MAY 2023.RULES & REGS

above shall be treated as a revocable election not to attend the Grievance Committee hearing.

(c) Representation. If the Member chooses to attend the Grievance Committee hearing, the Member may be represented by counsel or by such other representative as the Member may designate, who may speak on the Member’s behalf. No more than two representatives shall be permitted to speak for the Member. Any Member wishing to be represented by counsel or another representative at the Grievance Committee hearing shall deliver written notice of such intent to Senior Management, indicating the identity of the representatives, and such notice must be received no less than five (5) days before the hearing. (d) Witnesses. The Committee may call witnesses to appear at the hearing. The accused Member may also call up to five witnesses to appear at the hearing. The Chair or the Vice Chair will determine in good faith which witnesses are selected to appear. Each witness will appear separately before the Committee and may be questioned only by members of the Committee. The accused Member and the Member’s representatives may not be present for the testimony or questioning of any witness. If a person with relevant information about the grievance is unwilling to appear to testify, the Chair may meet separately with such person and report back to the Committee with the substance of such person’s input. If requested by the accused Member, at the conclusion of the testimony by witnesses other than the accused Mem ber or the Member’s representatives, the Chair will provide the Member with an oral summary of the key aspects of the earlier testimony and of written or other materials presented. The summary need not include the identity of the witness or others who provided information. The hearing will not be conducted in accordance with the rules of evidence. (e) Consideration of Evidence; Decision. The Grievance Committee will weigh the evidence presented to it in the manner it deems appropriate. After considering the evidence, the vote of a majority of the members of the Committee participating in the hearing that it was more likely than not that a violation was committed will be required to find a violation by the accused Member and to recommend disciplinary action to the Board. Disciplinary actions may include fines, suspensions and any other sanctions to the extent permitted by Florida law. (f) Notice of Grievance Committee Decision. Senior Management will notify the Member of the outcome of the Grievance Committee hearing, including, if any, the recommendation to the Board of Governors of any disciplinary action. 4. Consideration by Board; Imposition of Disciplinary Action. The Board of Governors may, but is not required to, consider the recommendation of the Grievance Committee. If the Board considers the recommendation, the Chair

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