witnesses may provide relevant information in turn, beginning with the Complainant, and then in the order determined by the Hearing Chair. The parties/witnesses providing information at the hearing will be subject to questioning by the Hearing Decision-Maker/Panel and then by the parties through their Advisors ( i.e, “cross-examination”). • All questions are subject to a relevance determination by the Hearing Decision- Maker/Panel. The Advisor, who will remain seated during questioning, will pose the proposed question orally, electronically, or in writing. • The Hearing Decision-Maker/Panel may explore arguments regarding relevance with the Advisors. The Hearing Chair will explain any decision to exclude a question as not relevant, or to reframe it for relevance. The grounds for disallowing a question can be if it is irrelevant,unduly repetitious, or abusive. The Hearing Decision-Maker/Panel may consult with legal counsel on any questions of admissibility. • Parties may be prohibited from introducing new evidence or new witnesses at the hearing if either reasonably could have been shared during the investigation stage and included in the Investigative report, unless all parties consent to such admission. • • A party’s Advisor of choice may be dismissed from the hearing (or from any other process provided under this Procedure), in the sole discretion of the TIXC and/or Hearing Chair, if the Advisor refuses to comply with the College’s established rules of decorum for the hearing. If an Advisor is dismissed, the College may provide the party with a different Advisor to conduct cross-examination, or the party may choose an alternate. f. Record of Proceeding • Hearings (but not deliberations) are recorded by the College for purposes of review in the event of an appeal. The parties may not record the proceedings and no other unauthorized recordings are permitted. • The Hearing Decision-Maker/Panel, the parties, their Advisors, and appropriate administrators of the College will be permitted to listen to the recording in a controlled environment determined by the TIXC. • No person will be given or be allowed to make a copy of the recording without the permission of the TIXC. g. Deliberation and Determination • The Hearing Decision-Maker/Panel will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the violation(s) in question. If a hearing panel is used, a simple majority vote is required to determine the finding. • Any evidence that the Hearing Decision-Maker/Panel determines is relevant and credible may be considered. The Hearing Decision-Maker/Panel may not consider: 1) incidents not directly related to the possible violation, unless they evidence a pattern; 2) the character of the parties; or 3) questions and evidence
23
Made with FlippingBook Annual report maker