Provided that the complaint is not resolved through Informal Resolution and the allegations fall under the jurisdiction of Title IX, the Assistant Vice President for Equity, Diversity and Inclusion will refer the matter for a hearing once the final investigation report is shared with the parties.
At the hearing, the Decision-maker(s) has the authority to hear and make determinations on all allegations of discrimination, harassment, and/or retaliation and may also hear and make determinations on any additional alleged policy violations that have occurred in concert with the discrimination, harassment, and/or retaliation, even though those collateral allegations may not specifically fall within the policy on Equal Opportunity, Harassment, and Nondiscrimination.
Participants at the hearing will include:
- the Chair
- any additional panelists
- the hearing facilitator
- the Investigator(s) who conducted the investigation
- the parties
- Advisors to the parties
- any called witnesses
- the Assistant Vice President for Equity, Diversity and Inclusion
- anyone providing authorized accommodations or assistive services
The Chair will answer all questions of procedure. Anyone appearing at the hearing to provide information will respond to questions on their own behalf.
Deliberation, Decision-Making, and Standard of Proof
The Decision-maker(s) will deliberate in closed session to determine whether the Respondent is responsible or not responsible for the policy violation(s) in question. If a panel is used, a simple majority vote is required to determine the finding. The preponderance of the evidence standard of proof is used. The hearing facilitator may be invited to attend the deliberation by the Chair, but is there only to facilitate procedurally, not to address the substance of the allegations.
When there is a finding of responsibility on one or more of the allegations, the Decision-maker(s) may then consider the previously submitted party impact statements in determining appropriate sanction(s). The Chair will ensure that each of the parties has an opportunity to review any impact statement submitted by the other party(ies). The Decision-maker(s) may – at their discretion – consider the statements, but they are not binding.
The Decision-maker(s) will review the statements and any pertinent conduct history provided by Student Affairs, Academic Affairs, Human Resources, and/or the Assistant Vice President for Equity, Diversity and Inclusion. The Decision-maker(s) will consult with the Provost or appropriate Vice President and Human Resources to make the appropriate sanction(s) recommendations.
The Chair will then prepare a written deliberation statement and deliver it to the Assistant Vice President for Equity, Diversity and Inclusion, detailing the determination, rationale, the evidence used in support of its determination of findings, the evidence disregarded, credibility assessments, and any recommended sanctions.