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Nature of Procedures and Proceedings

  1. The procedures and proceedings described herein are not judicial.

  2. Formal rules of evidence do not apply. A decision maker may consider any relevant evidence it determines would be helpful in making a decision in a particular matter before it, including "hearsay," and will give such evidence the weight deemed appropriate under the circumstances.

  3. Deviation from these procedures will not invalidate a decision or proceeding unless it causes significant prejudice to the resident, which the resident must bring to the attention of the Department Head immediately upon belief that such prejudice occurred.

  4. In determining whether a deviation caused significant prejudice, the Department Head will consider whether the course of the proceedings would have been substantially different had the deviation not occurred. The Department Head also will determine whether the resident gave adequate notice of the allegedly prejudicial event to have taken appropriate and timely action.

 

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