Appendix B: Expert Witness Testimony
This appendix sets forth the standards for the consideration of Expert Witness testimony in the investigation and adjudication of allegations of Prohibited Conduct under the Interim Sexual Misconduct Policy.
- Expert Witness — An Expert Witness is a person who is a specialist in a subject, often technical, who may present expert opinion without having been a witness to or having first hand personal knowledge relating to an allegation of Prohibited Conduct under this Policy.
- Hearing Officer — For purposes of this Appendix only, the term Hearing Officer means (i) the Hearing Officer appointed under Section VI.C, (ii) the University Disciplinary Committee for cases involving Student Respondents under Section VI.E, (iii) the Assistant Vice President of Human Resources, People and Organizational Effectiveness or designee for cases involving Staff Respondents under Section VI.E, or (iv) the Hearing Officer appointed for cases involving Faculty Respondents under Section VI.E.
Notice of Intent to Introduce Expert Witness Testimony
- A party who wishes to introduce Expert Witness testimony must provide written notice of the intent to introduce Expert Witness testimony no later than thirty (30) calendar days after receiving the Notice of Investigation issued under Section VI.B or no later than ten (10) calendar days after receiving notification that the other party intends to introduce Expert Witness Testimony, whichever date is later.
- After receiving Notice of Intent to Introduce Expert Witness Testimony, the Investigator shall provide written notice of such to all other Complainant(s) or Respondent(s) in the investigation.
- A party seeking to introduce Expert Witness Testimony must submit the name of the proposed Expert Witness and a copy of the Expert Witness’s Curriculum Vitae to the Investigator no later than ten (10) calendar days after submitting the notice of intent to introduce Expert Witness testimony under Section 2 above. The Investigator will promptly share the name and Curriculum Vitae of the proposed Expert Witness with all other Complainant(s) or Respondent(s) in the investigation.
Expert Report & Acceptance of Expert Witness Testimony in the Investigation
- Expert Witness testimony is admissible only when the Investigator determines that such testimony is potentially relevant to the investigation and where the investigator determines that the Expert Witness is qualified to provide such testimony. The Investigator may disallow and/or disregard any testimony or written report submitted by an Expert Witness if the Investigator determines that (i) the Expert Witness testimony is not potentially relevant to the investigation and/or (ii) the Expert Witness is not qualified to provide such testimony.
- An Expert Witness must submit a written report to the Investigator no later than fourteen (14) calendar days after the submission of the notice of intent to introduce Expert Witness testimony under Section 2 above.
- All evidence specific to the allegations that is used by the Expert Witness must be either included in the Expert Witness Report or separately produced to the Investigator for inclusion with the collected evidence.
- The Expert Witness must participate in a live interview with the Investigator.
- The Investigator has sole discretion to determine whether the written report of the Expert Witness, or any portion thereof, will be included in the Investigative Report prepared under Section VI.B. For example, the complete written report may be incorporated by reference into the Investigative Report and/or specific excerpts of the report may be included in the Investigative Report.
Admissibility of Expert Witness Testimony for Adjudication
- In order for Expert Witness testimony to be considered for purposes of adjudication under Section VI.C or Section VI.E of this policy, the Expert Witness must be available to testify at any live hearing and actually must testify at the live hearing if called to testify by the Hearing Officer or University Disciplinary Committee. The Expert Witness must submit to cross examination if cross examination is available under the applicable adjudication procedure.
- If an Expert Witness is not available to testify at the live hearing and/or does not testify when called to testify at the live hearing, the Hearing Officer may not consider any prior statement, testimony, or written report submitted by the Expert Witness in reaching a determination regarding responsibility.
- Excepted as specified below, the testimony of an Expert Witness may not exceed the scope of the written report, previously submitted by the Expert Witness. The Hearing Officer and/or UDC Board has sole discretion to determine whether testimony is within the scope of the written report and may strike and/or disregard any testimony, where necessary. The Hearing Officer and/or UDC Board may choose to permit Expert Witness testimony that exceeds the scope of the written report if it is determined that such testimony is necessary to rebut the testimony of another witness.
Extension or Waiver of Expert Witness Deadlines
- Any party may request an extension or waiver of any deadline in this Appendix by submitting a written request to the Title IX Coordinator and the Investigator. The written request must include an explanation of why the party is/was unable to meet the deadline. The Title IX Coordinator as sole discretion to extend or waive deadlines.
- The party seeking to introduce Expert Witness testimony is solely response for any all expenses and fees charged by Expert Witness.