Appendix B: Information Regarding Advisors
The parties may each have an advisor of their choice present with them for all meetings, interviews, and hearings within the grievance process, if they choose. The parties may select any individual to serve as their advisor provided the advisor is eligible and available. “Available” means the party may not insist on an advisor who lacks the willingness, time, or availability. Also, the advisor may not hold an institutionally conflicting role, such as being a supervisor who must monitor and implement sanctions.
Choosing an advisor who is also a witness in the grievance process creates the potential for bias and a conflict of interest. A party who chooses an advisor who is also a witness should anticipate that issues of potential bias may be examined by the hearing panel.
- Who Can Serve as an Advisor
The advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and/or consult with them throughout the grievance process. The parties may choose advisors from inside or outside of the Ohio University community.
Parties may choose not to have an advisor in the initial stages of the grievance process, prior to the hearing. - The Advisor’s Role in Meetings and Hearings
The parties may be accompanied by their advisor of choice at all meetings at which the party is entitled to be present, including intake and interviews. The advisor may help the party prepare for each meeting and is expected to advise ethically, with integrity, and in good faith. - Advisors in Hearings/Ohio University Appointed Advisor
Under Title IX regulations, the parties are not permitted to directly question each other or any witnesses. Instead, each party’s advisor must question the other party and the witnesses on their behalf. If a party does not have an advisor for a hearing, or if the advisor will not conduct questioning, Ohio University will appoint an advisor for the limited purpose of asking the other party and witnesses the questions provided by the party being advised. A party may decline this appointment and select their own advisor who will conduct questioning; however, a party may not proceed without an advisor.
If a party does not participate in the hearing, their advisor of choice may still attend for the purpose of questioning the other party and witnesses on their behalf, or they may request a university-appointed advisor and provide them with questions to ask in the party’s absence. - Advisor Violations of Ohio University Expectations
All advisors, whether attorneys or not, are subject to the same University policies and procedures. Advisors are expected to advise their advisees without disrupting proceedings. Advisors may not make presentations or represent their advisee during any meeting or proceeding, and they may not speak to the investigators or the hearing panel on behalf of their advisee, except for the purpose of asking questions of the other party and witnesses during a hearing.
The parties are expected to communicate and respond to questions on their own behalf throughout the investigation phase of the grievance process. Although the advisor generally may not speak on behalf of their advisee, the advisor may consult with their advisee, either privately as needed or by quietly conferring or passing notes during any grievance process meeting, interview, or hearing. For lengthier or more involved discussions, the parties and their advisors should ask for breaks to allow for private consultation.
Any advisor who oversteps their role as defined by this policy will typically be warned only once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the meeting or hearing will be ended or other appropriate measures implemented. Subsequently, the Title IX Coordinator will determine how to address the advisor’s non-compliance and future role. - Sharing Information with the Advisor
Ohio University understands that the parties may wish to have the University share documentation and evidence related to the allegations with their advisors. There is an expectation of privacy around information and evidence shared with the parties during the investigation and hearing; however, parties may share this information directly with their advisors. Doing so may help the parties participate more meaningfully in the grievance process. (The parties have discretion to share their own knowledge and evidence with others if they so choose. Parties are encouraged to discuss any sharing of information with their advisors before doing so.)
Parties may also sign a consent form that authorizes Ohio University to share such information directly with their advisor. The parties must complete and submit this form to the Title IX Coordinator or the investigators before the University is able to share records with an advisor.
At the discretion of the Title IX Coordinator, Ohio University will comply with a party’s request that all communications be made through an attorney who is serving as the party’s advisor in the grievance process. - Privacy of Records Shared with the Advisor
Advisors are expected to keep the records shared with them private. They may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by Ohio University. The Title IX Coordinator may seek to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by Ohio University’s privacy expectations. - Expectations of an Advisor
Ohio University generally expects advisors to make themselves available to attend grievance process meetings as scheduled. However, if doing so will not cause an unreasonable delay, the investigators may change scheduled meetings to accommodate an advisor’s inability to attend.
The investigators may also make reasonable provisions to allow an advisor who cannot attend in person to participate in a meeting by telephone, videoconference, or other similar technology, as available and appropriate. - Expectations of the Parties with Respect to Advisors
A party may elect to change advisors during the grievance process and is not obligated to use the same advisor throughout. The parties are expected to inform the investigators of the identity of their advisor when the advisor first participates with the party and to provide timely notice to the investigators if they change advisors at any time during the grievance process.
It is assumed that if a party changes advisors, consent to share information with the previous advisor is terminated, and a release for the new advisor must be secured. Parties are expected to inform the investigators of the identity of their hearing advisor at least fifteen business days before the hearing so that the advisor may be properly listed in the notice of hearing that must be sent to the parties no less than ten business days before the hearing.
For parties who are entitled to union representation, the University will allow the unionized employee to have their union representative, if requested by the party, as well as an advisor of their choice present for all grievance process meetings, interviews, and hearings. To uphold the principles of parity, the other party, regardless of union membership, will also be permitted to have two advisors. Witnesses are not permitted to have union representation or advisors in grievance process interviews, meetings, or hearings.