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Hearings

Title IX hearing procedures are divided into two tiers, depending on the type of policy violations.

Tier I hearing procedures

The hearing officer has the authority to hear and make determinations on all allegations of prohibited conduct and may also hear and make determinations on any additional alleged school policy violations that have occurred in concert with the prohibited conduct.

Participants at the hearing will include the following:

  • Hearing officer
  • Administrative facilitator
  • The investigator who conducted the investigation
  • Parties
  • Advisors to the parties
  • Any called witnesses
  • Title IX Coordinator
  • Persons providing authorized accommodations or assistive services
  • School legal counsel (in some cases)

At either party’s request, the school will provide a way for the entire hearing to be conducted with the parties in separate rooms. The parties will be able to see and hear each other in real time. Any party or witness may be allowed to participate in the hearing remotely.

The hearing officer will answer all questions of procedure. Anyone appearing at the hearing to provide information will respond to questions on their own behalf.

The hearing officer will allow witnesses who have relevant information to appear at a portion of the hearing in order to respond to specific questions from the hearing officer and the advisors and will then be excused.


Joint hearings

In hearings involving more than one respondent or in which two or more complainants have accused the same respondent of substantially similar conduct, the default procedure will be to hear the allegations jointly.

However, the Title IX Coordinator may permit the investigation and hearings pertinent to each respondent to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each respondent with respect to each alleged policy violation.


Order of the hearing

Introductions and explanation of procedure: The hearing officer explains the procedures and introduces the participants. This phase of the hearing may include a final opportunity for challenge or recusal on the basis of a new or not previously reviewed bias or conflict of interest. The hearing officer will rule on any such challenge unless the hearing officer is the individual who is the subject of the challenge, in which case the Title IX Coordinator will review and decide the challenge.

Recording, witness logistics, party logistics, curation of documents, separation of the parties, and other administrative elements of the hearing process are managed by an administrative facilitator assigned by the Title IX Coordinator.

The administrative facilitator will attend to, among other things, logistics of rooms for various parties/witnesses as they wait; the flow of parties/witnesses in and out of the hearing space; ensuring recording and/or virtual conferencing technology is working as intended; copying and distributing materials to participants, as appropriate, etc.

Investigator presents the final investigation report: The investigator will summarize the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the hearing officer and the parties (through their advisors). The investigator will be present during the entire hearing process.

Neither the parties, advisors,  nor the hearing officer may ask the investigator their opinion regarding credibility, recommended findings, or determinations.

Testimony and questioning: Once the investigator presents their report and is subjected to questions during the hearing, the parties and witnesses, if any, may provide relevant information in turn.

The testimony begins with the complainant, and then in the order determined by the hearing officer. The parties and witnesses will submit to questioning by the hearing officer and then by the parties through their advisors (“cross-examination”).

All questions are subject to a relevance determination by the hearing officer. The advisor, who will remain seated during questioning, will pose the proposed question orally, electronically, or in writing. Orally is the default, but the hearing officer may permit other means of submission upon request or as agreed to by the parties and the hearing officer. The proceeding will pause to allow the hearing officer to consider the question, and the hearing officer will then determine whether the question will be permitted, disallowed, or rephrased.

At the discretion of the hearing officer, the hearing officer may explore arguments regarding relevance with the advisors. The hearing officer will then state their decision on the question for the record and advise the party or witness to whom the question was directed, accordingly. The hearing officer will explain any decision to exclude a question as not relevant or to the request to reframe the question for relevance.

The hearing officer will limit or disallow questions that are deemed irrelevant, unduly repetitious, or abusive. The hearing officer has the final say on all questions and determinations of relevance, subject to any appeal. The hearing officer may consult with legal counsel on any questions of admissibility. The hearing officer may ask advisors to explain why a question is or is not relevant from their perspective. The hearing officer will not entertain further argument from the advisors on relevance once the hearing officer has ruled on a question.

If the parties raise an issue of bias or conflict of interest of an investigator or hearing officer at the hearing, the hearing officer may elect to address those issues, consult with legal counsel, and refer them to the Title IX Coordinator, or preserve them for appeal. If bias is not in issue at the hearing, the hearing officer will not permit irrelevant questions that probe for bias.


Refusal to submit to cross-examination and inferences

When party or witness is not available for cross-examination: If a party or witness does not submit to cross-examination at the hearing due to absence or refusal to participate in cross-examination questioning, then the hearing officer will not rely on any prior statement made by that party or witness in order to reach a final determination. The hearing officer must disregard any prior statement. Evidence provided that is something other than a statement by the party or witness may be considered.

When the witness provides partial answers: If the party or witness attends the hearing and answers only some questions, statements related to the questions they refuse to answer will not be considered.

Statements are the subject of the complaint: If the statements of the party who is absent or refusing to submit to cross-examination or refusing to attend the hearing are the subject of the complaint itself (e.g., the case is about verbal harassment or a quid pro quo offer), then those statements are not precluded from admission.

Inferences cannot be made: The hearing officer will not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.

Charges from violations of other school policies: If charges of policy violations other than sexual misconduct are considered at the same hearing, the hearing officer may:

  • Consider all evidence deemed relevant.
  • Rely on any relevant statement as long as the opportunity for cross-examination is afforded to all parties (through their advisors).
  • Draw reasonable inferences from any decision by any party or witness not to participate or respond to questions.

FAQs

What should I expect in a hearing?

The process for a hearing will be based on the type of prohibited conduct as defined by the policy.

For more information, see Policy Violations.

What is a hearing officer?

The hearing officer is the decision-maker who determines the outcome of the hearing. The hearing officer will oversee the hearing with the support of the administrative facilitator.

For more information, see Hearings.

Do I have a right to an advisor during the hearing proceedings?

The parties may each have an advisor present with them for all meetings and interviews within the resolution process if the party so chooses. The parties may select an advisor of their choice, provided the selected advisor is willing, eligible, and available.

For more information, see Advisors.

Tier II hearing procedures

Referral to a Tier II hearing

If the informal resolution or mediation process is inappropriate or unsuccessful, and/or the school or one of the parties requests a hearing, the school will conduct a review hearing.


Written statements

The complainant and respondent may provide a written response to the investigation report, as well as any additional information relevant to the case, to the hearing officer. The complainant and respondent will have the opportunity to review all materials submitted to the hearing officer.


Witnesses

At least three days before the hearing, the complainant and respondent may identify witnesses to provide testimony at the hearing. The Title IX Coordinator must be notified of the witnesses’ names and their relevance to the case. If the Title IX Coordinator determines that the witnesses have no direct relevance to the case’s facts, the witnesses may be disallowed.

Hearing date notice

The complainant and respondent will have a minimum of five days advance notice of the scheduled hearing date. The notice period may be shortened or extended in emergency circumstances or with agreement of all parties and subject to school breaks.


Participants

Hearings are closed proceedings. Participants who may be present during the hearing include:

  • Hearing officer
  • Complainant (with advisor only when the respondent is not present)
  • Respondent (with advisor only when the complainant is not present)
  • Witnesses (only when called by hearing officer)
  • Investigator
  • Hearing facilitator
  • Title IX Coordinator (may be present to observe and/or answer policy-related or hearing process questions from the hearing officer)
  • Subject matter experts (In some cases, the school may provide SMEs to the hearing officer. These experts will not speak to individual cases. Their role is to provide expert information in response to queries from the hearing officer.)
  • School legal counsel or designee, if requested by the hearing officer

If all parties agree, respondent and complainant may be present at the same time.


Order of proceedings

At all times, the hearing officer will ask all questions. The review hearing will generally proceed in the following order:

  1. Investigator introduces the investigation report.
  2. Hearing officer directs questions to the investigator.
  3. Complainant questions directed to the investigator.
  4. Respondent questions directed to the investigator.
  5. Complainant statement.
  6. Hearing officer questions directed to the complainant.
  7. Respondent questions directed to the complainant.
  8. Respondent statement.
  9. Hearing officer questions directed to the respondent.
  10. Complainant questions directed to the respondent.
  11. Witness statements.
  12. Hearing officer questions directed to the witnesses.
  13. Complainant questions directed to witnesses.
  14. Respondent questions directed to witnesses.
  15. Final questions directed to the complainant and respondent.
  16. Complainant closing statement.
  17. Respondent closing statement.
  18. Deliberations closed by the hearing officer.

The complainant and respondent may submit questions to the hearing officer in writing. The hearing officer has the discretion to revise the questions submitted. The hearing officer may also reject questions for lack of relevance. The hearing officer may determine the relevance of, restrict, or exclude any witnesses or information presented. If questions are revised or rejected, the hearing officer will document the reasoning for the decision in writing at the time of the hearing.

Attendance: If the complainant or respondent cannot attend the hearing, alternative means for participation will be identified.

Typically, the complainant and respondent are not in the hearing room simultaneously, although this may be waived if both parties agree. The complainant and respondent, along with their advisors, when not before the hearing officer, will be able to listen to the proceedings via speakerphone or other appropriate means (e.g., closed-circuit TV, livestreaming).


FAQs

What should I expect in a hearing?

The process for a hearing will be based on the type of prohibited conduct as defined by the policy.

For more information, see Policy Violations.

What is a hearing officer?

The hearing officer is the decision-maker who determines the outcome of the hearing. The hearing officer will oversee the hearing with the support of the administrative facilitator.

For more information, see Hearings.

Do I have a right to an advisor during the hearing proceedings?

The parties may each have an advisor present with them for all meetings and interviews within the resolution process if the party so chooses. The parties may select an advisor of their choice, provided the selected advisor is willing, eligible, and available.

For more information, see Advisors.