Student Conduct & Regulations 63|Page www.kutztown.edu/thekey 2) The Investigator; 3) IT personnel; 4) The Parties; 5) The Advisor of choice or Advisor provided by the University for each Party; 6) Witnesses; and 7) Any individuals necessary to provide interpretation or other support services associated with reasonable accommodations to facilitate participation in the hearing. The Decision Maker(s), including the Hearing Chair, will not have a conflict of interest or bias in favor of or against Complainants or Respondents generally, or in favor or against the Parties to the particular case. The Parties will have an opportunity to raise any objections regarding a Decision Maker’s actual or perceived conflicts of interest or bias at the beginning of the hearing, if not raised previously. Parties and Witnesses cannot be compelled to participate in the hearing, and have the right not to participate in the hearing free from retaliation. E. Hearing Procedures For all hearings conducted under this Policy, the procedure will be as follows: 1) The Hearing Chair will open and establish rules and expectations for the hearing. 2) The Parties will each be given the opportunity to provide opening statements. 3) The Investigator will present a summary of the final Investigative Report, including items that are and are not contested. The Investigator will be subject to questioning by the Decision Maker(s) and the Parties (through their Advisors). The Investigator should not be asked their opinion on credibility, 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:
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