civil-rights-and-sexual-misconduct-reporting-response-procedure-8-25-2021.pdf

parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available. The College cannot guarantee equality with respect to the background, qualifications and skills of Advisors selected by the parties. This means that if one party selects an Advisor who is an attorney, but the other party does not select an attorney or cannot afford an attorney to serve as an Advisor, the College is not obligated to provide that party with an attorney. 1. Advisor Selection a. The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of the College community. b. The TIXC will also offer to assign a trained Advisor for any party if the party so chooses. If a party chooses an Advisor from the pool available from the College, the Advisor will be trained by the College and be familiar with this Procedure. c. Choosing an Advisor who is also a witness in the process creates potential for bias and conflict-of-interest. A party who chooses an Advisor who is also a witness can anticipate that issues of potential bias will be explored by the Hearing Decision- Maker(s). 2. Advisor Role a. Process A/Title IX requires that both parties be provided with the opportunity to conduct cross-examination during the hearing, which must be conducted by the parties’ Advisors. The parties are not permitted to directly cross-examine each other or any witnesses. If a party does not have an Advisor for a hearing, the College will appoint a trained Advisor for the limited purpose of conducting any cross-examination. b. A party may reject this appointment and choose their own Advisor, but they may not proceed without an Advisor. If the party’s Advisor will not conduct cross- examination, the College will appoint an Advisor who will do so thoroughly, regardless of the participation or non-participation of the advised party in the hearing itself. Extensive questioning of the parties and witnesses will also be conducted by the Hearing Decision-Maker during the hearing. c. The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. D. Investigation Process All investigations will be conducted in a thorough, reliable, impartial, prompt, and fair manner.

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