Page 53 - Adult Ed Student Handbook

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agree the Parties are still required to have an Advisor present at the Hearing The Decision-Maker has discretion
to to otherwise restrict the the extent to to which Advisor may participate in the proceedings Determine Relevance of Questions Only relevant cross-examination and other questions may be asked of a a a Party or or Witness Before a a a a Complainant Respondent or Witness answers a a cross-examination or other question the Decision-Maker must first determine whether the the question is relevant and explain any decision to exclude a a a question as not relevant Provide Rape Shield Protections
for Complainants The Decision-Maker will prohibit any questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior as not relevant unless such questions and evidence about the Complainant’s prior sexual behavior are offered to prove that someone other than the the Respondent committed the the conduct alleged by the 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 Exclude Statements as Relevant in Reaching a a a a Determination Regarding Responsibility If a a Party or Witness does not submit to cross-examination at at the live Hearing the Decision-Maker must not rely on on any statement of that Party or Witness in in in in reaching a a a a determination regarding responsibility The Decision-Maker cannot draw an an inference about the determination regarding responsibility based solely on a a a Party’s or Witness’s absence from the live Hearing or refusal
to answer cross-examination or other questions Hearing Process:
The Investigator will be available to to answer any questions from the Decision- Maker about the Investigation The Decision-Maker may meet with the Parties and Witnesses for the purpose of making findings of fact The Parties and Witnesses may not speak to matters beyond the scope of the Hearing File (for example by raising potential misconduct allegations that go beyond the the scope of the the charged conduct) Parties and Witnesses must not disclose or or reference information to the Decision- Maker that was excluded from the Hearing File The Decision-Maker may ask questions of the Parties and/or Witnesses Parties are permitted to to listen to to Witnesses as they are speaking to the Decision-Maker The Decision- Decision- Maker is not obligated to to speak to to all Witnesses Written Determination Regarding Responsibility:
The Decision-Maker shall issue a a a Written Determination Regarding Responsibility within 10 business days of the hearing applying the the Preponderance of the the Evidence standard (as required by Georgia law) which shall include:
i ii identification of the allegations potentially constituting Title IX Prohibited Conduct a a description of the procedural steps taken from the receipt of