If a party or witness chooses not to submit to cross-examination at the hearing, either because they do not attend the meeting, or they attend but refuse to participate in questioning, then the Decision-Maker(s) may still rely on prior statements included within the investigation report.
The Decision-Maker(s) may not draw any inference solely from a party’s or witness’s absence from the hearing or refusal to answer cross-examination or other questions.
If a party’s Advisor of choice refuses to comply with Cottey’s established rules of decorum for the hearing, Cottey may require the party to use a different Advisor. If a recipient-provided Advisor refuses to comply with the rules of decorum, Cottey may provide that party with a different Advisor to conduct cross-examination on behalf of that party.