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Hearing
At the conclusion of the investigation, the Investigator will send a copy of the evidence that is directly related to the allegations in the Formal Complaint to the parties and their advisors for inspection and review. The parties will then have ten (10) days in order to submit a written response to the evidence, if they choose to do so. The Investigator will consider any written response to the evidence before the completion of the investigative report. The Investigator will make all evidence that is directly related to the allegations available at the grievance hearing.
The Investigator will prepare an investigative report that fairly summarizes all the relevant evidence. The investigative report should include a description of all steps taken in the investigation as well as summaries of all interviews with parties and/or witnesses and all relevant evidence reviewed by the Investigator.
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The Investigator will send a copy of the report to the parties and their advisors at least ten (10) days prior to any hearing for the parties’ review and written response.
Hearing
After the conclusion of the investigation, a live hearing before a Decision Maker will be held. The University may designate an outside decision maker to conduct the hearing and issue a final decision. The decision maker will issue notice of the hearing to the parties, including the date, time, and location of the hearing. This notice will be provided at least three (3) business days before the hearing. The hearing will be held pursuant to the University’s Rules of Hearing Procedure and Decorum.
At the request of either party, the hearing will be held with the parties in separate rooms or locations, with the parties and decision maker able to simultaneously see and hear each other through technology. Whether the hearing is conducted virtually or in person, it will be recorded.
The Investigator will make all evidence that is directly related to the allegations available at the grievance hearing. All parties may refer to such evidence and may use it in cross examination. The Investigator will provide a copy of the investigative report and all evidence that is relevant to the allegations in the formal complaint to the [hearing decision maker]. However, the [hearing decision maker] may not defer to the investigative report, and must objectively evaluate all relevant evidence and independently reach a determination regarding responsibility.
The Investigator, Complainant, and Respondent all have the ability to testify and call witnesses at the hearing, and to provide evidence to the decision maker. The decision maker will have the opportunity to ask questions of all parties and witnesses during the hearing. After the decision maker asks their questions, each party’s advisor will have the opportunity to ask all relevant and follow up questions of the other party and all witnesses during cross examination. No party shall be questioned directly by the other party. Advisors must abide by the Rules of Procedure and Decorum in questioning parties and witnesses. Any advisor who does not abide by the Rules of Procedure and Decorum will be warned or dismissed from the hearing at the discretion of the decision maker.
The decision maker cannot 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 during the hearing, including cross examination. The decision maker cannot rely on any statement by a party or witness who does not submit to cross-examination during the course of the hearing in reaching a determination on responsibility.
