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4. Presentation of Evidence: All parties will have an equal opportunity to make statements and present relevant evidence of any sort (e.g., documents, recordings, witness testimony, etc.) regardless of whether or not that evidence was provided or considered in the investigation process. I. Questioning: The Grievance Officer and the parties shall have an opportunity to pose relevant questions and follow-up questions of the parties and witnesses. All said questioning must be conducted directly, orally, and in real time. Only a party's advisor, NOT the party her/himself, may conduct said questioning on behalf of the party. The Grievance Officer may ask questions at any time. The Grievance Officer does not have authority to compel the testimony of any person (party or witness). If a party or witness fails to submit to questioning at the hearing, the Grievance Officer may not rely on any statement of that party or witness in reaching a determination regarding responsibility. R. Relevancy Determinations: Before a party or witness answers a question from another party, the Grievance Officer must determine if the question is relevant and explain any decision to exclude the question as not relevant. Achallenge to that determination can be made at the hearing. Prohibited Evidence as described herein Is considered to be, per se NOT relevant. 5. Closing Remarks: After all parties have finished their presentation of evidence, they will each be given an opportunity to give brief closing remarks, summarizing their position, including any request for action to be taken. The hearing will then be closed, and no further statement or evidence will be accepted or considered by the Grievance Officer prior to making a determination regarding responsibility. 6. Determination Regarding Responsibility: The Grievance Officer will make a determination regarding responsibility within ten (10) business days following the close of the hearing and provide written notice of that determination to the parties and Lead Title IX Coordinator. In making that determination, the Grievance officer will objectively evaluate the investigative report and all relevant evidence (both inculpatory and exculpatory), weigh the credibility of the evidence and testimony, and apply the requisite standard of proof. I. Standard of Proof: The standard of proof that will be utilized by the Grievance Officer in making a determination regarding responsibility will be preponderance of the evidence. This means that the Grievance Officer will determine if it is more likely than not that the Respondent is responsible for the alleged Prohibited Conduct, H. Determinations Regarding Affirmative Consent: It shall not be a valid excuse to alleged lack of consent that the Respondent believed there was valid consent due to the following circumstances: a. Intoxication or recklessness of the Respondent; b. failure of Respondent to take reasonable steps to ascertain whether or not there was affirmative consent, H. Consideration of Results of Other Investigations or Processes: The results of other investigations or procedures (e.g., criminal or administrative) may be considered but will not be deferred to or relied upon in making a determination regarding responsibility. iv. Consideration of Prior Findings of Prohibited Conduct: The Grievance Officer may only consider a Respondent's prior findings of responsibility for Prohibited Conduct or other relevant misconduct in determining appropriate sanctions and not in any finding of responsibility for the current matter. Determination Notice: The notice of the determination regarding responsibility shall include, at minimum, the following: a. Identification of the allegations constituting Prohibited Conduct; b. A description ofthe procedural steps taken from receipt of the Formal Complaint through determination; C. Findings of fact supporting the determination; d. Conclusions regarding the application of the College's policies and procedures to the facts; e. A statement of and rationale for the result as to each allegation including a determination regarding responsibility, any sanction that will be imposed on Respondent, and whether any remedies provided to Complainant were designed to restore or preserve equal access to the College's program or activity; f. The process and basesto appealthe determination; and g. A statement that the results will become final either on the date the College provides the parties with the written determination of the result of the appeal (if an appeal is filed), or the date on which the appeal would no longer be considered timely (the appeal deadline). E. Appeal 1. Eligibility: Any party is eligible to appeal a determination regarding responsibility or Title IX determination per section D above. 2. Bases for Appeal: The following are the only bases upon which an appeal will be considered: I. Procedural irregularity: there was an irregularity in the processing of the Formal Complaint (e.g., investigation or hearing)that affected the outcome of the matter; II. New Evidence: there is evidence that was not reasonably available before or at the time the determination regarding responsibility was made that could reasonably affect the outcome of the matter; or iii. Conflict of Interest: The Lead Title IX Coordinator, investigator and/or grievance officer had a conflict of interest or bias for or against survivors/victims or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter 3. Written Appeal: In order to initiate the appeal process, a party must submitthe appeal, in writing, Lathe Lead Title IX Coordinator no later than fifteen (15) business days following receipt of the Determination Notice. The appeal must be based upon at least one of the allowable bases for appeal. Upon receipt ofthe Appeal the Lead Title IX Coordinator will send a Notice of Appeal to all parties providing them with the copy of the written appeal and a (lowing for both parties to submit to the Lead Title IX Coordinator a written statement in support of or challenging the relevant determination and any statements contained in the Appeal. 4. Assignment of Appellate Officer: Within three (3) business days following receipt of the parties' statements or expiration of the deadline to submit statements, the Lead Title IX Coordinator will assign an Appellate Officerto consider the appeal and will provide written notice to the parties of the identity of and contact information for the Appellate Officer along with an explanation of the process for challenging the assignment based on conflict of interest or bias. Any challenge must be resolved before the Appeal review process may begin. 2020-2021 Garden Grove Catalog l Publication Date: November 30, 2020 1 Effective July 1, 2020 through June 30, 2021 m