- After the investigative report has been completed, the Title IX Coordinator will schedule a live hearing. The Title IX Coordinator will provide written notice to the Complainant and Respondent of the hearing date, time, location, and procedures. Unless otherwise approved by the Title IX Coordinator, no one may attend the hearing unless the individual is a Complainant, Respondent, witness, advisor, or University administrator or contractor who has a role in conducting the hearing.
- Live hearings may be conducted with all parties physically present in the same geographic location or, at the Decision Maker’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other. In addition, at the request of either party, the University will provide for the live hearing to occur with the parties located in separate rooms with technology enabling the Decision Maker and parties to simultaneously see and hear the party or the witness answering questions.
- If an individual who is asked to attend the hearing does not appear at the scheduled hearing, then at the discretion of the Title IX Coordinator, the hearing may be rescheduled, or may continue in the individual’s absence (in which case, at the discretion of the Title IX Coordinator, a follow-up hearing may be scheduled). In making a determination, the Title IX Coordinator will consider the importance of the individual’s participation, availability of the parties, the reason the individual did not attend, and other relevant factors.
- The live hearing will be facilitated by the Decision Maker. The Decision Maker may receive assistance from the Title IX Coordinator and the University’s legal counsel in conducting the hearing. The Decision Maker may question any party or witness, and must also permit each party's Advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party's Advisor of choice and never by a party personally. Only relevant cross-examination and other questions may be asked of a party or witness. Before a Complainant, Respondent, or witness answers a cross-examination or other question, the Decision Maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Responses provided to questions during the hearing may be used in determining responsibility.
- If a party does not have an Advisor present at the live hearing, the University will provide without fee or charge to that party, an Advisor of the University’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.
- Questions and evidence about the Complainant's sexual predisposition or prior sexual behavior are not relevant, unless:
- Such questions and evidence about the Complainant's prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or
- If the questions and evidence concern specific incidents of the Complainant's prior sexual behavior with respect to the Respondent and are offered to prove consent.
- If a party or witness does not submit to cross-examination at the live hearing, the Decision Maker must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the Decision Maker cannot draw an inference about the determination regarding responsibility based solely on a party's or witness's absence from the live hearing or refusal to answer cross-examination or other questions.
- The Decision Maker has the authority to remove any Advisor from the hearing who does not follow the University’s hearing procedures. If a party’s Advisor is removed, the University will provide an Advisor to conduct cross-examination of the other party and witnesses.
- The University will create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.
- In general, no additional investigation will be performed after a live hearing. However, if a Decision Maker determines that additional investigation should be performed, each party will be provided with an opportunity to review the additional evidence. Each party will have five Business Days to provide a written response regarding the new evidence once the new evidence is made available to the party, and the Investigator will add an addendum to the Investigator’s report, which will be shared with both parties. The Decision Maker and Title IX Coordinator will schedule an additional live hearing to address the new evidence.