This page is here to help you better understand the role of a hearing panelist and to understand how they support both Title IX (600.030) and Equity (600.040) Processes. For conduct falling under 600.020 (complaints of sexual harassment against any Respondent, including any employee of the University), the resolution process is 600.030. For conduct falling under 600.010 (complaints of discrimination or harassment [non-Title IX] against a Faculty member, Student or Student Organization), the resolution process is 600.040.
What is a Hearing Panel?
A hearing panel consists of three members who consider evidence presented at a hearing and make recommendations or determinations regarding alleged University policy violations, as well as any sanctions and remedial actions. Hearing panels are used in both the Title IX (600.030) and Equity (600.040) processes and operate similarly in the following ways:
- Used when a complaint is not resolved through an alternate resolution process.
- Comprised of three (3) members.
- A designated Hearing Officer or Chair is selected.
- Panelists are drawn from the University Hearing Panelist Pool.
- Annual training is required for all panelists.
- Recommendations or determinations regarding responsibility, sanctions, and remedial actions require a majority vote of the panel.
A Title IX Hearing Panel will consist of a Hearing Officer and two (2) university members randomly selected from the Hearing Panelist pool. A good faith attempt will be made for the Hearing Panel to include at least one faculty member and one administrator/staff member. Up to two (2) alternate panel members may be designated.
An Equity Hearing Panel will consist of three (3) university members randomly selected from the Hearing Panelist Pool. The Chair of the Hearing Panel will be designated by the Hearing Panel Pool Chair. A good faith attempt will be made for the Hearing Panel to include at least one faculty member and one administrator/staff member. Up to two (2) alternate panel members may be designated.
The Role of Hearing Panelist
A hearing panelist must be fair, impartial and unbiased. They must be able to approach the hearing with an open mind to maintain a neutral and unbiased position throughout the hearing while considering the testimony and evidence that is presented.
To maintain fairness in this process a hearing panelist should:
- Treat both parties equitably and with respect.
- Do not base credibility determinations on whether an individual is a Complainant or a Respondent.
- Provide equal opportunity for the Parties t present witnesses and other evidence.
- Allow both Parties to exercise their rights under the Collected Rules and Regulations (CRRs).
To maintain impartiality in this process a hearing panelist should:
- Only form an opinion after the hearing process is complete.
- Ask questions in a non-accusatory manner.
- Do not let personal feelings and/or prior dealings with either Party or a witness affect the way you treat the individual.
- If you have had prior dealings with either Party, let the Title IX Coordinator or Equity Officer know as soon as possible.
Recusal of a Hearing Panel Member
Hearing Panel members, including the Hearing Officer, shall not have a Conflict of Interest or Bias for or against Complainants or Respondents generally or an individual Complainant or Respondent.
If a Hearing Panel member or Hearing Officer feels that they have a Conflict of Interest or Bias, or cannot make an objective determination, they must recuse themselves.
Objection to a Hearing Panel Member
If Parties have an objection to a panelist they must present them in writing to the Title IX Coordinator or Equity Officer at least 15 business days prior to the hearing. Panelists will only be unseated and replaced if Title IX Coordinator or Equity Officer concludes that good cause exists for the removal. The Title IX Coordinator or Equity Officer will provide a written response to all Parties addressing any objections to the Hearing Panel members, including the Hearing Officer.
Good cause may include, but is not limited to, bias that would preclude an impartial hearing or circumstances in which the Hearing Panel member's involvement could impact the Party's work or learning environment due to current or potential interactions with the Hearing Panel member (e.g., a panel member being in the same department as either Party).
Hearing Process Rules Under 600.030
Hearing Officer Role - Procedurally
- Hearing Officer shall participate on the Hearing Panel and preside at the hearing, call the hearing to order, call the roll of the Hearing Panel and alternates in attendance, ascertain the presence or absence of the Investigator, the Complainant and the Respondent, confirm receipt of the Notice of Allegations and Notice of Hearing by the Parties, report any extensions requested or granted and establish the presence of any Advisors.
- The Hearing Officer may dismiss any person from the hearing who interferes with or obstructs the hearing, fails to adhere to the Rules of Decorum, or fails to abide by the rulings of the Hearing Officer.
- Procedural questions which arise during the hearing and which are not covered by these general rules shall be determined by the Hearing Officer, whose ruling shall be final.
- The Hearing Officer will prepare a written determination reflecting the decision of the Hearing Panel regarding responsibility, sanctions and remedial actions, if any (“Hearing Panel Decision”), and deliver it to the Title IX Coordinator.
Hearing Officer Role - Substantively
- The relevancy and admissibility of any evidence offered at the hearing shall be determined by the Hearing Officer, whose ruling shall be final.
- Before a Party or witness answers a question, the Hearing Officer must determine whether the question is relevant. If a question is excluded as not relevant, the Hearing Officer must explain the decision to exclude that question. Where the Hearing Officer permits a question to be answered, there is a presumption that the Hearing Officer found the question to be relevant.
- The Parties’ Advisors may object to questions on limited grounds as set forth in the Rules of Decorum. The Hearing Officer will rule on such objections and that ruling shall be final.
Hearing Panelist's Role
- At least five (5) business days prior to the hearing date, the final investigative report and all exhibits will be provided to the Hearing Panel members.
- The Hearing Panel may ask questions of the Parties or any witnesses including the Investigator at any time during the hearing.
- The Hearing Panel will deliberate with no others present, except any legal advisor to the Hearing Panel, to find whether the Respondent is responsible or not responsible for the policy violation(s) in question.
- Finding(s) based on a preponderance of the evidence.
- If a Respondent is found responsible by a majority of the Hearing Panel, the Hearing Panel will determine appropriate sanctions and remedial actions by a majority vote.
Hearing Process Rules Under 600.040
Hearing Panel Chair Role - Procedurally
- The Hearing Panel Chair shall preside at the hearing, call the hearing to order, call the roll of the Hearing Panel and alternates in attendance, ascertain the presence or absence of the Investigator, the Complainant and the Respondent, confirm receipt of the Notice of Allegations and Notice of Hearing by the Parties, report any extensions requested or granted, and establish the presence of any Equity Support Persons.
- The Hearing Panel Chair shall arrange for recording of the hearing, whether by audio, video, digital or stenographic means.
- The Hearing Panel Chair will prepare a written determination regarding responsibility (“Hearing Panel Decision") and deliver it to the Provost (or Designee) (for Faculty Respondents) or the Equity Officer (for Student Respondents).
Hearing Panel Chair Role - Substantively
The relevancy and admissibility of any evidence offered at the hearing shall be determined by the Hearing Panel Chair, whose ruling shall be final, unless the Chair shall present the question to the Hearing Panel at the request of a member of the Hearing Panel, in which event, the ruling of the Hearing Panel by majority vote shall be final.
Procedural questions which arise during the hearing and which are not covered by these general rules shall be determined by the Hearing Panel Chair, whose ruling shall be final unless the Chair shall present the question to the Hearing Panel at the request of a member of the Hearing Panel, in which event, the ruling of the Hearing Panel by majority vote shall be final.
Hearing Panelist Role
- At least five (5) business days prior to the hearing date, the final investigative report and all exhibits will be provided to the Hearing Panel members.
- A Hearing Panel may question witnesses or evidence introduced by the Investigator, the Complainant or the Respondent at any time during the hearing process.
- A Hearing Panel may call additional witnesses and submit documentary evidence.
- A Hearing Panel may exclude a witness proposed by the Investigator, the Complainant or the Respondent if it is determined their testimony would be redundant or not relevant.
- A Hearing Panel may dismiss any person from the hearing who interferes with or obstructs the hearing or fails to abide by the rulings of the Hearing Panel Chair.
- The Hearing Panel will deliberate with no others present, except any legal advisor to the Hearing Panel, to find whether the Respondent is responsible or not responsible for the policy violation(s) in question.
- Finding based on a preponderance of the evidence.
- If a Student or Student Organization Respondent is found responsible by a majority of the Hearing Panel, the Hearing Panel will determine the appropriate sanctions which will be imposed by the Equity Officer.
- If a Faculty Respondent is found responsible by a majority of the Hearing Panel, the Hearing Panel will recommend appropriate sanctions to the Provost, who will determine and impose the appropriate sanctions.
Provisions for a Virtual Hearing
In the event of a virtual hearing, the Title IX Coordinator, or their deputy, will be present in the room to facilitate the technical components of the virtual hearing, and reserves the right at any time to stop the proceedings to adjust the technical aspects of the meeting space so that it adheres to the UM System Collected Rules and Regulations governing the operations of the hearing. The Title IX Coordinator will be providing no guidance or direction to the Panel when it comes to the subject matter being discussed, or deliberated.
Virtual Hearing Platform Requirements
- All participants must use the ZOOM platform through a computer. No participants will be allowed to "call in" using their telephone. The room link will be sent prior to the hearing.
- The Respondent and Complainant must use the authenticated, licensed ZOOM log in provided by the University.
- It is the Respondent and Complainant's responsibility to secure this authenticated program on their own device.
Hearing Procedures and Communication
- The Respondent and Complainant will be expected to follow the same procedural processes for a hearing as outlined in CRRs.
- Procedural questions can be submitted directly to the Panel Chair using the "chat" feature of ZOOM.
- All parties except the Panel Chair will remain "muted" unless it is an appropriate moment for them to speak as outlined in the procedures for a hearing, and they will be "unmuted" at those times.
- Advisors to the Respondent and Complainant will be "muted" at all times in the hearing room, it is the parties responsibility to find an alternative method of communication with their advisor through a third party messaging service if need be.
- During live cross examination, the advisors and responding party will be unmuted to allow for the answering of the question, and any objections to questions.
- The Respondent and Complainant will only be able to message the Panel Chair directly using the chat feature, and are encouraged to do so if they have a procedural question, or general inquiry.
- Witnesses will be held in the waiting room while the hearing proceeds, and be brought into the hearing when called by the chair.
- All parties will be provided separate, private "breakout rooms" where they will be able to confer with their advisor in private, and off the record, and may request a conference at any time by messaging the Panel Chair directly.