Administrative Hearings Officer

State of Colorado
Full Time $185,000 - $205,000 Per year CO Colorado
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Overview

Department Information

To apply, please go to:

Description of Job

Duties and Responsibilities:

  • Review the investigative case file from the applicable campus Equity Office (Anschutz/Denver, Boulder or Colorado Springs) in preparation for the Pre-Hearing Conference and Live Hearing for each sexual misconduct case. Equity Offices will remain embedded in current campus administrative structures and will be funded and resourced by campus leadership and system according to campus priorities, in consultation with the VP.
  • Preside over virtual, live pre-hearing conferences with the parties and their advisors (ordinarily attorneys) as facilitated by the university’s Administrative Hearing Coordinator. Pre-hearing conferences cover the following:
    • (1) the identification of the support persons for the parties;
    • (2) order of parties and witness participating/testifying in the hearing;
    • (3) identification of exhibits from the investigative case file; and
    • (4) reviewing rules of decorum and hearing procedures pursuant to Hearing Manual.
  • Preside over live, virtual hearings for the purposes of cross-examination of sexual misconduct cases. The hearing is limited to questioning of parties and previously disclosed witnesses.
  • Maintain an orderly, fair, and respectful hearing process  at all times and ensure a cross-examination process that is compliant with university policies and procedures. Specifically, the AHO will ensure that the cross-examination conforms to the evidentiary guidelines of the hearing process.  The AHO also has broad discretion and authority to respond to disruptive or harassing behaviors, including adjourning the hearing, excluding disruptive persons (parties, witnesses, advisors or support persons, etc) or refer disruptive persons to other university offices for further resolution.
  • In collaboration with University Counsel, prepare a final written determination following the live hearing as promptly as possible that includes:
    • Identification of the conduct allegedly constituting sexual misconduct
    • A description of the procedural steps
    • Findings of fact supporting the determination
    • Conclusions regarding the application of the sexual misconduct policy to the facts
    • A statement of and rationale for the result as to each allegation, including a determination of regarding responsibility
  • In collaboration with all four campuses and OERC, update and maintain hearing process templates and Hearing Manual, in compliance with university policy and applicable law.
  • Participate in training sessions as required by university policy and federal law  and assist with training of outside hearing officers and university-assigned advisors.
  • Remain up to date on university policies and federal laws.
  • Ensure that applicable law, University policy, and procedural rules are observed and applied equally to all parties and advisors and conduct proceedings free of bias or conflict of interest.

Minimum Qualifications, Substitutions, Conditions of Employment & Appeal Rights

Minimum Qualifications:

  • Juris Doctorate from an accredited institution of higher education
  • Ten (10) years’ professional experience including:
    • Presiding over or representing parties in legal or administrative proceedings involving allegations of sexual assault, dating/domestic violence and stalking or equivalent professional experience

Preferred Qualifications:

  • Twelve (12) years’ professional experience as detailed above

Knowledge, Skills, and Abilities:

To be successful in this position, employees will need to know the following:

  • Knowledge of state and federal laws, regulations and guidelines related to sexual assault, interpersonal violence and stalking in higher education, including Colorado Non-Discrimination Act, Colorado SB19-007, Title IX, Title VI, and Title VII.
  • Knowledge of state and federal laws regarding privacy and confidentiality of student and employee records, including Colorado Open Records Act, Family Educational Rights and Privacy Act.
  • Demonstrated ability to preside over live cross-examination, apply evidentiary rules and follow applicable policy and procedures
  • Demonstrated ability to ensure rules of decorum in live hearing with attorney advisors
  • Demonstrated ability to make administrative and procedural decisions and judgments on sensitive issues
  • Interpersonal skills, including ensuring respectful and fair hearing process for those alleging sexual misconduct, those accused of sexual misconduct, their advisors and support persons and any witnesses.
  • Excellent writing skills, including ability to promptly draft final determination including findings of fact and application of policy to facts
  • Excellent organizational skills, including the ability to set and meet goals and deadlines, manage appointments, create schedules, coordinate and facilitate meetings, and make decisions
  • Ability to self-start and take initiative in completing daily tasks and special projects
  • Critical thinking skills, including the ability to identify problems, questions, and assumptions; establish significance; and understand logical connections between ideas
  • Ability to maintain adaptability to meet changing demands
  • Ability to perform complex tasks and to prioritize multiple projects
  • Ability to work in a collaborative environment with diverse internal and external audiences
  • Ability to maintain discretion when dealing with sensitive matters
  • Collaboration skills, including the ability to work with others from different areas and backgrounds to reach a common goal
  • Presentation skills, including the ability to collect, evaluate, display, and deliver information to a variety of audiences in a way that is easily understandable
  • Conflict management skills, including the ability to remain impartial, get disparate and adverse parties to reach consensus, and negotiate amicable resolutions in order to maintain cohesion and cooperation
  • Ability to follow and uphold ethical guidelines, standards, and integrity and adhere to core character values of trustworthiness, respect, responsibility, fairness, caring, and good citizenship
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