VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #U011

completion of the investigative report. The investigator must make all such evidence subject to the parties’ inspection and review available at any hearing to give each party equal opportunity to refer to such evidence during the hearing, including for purposes of cross-examination. G. After receipt of the parties’ written response as required by 9.F above, the investigator shall create an Investigative Report which shall fairly summarize the relevant evidence and, at least ten (10) days prior to the hearing or other time of determination of responsibility, send to each party and the party’s advisor, if any, the Investigative Report in an electronic format or a hard copy, for their review and written response. The Investigative Report shall be provided to the Hearing Officer(s) at the hearing to determine responsibility. 10.1 Hearing Officer(s) Upon notice from the Title IX Coordinator of the filing of a formal complaint, the President of the College shall appoint one or more individuals to be the hearing officer(s) for the matter. Any such individual need not be an employee of the College but any such person appointed shall receive the training required under section 8.1. If more than one hearing officer is appointed, the President shall denominate one such appointee as the presiding hearing officer. The presiding hearing officer shall make rulings on evidentiary and relevance issues, cast the deciding vote in case of any deadlocked decision regarding responsibility, remedies, or disciplinary sanctions, and maintain decorum at the hearing. The hearing officer(s) shall be allowed to directly question the parties and witnesses. Unless otherwise provided herein, criminal Rules of Procedure, Rules of Evidence and Discovery Rules shall not apply. 10.2 Live Hearings The College must provide for a live hearing which may be conducted with all parties physically present in the same geographic location, or, at the discretion of the College, any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants to simultaneously see and hear each other. At the request of either party, the College must provide for the live hearing to occur with the parties located in separate rooms with technology enabling the hearing officer(s) and parties to simultaneously see and hear the party or the witness answering questions. 10.3 Advisors The complainant and respondent are each entitled to have an advisor, who may be, but is not required to be, an attorney, present at the live hearing. If a party does not have an advisor, the College must provide, without fee or charge to that party, an advisor of the College’s choice, who maybe, but is not required to be, an attorney, to conduct cross-examination on behalf of that party. 10. HEARINGS

VCOM Discrimination, Harassment, and Violence Policy and Procedures

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