examination. The Respondent shall then be given the opportunity to present such testimony and offer such other evidence as deemed relevant to the Respondent's defense against the formal complaint. Subsequent to Respondent testimony, the Complainant advisor may conduct cross-examination. The Decision Maker(s) may question the Respondent after the cross- examination. The Respondent may call witnesses to provide testimony as deemed appropriate to the formal complaint. The Complainant advisor may conduct cross-examination of the witnesses. The Decision Maker(s) may question the witnesses after the cross- examination. Only relevant cross-examination and other questions may be asked of a party or witness. During cross-examination, the advisor will pose each question orally to the Hearing Decision Maker(s). The Hearing Decision Maker (or Primary Decision Maker) will determine if the Complainant, Respondent, or witnesses may respond to the question. If the Hearing Decision Maker (or Primary Decision Maker) determines that the question is not relevant, the Hearing Decision Maker(s) (or Primary Decision Maker) will explain the rationale for dismissing the question. Rape shield protection is provided for Complainants which deems irrelevant questions and evidence about a Complainant’s prior sexual behavior unless offered to prove that someone other than the Respondent committed the alleged misconduct or if the questions and evidence concern specific incidents of Complainant 's prior sexual behavior with respect to the Respondent and offered to prove consent. Decision makers cannot draw an inference about the determination regarding responsibility based solely on a party or witness's absence from the live hearing or refusal to answer cross-examination or other
questions.
Upon conclusion of the presentation of the evidence and cross-examinations, the Hearing Decision Marker (or Primary Decision Maker) shall read the appeal process and closing statements. The Complainant, Respondent, their respective advisors and all witnesses shall be dismissed. The Hearing Decision Maker(s) will deliberate to determine if the Respondent is deemed responsible and submit a written hearing report which contains: identification of the allegations potentially constituting sexual harassment; a description of the procedural steps taken from the receipt of the formal complaint through determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held; findings of fact supporting the determination; conclusions regarding the application of the College's code of conduct to the facts; a statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the College imposes on the respondent, and whether remedies designed to restore or preserve equal access to the College's education program or activity will be provided by the College to the complainant; and the College's procedures and permissible bases for the complainant and respondent to appeal. The Hearing Decision Maker (or Primary Decision Maker) will submit the hearing report to the Title IX Coordinator within ten (10) business days of the live hearing. The Title IX Coordinator will submit the hearing report simultaneously to the Complainant,
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2022-23 College Catalog and Student Handbook
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