Purpose of the Rules of Decorum
Hearings under the University’s Sexual Harassment Policy and accompanying Discrimination Grievance Procedures are not civil or criminal proceedings and are not designed to mimic formal trial proceedings. They are primarily educational in nature, and the U.S. Department of Education, explained that it “purposefully designed” the regulations applicable to such proceedings to allow universities “to retain flexibility to adopt rules of decorum that prohibit any party advisor or decision-maker from questioning witnesses in an abusive, intimidating, or disrespectful manner.” 85 Fed. Reg. 30026, 30319 (May 19, 2020).
The Hearing Chair has wide discretion to oversee the hearing format and has broad authority to take steps needed to maintain an orderly, fair, impartial, and respectful hearing, including the authority to excuse from the adjudication process participants who are unwilling to observe these Rules of Decorum.
The Rules noted below apply equally to Complainants, Respondents, witnesses, and advisors. These Rules of Decorum require that all participants in the hearing treat others who are engaged in the process with respect.
Rules of Decorum
- No party may act abusively or disrespectfully during the hearing toward any other party, witness, advisor, or hearing panel.
- Questions must be conveyed in a neutral tone.
- An advisor may not yell, scream, or badger a party or witness.
- Any person attending or participating in the hearing should refrain from disrupting the hearing, and from making gestures, facial expressions, audible comments, or the like, as manifestations of approval or disapproval during any testimony. Individuals should remain muted unless called upon to speak.
- A person may not use profanity (except where such language is relevant) or make irrelevant ad hominem attacks upon a party or witness.
- Questions should test the knowledge of the party or witness or reveal information that assists in understanding a fact.Questions may not include accusations within the text of the question
- Questions shall not characterize, express an opinion about, editorialize, or otherwise state any response to the answer given by the party or witness.
- Questions should not be repetitive. This includes questions that have already been asked by the Investigator.
- When the Hearing Chair determines a question has been “asked and answered” or is otherwise irrelevant, the advisor will have the opportunity to revise or rephrase the question. If the Hearing Chair determines the question remains irrelevant or “asked and answered,” the advisor must move on.
- Parties and advisors may take no action or engage in any conduct that is intended to, or does, intimidate any person (whether party, witness, or official) into not participating in the Grievance Proceedings or modifying their participation in the Proceedings.
Warning and Removal Process
The Hearing Chair has sole discretion to determine if these Rules of Decorum have been violated.
Upon a violation of the Rules, the Hearing Chair will alert the participants of the violation and warn the offending person that a further violation will not be tolerated. The Hearing Chair shall have discretion to remove the offending person from all or part of the Proceeding, and take any other reasonable procedural measures, such as hearing adjournment, in order to ensure compliance with these Rules.
Relevant Questions Asked in Violation of the Rules of Decorum
If an advisor asks a relevant question in a manner that violates the Rules of Decorum, such as yelling, screaming, badgering a witness or party, the question may not be deemed irrelevant by the Hearing Chair simply because of the manner it was delivered. Under that circumstance, the Hearing Chair will notify the advisor of the violation of the Rules, and, if the question is relevant, will allow the question to be re-asked in a respectful, non-abusive manner by the advisor. See, 85 Fed. Reg. 30331.