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.
