An important and complicated procedure awaits those accused of sexual misconduct by the institution or college Title IX disciplinary process. The implications might be disastrous. A Title IX advisor in Texas should be retained immediately after being informed of the accusation due to the high stakes and the fast-moving time frame for disciplinary inquiry and hearings. Disciplinary action and a record of the event might follow a judgement of guilt on your academic record. Transferring to a different university, getting into a coveted graduate program, or landing a job at an appealing firm will be very difficult, if not impossible, as a result. Click here for more details.
When Suing Under Title IX, Do The Plaintiff And The Defendant Both Receive A Title IX Advisor?
To settle an accusation of sexual assault or misconduct under Title IX, both Petitioner and the Accused might choose an advisor to attend the hearing together. As per the laws established by the federal government, the university is obligated to provide an adviser to any party that does not possess one during actual hearings. Any parties who have no adviser available at the proceedings and who might/might not even be a lawyer can have a Title IX advisor perform interrogation on their behalf for no fee under Title IX guidelines.
What Is The Role Of A Title IX Advisor?
In the course of the inquiry and hearing, an advisor’s job is critical. Apart from the break periods throughout the hearing, advisors may communicate with you discreetly, in writing, or by phone during these times. As part of the hearing, your adviser is responsible for interrogating all parties involved, including the opposite side and any witnesses they may call. Your adviser should ask all relevant and follow-up questions, especially those that challenge the legitimacy of the information you are receiving. Your adviser may oppose a question. The party’s Title IX Advisor must be present at all meetings and interviews in which a party is expected to participate. Title IX Advisors should be included to help the parties prepare for meetings and interviews. Title IX Advisors are expected to provide ethical and integrity-based guidance.
Who Is Qualified To Serve As An Advisor?
Your advisor might be anyone: your parents, a relative, a friend, a reliable coworker, or even a lawyer. You are free to switch advisors at any point or ask for assistance from a university advisor; however, this will not unduly prolong the hearing procedure. Your advisor is there to guide and support you throughout the process. During the initial phases of the settlement proceedings, a Title IX Advisor may not be necessary. However, they must be appointed later to lead interrogations at the hearing. The party can choose their own Title IX Advisor rather than accepting the one that has been provided to them. Nevertheless, if they do not have an advisor present during the hearing, they will not be able to proceed with the hearing any further. This is since neither side has the option to interrogate the opposition or any witnesses directly.
What Happens If I Don’t Have Access To An Advisor?
At no additional expense to you, the university will provide you with an Advisor of its preference to handle questioning on your account. Consult the Title IX Coordinator or visit the EOS/Title IX Office in case of any questions or concerns about an advisor that the university has assigned to you or if you need additional information. If a party chooses to replace its Title IX Advisors while the proceedings are ongoing, that party must provide the Title IX Coordinator with a notice of the change within a reasonable amount of time.
What Are An Advisor’s Limitations?
When it comes time to testify at the hearing, your advisor cannot give a statement on your behalf or act as a representative for you. All Title IX Advisors are subject to these rules and procedures, irrespective of having a legal background. Title IX Advisors must adhere to stringent criteria regarding their behaviour. If investigators have permitted you to speak to government officials in meetings or interviews, you should do so only to inquire about procedural matters. Title IX Advisors aren’t allowed to make opening or closing remarks at meetings or procedures (this includes instances during hearings). Neither Investigators nor Decision-Makers may see a Title IX Adviser on behalf of an advisor.
What If My Advisor Fails To Adhere To The Rules Of Decorum?
There will be consequences for advisors who do not adhere to the Hearing Officer’s Rules of Decorum, including warnings or dismissal from the hearing. There will only be one warning issued to Title IX Advisors who go above and beyond the regulations that define their obligations. If an advisor disrupts or fails to adhere to the rules of their job, the meetings and interviews will be cancelled. What happens next if a Title IX Advisor doesn’t follow the rules is up to the Title IX Coordinator. The Title IX Coordinator can bar an advisor from future briefings. Choosing a new Title IX Advisor will be an option open to both parties.
Benefits Of Hiring An Attorney As An Advisor
Hiring an attorney to serve as an advisor during the inquiry process could be advantageous. Experienced attorneys have fought several cases to recognize certain factors and evidence that will be crucial in a trial.
Having a knowledgeable Title IX attorney on your side allows you to:
- Give impartial assistance to the student who is being accused throughout the whole procedure.
- Take strategic judgments to construct the most effective defence possible against potential allegations.
- Prepare the student who is being charged for any interviews or hearings that may take place throughout the disciplinary process.
- Ensure that the institution follows the policies and procedures established to comply with Title IX.
- Record the procedure to provide the student with assistance in drafting a formal appeal if one is required.
A Title IX lawyer may defend you if the accuser files an appeal, and you can also file your appeal if the hearing panel decides that you are responsible for the misconduct.