Student Conduct & Regulations 62|Page www.kutztown.edu/thekey recommended findings or determinations. If such information is introduced, the Hearing Chair will direct that it be disregarded. 4) The Hearing Chair and other Decision Maker(s) will ask questions of the Parties and Witnesses. 5) Parties will be given the opportunity for cross-examination after the Decision Maker(s) conduct(s) the initial round of questioning. See Cross-Examination Procedure below. 6) During the Parties’ cross-examination, the Hearing Chair will have the authority to pause crossexamination at any time for the purposes of asking follow up questions; and any time necessary in order to enforce order for the hearing or the established rules of decorum. If an Advisor does not comply with the established rules of decorum, that Party may be provided with a different Advisor to conduct cross-examination on behalf of that Party. 7) Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Decision Maker(s). A Party’s waiver of cross-examination does not eliminate the ability of the Decision Maker(s) to use statements made by the Party. F. Relevant Evidence and Questions “Relevant” evidence and questions are those questions and evidence that tends to make an allegation of sexual misconduct more or less likely to be true. “Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of any process initiated under this Policy: 1) Evidence and questions about the Complainant’s sexual predisposition or prior sexual behavior unless: a) They are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or b) They concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove Consent. 2) Evidence and questions that constitute, or seek disclosure of, information protected under a legallyrecognized privilege including attorney-client privilege; or 3) Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. G. Cross-Examination 1) Each Party’s Advisor may conduct cross-examination of the other Party or Parties and Witnesses and ask follow-up questions, including those challenging credibility directly, orally, and in real time. 2) Parties will not be permitted to personally cross-examine each other. 3) If a Party does not participate in a hearing, the Party’s Advisor may attend and conduct crossexamination on behalf of the Party. 4) If neither a Party nor their Advisor appear at the hearing, the University will provide an Advisor to appear on behalf of the non-appearing Party and ask cross-examination questions. 5) Before any cross-examination question is answered, the Decision Maker(s) will determine if the question is relevant. Cross-examination questions that are duplicative of those already asked, including by the Decision Maker(s] may be deemed irrelevant if they have been asked and answered. 6) The Decision Maker(s) must explain to the Party proposing the question any decision to exclude a question as not relevant. 7) The Decision Maker(s) may not draw an inference about a determination of regarding responsibility
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