Title IX Coordinator Role (Response 5/22/2020)

Filed Under: Coordinator Role
Question:

Does OCR have a view on whether the Title IX Coordinator can serve as a non-voting procedural facilitator during the live hearing?

Answer:

The Rule does 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 determine 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.  The Title IX Coordinator, however, 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 an individual complainant or respondent pursuant to § 106.45(b)(1)(iii).

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