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conduct a hearing to determine responsibility. A copy of the investigative report and party response(s), if any, shall be provided to the Grievance Officer. Within three (3) business days of the assignment, Written notice of the identity of and contact information for the Grievance Officer and an explanation of the process for challenging the assignment based on conflict of interest or bias shall be sent to all parties. Any challenge must be resolved before the hearing process may begin. B, Notice of Hearing: Within three (3) business days following assignment of the Grievance Officer or any decision regarding a challenge to that assignment, the Grievance Officer shall notify the parties, in writing, of the date, time, and location of the hearing along with their Notice of Hearing Rights & Responsibilities. The Notice of Hearing must be sent at least ten (10) business days prior to the assigned hearing date. s. Consolidated Complaints: In situations where complaints have been consolidated as described herein, the Grievance Officer may choose to conduct a single hearing, or divide the hearings, as appropriate. Parties have the right to object to consolidation if they believe such consolidation would prejudice their rights. Any objection shall be heard by the Grievance Officer before the start of the hearing. 2. Consolidated Hearings: In situations that involve Prohibited Conduct and conduct that may violate other College Policies or standards of conduct, the College reserves the right to consolidate the hearings on all conduct violations utilizing these procedures. The Notice of Hearing will include any decision to consolidate hearings. C. Advisor Identification: Within ten (10) business days prior to the assigned hearing date, the parties must notify the Grievance Officer, in writing, of the name and contact information of the advisor they have chosen to attend the hearing and conduct questioning on their behalf. The Grievance Officer will assign an advisor to attend the hearing for any party who fails to provide this notification. The College wit[ ensure that any assigned advisor understands the purpose and scope of her/his role, including how to conduct questioning. D. Hearing 1. Live Hearing: A live hearing wilt be conducted with all parties physically present in the same geographic Location. or "virtually' present through the use of technology enabling the participants to simultaneously har and see one another. An audio or audiovisual recording, or transcript of the hearing will be created and available for inspection and review by any party. 2. Closed Hearing; The hearing shall be closed, meaning that only the parties and decision-maker(s) shall be present for the entirety of the hearing, Witnesses Wit[ be present (virtually or in person) only white providing their testimony. 3. Opening Remarks; The Grievance Officer wilt open the hearing by summarizing the following: 1. The allegations contained in the Formal Complaint; ii. The sections of the applicable Policy implicated by the allegations; and iii. The guidelines and rules governing the hearing. 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 shaft 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, ii. 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. A challenge 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 al[ 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 wilt 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 2022-2023 Garden Grove Catalog I Publication Date: May 20, 20231 Effective July 1, 2022 through June 30, 2023 64