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Title IX Coordinator as a Non-Decision Making Personnel

Filed Under: Coordinator Role

Can a Title IX Coordinator serve as a non-decision-making procedural facilitator during the live hearing?


Yes. The Title IX regulations do not preclude a Title IX Coordinator from serving as a hearing officer whose function is to control the order and decorum of the hearing, so long as that role as a hearing officer is distinct from the “decision-maker” whose role is to, among other obligations, objectively evaluate all relevant evidence, apply the standard of evidence to reach a determination regarding responsibility, issue the written determination, and (during any live hearing with cross-examination) determine whether a question is relevant (and explain any decision to exclude a question as not relevant) before a party or witness answers a question. Whether or not serving as a hearing officer, the Title IX Coordinator (like the decision-maker and other Title IX personnel) must not have a conflict of interest or bias for or against complainants or respondents generally or against an individual complainant or respondent. 34 C.F.R. § 106.45(b)(1)(iii).

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