Are live hearing with cross examination required of K-12 schools under the Title IX Final Rule?

Under the Title IX Final Rule, a K-12 school or other institution that is not a post-secondary institution may have a live hearing with cross-examination, although it is not required to do so. The K-12 school, for example, can decide responsibility either through a live hearing with cross-examination or through the investigation process. Whether the school has a live hearing or not, cross-examination would still take place at a prior point in the process.

After the investigation report is initially provided to the parties, the complainant, the respondent, the parties who would have a designated amount of time to follow up with relevant cross-examination questions that would be presented to the other party and a response would be provided and there would be limited follow-up. Fundamentally, a K-12 school or other institution that is not a post-secondary institution does not have to have a live hearing, although they are allowed to do so. Having an experienced attorney advisor will be your best ally if you're facing a Title IX concern or a Title IX case. They can help you navigate and understand the process.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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