Id. When Grievant inadvertently called Brandice Bragg while at the Magistrate Court, Ms. Bragg heard Magistrate Kuhl ask and Grievant provide the name and employer of the mandatory reporter. Immediately, Ms. Bragg excitedly asked Ms. Elkins if she had heard. Though she did not discern the name, Ms. Elkins corroborated Ms. Bragg's surprise and corresponding statements. As a supervisor and seasoned CPS worker, Ms. Bragg's shock and immediate reaction was genuine, having no time to consciously fabricate a story.

Grievant denies that Magistrate Kuhl asked for or that she gave the name of the reporter. In support, Grievant offered an email from Magistrate Kuhl in which he stated that he did not recall asking Grievant for the name of the reporter or Grievant providing the name of the reporter. Unfortunately, Grievant was confident the singular email from Magistrate Kuhl was sufficient proof that she did not disclose the name of the reporter. Assumedly, for that reason, Grievant did not subpoena Magistrate Kuhl to appear as her witness and be subject to cross-examination.

Magistrate Kuhl's email is hearsay. "Hearsay includes any statement made outside the present proceeding which is offered as evidence of the truth of the matter asserted." BLACK'S LAW DICTIONARY 722 (6th ed. 1990). "Hearsay evidence is generally admissible in grievance proceedings. The issue is one of weight rather than admissibility. This reflects a legislative recognition that the parties in grievance proceedings, particularly grievants and their representatives, are generally not lawyers and are not familiar with the technical rules of evidence or with formal legal proceedings." Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997). The Grievance Board has applied the following factors in assessing hearsay testimony: 1) the availability of persons with