Advisers provide assistance and guidance to complainants and respondents during an investigation under the Title IX Sexual Harassment policy or the University Sexual Misconduct policy.  Advisers may be copied on correspondence between the Office of Gender Equity and Title IX Administration and the complainant or respondent; however, Advisers may not act as proxies for/on behalf of the parties (that is, parties are expected to correspond directly with the Office of Gender Equity and Title IX Administration, rather than their Advisers doing so).  In addition, Advisers may attend any meeting, interview, or hearing connected with the grievance process; however, Advisers may not actively participate in meetings or interviews – e.g., Advisers may not answer questions posed to a party during an interview.

The Adviser may attend the hearing; participate in conducting cross-examination of witnesses and parties as permitted under our policies; and, at the discretion of the Presiding Hearing Panelist, provide a closing statement.  Otherwise, the Adviser may not actively participate in the hearing.  For more information regarding cross-examination under the Title IX Sexual Harassment policy and the University Sexual Misconduct policy, see the Hearing FAQs.

Parties (the complainant and the respondent) who are involved in investigations, hearing, and appeals under the Title IX Sexual Harassment policy and the University Sexual Misconduct policy may each have an Adviser.  Witnesses are not entitled to have Advisers.

Parties may select Advisers of their choosing.  This may include members of the University community as well as external individuals, including attorneys.

No.  Parties are responsible for identifying and choosing their Advisers for themselves, as well as reaching out to that Adviser regarding their availability to serve as an Adviser.

Yes.

In certain circumstances, yes. The University will provide certain financial resources to assist in that engagement when parties select an Adviser from the pool assembled by the University and made available to the University community (which is referred to as the “University External Adviser Program”). If a party selects an Adviser who is not a member of the University External Adviser Program, the University will not provide financial resources to assist in that engagement.

The Advisers in the University External Adviser Program have received training on applicable University policies and procedures and they are attorneys in good standing. They have agreed to accept a set fee to provide advising through the entire grievance process (including, if applicable, an appeal).  
 

It is important to note that the party – and not the University – is responsible for selecting and working with an Adviser; the University does not and will not direct the Adviser’s work.  In all cases, it is the party’s responsibility to contact the Adviser, arrange a consultation with them, and notify the Office of Gender Equity and Title IX Administration of their selection.

Upon being notified that a matter will be proceeding to the formal grievance process under the Title IX Sexual Harassment process or the University Sexual Misconduct process, parties will be provided with detailed information regarding the University External Adviser Program, including contact information for all of the participating Advisers.  

We strongly recommend that parties schedule a brief consultation with several of the participating Advisers in order to find the best match.  During the consultation, parties should feel free to ask questions and should choose an Adviser with whom they feel comfortable and have a good rapport.

A party may choose to change Advisers at any time.  However, the expectation for the University External Adviser Program is that a party will remain with their Adviser throughout the grievance process absent extenuating circumstances. If a party initially selects one Adviser through the External Adviser Program and subsequently seeks to switch to another Adviser from the External Adviser Program, the party should first speak to the Director of Gender Equity and Title IX Administration. The University will consider on a case by case basis (depending on the stage of the investigation/adjudication, the reason for the desired switch, etc.) whether financial resources can be provided by the University to a new Adviser.

Although it is strongly recommended that parties have Advisers, parties are not required to do so, other than with respect to the following exception:  in cases under the Title IX Sexual Harassment policy, if a party does not have an Adviser present at the hearing to conduct cross-examinations of parties and witnesses, the University will provide without fee or charge to that party an Adviser selected by the University to conduct such cross-examinations.

Any individual who serves as an Adviser is expected to make themselves available for meetings and interviews throughout the investigation process, as well as the hearing, as scheduled by the University.  Advisers are expected to behave respectfully and appropriately and to abide by University policy. 

In addition, Advisers are expected to provide the following assistance to parties:  assist in preparing for interviews; assist in review of the case file, Investigative Report, and other relevant documents; assist in drafting any written submission; assist in preparing for pre-hearing meeting and hearing, including preparing proposed cross examination questions and witness lists; conduct cross-examination (as appropriate) at the hearing; and assist with appeal process, if applicable.

No.  However, complainants and respondents may be accompanied to any meeting related to the alternate resolution process by a support person, who must be a member of the University community (e.g., a current student, faculty, or staff member).  Certain administrators, including residential college staff and Graduate School administrators, receive training related to providing support during the alternate resolution process.  For a list of administrators who have received such training, as well as additional information regarding the alternate resolution process, see the Alternate Resolution Process FAQs.