• 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 about the Complainant’s sexual predisposition or prior sexual behavior, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. • When there is a finding of responsibility on one or more of the allegations, the Hearing Decision-Maker/Panel may then consider any previously submitted party impact statements in determining appropriate sanction(s). • The TIXC will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The Hearing Decision- Maker/Panel may, at their discretion, consider the statement(s) but they are not binding.
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