The Role of an Advisor in the Title IX Process
Right to an Advisor. Any Complainant or Respondent involved in a Title IX investigation or resolution process has the right to an advisor of their choice, including an attorney at the party’s expense, to accompany them to meetings and the live hearing.
Advisor Participation. Advisors may help their party prepare materials, draft questions, and confer with their party during meetings and the hearing, provided they do not unreasonably disrupt or delay the process. At the live hearing, the advisor must conduct cross‑examination of the other party and witnesses directly, orally, and in real time. Parties are not permitted to conduct cross‑examination themselves.
Appointment of an Advisor for Hearing. If a party does not have an advisor for the live hearing, the University will appoint an advisor at no cost to the party for the limited purpose of conducting cross‑examination. The appointed advisor may or may not be an attorney.
Selecting and Notifying Advisors. Parties may select their own advisor at any time. To assist with logistics, parties are asked to notify the Title IX Office of their chosen advisor (including attorneys) at least 48 hours in advance of a scheduled meeting or hearing when feasible. If a party’s chosen advisor is unavailable for the live hearing, the University will appoint an advisor so the hearing may proceed in compliance with federal regulations.
Access to Materials. Parties receive access to evidence and investigation materials and may share those materials with their advisor. Parties may also authorize the University to share materials directly with their advisor. A party may decline in writing to share materials with their advisor.
Advisor as Witness. To avoid conflicts of interest and preserve process integrity, advisors will not serve as witnesses in the same matter. (If an exception is requested, it requires advance approval by the Title IX Coordinator; attorney‑client privilege may be limited or waived if an advisor testifies.)
Decorum and Removal. Advisors must follow the University rules of decorum. Advisors may be removed from a meeting or hearing for disruption; if removal occurs during a hearing, the hearing will pause until a University‑appointed advisor is provided to ensure the party’s right to cross‑examination is preserved.
Attorneys as Advisors. While the advisor’s Title IX role is the same regardless of whether the advisor is an attorney, attorneys may have additional professional obligations under state bar rules. The University’s process is educational in nature and not a court proceeding.
Need an Advisor? The University can appoint an advisor upon request or when required for the hearing. If you have questions, please contact the Title IX Office.
Resources for Advisors. Advisor Resource Guide for Title IX Investigations and Hearings (Sept. 2021), by the SUNY Student Conduct Institute, is available under a Creative Commons Attribution–NonCommercial–ShareAlike 4.0 International license. Marshall University does not claim ownership; attribution: SUNY SCI.
If you have any questions or would like additional clarification regarding the investigation process, please contact the Title IX Investigator.