Prepared Advisors; Effective Hearings; Clear Outcomes
In a Title IX dispute, the parties are entitled to be supported by advisors of their choice throughout the grievance process. Additionally, in the higher education setting, if a party does not have their own advisor, the institution is required to provide an advisor for the purpose of conducting cross-examination. Are the advisors supporting parties at your school effectively helping their advisees through the process? Are they conducting effective cross-examination to help the decisionmaker understand the evidence supporting disputed facts? Or are they interrupting and delaying proceedings and making it harder for your Title IX team to do their job?
When advisors are knowledgeable the Title IX grievance process, including the definitions of Title IX sexual harassment, what evidence is relevant and what evidence is impermissible, and how to effectively present their party’s perspective, the whole process runs more smoothly.
In our experience, advisors are often unprepared to be effective in their role. Frequently, appointed advisors are employees of the institution who have minimal training related to Title IX and likely little or no experience conducting cross-examination. As a result, being asked to serve in this role is nerve-racking. And even if they were trained when they were first appointed to your panel of advisors, they may have forgotten that training by the time they are asked to serve.
Advisors chosen by parties, on the other hand, are often either friends or family members with no Title IX or “litigation” experience or attorneys who specialize in areas of the law that are very different from the Title IX grievance process. Without a baseline of knowledge, an unprepared advisor can inadvertently cause delays, confuse or frustrate their advisee (or the investigator or decision-maker), or lead the hearing off track.
To help bridge this gap, we have developed a new resource specifically for Title IX Coordinators to deploy within their institutions. We have packaged the fundamental information advisors need into a one-hour recorded on-demand video training. New advisors, appointed or chosen, can watch the video when they take on their role, providing practical and timely information and guidance to serve effectively.
The training strikes a strategic balance: it provides enough detail and nuance for advisors to feel confident in a hearing, without being so dense that it becomes a barrier to participation.
What the training covers:
- The Fundamentals: A clear breakdown of the Title IX sexual harassment definitions and jurisdictional requirements.
- The Grievance Process: A step-by-step walkthrough of the advisor’s role from the initial investigation to the final determination.
- The Art of Cross-Examination: Practical guidance on how to ask questions that elicit relevant information while adhering to the “rape shield” protections and other evidentiary rules.
- Additional Support: Helping advisors understand how to support their party throughout the grievance process, including responding to directly related evidence, drafting opening and closing statements, and considering any bases for appeal.
Whether you are onboarding a new staff member to your advisor pool, hiring an external appointed advisor, or need to provide an introduction or refresher for a party’s chosen advisor, this resource will meet your needs. Schools can download the video and provide it to advisors on-demand, ensuring that every participant in your process starts with the same high-level foundation of knowledge.
Investing in advisor preparation isn’t just about compliance; it’s about the integrity and efficiency of the process. When advisors know the rules of engagement, hearings are more productive, parties feel heard, and your institution reduces the risk of procedural appeals.
To purchase this resource or if you have questions about this resource or are seeking training for other team members (coordinators, investigators, decisionmakers, informal resolution facilitators), you can reach out to us at titleix@thompsonhorton.com.
