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An advisor is a support person who may be present to provide support to a Complainant or Respondent throughout an investigation, alternative resolution, and/or sanctioning process. An advisor may not be a party or witness in the matter or a related matter. An advisor may be an attorney. A representative from the University's Office of General Counsel may attend any proceeding where an attorney is serving as an advisor for any party is present. A union representative may serve as an advisor, where applicable.

Complainants and Respondents may be accompanied by one advisor throughout the investigation and any sanctioning process or alternative resolution, provided that the involvement of the advisor does not result in an undue delay of the process. It is the responsibility of each party to coordinate scheduling with their advisor for any meetings. At the written request of the party, OCR will copy an advisor on communication to the party. An advisor may not speak, write, or otherwise communicate with an investigator, panelist, or appeal reviewer on behalf of the Complainant or Respondent. OCR will not allow an advisor to review any document or to attend any meeting in the absence of the Party they are assisting. OCR will not consider or accept submissions and information from an advisor. If an advisor attempts to present information or submit documents on behalf of any Party, OCR will notify the Party and provide the Party a reasonable amount of time to submit the information or documents directly, however the Office will not extend procedural deadlines for this reason. If the Party elects not to submit the information or documents, OCR will not consider such information in the investigation or any resolution. Advisors may not engage in behavior or advocacy that harasses, abuses, or intimidates either party, a witness, or individuals involved in resolving the complaint. Advisors who do not abide by these guidelines may be excluded from the process.

The parties and their advisors are permitted to review the evidence solely for the purposes of this grievance process and may not photograph or disseminate the evidence.

Where a Party is a Student, prior to an Advisor participating in any meeting or receiving any documents as part of any process under this Policy, the Party must execute a FERPA waiver permitting the advisor to have access to the Party's education records related to the process.

Witnesses and advisors will be asked to keep any information learned in an investigation meeting private, to the extent consistent with applicable law.

At a hearing, the Parties’ advisors may conduct cross-examination questioning of the other party and any witnesses, asking all relevant questions and follow-up questiongs, including those challenging credibility.

While a party has the right to attend and participate in the hearing with an advisor, a party and/or advisor who materially and repeatedly violates the rules of the hearing in such a way as to be materially disruptive, may be barred from further participation and/or have their participation limited, as the case may be, in the discretion of the decision maker.

After the decision maker's questioning of a witness, the advisors may then cross-examine the witness, asking all relevant questions and follow-up questions, including those challenging credibility. The advisors will have the opportunity to conduct this questioning directly, orally, and in real time.

From the point a Formal Complaint is made, and until an investigation, adjudication, and appeal are complete, the Complainant and Respondent will have the right to be accompanied by an advisor of their choice to all meetings, interviews, and hearings that are part of the investigation, adjudication, and appeal process. The advisor may be, but is not required to be, an attorney.

Except for the questioning of witnesses during the hearing specified in Section II(H)(7), the advisor will play a passive role and is not permitted to communicate on behalf of a party, insist that communication flow through the advisor, or communicate with the University about the matter. The Office of Civil Rights and Title IX Compliance will not allow an advisor to review any document or to attend any meeting in the absence of the Party they are assisting. The Office will not consider or accept submissions and information from an advisor. If an advisor attempts to present information or submit documents on behalf of any Party, the Office will notify the Party and provide the Party a reasonable amount of time to submit he information or documents directly, however the Office will not extend procedural deadlines for this reason. If the Party elects not to submit the information or documents, the Office will not consider such information in the investigation or any resolution. In the event a party's advisor of choice engages in material violation of the parameters specified in this Section, the University may preclude the advisor from further participation, in which case the party may select a new advisor of their choice.

Where a Party is a Student, prior to an Advisor participating in any meeting or receiving any documents as part of any process under this Policy, the Party must execute a FERPA waiver permitting the advisor to have access to the Party's education records related to the process.

While a party has the right to attend and participate in the hearing with an advisor, an advisor who materially and repeatedly violates the rules of the hearing in such a way as to be materially disruptive, may be barred from further participation and/or have their participation limited, as the case may be, in the discretion of the decision maker.

In the event a party is not able to secure an advisor to attend the live hearing specified in Section II(H), the University will provide the party an advisor, without fee or charge, who will conduct questioning on behalf of the party at the hearing. The University will have sole discretion to select the advisor it provides. The advisor the University provides may be, but is not required to be, an attorney.

The University is not required to provide a party with an advisor in any circumstance except where the party does not have an advisor present at the hearing specified in Section II(H) and requests that the University provide an advisor.