16.11.2023 Views

The Lowdown 23-24

University of South Alabama Student Handbook

University of South Alabama Student Handbook

SHOW MORE
SHOW LESS

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

credibility, provided any such questioning or cross-examination is<br />

conducted directly, orally, and in real-time.<br />

● No one other than a party’s advisor or a member of the<br />

adjudicating committee may direct questions to parties or<br />

witnesses.<br />

● All parties and witnesses are expected to cooperate and provide<br />

truthful information.<br />

● At the close of the hearing, the adjudicating committee will retire<br />

for deliberation. During deliberation, the adjudicating committee<br />

shall apply a clear and convincing standard to determine what<br />

conduct occurred and whether such conduct constitutes sexual<br />

misconduct.<br />

● <strong>The</strong> University must make an audio or video recording of the<br />

hearing, or a transcript, but not of the deliberations, and make it<br />

available to the parties for inspection and review.<br />

● <strong>The</strong> adjudicating committee will issue a written decision of<br />

finding(s) determined by the majority, under a clear and convincing<br />

standard. <strong>The</strong> written decision will include an identification of the<br />

allegations at issue, a description of the procedural steps taken<br />

throughout the case, findings of fact supporting the determination,<br />

conclusions regarding the application of the Sexual Misconduct<br />

Policy, a statement and rationale as to the determination for each<br />

allegation, a statement of any disciplinary sanctions and whether any<br />

remedies will be provided to the complainant, and a description of<br />

the procedures and permissible grounds for appeal.<br />

● <strong>The</strong> SCA will, within five (5) business days of receiving the<br />

adjudicating committee’s written decision, provide written<br />

notification to the Title IX Coordinator and provide simultaneous<br />

written notification to the parties of the adjudicating committee’s<br />

written decision.<br />

● <strong>The</strong> Title IX Coordinator, or a designee, shall separately notify the<br />

complainant, in writing, of any non-disciplinary remedial<br />

measures that will be offered for the complainant’s benefit.<br />

● After the hearing process specified by these Complaint Resolution<br />

Procedures, including the determination of all appeals provided for<br />

hereunder or the expiration of any appeal deadlines without an appeal<br />

- 117 -

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!