings. Either party may present any affidavits, documents, or other written evidence as to any relevant aspect of an allegation or defense asserted. Either party may present witnesses to give testimony as to any relevant aspect of the allegation or defense asserted.

While the meeting proceeds as a formal hearing, this is not a court of law and all may participate. The meeting will go forward as outlined below: The complainant will first present the complaint. The respondent will reply. The complainant may present evidence and witness testimony. The respondent or their legal council may query. The respondent may present evidence and witness testimony. The complainant may query. Committee members may interject at any point during the review to ask questions of parties or witnesses necessary to a complete understanding or clarification of the points at issue.

No allegations may be brought against a respondent who is already involved as a plaintiff or defendant in a legal proceeding involving the same incident identified in the complaint. If such action is brought after a formal complaint has been filed with the Grievance Committee, the complaint shall be dismissed without prejudice, allowing the complaint to be filed again within one year after the final disposition of the legal charges. Committee procedures may be stopped at any time if the complainant so informs the committee in writing of his/her intent to withdraw the complaint. Committee procedures and/or conference calls should require speakers to identify themselves before speaking. Considering the evidence, a minimum of three (3) committee members must be present when the review takes place and only those members present may take part in the decision of the case. Three members of the Grievance Committee shall hear a case and shall be known as the Hearing Committee. A respondent may request that more committee members hear a complaint.

The Grievance Committee Chairperson shall determine which members of the committee will be assigned to hear each case. At least two of those three members shall be certified interpreters/transliterators. Those members assigned to a given case shall appoint from among themselves a panel leader for the review. An even number of members should never hear a complaint .

The committee shall only consider evidence properly presented before it and deemed to be reliable and relevant to the proceedings. Reliability and relevance shall be weighed by each committee member with the panel leader for the review being the final arbiter in cases of serious discrepancies. Care should be taken to ensure strict confidentiality regarding the proceedings until the full appeal process has been exhausted or the appeal deadlines have passed. Caution and confidentiality may prevent future accusations of defamation or slander.

Complaints shall be dealt with in numerical order as received by the DSDHH. Multiple alleged violations against the same interpreter/transliterator will be handled simultaneously. An official record (either an audio or video tape, real time captioning disk, or hard copy) shall be made of all proceedings and will include all oral and interpreted testimony. The audio or video tape, captioning disk, and hard copy of the review, including all oral and interpreted or transliterated testimony, questions asked by committee members and answers thereto, shall become Part I of the official review record.