VCOM Institutional Policy and Procedure Manual

VCOM Policy and Procedure

Policy #U011

10.4 Order of Hearing

1. Introduction and reading of the formal complaint. 2. Opening statement by complainant or advisor. 3. Opening statement by respondent or advisor. 4. Presentation of witnesses and evidence by complainant. 5. Presentation of witnesses and evidence by respondent. 6. Closing statement by complainant or advisor. 7. Closing statement by respondent or advisor. 8. Closed deliberation by the Hearing Officer(s).

10.5 Cross-Examination A. Each party’s advisor is allowed to ask the other party and any witness questions and follow-up questions, including those challenging credibility. Such cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor and never by a party personally. Only relevant cross-examination and other questions may be asked of a party or witness. Before a party or witness answers a cross-examination or other question, the presiding officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. B. Questions about the complainant’s sexual predisposition or prior sexual behavior are not relevant, 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. C. If a party or witness does not submit to cross-examination at the live hearing, the hearing officer(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility. D. The hearing officer(s) can draw no inference about the determination regarding responsibility based soley on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions. 10.6 The Record The College must create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review. 11. DETERMINATION REGARDING RESPONSIBILITY Using the standard of evidence set forth in section 8.1(J), the hearing officer(s) must issue a written determination regarding responsibility within ten (10) business days of the conclusion of the live hearing. The written determination must include: • Identification of the allegations potentially constituting sexual harassment; • A description of the procedural steps taken from the receipt of the formal complaint through determination, including any notifications to the parties,

VCOM Discrimination, Harassment, and Violence Policy and Procedures

Page 15 of 23