of the First Read results. Letters will be sent to parties advising themof the results of the First Read. When charges are dismissed, the letter will advise the parties of the reason for the dismissal.4.
Affidavit of Service
will be prepared by a Disciplinary Program staff member todocument mailing of the charges to the Respondent and hearing notices to all parties.The affidavit will include language that it and any attached documents are kept as a business record per CPLR 4518.5.
The Plea Form shall contain the caption for the matter and the number assigned to the matter. The Plea Form shall provide a clear direction to the accused thats/he may plead either guilty or not guilty to the charge and indicate his choice bychecking an appropriate box on the form, signing the form, writing his UBC ID number on the form and returning it by first class mail, registered mail, or email to the DoO at theaddress indicated on the form. The Plea Form will include notice that a plea of guilty
will become part of the pleading member’s union file.
It will further notify the member that a plea of guilty by mail is final and may not be withdrawn. Failure to return the formwill be considered a plea of not guilty.6.
: When charges are withdrawn before the First Read or Trial as a result of parties agreeing to settle the matter, the Charging Party will sign theFirst Read/Trial Summary sheet indicating that s/he has withdrawn the charges.7.
Notification of Trial Date Letter
containing the following information/notices will besent to all parties:
Notice to both parties to bring all witnesses and 10 copies of documentary evidence.
Notice that the Charging Party (the actual signatory on the Charge Form) must appear or the case will be dismissed.
Notice that the Respondent will be tried in absentia if s/he fails to appear.
Notice that if parties settle a matter before the hearing they must notify \ aDisciplinary Program staff member about the result.
anguage explaining the Respondent’s opportunity to plead guilty by mail
, includingan explanation that where there is a guilty plea by mail, the TP will only decide penalty
and that a guilty plea will remain in the member’s permanent record
. For IGOcases, Respondents will be directed to contact the IGO if they wish to resolve charges by settlement without a hearing.
Includes information that, upon written request of either party, the DoO will notifymembers that they are requested to appear as witnesses at trial, but that a member cannot be compelled to attend as a witness.
Cautions parties that if audio/video/electronic evidence is to be used, the party mustmake copies that can be admitted into evidence and kept by the Panel, whether byDVD, CD, flash drive etc. Requires the party to notify the DoO 48 hours in advanceof the hearing date so appropriate equipment can be obtained and set up for the proceeding. Warns the party that if this is not done in advance, the evidence may not be admitted.