Following the conclusion of the investigation, a hearing will be scheduled. The purpose of a hearing is for the Decision Maker(s) to determine whether the alleged conduct occurred, and if so, whether that conduct violates this policy. Each Party shall be provided with a Notice of Hearing, which shall include:
- Information regarding the date of the hearing;
- The identity of the Decision Maker(s);
- The process to be used at the hearing;
- Deadlines for submission of optional comments to the final investigation report/evidence file;
- The process for identifying witnesses;
- The process to submit questions to be asked by the Decision Maker(s) at the hearing; and
- Instructions for scheduling an optional pre-hearing meeting with the Title IX Coordinator.
The hearing shall be scheduled no less than seven business days from the date of the Notice of Hearing and the parties will be provided at least seven business days to review the final investigation report and evidence file prior to the hearing.
No Decision Maker(s) shall have a conflict of interest or bias. Each party will be provided the opportunity to object to the Decision Maker(s) on the basis of a demonstrated bias or actual conflict of interest. Any objections to the Decision Maker(s) must be made in writing to the Title IX Coordinator, identifying the bias or actual conflict of interest, within three business days of receipt of the Notice of Hearing. Should the Title IX Coordinator determine that there is an actual bias or conflict of interest, the Title IX Coordinator shall remove the Decision Maker(s) and appoint another. This process will repeat for any newly appointed Decision Makers.
a. Hearing Procedures
All individuals who participate in the hearing process are expected to do so truthfully, and all who have a responsibility for carrying out one or more aspects of the hearing process are expected to do so fairly and without prejudice or bias. Hearings may be conducted with all Parties physically present in the same location or, at the Title IX Coordinator’s discretion, any or all Parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling the Hearing Panel and the parties to simultaneously see and hear any party or witness providing information or answering questions. If either Party so requests, the hearing will be conducted with the Parties located in separate rooms using technology as described in the preceding sentence.
The Institute will appoint the Decision Maker(s), who may be a single Decision Maker or three-member Hearing Panel, who will determine whether a violation of this Policy has occurred. The Decision-Maker/Hearing Panel members may be members of the campus community or may be external to the College, as determined by the Title IX Coordinator. If compelling circumstances arise that require a change in the hearing date or time, the Title IX Coordinator will provide the Parties with written notice explaining the reason for such change. Typically, an advisor’s or witness’s inability to attend a hearing will not be a compelling reason to change the hearing date or time.
Parties and student witnesses are not obligated to participate in the live hearing, however, the Institute may require witnesses that are Institute employees to participate in the hearing process. The Title IX Coordinator may determine that the hearing will continue in the absence of any party or any witness. If a party or witness does not submit to some or all questioning at the hearing that are requested to be asked by a Party, the Decision Maker(s) may choose to place less or no weight upon statements by the Party or witness. The Decision Maker(s) shall not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer questions posed.
Each hearing shall be recorded by the College, either via an audio recording or transcript, and this recording will be considered the only official recording of the hearing. No other individual is permitted to record while the hearing is taking place. The recording is the property of the College. That recording or transcript will be made available to the Parties, upon request, for inspection and review. Prior to obtaining access to the recording or transcript, the parties and their advisors must acknowledge in writing that they will not disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the grievance process.
Witness Participation
The Parties will have the right to identify and request witnesses participate in the hearing. Witnesses participating in the hearing must have information relevant to the allegations. Parties who wish to call witnesses must submit the name of the witness to the Title IX Coordinator within three business days upon receipt of the Notice of Hearing to the Title IX Coordinator. Only witnesses who participated in the investigation will be permitted to participate in the hearing. The list of witnesses requested by the Parties will be shared with the Decision Maker(s). The Decision Maker(s) will then determine whether the witness has relevant information and if there is sufficient justification for permitting the witness to participate. The Decision Maker(s) may instead send the case back to the Investigator to interview the newly proffered witness prior to the hearing taking place. A list of witnesses approved by the Decision Maker(s) will be provided to the parties at least three business days prior to the hearing.
Hearing Decorum Guidelines
The Decision Maker(s) shall have the authority to maintain order and decorum at the hearing. The Decision Maker(s) or Title IX Coordinator will have the authority when necessary to adjourn the hearing or exclude from the meeting, process, or hearing an involved party and/or Advisors who do not comply with the expectations of decorum.
- Parties and advisors will refer to other Parties, witnesses, advisors, and institutional staff using the name and gender used by the person and shall not intentionally mis-name or mis-gender that person in communication or questioning.
- No party may act abusively or disrespectfully during the hearing toward any other Party or to witnesses, advisors, Decision Maker(s), or any other hearing participant.
- The parties may not ask repetitive questions. This includes questions that have already been asked by the Decision Maker(s) or the party (through the Decision Maker).
- The Institute has the discretion to remove, with or without prior warning, from any meeting or proceeding a Party, witness, or advisor who does not comply with the College’s rules of decorum;
The Decision Maker(s) has the authority to determine the relevance of evidence submitted and of questions asked; and to determine whether any questions are abusive, intimidating, or disrespectful, and will not permit such questions. The Decision Maker(s) will determine when reasonable breaks are permitted and the duration of each break. Parties are permitted to request breaks during the hearing.
Newly Discovered Evidence
As a general rule, no new evidence or witnesses may be submitted during the live hearing. If a Party identifies new evidence or witnesses that were not reasonably available during the investigation and could affect the outcome of the matter, the party may request that such evidence or witnesses be considered at the live hearing. The Decision Maker(s) will consider this request and make a determination regarding: whether such evidence or witness testimony was unavailable by reasonable effort prior to the hearing, and whether such evidence or witness testimony could affect the outcome of the matter. The Party offering the newly discovered evidence or witness has the burden of establishing these questions by the preponderance of the evidence.
Role of the Advisor
Each Party is entitled to be accompanied by one advisor at the hearing. The role of the advisor is to assist the party with understanding and navigating the proceedings. The advisor may not advocate for, respond for, or otherwise speak on behalf of, a Party during the hearing. In the event that a party does not appear for the hearing, the advisor for that Party may not participate in the hearing or submit questions to be asked on behalf of the Party.
Hearing Statements, Questioning, and Presentation of Evidence
Formal rules of evidence will not apply. Except as otherwise expressly prohibited by this Policy, any information that the Decision Maker(s) determines is relevant and not impermissible may be considered during the hearing. During the hearing, each Party will be permitted to provide a brief introductory statement. Following introductory statements, the Decision Maker(s) will call parties and witnesses for questioning and will limit such questions to relevant and not impermissible questions and follow-up questions, including those challenging credibility. The order of questioning shall be determined by the Decision Maker(s). The Decision Maker(s) will pose questions to the Parties and witnesses, including the questions the Decision Maker(s) approved to be asked that were submitted by each Party prior to the hearing. Each Party will then be provided an opportunity to submit additional follow-up written questions to the Decision Maker(s) that the Party wants asked of the other Party or any witness. If the Decision Maker(s) determines that any questions are not relevant to the allegations, or seek otherwise impermissible evidence, the Decision Maker(s) shall exclude the question and explain the reason for the exclusion of the question at the hearing and offer an opportunity to the party to reframe or resubmit the question. Questions that are unclear or harassing of the party or witness being questioned will not be permitted. If the Decision Maker(s) determines that a question submitted by a Party is unclear or harassing, the Decision Maker(s) will allow for the question to be clarified or revised. If the question is sufficiently clarified or revised so that it is no longer unclear or harassing, the question will be asked. The Decision Maker(s) will pose all submitted questions deemed relevant and not impermissible, including those challenging credibility to the extent credibility is both disputed and relevant to evaluating one or more allegations under this Policy. Such decisions by the Decision Maker(s) are final and not subject to objection or reconsideration during the hearing.
The Parties are not permitted to conduct direct questioning of the other Party or witnesses during the hearing. Only the Decision Maker(s) is permitted to ask questions of Parties and witnesses. Advisors are not permitted to directly or indirectly question the other Party or witness. Following the questioning of Parties and witnesses, each Party will be permitted to provide a closing statement. An advisor is not permitted to provide a closing statement on behalf of their Party.
b. Impact Statements
In any case where a student is a Respondent or Complainant, the Parties may each submit a written impact statement prior to the conclusion of the resolution process. The impact statement is not evidence and will be reviewed only after a determination of responsibility is reached. Impact statements must be submitted to the Title IX Coordinator no more than two business days after the hearing concludes. Impact statements will be provided to the Decision Maker(s) while they are deliberating on appropriate sanctions. The impact statement may be up to three pages single spaced. The Title IX Coordinator will provide the impact statements to the Parties for review. The Parties may not respond to any submitted impact statements. The Title IX Coordinator will provide any submitted impact statements to the Decision Maker(s), only if there is a finding of responsibility, and only once the Decision Maker(s) is deliberating on appropriate sanctions.
c. Hearing Outcome
The Decision Maker(s) will issue a written determination regarding responsibility using the preponderance of the evidence standard. In reaching this decision, all relevant, not otherwise impermissible evidence must be objectively evaluated, and credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness.
If the Decision Maker(s) concludes that the Respondent is responsible for a violation of this Policy, then the Decision Maker(s) shall receive the Respondent’s disciplinary record (i.e., any previous disciplinary action or other violation of College Policy, including this Policy, for which the Respondent was found responsible), and the Party’s impact statements to consider, as appropriate, in determining sanctions. The disciplinary sanction(s) for a violation of this Policy will be based on a consideration of all of the circumstances, including but not limited to, the nature and severity of the conduct, the Respondent’s disciplinary history, and any other information deemed relevant by the Decision Maker(s).
Within five business days of the conclusion of the hearing process, the Decision Maker(s) will issue a written determination regarding responsibility to the Title IX Coordinator.
The written determination will include:
- A description of the alleged Prohibited Conduct;
- A reference to the policies and procedures used to evaluate the allegations;
- Description of all procedural steps taken to date;
- The Decision Maker(s)’s evaluation of the relevant and not otherwise impermissible evidence along with the finding of facts;
- Determinations for each allegation, with the rationale;
- Sanction determination (if applicable);
- Whether remedies will be provided;
- The procedures for an appeal; and
- When the determination becomes final.
The written determination will be provided to the parties simultaneously. The Title IX Coordinator is responsible for effective implementation of any remedies. The Institute must wait to act on the determination regarding responsibility, including implementing disciplinary sanctions or remedies, until the determination becomes final. The determination regarding responsibility becomes final either on the date that the Institute provides the parties with the written determination of the result of the appeal, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely. Both Parties have the right to choose whether to disclose or discuss the outcome of the formal resolution process.
