What happens if a party does not submit to cross examination at a live hearing under the Title IX Final Rule?

Under the Title IX Final Rule, if a party or a witness refuses to submit to cross-examination at a live hearing, the decision-makers can not rely on any statement of that party or witness in reaching a determination regarding responsibility provided, however, that the decision-makers can not draw an inference regarding responsibility based solely on the party or witnesses, absence from the live hearing or refusal to submit the cross-examination or other questions.

Having an experienced attorney advisor will be your best ally if facing a Title IX hearing. They can help you navigate and understand the process and they should be involved from as early as possible in the case.

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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 our offices today, and let us help secure your academic career.

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