Filed Under: Advisor
The regs require all personnel directly involved in carrying out the recipient’s Title IX duties to be trained in a manner that promotes a recipient’s compliance with these final regulations. The Department notes that this would include any advisors, graduate students, contractors, volunteers, or third-party agents who are performing roles that are directly involved in carrying out the recipient’s Title IX duties. Does this reference to advisors mean party advisors in the Title IX resolution process? Or academic advisors, or some of kind of advisors?
Section 106.8(d)(2) requires all individuals who are responsible for implementing the recipient’s grievance procedures or have the authority to modify or terminate supportive measures to receive training related to their responsibilities under Title IX. Likewise, § 106.8(d)(3) and (4) require all facilitators of an informal resolution process under § 106.44(k) and all Title IX Coordinators and their designees to receive additional training related to their responsibilities in such roles. For this reason, any advisor employed by a recipient who is responsible for implementing a recipient’s grievance procedures, has the authority to modify or terminate supportive measures, facilitates an informal resolution process, or acts as a Title IX Coordinator or designee would be required to receive this additional training. For example, an academic advisor who has the authority to modify or terminate academic supportive measures would need to be trained by the recipient consistent with §106.8(d)(2). The Department notes that § 106.8(d) only requires recipients to train their employees and would not apply to individuals who are not employees of the recipient. See 89 FR 33550.