Filed Under: Advisor
Question:
If a postsecondary institution must provide a party with an advisor pursuant to 34 C.F.R. § 106.45(b)(6)(i) (i.e., because the party appeared at the live hearing without an advisor of choice), can the provided advisor be an employee of the institution or must such an advisor be independent of the institution?
Answer:
The Title IX regulations do not preclude a postsecondary institution from providing an advisor who is an employee of the institution to serve as a party’s advisor for purposes of cross-examination, if the party does not have an advisor.