Page 36 - Demo

services of an advisor for the purpose of posing questions to another party or witness. A party not represented by an advisor may, however, submit a list of proposed questions to the Chair of the Hearing Panel and ask that the questions be posed to the opposing party or witness. Thedecision-maker(s) cannot draw an inference about responsibility based solely on a party%u2019s or witness%u2019s absence from the live hearing or refusal to answer cross-examination or other questions. In a circumstance where a party or witness does not participate in a hearing, the panel should weigh the facts and circumstances in determining whether to consider, and what weight to assign, any statements furnished outside the hearing process.The Hearing Officer or Chair of the Hearing Panel will make determinations regarding relevancy of questions before a party or witness answers.If a determination is made to exclude the question based on relevancy, the Hearing Panel Chair will provide an explanation of why the question was deemed irrelevant and excluded.TheHearing Panel Chair may disallow the attendance of any advisor if, in the discretion of the Hearing Panel Chair, such person%u2019s presence becomes disruptive or obstructive to the hearing or otherwise warrants removal. Advisors will be not be permitted to badger or question the opposing party or any witness in an abusive or threatening manner. Absent accommodation for a disability, the parties may not be accompanied by any other individual during the hearing process except as set forth in this policy.College officials may seek advice from the College%u2019s Office of General Counsel on questions of law, policy, and procedure at any time during the process.Prior Sexual Conduct:Questions and evidence about the complainant%u2019s sexual predisposition or prior sexualbehavior are not relevant, unless such questions and evidence about the complainant%u2019s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant%u2019s prior sexual behavior with respect to the respondent and are offered to prove consent. Confidentiality and Disclosure.To comply with FERPA and Title IX and to provide an orderly process for the presentation and consideration of relevant information without undue intimidation or pressure, the grievance process is not open to the general public.Accordingly, documents prepared in anticipation of the hearing (including the formal complaint, investigative report, evidentiary materials, notices, and prehearing submissions), recordings of the hearing, and documents, testimony, or other information used at the hearing may not be disclosed outside of the hearing proceedings, except as may be required or authorized by law.Decision of the Hearing Panel and Standard of Evidence:Following the conclusion of the hearing, the Hearing Panel will confer and determine whether the evidence establishes that it is more likely than not that the respondent committed a violation of this policy. In other words, the standard of proof will be the preponderance of the evidence. This standard applies to complaints against both students and employees.In reaching the determination, the Hearing Panel will objectively and thoroughly evaluateall relevant evidence, both inculpatory and exculpatory, and reach an independent decision, without deference to the investigative report. The determination of responsibility shall be made by majority vote of the Hearing Panel.