Officer. A vacancy on the Hearing Panel may be filled if necessary, by a temporary member selected by the Dean, provided that the temporary member be a member of the same class as the disqualified member. In the event that the Hearing Officer must disqualify himself/herself from involvement with the case, the Dean shall select a member of the faculty to serve as a temporary Hearing Officer. 4) Continuance. The Hearing Officer may continue or adjourn the hearing without prejudice if essential evidence is unavailable, or for other good cause shown. 5) Discovery. Upon written demand by either the prosecutor or the respondent, he or she shall be provided a list of his witnesses and copies of any documentary evidence. The list may be amended up to but not later than twenty-four hours before the date and time of the hearing on the merits. Once the list is provided, no person may testify and no documentary evidence may be received into evidence unless the name or exhibit appears on the list, or the party seeking to admit the evidence can show good cause for its exclusion on the list provided to the opposing party. The prosecution shall disclose to the respondent any evidence known to him or her that tends to exonerate the respondent or mitigate the degree of culpability. 6) Adjudication by consent.
•
a) Discipline by consent is an admission to one or more of the charges agreed to by the prosecutor and the respondent. The agreement must be in writing and approved by the Associate Dean and at least four (4) members of the Investigators Committee. The writing must contain the charge specifications, an admission of the conduct signed by the respondent, the sanction to be imposed, and any factors in aggravation or mitigation as determined by the prosecutor, who shall, along with the Chief Investigator, sign the agreement on behalf of the Investigators Committee.
•
b) The agreement must be submitted to the Hearing Officer, who shall promptly convene a pre-hearing conference to determine whether the Hearing Panel will accept the agreement and impose the stated discipline. The respondent (and lay advocate, if any) and the prosecutor shall attend the prehearing conference. After reviewing the proposal and the sanction
-33-