Common use of The Burden of Proof under the Grievance-Arbitration Process Clause in Contracts

The Burden of Proof under the Grievance-Arbitration Process. In any case of non-renewal, the burden of proof of the denial of due process, legal rights, academic freedom, arbitrary or capricious action shall be on the grievant, which proof shall be by a preponderance of evidence. In any case of dismissal under tenure, the burden of proof shall be on the University, which proof shall be by clear and convincing evidence. In any case dealing with promotion and award of tenure, the burden of proof shall be on the grievant, which proof shall be by a preponderance of evidence. The factors to be considered will be those enumerated in the Article titled Annual Review, Section 15 .6.1 insofar as they apply.

The Burden of Proof under the Grievance-Arbitration Process. In any case of non-renewal, the burden of proof of the denial of due process, legal rights, academic freedom, arbitrary or capricious action shall be on the grievant, which proof shall be by a preponderance of evidence. In any case of dismissal under tenure, the burden of proof shall be on the University, which proof shall be by clear and convincing evidence. In any case dealing with promotion and award of tenure, the burden of proof shall be on the grievant, which proof shall be by a preponderance of evidence. The factors to be considered will be those enumerated in the Article titled Annual Review, Section 15 .6.1 15.6.1 insofar as they apply.

The Burden of Proof under the Grievance-Arbitration Process. In any case of non-renewal, the burden of proof of the denial of due process, legal rights, academic freedom, arbitrary or capricious action shall be on the grievant, which proof shall be by a preponderance of evidence. In any case of dismissal under tenure, the burden of proof shall be on the University, which proof shall be by clear and convincing evidence. In any case dealing with promotion and award of tenure, the burden of proof shall be on the grievant, which proof shall be by a preponderance of evidence. The factors to be considered will be those enumerated in the Article titled Annual ReviewReview Process, Section 15 .6.1 15.6.1 insofar as they apply.