Issue link: http://howardcc.uberflip.com/i/858454
90 employee and third party alleged misconduct. These procedures may also be used to address collateral misconduct occurring in conjunction with harassing or discriminatory conduct (e.g., vandalism, physical abuse of another, etc.). The procedures, participants, sanctions and appellate process all apply to these proceedings related to alleged violations of this policy. However, to the extent such procedures are not otherwise specified or are in conflict with any procedures outlined by the HCC student code of conduct or the procedures applicable to the investigation of employee or third party conduct, the following procedures specific to the adjudication of violations of this sexual misconduct policy will apply: • The parties to the proceeding will have equitable rights including: notice of hearings to both parties; an opportunity for both parties to present witnesses and other evidence, such as information about the specific alleged violation but not about the complainant's prior sexual conduct with anyone other than the respondent. • The investigator(s) for the incident will serve as a non-voting member(s) of the student conduct committee panel. • For hearings related to an alleged violation of the sexual misconduct policy, neither the complainant nor the respondent are required to be present in the same room. Accommodations, including but not limited to listening to and participating in the hearing over the phone, may be made to allow either party to participate in the process without being present at the hearing location. Further, neither the complainant nor the respondent need to participate in the hearing as a prerequisite to proceed with the hearing. Failure of the complainant or respondent to appear at the hearing, after proper notice, will result in the committee making a decision through the hearing process in their absence. • The respondent cannot cross examine or personally question the complainant, and the complainant cannot cross examine or personally question the respondent. If the respondent or the complainant has questions for the other party, they may submit those questions to the hearing chairperson during the hearing. The hearing chairperson may use the submitted questions to inform which questions the hearing panel asks. • The parties will be afforded similar and timely access to information to be used during the proceeding. • Medical and counseling records are privileged and confidential documents, which students will not be required to disclose as evidence for the discipline process. • The parties are entitled to the same opportunities to have others present during the proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an adviser of their choice. For proceedings related to an alleged violation of the sexual misconduct policy, the adviser of choice can include legal representation. The adviser's role is to provide personal counsel and support to the respondent or complainant, but not to present the case or address the hearing panel, hearing Chairperson