Party and Advisor Rights and Expectations
Final regulations governing the Title IX sexual harassment grievance process require the College to allow each party to select an advisor of the party’s choice to accompany, advise, and assist the party with navigating the grievance process. If a party does not have an advisor, the College will provide an advisor of its choice without fee or charge to that party for the limited role of conducting cross-examination on behalf of that party at any hearing on a Title IX formal complaint.
The College retains significant flexibility and discretion regarding expectations for advisors and parties during the grievance process. All restrictions on the participation of parties and advisors during the grievance process apply equally to both parties.
The purpose of this document is to explain the rights and equal restrictions applicable to parties and advisors, as well as the consequences for failure to comply with these expectations.
Rights
- Parties in the Title IX sexual harassment grievance process have the right to be assisted by an advisor of choice during all portions of the process. The College does not restrict the right of each party to select an advisor with whom the party feels most comfortable and who the party believes will best assist them.
- Advisors may be friends, family members, attorneys, or other individuals with whom the party has a trusted relationship.
- Regardless of whether a party has an advisor, the College will objectively evaluate relevant evidence and use investigators and decision-makers free from bias or conflicts of interest.
- The College does not guarantee that parties will have advisors with similar backgrounds, experience, or qualifications. An advisor may be, but does not need to be, an attorney or a paid representative.
- The status of a party’s advisor, the financial resources of any party, or any perceived benefit to the College will never affect the College’s compliance with Title IX regulations.
- The Title IX grievance process includes a live hearing. At the hearing, the decision-maker(s) must allow each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.
- Cross-examination must be conducted directly, orally, and in real time by the party’s advisor and never by a party personally.
- Only relevant questions may be asked. Decision-maker(s) must determine relevance before a question is answered and explain any exclusion.
- Questions about a complainant’s sexual predisposition or prior sexual behavior are not relevant unless permitted under Title IX regulations.
- If a party does not have an advisor at the live hearing, the College will provide one without fee or charge to conduct cross-examination.
- The College will attempt to accommodate schedules of parties, advisors, and witnesses, but the process may proceed if participation cannot be secured after reasonable efforts.
- If an advisor also serves as a witness, the decision-maker may consider any perceived conflict of interest when evaluating credibility.
- With the party’s consent, the College may copy the advisor on evidence for inspection and review and the investigative report. The party is responsible for forwarding communications to the advisor if needed.
Expectations
- Parties may confer with their advisors during the grievance process, but breaks will be limited and may not occur while a question is pending.
- Information obtained through the Title IX process may be used only for purposes of the grievance process and may not be disclosed or disseminated.
- Parties must personally answer questions during interviews and hearings. Advisors must remain silent unless authorized to speak.
- The College may enforce rules of decorum to ensure respectful, non-abusive participation.
- No party or advisor may act abusively, disrespectfully, use profanity, or make irrelevant personal attacks.
- All parties and advisors must comply with applicable policies, codes of conduct, and institutional guidelines throughout the process.
Consequences
By participating in the Title IX process, parties and advisors agree to comply with the expectations outlined in this document.
Failure to comply may result in consequences, including removal of an advisor from the process and the requirement that the party select a different advisor. Additional consequences may apply under relevant policies and codes of conduct.
The Title IX Coordinator or designee has sole discretion to determine whether expectations have been violated. In most cases, a verbal warning will be issued for a first violation, though exceptions may be made based on severity. Repeated violations may result in immediate consequences without warning.
If an advisor is removed, reasonable delays may occur to allow the party to secure a new advisor, but such delays are not guaranteed.