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Frequently Asked Questions: Virtual Hearings

This page is structured to provide links to FAQ documents and answers to frequently asked questions about the University's Virtual Hearings.

If you have a question that is not answered on this page, please contact the Title IX Office

What technology is required to participate in a Virtual Hearing?

The Title IX Office within the University's Office for Equal Opportunity and Civil Rights (EOCR) uses Zoom [1] for investigations and hearings/meetings. Every participant will need a computer, laptop, tablet, or smart phone with a camera and an internet connection. If you do not have access to this technology, please contact the Title IX Office as soon as possible after receiving a Notice of Hearing at titleixoffice@virginia.edu, and preferably withing 48 hours, so that we can work with you to provide access to the necessary technology.

The Compliance Coordinator for the Title IX Office will send a password-protected Zoom meeting invite in advance of the Hearing to each party, the party's advisor (if they have one), the Decision Maker, and the court reporter. The Compliance Coordinator will provide support with technology throughout the  Hearing.

Who will be present during the virtual Hearing?

The individuals in attendance at the virtual hearing/meeting will be: (1) the parties and their respective advisors, if they have one, (2) the Decision Maker, (3) the Compliance Coordinator for the Title IX Office, and (4) a court reporter. Witnesses may also be present during their respective questioning. 

Can the parties have anyone else present with them in the virtual Hearing?

The parties may only have one advisor present with them during the Hearing; however, the Decision Maker will provide breaks to the parties as necessary and as requested to access support and other resources. 

Am I required to attend the virtual Hearing?

No. Participation is voluntary and any party or witness may elect not to participate in the Hearing. However, the University will convene the Hearing even if a party or parties elect not to participate. With respect to parties, no adverse inference will be drawn by the Decision Maker with respect to a party's election not to participate.

Can I record the Hearing?

No. The Title IX Office will have a certified court reporter present during the Hearing who will record the Hearing. A party may request a copy of the transcript at the conclusion of the Hearing. The transcript, if requested will be provided at no cost or fee.

Will I be able to confer privately with my advisor?

Yes. Each party will be provided a private Breakout Room in Zoom that can be used to confer privately with their advisor. The Compliance Coordinator is the only person who can access the Breakout Room during the proceedings and will make an announcement before doing so. In addition, the Decision Maker will provide the parties breaks to confer with their advisor upon request. 

How will I communicate with the Decision Maker during the Hearing?

All parties and their advisors will communicate any questions by emailing both the Decision Maker at their email address and the Title IX Office. In addition, the parties and their advisors may communicate with the Decision Maker verbally if they need a pause or break.

What steps is the University taking to ensure that individuals who should not have access to the Hearing cannot intrude (e.g. Zoom bombing)?

All video conference hearings are password-protected. The password will only be provided to participants in the Hearing. The Compliance Coordinator will monitor the participants and chat function to ensure that no unauthorized individuals access the hearing.

Will I be able to submit questions for the Decision Maker to ask the other party?

Yes. You can submit questions to the Decision Maker to ask the other party or any witnesses. Questions may be submitted by emailing both the Decision Maker at their email address and the Title IX Office. Parties may not directly question each other or witnesses.

How long will the Hearing last?

The timing is largely dependent on the complexity of the matter, the number of questions the Decision Maker or parties have, and the number of witnesses (if any). All parties should plan for a full day of availability; however, there will be opportunities for breaks. At any time, a party may elect to no longer participate. 

What if I need accommodations for a disability?

If you need reasonable accommodations to meaningfully participate in a virtual Hearing, please notify the Title IX Office as soon as possible, and preferably within seven calendar days in advance of the Hearing date to request such accommodations. The Title IX Coordinator will work with the Student Disability Access Center (SDAC) and/or the University's ADA Coordinator, as applicable, to arrange reasonable accommodations.

What if I need a translator or interpreter?

If you need translation or interpreter services to meaningfully participate in a virtual Hearing, please notify the Title IX Office as soon as possible. The Title IX Office will work with you to arrange necessary and appropriate services.

Why are in-person Hearings not being offered?

The Title IX Office has modified its Procedures to permit virtual hearings, at the discretion of the Title IX Coordinator. The parties will see and hear the Decision Maker, and other parties in a comparable format to the in-person hearings/meetings with the same level of due process and opportunities to participate as if it was in-person.

How do the new Title IX regulations impact virtual hearings?

On May 6, 2020, the Department of Education published new Title IX regulations that are in effect as of August 14, 2020. While these regulations govern conduct defined in the regulations (See http://titleix.virginia.edu for more information), the regulations do not restrict the University's ability to investigate and resolve conduct that occurs outside of the Title IX definitions. As such, while conduct at issue in a pending matter may fall outside the definition of sexual harassment in the new Title IX regulations, the University nonetheless would retain the authority to investigate and resolve such matters even after August 13. Thus, the University will continue to equitable process reports of this nature that fall outside the new Title IX definition of sexual harassment both before and after August 14, 2020, ensuring appropriate due process.


[1] Zoom is a video conferencing platform that can be accessed at http://virginia.zoom.us