which are made and maintained in connection with the provision of treatment to the party, unless KSU obtains that party's voluntary, written consent to do so.
Following the investigation and issuance of the final investigative report, KSU will conduct a live hearing to determine responsibility for the alleged sexual harassment.
Decision-Maker: A single, impartial decision-maker will conduct the live hearing and make the determination regarding responsibility. The decision-maker will not be the same person as the Title IX Coordinator or the investigator(s) in the same matter. The decision-maker must be free from conflicts of interest and bias and must receive annual training consistent with regulatory requirements.
Live Hearing Required: KSU will conduct a live hearing for all formal complaints not dismissed or resolved through an informal resolution.
Remote Participation: The live hearing may be conducted with all parties physically present in the same geographic location or—at KSU's discretion, or upon the request of either party—any or all parties, witnesses, and other participants may appear at the live hearing virtually, with technology enabling participants simultaneously to see and hear each other.
Advisor Role in Hearing and Cross-Examination:
Parties have the right to have their advisor of choice present at the live hearing.
Cross-examination of parties and witnesses at the live hearing must be conducted directly, orally, and in real time by the party's advisor, and never by a party personally.
If a party does not have an advisor present at the live hearing, KSU will provide, without fee or charge to that party, an advisor of KSU's choice to conduct cross-examination on behalf of that party. This KSU-provided advisor may be, but is not required to be, an attorney.
Relevance Determinations During Cross-Examination: Before a party or witness answers a cross-examination question, the decision-maker must first determine whether the question is relevant and explain any decision to exclude a question as not relevant. Questions and evidence about the complainant's sexual predisposition or prior sexual behavior are presumed not relevant, with limited exceptions:
If such questions and evidence are offered to prove that someone other than the respondent committed the alleged conduct; 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.
Refusal to Submit to Cross-Examination: If a party or witness does not submit to cross-examination at the live hearing, the decision-maker must not rely on any statement of that party or witness in reaching a determination regarding responsibility. However, the decision-maker cannot draw an inference about whether sexual harassment occurred based solely on a party's or witness's absence from the live hearing or refusal to answer cross-examination or other questions.