XXI Witness Participation

Witnesses are encouraged to participate in, and make themselves reasonably available for, the hearing. They may participate in-person or via video technology that allows the Decision-maker and the Parties to see and hear the witness while that person is speaking. Witnesses are not permitted to be accompanied by an Advisor without the Senior Director of Student Experience and Title IX Coordinator’s express permission At the discretion of the Decision-maker, a witness may participate by phone if no other reasonable alternative is available.

 

The Senior Director of Student Experience and Title IX Coordinator will notify all witnesses of their requested participation in the hearing at least five (5) business days prior to the hearing. Witnesses will be present for the hearing only during their testimony.

 

If any party or witness does not appear at the scheduled hearing, the hearing may be held in their absence. For compelling reasons, the Senior Director of Student Experience and Title IX Coordinator may reschedule the hearing.

 

Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s), unless:

  • All Parties and the Decision-maker assent to the new witness’s participation in the hearing without remanding the Formal Complaint back to the Investigator,
  • The Decision-maker deems the evidence presented by the new witness to be relevant and not information already established in the record, and
  • The witness’s late involvement was not the result of bad faith by the witness, the Parties, or others.

If the above criteria are not met, but the witness’s evidence is deemed relevant and not duplicative, the Decision-maker may, at their discretion, engage in any of the following actions:

  • Delay the hearing
  • Provide the Parties with at least five (5) business days to review the relevant portions of the new witness’s statements, if such statements are submitted
  • Remand the Formal Complaint back to the Investigator for further investigation or verification
  • Allow the Parties to review and comment on the testimony of the new witness

If the evidence is deemed not relevant, the Decision-maker may proceed with the hearing absent the new witness’s participation.