Purpose of the Rules of Decorum

Hearings under the University’s Discrimination, Harassment, and Retaliation 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 Chair of the Hearing Panel 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 hearing process participants who are unwilling to observe these Rules of Decorum.

The Rules noted below apply equally to Complainants, Respondents, Witnesses, and Party 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

1. No party may act abusively or disrespectfully during the hearing toward any other party, or to witnesses, Party Advisor, or decision-makers (Hearing Panel or Hearing Officer).
2. Questions must be conveyed in a neutral tone.
3. Parties and Party Advisors will refer to other parties, witnesses, Party Advisors, and institutional staff using the name and gender used by the person which will be clarified at the Pre-Hearing Conference and shall not intentionally mis-name or mis-gender that person in communication or questioning.
4. A Party Advisor may not yell, scream, badger, or physically ‘‘lean in’’ to a party or witness’s personal space. Typically, a Party Advisor will ask questions while seated. Party Advisors may not approach the other party or witnesses without obtaining permission from the Chair of the Hearing Panel.
5. 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. Where a hearing occurs through an electronic platform such as Zoom, individuals should remain muted unless called upon to speak.
6. A Party Advisor 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.
7. A Party Advisor may not ask repetitive questions. This includes questions that have already been asked by the Hearing Panel, the Party Advisor in cross-examination, or the party or Party Advisor in direct statements. When the Chair of the Hearing Panel determines a question has been “asked and answered” or is otherwise not relevant, the Party Advisor must move on.
8. When cross-examining a party or witness, Party Advisors shall not characterize, express an opinion about, editorialize, or otherwise state any response to the answer given by the party or witness except to ask a follow-up question to elicit relevant evidence.
9. Parties and Party Advisors may take no action or engage in 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 Chair of the Hearing Panel has sole discretion to determine if these Rules of Decorum have been violated.

Upon a violation of the Rules, the Chair of the Hearing Panel will alert the participants of the violation and warn the offending person that a further violation will not be tolerated. The Chair of the Hearing Panel 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 a Party Advisor asks a relevant question in a manner that violates the Rules of Decorum, such as yelling, screaming, badgering, or leaning-in to the witness or party’s personal space, the question may not be deemed irrelevant by the decision-maker simply because of the manner it was delivered. Under that circumstance, the decision-maker will notify the Party 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 Party Advisor. See, 85 Fed. Reg. 30331.