What will happen?
- The Chair, after any necessary consultation with the parties, Investigator(s) and/or Title IX Coordinator, will provide the names of persons who will be participating in the hearing, all pertinent documentary evidence, and the final investigation report to the parties at least ten (10) college-business days prior to the hearing.
- Any witness scheduled to participate in the hearing must have been first interviewed by the Investigator(s) or have proffered a written statement or answered written questions, unless all parties and the Chair assent to the witness’s participation in the hearing. The same holds for any evidence that is first offered at the hearing. If the parties and Chair do not assent to the admission of evidence newly offered at the hearing, the Chair will delay the hearing and instruct that the investigation needs to be re-opened to consider that evidence.
- The parties will be given a list of the names of the Decision-maker(s) at least five (5) college-business days in advance of the hearing. All objections to any Decision-maker must be raised in writing, detailing the rationale for the objection, and must be submitted to the Title IX Coordinator as soon as possible and no later than one day prior to the hearing. Decision-makers will only be removed if the Title IX Coordinator concludes that their bias or conflict of interest precludes an impartial hearing of the allegation(s).
- The Title IX Coordinator will give the Decision-maker(s) a list of the names of all parties, witnesses, and Advisors at least five (5) college-business days in advance of the hearing. Any Decision-maker 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 Decision-maker is unsure of whether a bias or conflict of interest exists, they must raise the concern to the Title IX Coordinator as soon as possible.
- During the ten (10) college-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 Chair at the pre-hearing meeting or at the hearing and will be exchanged between each party by the Chair.
- Have you received all pertinent documentary evidence, including the final investigative report?
- If you elect to do so, have you met with the Title IX Coordinator to review the procedures for the hearing?
- Do you have an Advisor to accompany you at the hearing? Your Advisor will conduct the cross-examination of the other party and witnesses.
- Have all of the witnesses you plan on having participate in the hearing been interviewed as part of the investigative process? If not, they cannot participate in the hearing.
- Does all of the evidence you want to present at the hearing already been reviewed by the investigators and the other party? If not, you cannot present this evidence at the hearing.
- Have you provided your comments on the final investigation report at least ten (10) days before the hearing? If you have not, you cannot provide comments.
- Do you know the date, time, and location of the hearing?
- Thoroughness and fairness are the primary foci of any Title IX hearing process. Hearings are generally scheduled for two (2) hours, but can be extended, as needed at the discretion of the Decision-maker, to ensure that both parties are able to present the information relevant to their position. (e.g., complicated fact pattern, numerous witnesses, etc.).
If you have the need to inquire about the questions above, please contact your NPC’s Title IX Coordinator.