hearing date must provide the Complainant, Respondent, and their respective advisors with no less than ten (10) business days to review the final investigative report and all supporting evidence. The hearing must be a live, recorded hearing with the opportunity for both advisors to conduct cross-examinations. The hearing shall be recorded by either a court reporter or an audio or video tape or by other electronic recording medium. In addition, all items offered into evidence by the parties, whether admitted into evidence or not, shall be marked and preserved as part of the hearing record. Upon request, the Complainant and Respondent may participate in the hearing via on-campus video conferencing provided that all parties, including the Decision Maker(s), are able to see and hear the party or witness answering questions in real-time. The Hearing Decision Maker(s), Complainant, Respondent, and their respective advisors will attend the hearing. The Title IX investigator, Title IX Coordinator and witnesses will be called to provide testimony if requested by the Hearing Decision Maker(s), parties or their respective advisors. If a party does not have an advisor present at the live hearing, the College shall provide without fee or charge to that party, an advisor of the College's choice, who may be, but is not required to be an attorney. Neither party may dismiss a College appointed advisor.
Review of potential hearing outcomes and sanctions by Hearing Decision Maker (or Primary Decision Maker) Complainant Testimony Cross-examination of Complainant by Respondent advisor Testimony of Witnesses of Complainant Cross-examination of Complainant Witnesses by Respondent advisor Respondent Testimony Cross-examination of Respondent by Complainant advisor Witnesses of Respondent Testimonies Cross-examination of Respondent Witnesses by Complainant advisor Decision Maker inquiries Review of appeal process by Hearing Decision Maker (or Primary Decision Maker) Closing statement by Hearing Decision Maker (or Primary Decision Maker) Dismissal of parties Decision Maker deliberations At the hearing, the Hearing Decision Maker (or Primary Decision Maker) shall read the hearing procedures, notice of allegations, formal complaint, potential hearing outcomes, and potential sanctions. After the Hearing Decision Maker (or Primary Decision Maker) concludes opening statements, the Complainant shall have the opportunity to present such oral testimony and offer such other supporting evidence as deemed relevant to the formal complaint. Subsequent to Complainant testimony, the Respondent advisor may conduct cross-examination. The Decision Maker(s) may question the Complainant after the cross-examination. The Complainant may call witnesses to provide testimony as deemed appropriate to the formal complaint. The Respondent advisor may conduct cross-examination of the witnesses. The Decision Maker(s) may question the witnesses after the cross-
The hearing process will consist of:
Opening statement by Hearing Decision Maker (or Primary Decision Maker) Review of hearing procedures, formal complaint and notice of allegations by Hearing Decision Maker (or Primary Decision Maker)
305
www.lbwcc.edu
2022-23 College Catalog and Student Handbook
Made with FlippingBook - professional solution for displaying marketing and sales documents online