A hearing may be convened at the discretion of the Title IX Coordinator. In determining whether a hearing should be convened, the Title IX Coordinator may consider the following factors:
- The seriousness of the allegation(s).
- Whether the allegation(s) involve violence, injury, or the use of a weapon.
- Whether there are multiple complaints.
- Whether the accused has been found responsible for prior incidents of Sexual Misconduct.
- Any other special circumstances as determined by the Title IX Coordinator.
If a hearing is determined to be required, the School will provide written notification to the complainant and respondent of the hearing date and procedures. The hearing will be held within fourteen (14) calendar days after the Title IX Coordinator determines the necessity for a hearing, unless the School determines that additional time is required.
The Hearing Panel is a fact-finding committee comprised of individuals trained or experienced in Sexual Misconduct. Depending on the complexity of the issues, a hearing panel may have one to three (1-3) panelists. The individuals who serve as panelists will be selected by the Title IX Coordinator, or other designated official.
The Hearing Panel will have for its review, the initial complaint, the respondent’s response and any cross-complaints, all witness statements written or recorded, and any evidence preserved for the hearing.
A preponderance of the evidence standard will be used to determine whether this Policy has been violated. For the VAWA Complaints, except Sexual Assault, a clear and convincing evidence standard will be used to determine whether the School’s policies have been violated.
The complainant and respondent have the following rights:
- The opportunity to speak on one’s own behalf.
- The opportunity to be accompanied by a non-attorney Advisor or support person, with advanced notice to the Title IX Coordinator.
- The opportunity to present witnesses who can speak about the alleged conduct at issue.
- The opportunity to present other evidence on one’s own behalf.
- The opportunity to have a non-attorney Advisor or support person or a member of the hearing panel cross-examine an adverse witness.
- The right to submit questions to the non-attorney Advisor or support person or a member of the hearing panel to be used in questioning or cross-examining an adverse witness.
- The opportunity to attend the entire hearing or other proceeding, except for the deliberation phase.
- The right to be informed of the outcome of the hearing or other proceeding.
- The opportunity to appeal the outcome of the hearing or other proceeding.
The hearing is closed to all persons except for the complainant and respondent, one non-attorney Advisor, any witnesses while they are testifying, any staff required by the hearing panel, and any other person deemed appropriate or necessary by the Title IX Coordinator or the hearing panel. The Advisor cannot be a witness in the proceeding.
After the conclusion of the investigation or hearing, the School will provide written notification to the complainant and the respondent involved of the outcome (i.e., whether a violation of this Policy has occurred) within fourteen (14) calendar days after the conclusion of any hearing or proceeding, unless the School determines that additional time is required. This notice shall be issued contemporaneously to both parties to the extent practicable. The School also may disclose to the complainant information about any sanctions or corrective actions taken that relate directly to the complainant (e.g., a No Contact Order and any other notice required under Title IX). Neither the complainant nor respondent will be prohibited from disclosing the outcome of an investigation or hearing. The School will maintain documentation of all hearings or other proceedings.