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XIV Live Hearing Requirements

The following provisions apply to a live hearing:

  • Hearing Venue Options and Recordings. The live hearing may occur in person or via video technology. The Decision-maker and Parties must be able to simultaneously see and hear a party or witness while that person is speaking. Both options are considered fair and equitable. Alternative arrangements may also be made at the Senior Director of Student Experience and Title IX Coordinator’s discretion.
    • The Parties may make a request to the Senior Director of Student Experience and Title IX Coordinator that the hearing be held in person or via video technology, but they must do so at least three (3) business days prior to the hearing. The Senior Director of Student Experience and Title IX Coordinator retains discretion to determine whether the hearing will occur in person or via video technology.
    • All hearings will be recorded, and Parties may request a copy of the recording from the Senior Director of Student Experience and Title IX Coordinator following the live hearing.
    • No unauthorized recordings are permitted.
  • Scheduling. Hearings for possible violations that occur near or after the end of an academic term (assuming the Respondent is still subject to the Policy) and are unable to be resolved prior to the end of term will typically be held immediately after the end of the term, including during the summer, as needed, to meet the University’s resolution timeline and ensure a prompt resolution. Employees, including Parties and witnesses, who do not have 12-month contracts are still expected to participate in Formal Grievance Processes that occur during months between contracts.
  • Hearing Participants. Persons who may be present for a hearing include the Decision-maker, hearing facilitator, Investigator(s), the Parties and their Advisors, anyone providing authorized accommodations, interpretation, and/or assistive services, and anyone else deemed necessary by the Decision-maker. Witnesses are present only during their portion of the testimony.
  • Advisors. The Parties may have the assistance of an Advisor of their choice at the hearing or can request that the University appoint a trained Advisor for them. Appointed Advisors are not attorneys. If a party wishes to have an attorney as their Advisor, they must locate and pay for that attorney themselves.
    • During the pre-hearing meeting and live hearing, Parties may only be accompanied by their Advisor. No other persons (e.g., additional support persons, advisors, friends, family) may accompany, attend, or listen in on the hearing unless explicitly authorized by the Senior Director of Student Experience and Title IX Coordinator, with each party being provided the same opportunity.
    • Parties and Advisors are permitted to have their phones and a laptop or tablet, but these should only be used during the hearing in a matter consistent with the Policy.
    • During the hearing, all questions that a party wishes to ask must be posed by the Advisor, not the Parties.
    • If the party does not have an Advisor, the Senior Director of Student Experience and Title IX Coordinator will provide the party with an Advisor for the purpose of Advisor-conducted questioning.
  • Impact Statements. Each party may submit an impact and/or mitigation statement to the Senior Director of Student Experience and Title IX Coordinator that the Decision-maker will review during any sanction determination.
    • Upon receipt of an impact and/or mitigation statement, the Senior Director of Student Experience and Title IX Coordinator will review the impact/mitigation statement to determine whether any immediate needs exist.
    • The Senior Director of Student Experience and Title IX Coordinator will only provide the impact statements to the Decision-maker if the Decision-maker determines that the Policy has been violated. When the Senior Director of Student Experience and Title IX Coordinator shares the impact statements with the Decision-maker, they will also be shared with the Parties.
  • Disability Accommodations and Other Assistance. Parties should contact the Senior Director of Student Experience and Title IX Coordinator at least three (3) business days prior to the hearing to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing, if possible.
  • Conflicts of Interest or Bias. The Decision-maker must not have a bias for or against Complainants or Respondents generally or the individual Complainant or Respondent involved in the Formal Complaint.
    • The Decision-maker must recuse themselves if such bias or conflict of interest exists.
    • If the Decision-maker believes there is possible conflict of interest or bias, they will consult with the Senior Director of Student Experience and Title IX Coordinator about possible recusal or removal.
    • The Parties may raise challenges that the Decision-maker is biased or has a conflict of interest. The Parties must raise challenges with the Senior Director of Student Experience and Title IX Coordinator within two (2) business days of receiving the hearing notice.
    • The Senior Director of Student Experience and Title IX Coordinator will only remove and replace a Decision-maker in situations of demonstrated bias or conflicts of interest. Perceptions of bias or conflict are not sufficient to cause removal.
    • If a Decision-maker recuses themselves as the result of a conflict of interest or bias, or is removed, the Senior Director of Student Experience and Title IX Coordinator will promptly appoint a new Decision-maker who does not have a conflict of interest or bias and notify the Parties accordingly.
  • Evidence Provided to Decision-maker and Parties.
    • The Decision-maker will be provided electronic copies of the Final Investigation Report and all relevant but not impermissible evidence, including the names of all Parties, witnesses, and Advisors, at least ten (10) business days in advance of the hearing.
    • The Parties will be provided with electronic copies of all the materials provided to the Decision-maker as part of the hearing notice, unless those materials have already been provided.