UNITED EDUCATION INSTITUTE dba UEI COLLEGE

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• Reviewing relevant documentation and policies; • Obtaining a response, written statement, and other information from Respondent. The investigator shall provide written notice to the parties in advance of any meeting, interview, or hearing conducted as part of the investigation in which they are expected or invited to participate. E. Review of Evidence Before concluding the investigation, UEI shall provide the parties and their advisors, if any, the opportunity to inspect and review any evidence obtained during the investigation that is directly related to the allegations raised in the Formal Complaint, including all Inculpatory and exculpatory evidence. The evidence will be provided to the parties in an electronic format or a hard copy, and the parties will be given 10 days to submit a written response. The investigator will consider the written responses before the completion of the Investigative report. F. Investigative Report At the conclusion of the investigation, the investigator will create an investigative report that fairly summarizes the relevant evidence. The investigative report shall be provided to the parties (and their advisors) in an electronic format or a hard copy, and the parties will be given 10 days to submit a written response. The final investigative report will be provided at least 10 days before the live hearing, so the parties have the opportunity to review and provide written responses. G. Live Hearing If a Formal Complaint is not or cannot be resolved through informal resolution, UEI shall hold a live hearing ("hearing"). The hearing will be overseen by the applicable Campus President/Executive Director or other trained designee ("decision - maker'), separate from the Title IX Coordinator or investigator. The decision -maker shall be free from conflicts of Interest or bias and shall be trained on how to serve impartially, issues of relevance and any technology to be used at the hearing. The hearing may be conducted with all parties present physically or virtually, so long as all participants are able to see and hear one another in real time. A party is prohibited from solely participating in the hearing by telephone. At the request of either party, the school will permit the parties to be in separate rooms during the entirety W of the hearing. The school will create an audio or audiovisual recording, or transcript of the hearing. 1. Cross -Examination During the hearing, every witness may be subjected to cross-examination by the party's advisor. The school will allow a party's advisor to directly and in real time present all relevant questions and follow up questions to another party orwitness, Including the advisor challenging the credibility of a party, Cross-examination must come from a party's advisor and may not come directly from a party. If a party or witness does not submit to live cross- examination, the decision -maker will not rely on any statement made by that party or witness when making the decision about the Respondent's responsibility. Only statements that have been tested for credibility through cross-examination at the hearing may be considered by the decision -maker in reaching a responsibility determination. This includes statements against interest. By way of example, if a party makes a statement against interest to the investigator during the investigation, but subsequently declines to participate in the hearing or otherwise be subject to cross-examination, the statement made to the Investigator will not be relied upon in making a determination regarding responsibility. The decision -maker will also not draw any inference regarding responsibility based solely on a party's or witness' absence from the hearing or refusal to answer cross-examination or other questions. 2. Questions Must Be Relevant Questions posed to parties and witnesses at the hearing must be relevant. Before a Complainant, Respondent, or witness answers a cross- examination or other question, the decision - maker must determine whether the question. being asked is relevant and provide an explanation as to any decision to exclude a question as not relevant. Questions relating to a Complainant's prior sexual behavior are irrelevant unless the questions are offered to prove someone else was responsible for the alleged conduct or offered to prove consent. 3. Evidence Limitations UEI will not rely on or seek disclosure of Information protected under a legally recognized privilege unless the person holding such privilege has waived the privilege. UEI will not access or use a party's medical, psychological, or similar treatment records unless the party provides voluntary, written consent.