Five of these were alleged to have injured
two faculty members. It emphasized that testimony indicated that there
were no performance problems with Diana. ". . .testimony from both sides
established that she was highly regarded by her students, was very dependable
and a hard worker."
It noted that while expert witnesses, the document examiners
and the university attorney, were used to testify against Diana,
she was not allowed an attorney to conduct a competent cross examination.
Stating that even though supportive documents were not presented
at the hearing, "the committee accepted testimonial evidence
on the contents of them," it concluded that ". . .this represented
the most serious deprivation of fundamental fairness that occurred.
Any concept of a fair administrative hearing, even one conducted
without regard to strict rules of evidence, could not include
the admission of testimonial evidence of the contents of documents
which were available only to the party presenting the evidence."
Commenting on the dissatisfaction of the committee with the
testimony of the first document examiner, the LOD stated that,
"Rather than reject the testimony and find Trenchant innocent,
the committee continued the hearing and hired another document examiner.
Pages:
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295