Advisors

For students only, an Equitable Resolution Procedures ("ERP") advisor (referred to in this subsection only as “advisor”) is a person who may accompany a student or recognized student organization who is an affected party, complainant, or respondent during any meeting or proceeding related to a report or Equitable Resolution Procedures ("ERP") complaint. Advisors are strictly optional, and the choice of whether or not to utilize an advisor is up to each party.

Student complainants and respondents involved in the ERP may be accompanied by one advisor of their choice, provided that the selection of the advisor does not cause an undue delay of the ERP. It is the responsibility of each party to coordinate scheduling with their advisor for any meetings. The University will not delay meetings or proceedings to accommodate an advisor’s availability.

An advisor may not speak, write, or otherwise communicate on behalf of a party. Advisors may not engage in behavior or communications that harass, abuse, or intimidate any party, witness, or other individual involved in the matter. Advisors who do not abide by these guidelines may be removed from any meeting and excluded from serving in an advisor role, and the process may continue without an advisor present.

An advisor may be any person of the party’s choosing, including an attorney. When an advisor is also an attorney, this must be disclosed to the University, and the advisor is still limited to the supportive and non-representative role described above. An attorney of the University’s choosing may also attend any proceeding whenever an attorney serving as an advisor is present.

Any student party may request assistance from the Office for Equity & Compliance ("OEC") in identifying an available advisor (this is not available to parties who are faculty or staff employees). However, the University cannot ensure or guarantee the quality or availability of any University-provided advisor.

Advisors are expected to maintain the privacy of any records shared with them. Such records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the University, unless required by law. Advisors will not be compelled to participate as a witness in any investigation. The University may restrict the role of any advisor who does not respect the sensitive nature of the ERP or who fails to abide by the University’s privacy expectations.

A Grievance Process advisor (referred to in this subsection only as “advisor”) is a person who may accompany an individual who is an affected party, complainant, or respondent during any meeting or proceeding related to a report or Grievance Process complaint. Advisors are strictly optional, with the exception of being required to present the advisee’s proposed questions during a hearing, and the choice of whether or not to utilize an advisor throughout the rest of the Grievance Process is up to each party.

All complainants and respondents involved in the Grievance Process may be accompanied by one advisor of their choice, provided that the selection of the advisor does not cause an undue delay of the Grievance Process. It is the responsibility of each party to coordinate scheduling with their advisor for any meetings. The University will not delay meetings or proceedings to accommodate an advisor’s availability.

An advisor may not speak, write, or otherwise communicate on behalf of a party, with the limited exception of presenting the advisee’s proposed questions to other parties or witnesses during the hearing. Advisors may not engage in behavior or communications that harass, abuse, or intimidate any party, witness, or other individual involved in the matter. Advisors who do not abide by these guidelines may be removed from any meeting and excluded from serving in an advisor role, to be replaced with another advisor of choice or, if needed, an advisor assigned by the University.

An advisor may be any person of the party’s choosing, including an attorney or union representative for employees who are members of a union, as described in the applicable collective bargaining agreement. When an advisor is also an attorney, this must be disclosed to the University, and the advisor is still limited to the supportive and non-representative role described above. An attorney of the University’s choosing may also attend any proceeding whenever an attorney serving as an advisor is present.

Any complainant or respondent may request assistance from the Office for Equity & Compliance ("OEC") in identifying an available advisor, and an advisor will be provided who is aligned with the party’s interests. However, the University cannot ensure or guarantee the quality of any University-provided advisor.

Advisors are expected to maintain the privacy of any records shared with them. Such records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the University, unless required by law. Advisors will not be compelled to participate as a witness in any investigation or hearing. The University may restrict the role of any advisor who does not respect the sensitive nature of the Grievance Process or who fails to abide by the University’s privacy expectations.

During a Grievance Process hearing, the parties’ advisors will have the opportunity to cross-examine other participating parties and witnesses (if any). Such cross-examination must be conducted directly, orally, and in real time by the party’s advisor and never by a party personally.

The role of the advisor at a live hearing is not to represent a party, but only to relay the party’s cross-examination questions that the party wishes to have asked of the other party and witnesses. If a party does not have an advisor present at the live hearing, the University will provide – without fee or charge to the party – an advisor of the University’s choice, to perform the limited function of presenting the advisee’s questions to the other party and/or witnesses.

Each party must prepare their questions, including any follow-up questions, for the other party and witnesses, and provide them to their advisor. The advisor will ask the questions as the party has provided them, and may not ask questions that the advisor has developed without their party. Each party’s advisor may pose relevant and permissible questions to the opposing party and witnesses, subject to the limitations set forth in Article 3, subsection VI(C), including those challenging credibility.

The protocol for presenting questions by an advisor is as follows. Each question will first be proposed by the advisor to the hearing chairperson (or a designee), who will assess whether the question is relevant. If the question is relevant, the hearing chairperson will “affirm” the question and direct the questioned individual to respond. If the question is not relevant or is otherwise prohibited, the hearing chairperson will “exclude” the question, direct the questioned individual not to answer the question, and immediately and succinctly explain the reasoning for exclusion. Parties and their advisors may not object to proposed questions; the hearing chairperson has sole discretion in affirming or excluding questions.

If a party or witness does not participate in the live hearing, does not submit to cross-examination, or refuses to answer permissible questions from the hearing administrators or advisors, the hearing administrators may, at their discretion and based on the totality of the circumstances, assign limited or no weight to statements or information provided by that party or witness in reaching a determination regarding responsibility. The hearing administrators may not make any inferences regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.