Student Conduct & Regulations 64|Page www.kutztown.edu/thekey 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 based solely on a Party's or Witness's absence from the hearing or refusal to answer cross-examination or other questions. 8) 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. 9. Decisions A. General Considerations for Evaluating Testimony and Evidence 1) While the opportunity for cross-examination is required in all hearings under this Policy, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the Decision Maker(s). 2) Hearsay evidence may not be used to establish a fact necessary to establish responsibility consistent with the requirements under Chapter 505 of Title 22 of the Pennsylvania Code concerning Student Personnel. 3) Decision Maker(s) shall not draw inferences regarding a Party or Witness’ credibility based on the
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