Understanding the Role of an Advisor in Title IX Cases: Why Having a Lawyer Matters
The Role of an Advisor in a Title IX Case
I. Introduction
If you’ve been accused of a Title IX violation—such as sexual harassment or sexual assault—the university may require you to obtain an advisor. Many students and parents feel confused about what that means. Whether the allegations are false or stem from a personal conflict, understanding the advisor’s role is critical to protecting your rights and building your defense.
II. Role of an Advisor
Under 34 C.F.R. § 106.45(b)(6)(i), both the Complainant (accuser) and Respondent (accused) have the right to an advisor of their choice. This can be a parent, faculty member, or attorney. An advisor supports, guides, and advocates for the student throughout the Title IX process—from investigation to the final hearing.
a. Role During the Investigation
During the investigative phase, an advisor can:
Attend all interviews and meetings with their advisee.
Answer procedural questions about the Title IX process.
Review and respond to evidence and the final investigation report.
Ensure that the student’s rights under Title IX are fully protected.
b. Role During the Hearing
Every college and university must hold a live hearing under 34 C.F.R. § 106.45(b)(6)(i). This stage often determines the outcome of the case. A strong advisor can make a major difference by:
Conducting the cross-examination of the opposing party, witnesses, and investigators (students cannot question witnesses themselves).
Protecting the advisee by understanding procedural safeguards and university policies.
If a student does not select an advisor, the Title IX Coordinator will assign one—but it may not be someone with the experience or dedication your case requires.
III. Who Should Be Your Advisor?
Your advisor should be familiar with Title IX law and procedures. Title IX hearings are complex and often resemble courtroom trials, requiring skill in evidence analysis, advocacy, and procedural compliance.
a. Can This Turn Into Criminal Charges?
Absolutely. Allegations of sexual harassment or assault often lead the university to contact local law enforcement. An experienced advisor or attorney must carefully assess your case to avoid self-incrimination or parallel criminal exposure.
b. Should You Get a Lawyer?
Yes. While any person can serve as an advisor, only a lawyer provides the training, legal expertise, and confidentiality necessary for effective representation.
A lawyer-advisor offers:
Experience in cross-examination and courtroom procedure.
In-depth understanding of university Title IX rules.
Assistance in preparing opening and closing statements.
Skill in challenging or excluding evidence from the final report.
Attorney-client privilege, which keeps your information confidential.
Faculty members, though well-intentioned, are not trained litigators and are not bound by attorney-client privilege. In contrast, a lawyer can provide zealous advocacy and ensure that every procedural right is protected.
IV. Conclusion
If you or your child is facing Title IX allegations, professional representation can make all the difference.
Contact our office today for a free consultation at 801-373-6345 or email [email protected].
We’ll help you understand your rights, prepare your defense, and protect your future.
