14.3.5. Hearing Process

The Title IX Coordinator and Hearing Officer will convene a Hearing Panel and schedule the hearing at a date and time where all necessary Parties (based on the discretion of the Hearing Officer) are available. Hearings dates are typically scheduled within two weeks of notification to the Hearing Officer. However, a hearing may be scheduled further out if there are conflicts with final exams, scheduled course breaks, or for other documented good reason. The Complainant and Respondent are generally expected to be available outside of academic scheduling. The Title IX Coordinator or Hearing Officer may informally confer with the Parties to determine an available date. Once the official hearing notice is sent to the Complainant and Respondent, the Parties must confirm attendance or provide a written request within 48 hours of receipt if there is valid reason to reschedule. Upon a confirmation of attendance, the Parties will also be required to inform the Title IX Coordinator the name of their Advisor who will also be attending, or if they will elect to have a University Advisor instead. (Parties are limited to having one person join them in the hearing). The Parties will also be required to indicate which Witnesses they intend to call for the hearing at this time.

The Hearing Officer will secure a space that is appropriate, private, and provides sufficient space for the Parties to confer and the witnesses to wait. The Hearing Officer may also determine that a remote hearing through video conference is appropriate.

The Hearing Panel will typically convene prior to the start of the hearing to review the investigative report and prepare questions. All hearings will generally follow the order of business listed below. Variations may occur depending on the circumstances of an individual case.

  1. Introduction. The Hearing Officer will make introductions and explain the hearing process.
  2. Opening Statements. The Complainant may make the first opening statement. The Respondent may follow with their opening statement.
  3. Hearing Panel Questions. The Hearing Panel may ask questions of the Complainant. Thereafter, the Hearing Panel may ask questions of the Respondent.
  4. Cross Examination of the Parties. The Hearing Officer will recognize the Complainant’s Advisor to cross examine the Respondent. The Hearing Officer will recognize the Respondent’s Advisor to cross examine the Complainant.
  5. Witnesses. The Hearing Officer will determine the order of Witnesses and the order of the questioning of the Witnesses. The Hearing Panel, Complainant Advisor and Respondent’s Advisor will each have the opportunity to separately to ask any relevant question of each Witness.
  6. Hearing Panel Follow Up Questions. The Hearing Panel may ask any remaining questions of either Party.
  7. Closing Statements. The Complainant may make a closing statement. The Respondent may follow with a closing statement.
  8. Dismissal and Deliberation. The Hearing Officer will conclude the hearing and dismiss the Parties. The Hearing Panel will deliberate.