RESOLUTION REGARDING
PROFESSOR HAWK'S SEPTEMBER 26, 2013 WRITTEN SUBMISSION
WHEREAS, the Board of Trustees of New Jersey Institute of Technology (the
"Board") served a Notice of Special Meeting for September 26, 2013 at 10:00 a.m. to
discuss legal and personnel matters regarding the Hearing Officer's Recommended
Findings of Fact and Conclusions of Law in a Detenuring Process;
WHEREAS, on September 20, 2013, the Board, through its Special Counsel,
notified David L. Hawk and counsel for NJIT of Professor Hawk's right to elect for
public discussion of this matter pursuant to the Open Public Meetings Act;
WHEREAS, by email dated September 21, 2013, Professor Hawk elected in
writing that the matter be addressed and voted upon in a public session;
WHEREAS, on September 26, 2013, the Board convened and Professor Hawk
was provided an opportunity for public discussion in accordance with the Procedures for
Public Participation at Board of Trustee Meetings;
WHEREAS, Professor Hawk spoke for three minutes in accordance with Board
procedures, but also submitted a supplemental submission consisting of a five-page
written statement, a two-page affidavit and eight pages of what appear to be portions of
the transcript from the hearing;
WHEREAS, the parties previously submitted exceptions to the Hearing Officer's
Report, replies to those exceptions and written argument;
WHEREAS, the Administrative Procedures Act does not permit supplemental
submissions;
BE IT RESOLVED, that the Board shall not consider Professor Hawk's
submission of September 26, 2013 and will only entertain his verbal statement at the
September 26, 2013 Special Meeting.
September 26, 2013
Board Resolution 2014-11