44 2023 ANNUAL SECURITY REPORT After the investigation is complete and no less than ten days prior to the hearing, the Complainant and Respondent will be sent written notice of the hearing date, time and location by the Office of Student Conduct in cases of alleged sexual misconduct against a student or the University in cases of alleged sexual misconduct against officials, employees, or volunteers. The Notice of Hearing will be mailed, emailed or presented in person and contain: • A description of the alleged violation(s), the policies allegedly violated, a description of procedures and a statement of potential disciplinary sanctions that could result. • Information about the option of the hearing occurring with the Parties located in separate rooms using technology that allows the Decision Makers and Parties to see and hear a Party or witness. If a Party wants to utilize this option, they must inform the University of this desire at least three days prior to the hearing. • Information on how the hearing will be recorded and how the recording can be accessed after the hearing, a copy of rules of decorum for the participants, and a copy of all materials provided to the Decision Makers about the matter with the opportunity to provide a written response in advance of the hearing. • A list of the Decision Maker(s) who will attend the hearing, including the Hearing Chair, along with an invitation to object to any actual or perceived conflicts of interest or bias of these individuals prior to the hearing. The President of the University shall serve as the Decision Maker for all cases involving a Respondent who is a Faculty Member. In all cases involving a Respondent who is an Employee, the President may designate a Decision-Maker. • Notification that both Parties may have the assistance of an Advisor of their choice. If the Party does not have an Advisor and wishes to ask questions of the other Party or Witnesses, the University will appoint an Advisor to the Party as each Party must have an Advisor present during the hearing. • A list of Decision Makers who will attend the hearing along with an invitation to object to any potential conflicts of interest or bias. • Information regarding who to contact to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing. • A statement that if any parry or Witness does not appear at the scheduled hearing, the University may hold the hearing in their absence and the testimony provided prior to the hearing will not be considered by the Decision Makers. The Decision Makers will not draw an inference about the determination of responsibility based solely on a Party’s absence from the hearing or refusal to answer cross examination or other questions. Furthermore, the Parties or Witnesses will not be compelled to participate in the hearing and will be free from retaliation. Failure to answer questions at the hearing may impact the information the Decision Maker(s) will consider. In accordance with due process requirements applicable to Pennsylvania universities, hearings must include the opportunity to cross-examine individuals when credibility determinations are at issue. As such, if any Witness or Party is not available for cross-examination, the Decision Maker(s) must determine the admissibility of and weight to be given to that Party’s or Witness’s prior statements. The University will not issue a Disciplinary Sanction arising from an allegation of a violation of the Sexual Misconduct Policy without holding a hearing, unless otherwise resolved through an informal resolution process or an alternate process permitted under this Policy. If the University determines a hearing is necessary, the Parties cannot waive the right to a hearing. The University may still proceed with the hearing in the absence of a Party and may reach a determination of responsibility in their absence. The University will not threaten, coerce, intimidate, or discriminate against the Party in an attempt to secure the Party’s participation. CONTINUANCES OR GRANTING EXTENSIONS
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