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ILive Hearings Are NotRequired for K12 School Districts


DECISION IX regulations permit but do not require K-12 school districts toinclude a live hearingthat involves the participation of all the parties as partof the decision-making procedures It will be u

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Document on Subject : "ILive Hearings Are NotRequired for K12 School Districts"— Transcript:

1 DECISION I.Live Hearings Are NotRequired
DECISION I.Live Hearings Are NotRequired for K-12 School Districts. IX regulations permit (but do not require) K-12 school districts toinclude a live hearingthat involves the participation of all the parties as partof the decision-making procedures. It will be unlikely that any school districtwill likely opt to permit or require live hearings in their Title IXgrievanceprocess. Instead, they will likely incorporate the question and answer processthat is identified within the training materials. school district opts to permit such live hearings, then the school districtlikely has discretion on how such a live hearing will be conducted. Theschool district could provide for a live hearing similar to those hearingsrequired under 34 C.F.R. s. 106/45(b)(6)(i) for postsecondary institutions(discussed below), or the district could set forth other procedures for a livehearing. “If an elementary and secondary school recipient chooses to hold a hearing II.Requirements for Live Hearings by PostSecondary Institutions A.Location 1.Lve hearings may be conducted with all parties physically present inthe same geographic location, or at the decisionmaker’s discretion, anyor all parties, witnesses, and other participants may appear at the live �� PAGE hearing virtually, with technology enabling participants simultaneously

2 to see and hear each other. At the requ
to see and hear each other. At the request of either party, the decisionmaker must provide for the live hearing to occur with the parties located in separate rooms with technology enabling the decisionmaker and parties to simultaneously see and hear the party or the witness answering questions.Hearing Procedures If a party does not have an advisor present at the live hearing, the institution must provide without fee or charge to that party, an advisor of the institution’s choice, who may be, but is not required to be, an attorney, to conduct crossexamination on behalf of that party.ach party’s advisor must be permitted to ask any witnesses (including the other party) all relevant questions and followup questions, including questions challenging credibility of the witness. Questions, including crossexamination questions, must be conducted by directly, orally, and in real time by the party’s advisor and never by a partypersonally, notwithstanding the discretion of the institution under 34 C.F.R. 106.45(b)(5)(iv) to otherwise restrict the extent to which advisors may participate in the proceedingsach party’s advisor will only be permitted to ask relevant crossexamination and other questions of a party or witness. Before a witness (including the Complainant and the Respondent) answer a crossexamination or other question, t

3 he decisionmaker must first determine wh
he decisionmaker must first determine whether the question is relevant. If a question is not relevant, the decisionmaker will not allow the question and must explain any decision to exclude a question as not relevant. Questions and evidence about the Complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the Complainant’s prior sexual behavior are offered to provide that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concerns specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent. �� PAGE If a party or witness does not submit to crossexamination at the live hearing, the decisionmaker must not rely on any statement of that party or witness in reaching a determination regarding responsibility. However, the decisionmaker cannot draw any inference about a determination regarding responsibility based solely on the party’s or witness’s absence from the live hearing or refusal to answer crossexamination or other questions. Record Keeping The decisionmaker must create an audio or audiovisual recording, or transcript, any live hearing and make it available to the parties for inspection and revie