General Requirement of the Hearing Process

If the Formal Complaint is not dismissed or resolved by informal resolution, then the Formal Complaint will proceed to a live hearing. Title IX Sexual Misconduct hearings will be conducted in accordance with the procedure set forth in the regulation.

For Title IX and student Non-Title IX Sexual Misconduct Hearings, a live hearing may be conducted with all parties physically present in the same geographic location or, at the university's discretion, any or all parties, Witnesses, and other participants may appear at the hearing virtually, with technology enabling participants to simultaneously see and hear each other. At the request of either party, the live hearing may occur with the parties located in separate rooms; however, technology enabling the hearing panel, Hearing Officer, parties, and Witnesses to simultaneously see and hear the party or the Witness answering questions must be used.

For Title IX Sexual Misconduct Hearings, the university will appoint a three-member hearing panel. The Title IX Hearing Officer will be one of the three members of the hearing panel and will serve as the hearing panel's chair. The hearing panel will be the decision-maker that objectively evaluates all relevant evidence and renders a determination regarding responsibility after the hearing.

The Title IX Hearing Officer will oversee and conduct the hearing and chair the hearing panel. When the independent Hearing Officer is a licensed attorney, the Hearing Officer will provide confidential legal advice to the hearing panel when the panel is deliberating the determination regarding responsibility and drafting the written determination regarding responsibility. In Non-Title IX Sexual Misconduct Hearings, the university will appoint a three-member Hearing Panel, with one member serving as the Hearing Chairperson.

All parties, Witnesses, and other participants in a hearing must be physically or virtually present in a manner where all participants can simultaneously see and hear each other. In Title IX Sexual Misconduct Hearings, each Complainant and Respondent shall have an Advisor present at the hearing to conduct cross-examination, and each is entitled to select an Advisor of their choice. In Non-Title IX Sexual Misconduct Hearings, each Complainant and Respondent may have an Advisor present, and the role of the Advisor will be limited to advising only and will not be allowed to actively participate in the Hearing.

Hearing Procedure

The Title IX Hearing Officer or Panel Chairperson will set the rules of order and decorum and agenda for the hearing and will direct and oversee the hearing in accordance with this regulation and the rules of order and decorum. The hearing shall be no more than four (4) hours in length, unless the Hearing Officer determines that exceptional circumstances exist justifying a longer hearing.

The university will create a record of the live hearing and make it available to the parties for inspection and review upon request. The hearing panel's deliberations are not part of the live hearing and therefore will not be part of the record.

Each party will have an opportunity to introduce evidence to the hearing panel. Only evidence (including but not limited to documents, media, Witnesses, and other tangible evidence) provided by the parties to the Investigator during the pre-hearing investigation, and/or identified or included in the Investigative Report may be presented, introduced, or used at the hearing.

Any new evidence identified after completion of the Investigative Report that a party intends to present, introduce, or use at the hearing must be provided to the Title IX Coordinator at least five (5) days prior to the hearing and to the other party at least three (3) days prior to the hearing.

Direct examination may be conducted by the Hearing Officer, Chairperson or the Hearing Panel. In Title IX Sexual Misconduct Hearings, all cross-examination must be conducted directly, orally, and in real time by the party's Advisor of choice and never by a party personally. In Non-Title IX Sexual Misconduct Hearings, Complainants and Respondents will be permitted to question statements and evidence presented by other parties. Only relevant cross-examination and other questions, including those challenging credibility, may be asked of a party or Witness. Before a participant answers a cross-examination or other question, the Hearing Officer or Chairperson must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.