Hearing Moderator: The Title IX Coordinator (or designee) may designate an administrator to act as a hearing moderator to be present at a hearing to control the hearing and ensure the hearing follows procedural guidelines. The moderator will be impartial and has no interest or input in the outcome of the hearing.
Persons Participating: Typically, the Complainant and Responding Party, their respective advisors, the University’s counsel, the Board members and a moderator are the only individuals present at the hearing. The Complainant and Responding Party may have an advisor of their choice present at the hearing and any related meetings. Advisors are not permitted to address the Board, examine witnesses or otherwise directly participate in the hearing on behalf of either party. The University may remove or dismiss advisors who become disruptive or who do not abide by the restrictions on their participation. See definition of advisor on page 5 for more information.
Should either the Complainant or Responding Party fail to appear at the scheduled hearing, the Board Chair may postpone the proceedings or the Board may proceed and determine the report on the basis of the evidence presented, provided the absent party was duly notified in advance of the scheduled hearing date as outlined above. The Complainant and Responding Party are not required to be present at the hearing. However, the exercise of that right does not preclude the Board from proceeding and determining responsibility on the basis of the facts and circumstances presented. If requested, the University will make arrangements such that the Complainant and Responding Party are not present in the same room at the same time as part of the hearing.
Recording: The Board Chair will arrange for the hearing to be audio-recorded.
Conduct of the Hearing: The hearing before the Board will not follow a courtroom model. The Board Chair will determine the order of the witnesses and resolve any questions of procedure arising during the hearing. Absent extraordinary circumstances, the Investigator will not testify at the hearing unless approved by the Board Chair upon finding that the Investigator may have material information that cannot otherwise be provided to the Board. The Complainant and Responding Party will not be expected to repeat undisputed details or non-material circumstances that would merely duplicate the written materials. The Board, in its discretion, may seek to have other persons speak at the hearing. Only the Board Chair and the Board may question the Complainant, Responding Party, and any witnesses. However, the Complainant and Responding Party may ask the Board Chair to pose additional questions or inquire further into specific matters by submitting these requests in writing. If necessary, a brief recess may be granted to allow the Complainant and Responding Party an opportunity to prepare and submit such requests. The Board Chair is empowered to disallow any questions that are irrelevant or redundant. After all witnesses have been questioned, the Complainant and Responding Party may make a closing statement and request a short recess to prepare their statement(s). If the Board determines that unresolved issues exist that would be clarified by the presentation of additional evidence, the Board Chair may recess the Board hearing and reconvene it for the presentation of additional evidence in a timely manner. A recess may not be based on the failure of witnesses to appear without good cause or on the proposed introduction of documents or other evidence that should have been presented at the pre-hearing meeting(s).
Impact Statement: During the hearing, the Complainant may present the Board with a statement recommending a sanction (“Impact Statement”). The Responding Party will be provided an opportunity to respond to the Impact Statement. The Board is not bound by these statements in determining responsibility or the sanction. Witnesses other than the parties normally are not permitted at the Impact Statement phase of the hearing; however, the Board Chair reserves the sole discretion to authorize the presence of other persons.