1. What does an Advisor do?
An Advisor accompanies a party to meetings related to the resolution process, advises the party on that process, and conducts cross-examination for the party at the hearing, if one is held.
2. Do both the Complainant and the Respondent in a Title IX case get an Advisor?
Yes, both parties have the right to an Advisor of their choosing. Each party may select whomever they wish to serve as their Advisor, as long as the Advisor is eligible and has no institutionally conflicting roles (such as being a Title IX Coordinator, a supervisor who would implement sanctions in the event of a finding of responsibility, or a witness in the process).
3. Who can serve as an Advisor?
The Parties may each have an Advisor (friend, mentor, family member, attorney, or any other individual a party chooses) present with them for all meetings, interviews ,and hearings within the Resolution Process, including intake. The Parties may select whomever they wish to serve as their Advisor as long as the Advisor is eligible and available.
The Title IX Coordinator will offer to assign a trained Advisor to any party if the party chooses. If the Parties choose an Advisor from the pool available from NPC, NPC will have trained the Advisor and familiarized them with NPC’s Resolution Process.
NPC 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, NPC is not obligated to provide an attorney to advise that party.
A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.
NPC may permit Parties to have more than one Advisor, or an Advisor and a support person, upon special request to the Title IX Coordinator. The decision to grant this request is at the Title IX Coordinator’s sole discretion and will be granted equitably to all Parties.
If a party requests that all communication be made through their attorney Advisor instead of to the party, NPC will agree to copy both the party and their Advisor on all communications.
Advisors appointed by the institution cannot be Confidential Employees, and although they will not be asked to disclose details of their interactions with their advisees to institutional officials or Decision-makers absent an emergency, they are still reminded of their Mandated Reporter responsibilities.
4. What is an Advisor’s role in the investigative process?
Advisors should help the Parties to prepare for each meeting and are expected to advise ethically, with integrity, and in good faith. Advisors may not provide testimony or speak on behalf of their advisee unless given specific permission to do so.
The Parties are expected to ask and respond to questions on their own behalf throughout 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.
5. What happens if an Advisor breaks the rules outlined in #4?
Any Advisor who oversteps their role as defined by the Policy, who shares information or evidence in a manner inconsistent with the Policy, or who refuses to comply with NPC’s established rules of decorum, 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 NPC requiring the party to use a different Advisor or providing a different NPC-appointed Advisor. Subsequently, the Title IX Coordinator will determine how to address the Advisor’s non-compliance and future role.
6. Is my Advisor allowed access to information collected as evidence during the Title IX case?
Advisors are entitled to the same opportunity as their advisee to access relevant evidence, and/or the same written investigation report that accurately summarizes this evidence.
Advisors are expected to maintain the confidentiality of the records NPC shares with them, per Section 17 of the Policy addressing Confidentiality. Advisors may not disclose any NPC work product or evidence NPC obtained solely through the Resolution Process for any purpose not explicitly authorized by NPC.
Accordingly, Advisors will be asked to sign Non-Disclosure Agreements (NDAs). NPC may decline to share materials with any Advisor who has not executed the NDA. NPC may restrict the role of any Advisor who does not respect the sensitive nature of the process or who fails to abide by NPC’s confidentiality expectations.
7. Can an Advisor schedule a meeting with the Title IX Coordinator?
It is permitted for an Advisor to request to meet with the Title IX Coordinator in advance of these interviews or meetings. This pre-meeting allows Advisors to clarify and understand their role and NPC's policies and procedures.
8. Can a party change Advisors during the Title IX resolution process?
Yes. A party may elect to change Advisors during the process and is not obligated to use the same Advisor throughout. Parties are expected to provide the Title IX Coordinator with timely notification if they change Advisors. If a party changes Advisors, consent to share information with the previous Advisor is assumed to be terminated, and a release for the new Advisor must be submitted.
9. Are there any other expectations of an Advisor?
NPC generally expects an Advisor to adjust their schedule to allow them to attend NPC meetings/interviews/hearings when planned, but NPC may change scheduled meetings/interviews/hearings to accommodate an Advisor’s inability to attend, if doing so does not cause an unreasonable delay.
NPC 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.
All Advisors are subject to the same NPC policies and procedures, whether they are attorneys or not, and whether they are selected by a party or appointed by NPC. Advisors are expected to advise without disrupting proceedings.
- See a complete list of NPC Trained Advisors.
