Questioning Procedures The Hearing Panel will permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow- up questions, including that challenging credibility; provided that questions that seek disclosure of information protected under a legally recognized privilege will not be permitted unless the person or entity holding the privilege has waived the privilege in writing. Questioning must be conducted by the party’s advisor in a respectful, nonintimidating and non-abusive manner, and never by a party personally. If a party does not have an advisor present at the hearing, the Title IX Coordinator will arrange for the University to provide without fee or charge to that party, an advisor of the University’s choice to conduct cross- examination on behalf of that party. Only relevant questions may be asked by a party’s advisor to a party or witness. Before the party or witness answers a question posed by an advisor, the Chair of the Hearing Panel will first determine whether the question is relevant and explain any decision to exclude a question as not relevant. The advisor posing the question may request that the Chair reconsider any decision to exclude a question and the Chair, after soliciting the other party’s advisor’s opinion, will render a final determination. Such decisions by the Chair are final and not subject to objection or reconsideration during the hearing. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, other than questions and evidence about the Complainant’s prior sexual behavior that (a) are offered to prove that someone other than the Respondent committed the alleged misconduct, or (b) concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. If a party or witness does not submit to cross-examination at the hearing by a party’s advisor as described above, the Hearing Panel
will not draw an inference as to responsibility based solely on a party’s or witness’s absence from the hearing or refusal to answer cross- examination questions. In cases where the credibility of a party or witness is not central to the determination of a particular disputed issue and the party or witness does not appear at the hearing, the Hearing Panel may determine what weight to give to their statements from the investigation report. The Hearing Panel may also consider a party’s selective participation—such as choosing to answer some but not all questions posed, or choosing to provide a statement only after reviewing the other evidence gathered in the investigation— when assessing credibility. Responsibility Determination Following conclusion of the hearing, the Hearing Panel will deliberate and render a determination by majority vote as to whether the Respondent is responsible or not responsible for the alleged violation(s). The Hearing Panel will use preponderance of the evidence as the standard of proof to determine whether each alleged violation of the Policy occurred. Preponderance of the evidence means that the Hearing Panel must determine whether, based on the evidence presented, it is more likely than not that the Respondent engaged in the conduct charged. If the Hearing Panel determines that the Respondent is responsible for one or more violations, the Complainant and Respondent will be invited by the Title IX Coordinator to submit a personal impact statement that will be provided to the Hearing Panel for consideration in determining appropriate sanctions. The Title IX Coordinator will set the time frame for the submission of personal impact statements which normally will be no less than ten (10) days. Sanctions In addition to the impact statement(s), if any are submitted, factors considered when determining sanctions may include:
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Hodges University Student Handbook
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