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The Hearing (hearing procedure is subject to change)

• The Student Conduct Officer shall assemble a Hearing Board of three trained members of Skidmore’s administration or faculty to hear sexual conduct cases. Each Board shall be composed of representatives of both genders.

• All hearings shall be closed to the public.

• Each Board member must indicate to the Student Conduct Officer within 3 days prior to the hearing whether they have knowledge of the participants in the case that may impair —or may be perceived to impair—their ability to hear and determine a case impartially, and to recuse themselves if their participation might compromise the integrity of the hearing process.

• All hearings will be audio-recorded. A digital file will be made available to the com- plainant and/or respondent in the event a request for an appeal is filed.

• Board members shall be provided with access to written information and evidence at least 24 hours prior to the hearing.

• The respondent and complainant may be accompanied by their support person and Sex- ual Misconduct Advisor. The support person and Sexual Misconduct Advisor are present to act as counselors and to support the respondent and complainant, and to provide ad- vice on procedural matters. The support person and Sexual Misconduct Advisor do not have speaking privileges during the hearing. A hearing will not be cancelled or postponed in the event a scheduled support person or Sexual Misconduct Advisor does not attend. If the scheduled support person or Sexual Misconduct Advisor is not able to attend, the complainant/respondent should arrange for a substitute.

• If the respondent or complainant fails to appear at the hearing, the hearing will move forward in their absence.

• Witnesses may be present at the hearing only at the time they are called to testify. A hearing will not be canceled or postponed if a scheduled witness does not attend.

• Written and notarized statements of witnesses not in attendance due to extraordinary circumstances shall be considered by the Board if approved by the Chair.

• At the start of the hearing, the Chair shall ask the respondent if they have received the formal complaint, and if they understand the nature of the formal complaint.

• The Title IX Deputy Coordinator will present the formal complaint along with the infor- mation obtained through the investigative process to the Hearing Board. The Hearing Board shall consider only the information and evidence related to the alleged violations set forth in the formal complaint.

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