The Role of an Advisor in the Title IX Process
Any Complainant or Respondent involved in an investigation has the right to an advisor to accompany them to meetings or hearings with the Title IX Office.
Throughout the investigation and resolution process, each party has the right to choose and consult with an Advisor. The Advisor may be any person, including an attorney, paid for by the Student. The parties may be accompanied by their respective Advisors at any meeting or proceeding related to the investigation and resolution of a report under these Procedures.
The advisor may assist the party by helping to prepare materials, draft questions, and confer with the party during meetings and hearings, as long as this does not unreasonably disrupt or delay the process. The advisor also represents the party by asking questions of the other party and witnesses at the hearing; however, the advisor may not make statements on behalf of the party. If a party does not have an advisor to ask the other party and/or witnesses questions at the hearing, one will be appointed for this purpose by the institution
- To select your own advisor, the student should notify the Title IX Office. If a party is being represented by an attorney, or an Advisor not provided by the University, they must advise the Title IX Coordinator at least forty-eight(48) hours prior to the scheduled meeting or hearing, and a University assigned Advisor will no longer be provided.
- An advisor may be called as a witness to provide testimony. If the Advisor is an attorney, such an Advisor may invoke the attorney-client privilege. If a party’s Advisor is also a witness; the party may have an alternative advisor temporarily step in to question the advisor/witness.
- Advisor shall be provided a copy of all materials. The Complainant or Respondent can advise otherwise in writing stating they don’t want their advisor to receive materials.
- Advisors may be dismissed from any meetings or hearings if they disrupt the process or proceeding. Although the Advisors may provide support and advice to the party they represent at any meeting and/or proceeding, they may not, in any manner, disrupt such meetings and/or proceedings. The University reserves the right to remove any individual whose actions are disruptive to the proceedings. If an advisor is removed for failure to abide by the hearing rules, the hearing will continue after a new advisor is appointed by the University, who may or may not be an attorney.
- The role of the advisor is the same whether or not the advisor is an attorney. The university conduct process is an educational endeavor, not a legal proceeding.
- An appointed Advisor will be made available. If a party does not choose an Advisor or the chosen advisor becomes unavailable, the University will appoint an advisor for the party, who may or may not be an attorney.
- All participants shall adhere to the guidelines set forth in the Title IX Procedures.
If you have any questions or would like additional clarification regarding the investigation process, please contact the Title IX Investigator.