. Written Notice of Hearing: The Title IX Coordinator and the Investigator will provide written notification of the date, time, location, participants, allegations and purpose of the hearing, to all parties and witnesses whose participation is invited or expected within 10 days of the hearing to provide sufficient time to prepare to participate. . Decision-maker: If the respondent is a student, the Dean of Students will serve as the decision-maker for the hearing if the respondent is an employee, the Human Resources Manager will serve as the decision- maker. The role of the decision-maker will be to oversee the resolution of the complaint by interviewing all appropriate parties, including witnesses, determining the relevance of all questions posed under cross- examination, evaluating the relevance of all evidence submitted and rendering a decision of responsibility. . Hearing Format: The live hearing will be conducted in a manner so that all parties can see and hear testimony at all times. During the hearing, the parties may be in separate rooms (at the request of either party) or the hearing (in-part or in-whole) may be conducted virtually as long as there is appropriate technology to allow for the parties, their advisors, and the decision-maker to see and hear testimony at all times. The hearing will be recorded or transcribed, and a copy of the recording/transcription will be provided to both the complainant and respondent for review. . Rules for Questioning Parties and Witnesses: Only the advisors for the parties or the decision-maker may question the testifying parties and witnesses, but the advisors must be allowed to question each testifying person directly, orally, and in real time. All questioning must be conducted in a professional and polite manner. Questioners may only ask relevant questions. Before the party or witness answers a question, the decision-maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence 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’s prior sexual behavior with respect to the respondent and are offered to prove consent. The decision-maker may not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege. . Impact of Testimony: If a party or witness does not submit to cross-examination at the live hearing, the decision-maker must not rely on any statement of that party or witness in reaching a determination regarding responsibility (including a statement made to the investigator during the investigation). The decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions. . Standard of Evidence: The decision-maker will use the preponderance of evidence standard in determining responsibility for formal complaints involving students or employees, which means the decisionmaker must determine whether there is evidence to indicate a policy violation is more than 50% likely. . Determination Regarding Responsibility: After the hearing, the decision-maker will issue a written determination regarding responsibility applying the preponderance of the evidence standard which will be provide simultaneously to the complainant and respondent. The written determination will include: (1) a list of the allegations potentially constituting sexual harassment; (2) a description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; (3) findings of fact supporting the determination; (4) conclusions regarding the application of the Bible Institute’s policies or codes of conduct to the facts; (5) a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility; (6) any disciplinary sanctions imposed on the respondent; (7) any remedies designed to restore or preserve equal access to the Bible Institute’s education
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