civil-rights-and-sexual-misconduct-reporting-response-procedure-8-25-2021.pdf

c. Hearing Preparation

• The TIXC will give the Hearing Decision-Maker/Panel a list of the names of all parties, witnesses, and Advisors at least five (5) business days in advance of the hearing. Any Hearing Decision-Maker or Hearing Panel member who cannot make an objective determination must recuse themselves from the proceedings when notified of the identity of the parties, witnesses, and Advisors in advance of the hearing. • If a Hearing Decision-Maker or Hearing Panel member is unsure of whether a bias or conflict of interest exists, they must raise the concern to the TIXC as soon as possible. • During the ten (10) business day period prior to the hearing, the parties have the opportunity for continued review and comment on the final investigation report and available evidence. That review and comment can be shared with the Hearing Decision-Maker/Panel. d. Joint Hearings • In hearings involving more than one Respondent or in which two (2) or more Complainants have accused the same individual of substantially similar conduct, the default procedure will be to hear the allegations jointly. • However, the TIXC may permit the investigation and/or hearings pertinent to each Respondent to be conducted separately if there is a compelling reason to do so. In joint hearings, separate determinations of responsibility will be made for each Respondent with respect to each alleged policy violation. e. Hearing Procedure • The Hearing Chair explains the hearing process. This may include a final opportunity for challenge or recusal of the Hearing Decision-Maker or any member of the Hearing Panel on the basis of bias or conflict of interest. The TIXC will rule on any such challenge. • The Investigator(s) will then present a summary of the final investigation report, including items that are contested and those that are not, and will be subject to questioning by the Hearing Decision-Maker/Panel and the parties (through their Advisors). The Investigator(s) will be present during the entire hearing process, but not during deliberations. • Neither the parties nor the Hearing Decision-Maker/Panel members should ask the Investigator(s) their opinions on credibility, recommended findings, or determinations, and the Investigators,Advisors, and parties will refrain from discussion of or questions about these assessments.The Investigator will not be permitted to state their opinions regarding credibility, recommended findings, or determinations. If such information is introduced, the Hearing Chair will direct that it be disregarded. • Once the Investigator presents their report and is questioned, the parties and

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