With the new federal regulations set to take effect on August 14, 2020, K-12 school districts, colleges, universities, and other educational institutions covered by Title IX will have a number of new roles to fill.
The new regulations require that schools conduct hearings when determining whether their sexual misconduct policies were violated. The hearings must be live for higher education, and all hearings must allow for the ability to cross-examine parties and witnesses.
These hearings will come at the end of an investigation, which must be conducted by a trained investigator. The hearings must be staffed with a hearing chair and one or more decision-makers, who must also be trained. The process must allow for appeals of the hearing outcome – which must be handled by one or more trained appeals decision-makers, separate from the hearing decision-maker(s). And, the schools must provide an advisor to each party if they want one. The advisors provided by the school must also be trained, particularly given that the advisors are the ones who conduct the cross-examination at the hearing, since the parties are not allowed to directly cross-examine one another.
So, that leaves schools with the need to have, at the ready, trained investigators, hearing chairs, hearing decision-makers, appeals decision-makers, and advisors – more than many school districts and smaller colleges and universities are equipped to do.
Seeing this need, McCarty Law LLP has increased its Title IX offerings. In addition to a trained investigator, McCarty now has a team of attorneys trained and at the ready to fill the roles of hearing chair, hearing decision-makers, appeals decision-makers, and advisors. McCarty is happy to work with school districts and higher education clients in crafting the best packages for their needs, including at flat fee rates as needed.
Learn more about McCarty’s Title IX offerings by contacting Lora L. Zimmer at [email protected] or 920-257-2214.
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