4.4.8.7 : The Hearing Process

Convening and Appointment of Hearing Officer

At the conclusion of the Investigating Officer’s investigation, the Title IX Coordinator or Deputy Coordinator will convene a hearing officer who has received proper training consistent with this policy. In keeping with federal Title IX policy, the Title IX Coordinator or the Investigator assigned to investigate the complaint shall not be assigned as the initial hearing officer. 

Notice of Appointment of Hearing Officer

After the Hearing Officer is appointed, a written notice will be promptly transmitted to the parties notifying them of the hearing officer’s appointment; setting a deadline for the parties to submit any written response to the investigation report; setting a date and time for the hearing; and providing a copy of the University’s Hearing Procedures.

Written Response to Investigation Report

A party’s written response to the investigation report must include:

• To the extent the party disagrees with the investigation report, any argument or commentary regarding such disagreement;
• Any argument that evidence should be categorically excluded from consideration at the hearing based on privilege, relevancy, undue prejudice, the prohibition on the use of sexual history, or for any other reason;
• A list of any witnesses that the party contends should be compelled to attend the hearing pursuant to an attendance notice issued by the hearing officer;
• A list of any witnesses that the party intends to bring to the hearing without an attendance notice issued by the hearing officer;
• Any objection that the party has to the University’s Hearing Procedures;
• Any request that the parties be separated physically during the hearing;
• Any other accommodations that the party seeks with respect to the hearing.
• The name and contact information of the advisor who will accompany the party at the hearing; and
• If the party does not have an advisor who will accompany the party at the hearing, a request that the University provide an advisor for purposes of conducting questioning.

A party’s written response to the investigation report may also include:

• Argument regarding whether any of the allegations in the formal complaint are supported by a clear and convincing standard of the evidence; and
• Argument regarding whether any of the allegations in the formal complaint constitute Sexual Harassment.

Notices of Attendance

The Hearing Officer or designee will transmit notices of attendance to any University employee (including administrator, faculty, or staff) or student whose attendance is required at the hearing as a witness. The notice will advise the subject of their duty to appear for the hearing at the specified date and time and advise the subject to contact the Hearing Officer immediately if there is a material and unavoidable conflict.

The subject of an attendance notice should notify any manager, faculty member, coach, or other supervisor, as necessary, if attendance at the hearing will conflict with job duties, classes, or other obligations. All such managers, faculty members, coaches, and other supervisors are required to excuse the subject of the obligation, or provide some other accommodation, so that the subject may attend the hearing as specified in the notice.

The failure to abide by a notice of attendance is a violation of this policy.

The University has no authority to compel the attendance of any witness who is not an employee or a student, and a notice of attendance will not be issued to any such individual.

Convening Live Hearing

The Hearing Officer will convene and conduct a live hearing pursuant to the University’s Hearing Procedures. The Hearing Officer will permit each party’s support person/advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those bearing on credibility. The Hearing Officer will determine the relevance of questions and explain in real time any decision not to permit a question.

Cross-Examination

Cross-examination will be conducted directly, orally and in real time by the party’s support person/advisor of choice and never by a party personally. At either party’s request, the University will provide the parties with separate rooms and use technology so the decision-maker and parties may simultaneously see and hear the questions.

If a party or witness refuses to submit to cross-examination, then Hearing Officer shall ignore that person’s statement and reach a decision based on the remaining body of relevant evidence. The Hearing Officer, will not, however, draw an adverse inference based on the mere fact that an individual refused to submit to cross-examination.

There will be an audio recording of the hearing that will be made available to the parties equally for inspection and review.