Title IX Advisors
Federal regulatory requirements mandate that UTSA provide a party with an advisor at the live hearing if the party does not have one. The new regulations state the following: “If a party does not have an advisor present at the live hearing, the recipient must provide without fee or charge to that party, an advisor of the recipient’s choice, who may be, but is not required to be, an attorney, to conduct cross examination on behalf of that party.” 34 CFR § 106.45(b)(6).
In resolving a complaint of sexual harassment or sexual misconduct under Title IX, both the Complainant and the Respondent have the right to choose an Advisor to be present at the hearing.
What purpose does an Advisor serve?
Your Advisor may consult with you quietly or in writing during the hearing, or outside the hearing during breaks.
Your Advisor must conduct any questioning on your behalf during the hearing; this includes asking questions of the opposing party and any witnesses. Your Advisor should ask all relevant questions and follow-up questions, including those challenging credibility. Your Advisor may also object to questions on limited grounds.
What are the limitations of an Advisor?
Your Advisor cannot make a presentation on your behalf or otherwise represent you during the hearing; they cannot speak for you or answer questions posed to you.
Who can serve as an Advisor?
You may choose any person to act as your Advisor, including a parent or other family member, a friend, a trusted colleague, an advocate, or an attorney. Because your Advisor serves to assist you through the process, you can choose to modify your choice of Advisor, or to request a University Advisor (click blue button to see list of UTSA trained Advisors), at any time, although the hearing will not be unreasonably delayed due to such a change being made.
To allow us to share information with your Advisor, please submit an EOS/Title IX Office Release of Information (link). Please note that the EOS/Title IX Office does not accept a release of student or employee records over the phone.
What if I don’t have an Advisor?
UTSA will provide, without fee or charge, an Advisor of the University’s choice to conduct questioning on your behalf. You should contact the Title IX Coordinator or EOS/Title IX Office if you have questions or would like more information about a University-assigned Advisor.
What happens if my Advisor does not follow the Rules of Decorum?
Advisors who do not follow the Rules of Decorum as set forth by the Hearing Officer will be warned or dismissed from the hearing at the discretion of the Hearing Officer.