All parties are permitted to bring an Advisor of their own choosing to any meeting or interview to provide support. The advisor may be any person, including a family member or an attorney. The Advisor may accompany the Complainant or Respondent to any and all portions of the grievance process. Other than asking questions of the other party, or of witnesses, at the hearing, the Advisor may not participate directly in, or interfere with, the proceedings.
Although reasonable attempts will be made to schedule proceedings consistent with an Advisor’s availability, the process will not be delayed to schedule the proceedings or hearing at the convenience of the Advisor. The Hearing Officer has the discretion to remove the Advisor from the proceedings if the Advisor interferes with the proceedings. For any Complainant or Respondent who does not have an Advisor at the hearing, one will be provided, at no charge, for purposes of conducting any cross-examination of the other party or witnesses.
An Advisor may not be called as a witness at a hearing to testify to what their advisee has told them during their role as an Advisor unless the party being advised consents to that information being shared. It is otherwise considered off-limits, and an Advisor who is an institutional employee is temporarily alleviated from mandated reporter responsibilities related to their interaction with their advisee during the Resolution Process.
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 Resolution Process. The parties may choose Advisors from inside or outside of the Otis Collegecommunity.
The Title IX Coordinator will also offer to assign a trained Advisor to any party if the party so chooses. If the parties choose an Advisor from the pool available from the College, the Advisor will have been trained by the College and be familiar with the College’s Resolution Process.
If the parties choose an Advisor from outside the pool of those identified by the College, the Advisor may not have been trained by the College and may not be familiar with College policies and procedures.
Parties also have the right to choose not to have an Advisor in the initial stages of the Resolution Process, prior to a hearing.
Advisor’s Role in Meetings and Interviews
The parties may be accompanied by their Advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help the parties prepare for each meeting and are expected to advise ethically, with integrity, and in good faith.
The College cannot guarantee equal Advisory rights, meaning that if one party selects an Advisor who is an attorney, but the other party does not or cannot afford an attorney, the College is not obligated to provide an attorney.
Where applicable under state law or Otis College policy, Advisors or attorneys are permitted to fully represent their advisees or clients in resolution proceedings, including all meetings, interviews, and hearings. Although Otis College prefers to hear from parties directly, in these cases, parties are entitled to have evidence provided by their chosen representatives.
Advisors in Hearings/Otis College-Appointed Advisor
Under the Title IX Regulations, a form of indirect questioning is required during the hearing but must be conducted by the parties’ Advisors. The parties are not permitted to directly question each other or any witnesses. If a party does not have an Advisor for a hearing, the College will appoint a trained Advisor for the limited purpose of conducting any questioning of the parties and witnesses.
Pre-Interview Meetings
Advisors and their advisees may request to meet with the Investigator(s) conducting interviews/meetings in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and Otis College’s policies and procedures.
Advisor Violations of Otis College Policy
All Advisors are subject to the same Otis College policies and procedures, whether they are attorneys or not, and whether they are selected by a party or assigned by the College. Advisors are expected to advise their advisees without disrupting proceedings. Advisors should not address College officials or Investigators in a meeting or interview unless invited to do so (e.g., asking procedural questions). The Advisor may not make a presentation or represent their advisee during any meeting or proceeding and may not speak on behalf of the advisee to the Investigator(s) or decision-maker(s) except during a hearing proceeding during questioning.
The parties are expected to ask and respond to questions on their own behalf throughout the investigation phase of the Resolution 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 conferring or passing notes during any Resolution Process meeting or interview. For longer 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, or who refuses to comply with the College’s established rules of decorum for the hearing, will be warned. If the Advisor continues to disrupt or otherwise fails to respect the limits of the Advisor role, the meeting/interview/hearing may be ended, or other appropriate measures implemented, including the College requiring the party to use a different Advisor or providing a different College-appointed Advisor. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.
Sharing Information with the Advisor
The College expects that the parties may wish to have the College share documentation and evidence related to the allegations with their Advisors.
The College provides a consent form that authorizes the Otis College to share such information directly with a party’s Advisor. The parties must either complete and submit this form to the Title IX Coordinator or provide similar documentation demonstrating consent to a release of information to the Advisor before the College is able to share records with an Advisor.
If a party requests that all communication be made through their attorney Advisor, the College will not] comply with that request OR will comply with that request at the discretion of the Title IX Coordinator.
Advisors appointed by the institution will not be asked to disclose details of their interactions with their advisees to institutional officials or Decision-makers.
Privacy of Records Shared with Advisor
Advisors are expected to maintain the privacy of the records shared with them. These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by Otis College. [Advisors will be asked to sign Non-Disclosure Agreements (NDAs).] Otis College may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by the Otis College’s privacy expectations.
Expectation of an Advisor
Otis College generally expects an Advisor to adjust their schedule to allow them to attend College meetings/interviews/hearings when planned, but the CollegeCollege may change scheduled meetings/interviews/hearings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.
The Otis College may also make reasonable provisions to allow an Advisor who cannot be present in person to attend a meeting/interview/hearing by telephone, video conferencing, or other similar technologies as may be convenient and available.
Expectations of the Parties with Respect to Advisors
A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. The parties are expected to inform the Investigator(s) of the identity of their Advisor at least two (2) business days before the date of their first meeting with Investigators (or as soon as possible if a more expeditious meeting is necessary or desired).
The parties are expected to provide timely notice to the Title IX Coordinator if they change Advisors at any time. 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 should be secured. Parties are expected to inform the Title IX Coordinator of the identity of their hearing Advisor at least two (2) business days before the hearing.
Assistance in Securing an Advisor
For representation, Respondents may wish to contact organizations such as:
Complainants may wish to contact organizations such as:
- The Victim Rights Law Center
- The National Center for Victims of Crime, which maintains the Crime Victim’s Bar Association
- The Time’s Up Legal Defense Fund
Advisor for Hearing
Each party is entitled to one advisor at the hearing. The role of the Hearing Advisor is to ask questions of the party they are advising, the other Party, and of witnesses, but not to advocate for, or otherwise speak on behalf of, the advisee during the hearing.
No party will be permitted to ask direct questions of the other Party, or of a witness. An advisor of the College’s choosing will be provided for any party who does not have an advisor, if that party wishes to conduct cross-examination. The advisor will be invited to attend a pre-hearing meeting with their party, which will be scheduled by the Hearing Officer for no later than three (3) business days before the hearing.
This meeting will be an opportunity to understand the hearing process and afford each party an opportunity to ask questions pertaining to the hearing process. The Hearing Officer will also review possible questions for the hearing, should the parties or advisors elect to submit them in advance.