University of Georgia Code of Conduct | 13
8. Formal judicial rules of evidence do not apply to
the formal resolution process, including during the
investigatory and hearing phase.
9. The Respondent, University Advocate, or
Complainant (where applicable), may request a
delay in the hearing. Such a request must be in
writing and submitted to the Director for Student
Conduct no later than one (1) business day prior to
the hearing. Reasons for a delay and the proposed
length of the delay must be included in the request
and a delay is not guaranteed. The Director for
Student Conduct or a designee will consider the
request and determine whether a delay will be
granted. If the reason given for the request
includes the need for more time to prepare for the
hearing AND it is determined that adequate notice
of hearing was given in accordance with the Code
of Conduct, a delay will not be granted. If it is
determined that the reasons for requesting the
delay show it to be necessary and a delay is granted,
the Respondent, Complainant (where applicable),
University Advocate and the Hearing Panel will be
notified no less than one (1) business day prior to
the hearing. The Respondent, as well as the
Complainant (where applicable), will receive
written notification of the new hearing date, time
and location at least five (5) business days prior to
the new hearing.
10. If the Office of Student Conduct needs to delay the
hearing, the Respondent, Complainant (where
applicable), University Advocate, and Hearing
Panel will be notified no less than one (1) business
day prior to the hearing. The Respondent will
receive written notification of the new hearing
date, time and location at least five (5) business
days prior to the new hearing.
11. Where a party or witness is unavailable, unable, or
otherwise unwilling to participate in the hearing,
(including being subject to cross-examination
during Title IX hearings), the Hearing Panel shall
not draw an adverse inference against the party or
witness based solely on their absence from the
hearing or refusal to subject to cross-examination.
Instead, the Hearing Panel may hear the case at its
discretion, and decisions will be based on evidence,
as well as any testimony or information, presented
at the hearing.
12. The Hearing Panel, members of the University
Judiciary, the Respondent going through the
formal hearing process, the Complainant (where
applicable), one Advisor per party, and approved
University officials are allowed to be in the hearing
room during formal hearing
proceedings. Witnesses will be invited at the
designated times as specified in the Hearing
Order, outlined below. All formal hearings are
closed to the public unless the Respondent requests
an open hearing and all requirements necessary to
open the hearing are satisfied.
13. It is expected that all persons making statements or
answering questions at the hearing do so truthfully.
14. Witnesses may not be present in the hearing room
until called for their presentation. Each witness will
be advised, by the Hearing Panel or Hearing
Officer, to refrain from discussing with any other
witness what transpired in the hearing room
during his/her presentation. Failure to respect this
request may result in witnesses being charged with
a conduct regulation violation. Witnesses will be
expected to remain available in the event they are
recalled or until they are excused by the Hearing
Panel, but they will not be restricted to a particular
room and will not be supervised.
15. Hearings shall be conducted in-person or via video
conferencing technology. If the student
participating in the hearing or a witness is
unavailable and unable to attend the hearing due to
extenuating circumstances, the Hearing Panel (or
in hearings involving allegations of sexual
misconduct, the Hearing Officer) has discretion to
allow that individual the opportunity to provide
testimony from a separate location. The Hearing
Panel (or in hearings involving allegations of sexual
misconduct, the Hearing Officer) shall assess
whether there is a valid basis for the unavailability
and make a determination that the manner in
which the testimony is provided will not unfairly
disadvantage any party. Should it be reasonably
believed that a party or witness who is not
physically present has presented tainted testimony,
the Hearing Panel will disregard or discount the
testimony.
Additionally, a party may request to provide
testimony from a separate location than the
opposing party. In such instance, measures must
be put in place to ensure no party is unfairly
disadvantaged by the separation and they have the
opportunity to view the testimony remotely and
submit any follow-up questions.
16. The Respondent and Complainant (where
applicable) shall be provided the opportunity to
question witnesses (including the other party) as
outlined in the Hearing Order below, and in
hearings involving allegations of sexual
misconduct, questions will be reviewed for
relevancy by the Hearing Officer. The Hearing
Officer shall ask the questions as written and will
limit questions only if they are irrelevant to
determining the veracity of the charge leveled
against the Respondent.
In Title IX sexual misconduct hearings, a party’s
Advisor shall ask any questions on cross-
examination of a witness, including the other party,
provided that the Hearing Officer shall review the
questions for relevancy before a response from the
witness is provided. The Hearing Officer will limit
questions when they are irrelevant to determining