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 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.
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