Student Handbook

3.6.2.2 - Rights of the Responding Party

  1. The Responding Party has the right to be present throughout the hearing but not during the deliberation of the Hearing Officer or Hearing Panel.
  2. The Responding Party has the right to remain silent. If silence is maintained, the outcome of the hearing will be determined on the information presented. The Hearing Officer or Hearing Panel may not draw any inference from a Responding Party's choice to remain silent.
  3. The Responding Party has the right to respond to the allegations against them.
  4. The Responding Party has the right to review the information presented and, in certain circumstances, may question the Reporting Party and any witnesses who present information at the hearing. In cases of Interpersonal Violence, the Responding Party will not be permitted to directly question an alleged victim. In Interpersonal Violence cases, questions will be posed by the Responding Party to a member of the Hearing Panel or the Hearing Officer and then transmitted to the Reporting Party unless deemed inappropriate or irrelevant by such officer. 
  5. The Responding Party has the right to present pertinent information and witnesses to substantiate their position. Witnesses must be present at the hearing and their lack of attendance is not cause for appeal. If a witness has a conflict, the Dean of Students may, in their sole discretion, approve submission of a written statement in advance of the hearing to be introduced at the hearing.
  6. The Responding Party has the right to be assisted in all matters within the Student Conduct Process by a current member of the Xavier community (student, faculty, or staff member) (the "Advisor"). The Advisor may help a Responding Party prepare their position, but may not present it or speak for or on behalf of the Responding Party at the hearing. The Advisor may attend the hearing. Except as provided in 3.6.2.2.6(a) the Advisor may not be an individual who has specialized legal training, including someone possessing a Juris Doctor degree, or other legal degree, even if such person is a member of the Xavier community and does not currently practice law. Independent legal counsel may be retained and consulted by the Responding Party, but may not attend the hearing or represent the Responding Party at any stage of the Student Conduct Process. See Section 1.3.5.6 ("Independent Legal Counsel") of this Handbook. The Advisor may not be the Responding Party's parent, even if the parent is a member of the Xavier community.
    1. In matters involving allegations of Interpersonal Violence, Responding Parties have the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice. The Advisor may help a Responding Party prepare their position but may not present it or speak for or on behalf of the Responding Party at the meeting or proceeding. In matters of Interpersonal Violence, the Responding Party may have both an external, non-Xavier advisor of choice (e.g. lawyer, family member) and an internal Xavier support person (e.g. Xavier Integritas Advisor). Responding Parties are encouraged to engage the services of an Integritas Advisor who are Xavier faculty and staff members trained to provide support and assistance at all phases of the student conduct process. Integritas Advisors are required to report Sex Discrimination, including Interpersonal Violence, to Xavier’s Title IX and Interpersonal Violence Response Office and therefore are not able to guarantee confidentiality. For more information on the Integritas Advisor program see the Dean of Students website: http://www.xavier.edu/dean-of-students/
  7. The Responding Party has the right to submit a request for appeal of the outcome of a hearing. The request must be made as described in Section 3.6.7 ("Appeals").