Live Hearing

1. General Rules

a. The University will not issue a disciplinary sanction arising from a Formal Complaint without holding a Live Hearing, unless the matter is otherwise resolved through an informal resolution, which includes the sanction(s).

b. The Live Hearing may be conducted with the Parties and witnesses physically present in the same geographic location. Alternatively, at the discretion of the Title IX Coordinator, or by request of any Party, the Parties, witnesses and other participants may appear at the Live Hearing virtually through an appropriate remote video conference that permits participants simultaneously to see and hear each other. 

c. Live Hearings will be audio recorded, and the recording will be made available to the Parties within a reasonable time following the completion of the Live Hearing. 

d. The Hearing Officer may delay or adjourn a hearing based on technological problems outside of either Party’s control. The Title IX Coordinator will notify the Parties of the next Live Hearing Date, and will endeavor to accommodate all participants’ schedules to promptly complete the Live Hearing. 

e. The Hearing Officer may determine that completion of the Live Hearing requires multiple sessions, or that the remainder of a Live Hearing will occur at a later date. The Title IX Coordinator will notify the Parties of the next Live Hearing Date, and will endeavor to accommodate all participants’ schedules to promptly complete the Live Hearing. 

f. A Party or witness may decline to attend and/or participate in the Live Hearing. 

g. No Party may waive the right to a Live Hearing. 

h. Prior to the commencement of any cross examination, the Decision-Maker will provide the Parties with an opportunity to raise any concerns about bias or conflict of interest of the Title IX Coordinator, Investigator or Decision-Maker. A Party who fails to state a concern about bias or conflict of interest will be deemed to have waived that concern, including on appeal. 

2. Participants in the Live Hearing and Impact of a Party’s Non-Participation 

a. Only the following individuals are permitted to attend and participate in the Live Hearing: 

i. The Decision-Maker; the Complainant; the Respondent; one Advisor of Choice for each Party; and witnesses, as determined by the Investigator in the Investigation Report. 

ii. The Title IX Coordinator and/or the Investigator may attend the Live Hearing to advise the Decision-Maker on questions about the evidence or of relevance and other matters. 

iii. The Decision-Maker may invite other appropriate administrators to observe the Live Hearing for training purposes or other good reasons to be shared with the participants in the Live Hearing. 

b. The Decision-Maker may proceed with the Live Hearing in the absence of a Party, and may reach a determination of responsibility in the Party’s absence. No inference regarding responsibility for a policy violation may be drawn from a Party’s lack of participation or refusal to answer questions during the Live Hearing. 

c. The Decision-Maker will not rely on any statements of a Party who declines to participate in the Live Hearing, including cross examination. Nonetheless, the Decision-Maker may reach a determination regarding responsibility based on other available evidence. 

3. The Decision-Maker

a. The Chief Student Affairs Officer or designee shall serve as the Decision-Maker and Hearing Officer for Live Hearings held pursuant to this Title IX Grievance Procedure. 

b. The Decision-Maker will not have served as the Title IX Coordinator, Investigator or Advisor to any Party identified in the Formal Complaint, or played a role in the emergency removal of a Party involved in the matter. 

c. The Decision-Maker is responsible for taking necessary action to maintain a Live Hearing environment that is respectful to all participants. 

4. The Role of the Advisor of Choice in the Hearing

a. During the Live Hearing, a Party’s cross examination of another Party must be conducted by the first Party’s Advisor of Choice, and not the Party. 

b. A Party who attends a Live Hearing without an Advisor will be assigned an Advisor by the Decision-Maker to conduct any cross examination of the other Party. 

c. If a Party does not attend the Live Hearing, the absent Party’s Advisor of Choice may appear and conduct cross-examination on the Party’s behalf. 

d. If neither a Party nor their Advisor appears at the hearing, the Decision-Maker or the Title IX Coordinator will assign an Advisor to appear on behalf of the absent Party to conduct cross examination of the other Party or witnesses. 

5. Witnesses

a. Witnesses cannot be compelled to participate in the Live Hearing. 

b. If a witness does not submit to cross-examination at the Live Hearing, the Decision-Maker cannot rely on any statements made by that witness in reaching a determination regarding responsibility. 

6. Order of Hearing 

The Live Hearing will proceed in this order:

a. The Decision-Maker will begin the Live Hearing by establishing rules and expectations for hearing participants. 

b. The Parties will each be given the opportunity to make an opening statement. 

c. The Decision-Maker will question the Parties and Witnesses about the evidence set out in the Investigation Report. 

d. In an order determined the Decision-Maker, the Parties, through their Advisors, may cross-examine any other Party or Witness. During any cross-examination, the Decision-Maker may interject with follow up questions. 

7. Live Cross-Examination Procedure

a. Each Party’s Advisor will conduct live cross-examination of the other Party or Parties and witnesses. The Advisor may ask relevant questions and follow-up questions, including those challenging credibility. 

b. Before the Party or witness being questioned responds to any cross-examination question, the Decision-Maker will determine if the question is relevant. Cross examination questions that are duplicative of questions previously asked and answered at the Live Hearing, may be deemed irrelevant. 

c. A Party or the Party’s Advisor may choose not to cross-examine a Party or Witness. The Decision-Maker is responsible for making sure the record of the Live Hearing evidences this waiver. A Party’s waiver of cross-examination does not prevent the Decision-Maker from using statements made by the Party or Witness in the determination of responsibility. 

8. Witnesses Who Lack First Hand Knowledge of the Events Alleged in the Formal Complaint 

a. Except where prohibited by the Title IX Final Rule, a Party may offer at the Live Hearing the testimony of a witness who does not possess first-hand knowledge of the facts. The Decision Maker will give information that a witness heard or learned from another person, indirectly, lower weight than information provided by a witness with first-hand, direct knowledge of the matter. 

b. Parties are permitted to present “expert witnesses” for direct and cross examination at the Live Hearing. Notwithstanding that expert witnesses may be presented at the Live Hearing, the Decision-Maker will give information provided by experts less weight relative to the statements of witnesses with direct knowledge about the events alleged in the Formal Complaint. 

c. Parties may present character witnesses at the Live Hearing. Notwithstanding that character witnesses may provide information at the Live Hearing, the Decision Maker will give information provided by character witnesses very low weight relative to the to the statements of witnesses with direct knowledge about the events alleged in the Formal Complaint. 

d. Parties may provide information about the results of polygraph tests (“lie detector tests”) and other procedures uncommon in academic and non-academic conduct processes. The Decision-Maker will give low weight to such information relative to the statements of witnesses with direct knowledge about the events alleged in the Formal Complaint. 

9. Evidence of Retaliation

Parties may provide information at the Live Hearing that another Party or witness has engaged in or threatened retaliation related to the Formal Complaint. The Decision-Maker may draw from this information an adverse inference as to the credibility of the Party or witness who engaged in such conduct.