As with all University judicial system cases, a hearing may proceed even if one or both parties fail to attend the hearing. Further, once a sexual misconduct complaint has been brought forward, the University shall proceed in the adjudication of the case in accordance with Title IX. In such cases, the Title IX coordinator will always be notified at the beginning of the process.
Either party may request to present their case outside the physical presence or line of sight of the other party. Every effort will be made to accommodate such requests. Either party wishing to make a request for special accommodations must submit in writing their request at least 48 business hours prior to the hearing to the Title IX Coordinator and Dean of Students (or designee). Some examples of special accommodations are the use of telephone hearings and/or skype. Further, either party may petition to present their case by proxy at least 48 business hours prior to the hearing. The University, however, cautions parties that using a proxy may lead to a party not being able to fully respond to questions presented by the hearing panel or other issues brought up in the hearing. A party's proxy may not be legal counsel or their Faculty/Staff Advocate.
Following the hearing, the decision of whether a policy violation has occurred will be determined by using a preponderance of the evidence standard. A finding of a policy violation by a preponderance of the evidence, which differs from the legal process without a reasonable doubt, means that it is more likely than not that the policy violation occurred. If, following the hearing, the decision is that no policy violation has occurred the process will end. Regardless of the outcome, the complainant, the respondent, and the Title IX Coordinator will be notified of the finding in writing once the charge letter is generated. If the alleged victim is deceased as a result of such crime or offense, the next of kin of such victim shall be treated as the alleged victim for purposes of notification. If a student is found in violation of University policy, the hearing board will assess appropriate disciplinary sanctions after consultation with the Title IX Coordinator and Dean of Students (or designee). The Dean of Students (or designee) will notify the respondent, the