2014-15-Undergraduate-Catalog

Student Life Policies • 127convened regarding the charges, the maximum disciplinary action that may be taken, andconditions and procedures by which an appeal may be filed. The complainant will also receivea copy of this written notice. Within thirty calendar days from the day in which theaccused was formally notified of the complaint against him or her, a Panel will be convenedfor the purpose of hearing the alleged charges.The Hearing Panel consists of three (3) members: two (2) faculty/staff members and one(1) deputy title IX coordinator from either athletics or human resources (or designee). Inaddition, the Title IX Coordinator will designate a hearing panel chair.Pre-Hearing Procedures:1. Pre-hearing submissions. The parties will provide the Title IX Coordinator with a list ofwitnesses they propose to be called and copies of all documents and information theywish to propose to present at the hearing process on or before the date set by the TitleIX Coordinator. Evidence of the complainant or accused individual's past sexual conducthistory will not be permitted unless it is relevant to the investigation. The Title IXCoordinator will provide each party with a copy of the list of witnesses, identification orcopies of documents or information submitted by each party.2. Pre-hearing meetings. The Title IX Coordinator will schedule individual pre-hearingmeetings with all parties. At the meeting the Title IX Coordinator will review hearingprocedures, complaint of alleged sexual misconduct, and will review the list of witnessesand pre-hearing submissions.3. To ensure an impartial hearing, no panel member may have had prior involvement in theinvestigation of the complaint or be in a direct or indirect subordinate position to eitherparty. Also, a panel member may remove him or herself from the panel for a particularcase if he or she feels rendering of an objective decision is not possible due to a personalrelationships with any of the parties involved. A complainant or accused individual canalso highlight such a conflict of interest and request that a panel member be removed. Insuch an event, the Title IX Coordinator shall appoint an appropriate member to thepanel for hearing that particular complaint. Any panel member who cannot attend aparticular hearing for a compelling reason must be replaced for that hearing by anappropriate member appointed by the Title IX Coordinator.4. Hearings involving charges of sexual misconduct will be closed to the Universitycommunity-at-large and the public. In addition to the Hearing Panel, the complainant andthe accused individual, others present at the hearing may include: a) one advisor each forthe complainant and accused individual, b) witnesses called by the complainant and theaccused individual, c) witnesses called by the Hearing Panel, and d) legal counsel for eitherparty. Legal counsel may not address the Hearing Panel but may offer privateconsultation as the hearings proceed. Should the legal counsel for either party attemptto address the Hearing Panel, the process described herein is suspended. Ultimately, eachparty involved in the formal process has the right to bring an advisor, to call a reasonablenumber of witnesses, and to be present during the entire hearing. All persons attendingmust agree to maintain confidentiality regarding the proceedings.5. The testimonies of both the complainant and the accused individual shall be heard by theHearing Panel. The testimony of witnesses offered by the complainant and the accusedindividual will also be accepted. The Panel may also hear testimony from parties who