Filed Under: Cross Examination
Question:
If a party refuses to participate in cross-examination at the postsecondary level, will the refusal be held against them?
Answer:
The Title IX regulations state:
“If a party or witness does not submit to cross-examination at the live hearing, the decision-maker(s) must not rely on any statement of that party or witness in reaching a determination regarding responsibility; provided, however, that the decision-maker(s) cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.” 34 C.F.R. § 106.45(b)(6)(i)