University of Minnesota  Appendix

Order of Hearing Proceedings

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Note: The complainant and the respondent may have an advisor act on their behalf throughout the hearing proceedings listed below except for No. 5. If a party declines to attend the hearing, that party’s advisor may still attend the hearing and conduct cross-examination on behalf of the party, but may not otherwise participate in the hearing, other than in a non-speaking capacity.

  1. Call to order by the hearing chair.
  2. Announcements and opening remarks by the hearing chair.
    1. Notice that the hearing is being recorded.
    2. Identification of the parties attending the hearing.
    3. Review of the standard of proof.
    4. Confirmation from hearing panelists that they have reviewed all submitted materials in advance of the hearing.
  3. Witnesses are asked to leave the hearing until recalled by the hearing chair.
  4. Presentation of the complaint by the hearing chair and specific policy provisions alleged to have been violated, including whether the policy provisions concern Title IX-based prohibited conduct or non-Title IX-based prohibited conduct.
  5. The respondent responds to the complaint by stating “Responsible” or “Not responsible.”
  6. The complainant and/or their advisor provides opening comments (up to 10 minutes).
  7. The respondent and/or their advisor provides opening comments (up to 10 minutes).
  8. The complainant’s case presentation (up to 3 hours), which consists of the following:
    1. The complainant may, if desired, provide testimony and answer questions asked by the complainant's advisor.
    2. The respondent’s advisor may cross-examine the complainant.
    3. The hearing panel may ask any questions it has for the complainant.
    4. The complainant calls witnesses and presents information.
      1. The respondent’s advisor may cross-examine witnesses.
      2. The hearing panel may ask any questions it has for witnesses.
  9. The respondent's case presentation (up to 3 hours), which consists of the following:
    1. The respondent may, if desired, provide testimony and answer questions asked by the respondent's advisor.
    2. The complainant’s advisor may cross-examine the respondent.
    3. The hearing panel may ask any questions it has for the respondent.
    4. The respondent calls witnesses and presents information.
      1. The complainant’s advisor may cross-examine witnesses.
      2. The hearing panel may ask any questions it has for witnesses.
  10. The hearing panel may recall the complainant and/or the respondent for follow-up questions, if any. (Advisors do not have the opportunity to ask follow-up questions at this time. The panel may not recall witnesses.)
  11. Closing comments from the complainant and/or their advisor (up to 10 minutes).
  12. Closing comments from the respondent and/or their advisor (up to 10 minutes).
  13. The hearing chair closes the hearing.