60|Page a Respondent who is a Faculty Member. In all cases involving a Respondent who is an Employee, the President may designate a Decision-Maker. 7) A statement that if any Party or Witness does not appear at the scheduled hearing, the hearing may be held in their absence and the admissibility of and weight to be given to any testimony or statements provided by that Party or Witness prior to the hearing will be determined by the Decision Maker(s). 8) Notification that the parties may have the assistance of an Advisor of their choice at the hearing and will be required to have one present for any questions they may desire to ask of the other Party or Witnesses. The Party should notify the Student Conduct Office/University in advance of the hearing if they do not have an Advisor, and the University will appoint one. Each party must have an Advisor present. 9) A copy of all the materials provided to the Decision Maker(s) about the matter and the opportunity to provide a written response in advance of the hearing. 10) Information regarding who to contact to arrange any disability accommodations, language assistance, and/or interpretation services that may be needed at the hearing. 11) For compelling reasons, the Student Conduct Office/University may reschedule the hearing. B. Hearing The University will not issue a Disciplinary Sanction arising from an allegation of a violation of this 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. The Decision Maker(s) cannot draw an inference about the determination regarding responsibility based solely on a Party’s absence from the hearing or refusal to answer cross examination or other questions. The hearing may be conducted with all Parties physically present in the same geographic location, or, at the University’s discretion, any or all Parties, Witnesses, and other participants may appear at the hearing virtually through video conferencing technology. This technology will enable participants simultaneously to see and hear each other. At its discretion, the University may delay or adjourn a hearing based on technological errors. All proceedings will be recorded through audio recording. That recording or a transcript, if one is available, will be made available to the Parties for inspection and review upon request. All hearings for student Respondents will comply with requirements under Chapter 505 of Title 22 of the Pennsylvania Code concerning Student Personnel. All hearings for employee Respondents will comply with applicable collective bargaining requirements and University and Board of Governors Policy and Procedure/Standard requirements.
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