Pre-Hearing Process

What will happen?

• The Decision-maker will offer to convene a pre-hearing meeting(s) with the Parties and their Advisors and invite them to submit the questions or topics they wish to ask or discuss at the hearing. This allows the Decision-maker to consider their relevance ahead of time to avoid any improper evidentiary introduction in the hearing or to provide recommendations for more appropriate phrasing. 
• However, this advance review opportunity does not preclude the Parties from submitting a question at the hearing for the first time or asking for a reconsideration on a Decision-maker’s pre-hearing decision based on any new information or testimony offered at the hearing. The Decision-maker will document and share their rationale for any evidence or question exclusion or inclusion, if any, at a pre-hearing meeting with each party.
• The Decision-maker will work with the Parties to finalize a witness list for the hearing, and the Title IX Coordinator will notify any witnesses of the hearing’s logistics. The Decision-maker, only with the agreement of all Parties, may decide in advance of the hearing that certain witnesses do not need to be present if their testimony can be adequately summarized by the Investigator(s) in the Final Investigation Report or during the hearing, and their presence is not essential to assess their credibility. 
• Pre-hearing meeting(s) will not be recorded. The pre-hearing meetings will typically be conducted as separate meetings with each party/Advisor, and can be done remotely, or as a written communication exchange. The Decision-maker will work with the Parties to establish the format and timing of the meetings and will circulate a summary of any rulings made to ensure all Parties and Advisors are aware.

Pre-Hearing Checklist

1. Have you received all pertinent documentary evidence, including the final investigative report?
2. If you elect to do so, have you met with the Title IX Coordinator to review the procedures for the hearing?
3. Do you have an Advisor to accompany you at the hearing? Your Advisor will conduct the cross-examination of the other party and witnesses.
4. Have all of the witnesses you plan on having participate in the hearing been interviewed as part of the investigative process? If not, they cannot participate in the hearing.
5. Does all of the evidence you want to present at the hearing already been reviewed by the investigators and the other party? If not, you cannot present this evidence at the hearing.
6. Have you provided your comments on the final investigation report at least ten (10) days before the hearing? If you have not, you cannot provide comments.
7. Do you know the date, time, and location of the hearing?
8. Thoroughness and fairness are the primary foci of any Title IX hearing process. Hearings are generally scheduled for two (2) hours, but can be extended, as needed at the discretion of the Decision-maker, to ensure that both parties are able to present the information relevant to their position. (e.g., complicated fact pattern, numerous witnesses, etc.). 

If you have the need to inquire about the questions above, please contact your NPC’s Title IX Coordinator.