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conducted promptly but no sooner than 10 calendar days after release of the investigative report.Failure to Appear:If any party fails to appear at the hearing if requested to do so, and such party was provided notice of the hearing as set forth above, then absent extenuating circumstances, the Hearing Officer or Hearing Panel will proceed to determine the resolution of the complaint. As explained below, a party%u2019s failure to appear may impact the Hearing Officer or Hearing Panel%u2019s consideration and weight given to the non-appearing party%u2019s version of events based on another source, such as the formal complaint or a prior statement. Option for Virtual or Separate Presence:Live hearings may be conducted with either all parties present in the same geographic location or, at the College%u2019s discretion, any or all parties and witnesses may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other. Either party may request not to be in the same room as the other party. If any party makes such a request, then both parties will be required to attend the hearing from a location or room different from where the HearingPanel is sitting.If the hearing is virtual, or there is a request for separate rooms at a physical location, the College will ensure that all participants are able to simultaneously see and hear the party or witness answering questions. Instructions will be provided for accessibility prior to the hearing date. Recordings: An audio or audio-visual recording will be created of the live hearing and will be made available for inspection and review at any party%u2019s request.Advisor%u2019s Role at Hearing:The complainant and respondent may be accompanied by an advisor during the hearing to determine responsibility. A party must identify his or her advisor (if any) at least 5 days prior to the hearing. The advisor may fully participate to the same extent as a party, including by (1) making an opening and closing statement, (2) presenting relevant evidence, and (3) cross-examining adverse witnesses. The advisor can be anyone, including an attorney. A party may arrange for the party%u2019s advisor of choice to attend the hearing at the party%u2019s own expense. Alternatively, the College will select and provide an advisor to assist a party at the hearing to determine responsibility, without fee or charge, upon request. In either scenario, the advisor may only participate in the hearing to the extent allowed under this policy. A party who wants an advisor to be provided by the College should notify the Title IX Coordinator at least 15 days after the filing or receipt of the formal complaint.Evidentiary Matters and Procedure:The parties, through their advisors, shall have an equal opportunity to question the opposing party and other witnesses, including fact and expert witnesses, and present other inculpatory or exculpatory evidence. Formal rules of evidence will not be observed during the hearing. The Hearing Panel will conduct the initial questioning of witnesses prior to the questioning by an advisor. The Chair of the Hearing Panel (acting alone or in consultation with other panelists) will make all determinations regarding the order of witnesses, relevancy of questions, and the evidence to be considered or excluded during the hearing and decision-making process. The Hearing Panel may, in its discretion, choose to call the Investigator for the purpose of providing an overview of the investigation and findings. Witness Examinations by the Parties: Each party%u2019s advisor is permitted to question the opposing party and the other witnesses, so long as the questions are relevant and not duplicative of the questions posed by the Hearing Panel. The questions may include challenges to credibility. No other questioning or speaking participation by an advisor will be allowed. A party may not examine a party or witness directly; rather, a party must utilize the