Hearing Procedures for Complaints of Sexual Harassment

• Provost and Vice Chancellor Respondents: Office of the Chancellor
• Vice Provosts, Deans, and Faculty Respondents: Office of the Provost 
• Student Respondents: Office of the Vice Provost for Student Affairs
• Staff and Other Respondents: Human Resources

• The Complainant has provided the Title IX Coordinator written notice that the Complainant wishes to withdraw the Formal Complaint or any discrete allegations therein (in which case those discrete allegations may be dismissed);
• The Respondent is no longer enrolled or employed by the University, as the case may be; or
• Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint, or any discrete allegations therein (in which case those discrete allegations may be dismissed). 

In the event the Hearing Chair determines that a Formal Complaint should be dismissed pursuant to this section, the Hearing Chair will provide written notice of dismissal to the parties and advise them of their right to appeal as specified herein. The Hearing Chair may refer the dismissed allegations for resolution by other University offices, as appropriate.

• To the extent the party disagrees with the investigation report, any argument or commentary regarding such disagreement;
• Any evidence that a party did not have a reasonable opportunity to provide during the Office of Civil Rights & Title IX investigation or that the party believes was improperly excluded by the Office of Civil Rights & Title IX;
• Any argument that evidence should be categorically excluded from consideration at the hearing based on privilege, relevancy, the prohibition on the use of sexual history specified herein, or for any other reason;
• A list of any witnesses that the party contends should be called to attend the hearing pursuant to an attendance notice issued by the Administrative Officer;
• A list of any witnesses that the party intends to bring to the hearing without an attendance notice issued by the Hearing Chair; 
• Any request that the parties be separated physically during the pre-hearing conference and/or hearing;
• Any other accommodations that the party seeks with respect to the prehearing conference and/or hearing;
• The name and contact information of the Advisor who will accompany the party at the pre-hearing conference and hearing;
• If the party does not have an Advisor who will accompany the party at the hearing, a request that the University provide an Advisor for purposes of assisting the party in preparing for the hearing and conducting questioning at the hearing.

• Argument regarding whether any of the allegations in the Formal Complaint are supported by a preponderance of the evidence; and
• Argument regarding whether any of the allegations in the Formal Complaint constitute Sexual Harassment.

• A party’s records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party; or
• Information or records protected from disclosure by any other legally recognized privilege, such as the attorney client privilege.

• Identification of the allegations potentially constituting Sexual Harassment made in the Formal Complaint;
• A description of the procedural steps taken by the University upon receipt of the Formal Complaint, through issuance of the written decision, including notification to the parties, interviews with the parties and witnesses, site visits, methods used to gather non-testimonial evidence, and the date, location, and people who were present at or presented testimony at the hearing;
• Articulate findings of fact, made under a preponderance of the evidence standard, that support the determination;
• A statement of, and rationale for, each allegation that constitutes a separate potential incident of Sexual Harassment, including a determination regarding responsibility for each separate potential incident;
• The discipline determined by the appropriate University administrator and any ongoing support measures or other remedies as determined by the Title IX Coordinator; and
• A description of the University’s process and grounds for appeal, as specified herein.

The written determination will be signed by the Hearing Chair on behalf of the Hearing Chair and Hearing Panel. The written determination will then be transmitted by the Administrative Officer to the parties, the Administrative Officer, the Office of Civil Rights & Title IX, and other University officials, as appropriate. Transmittal of the written determination to the parties concludes the hearing process, subject to any right of appeal. In a typical case, the written determination will be transmitted within fourteen (14) days of completion of the hearing, but this time period may vary depending on a range of factors including the complexity of the allegations at issue.

• A procedural irregularity affected the outcome;
• There is new evidence that was not reasonably available at the time the determination or dismissal was made, that could have affected the outcome;
• The Title IX Coordinator, investigator, Hearing Chair, or Hearing Panel, as the case may be, had a conflict of interest or bias for or against complainants or respondents generally, or against the individual Complainant or Respondent, that affected the outcome;
• The party was deprived of a right guaranteed by some other University policy or standard and the deprivation of that right affected the outcome.