What kinds of cross examination questions are allowed in a live hearing under the Title IX Final Rule?

Under the Title IX Final Rule, relevant cross-examination questions are allowed at a live hearing. A relevant question is a question that when asked would make it more likely to lead to a determination regarding the issue in dispute. The cross-examination question would have to be asked directly, orally, and in real-time by the party's adviser, and never by the party personally. Before a question is to be answered the decision-maker needs to make a determination regarding whether the question is relevant.

If it's relevant, it would need to be answered. If it's deemed to be irrelevant, an explanation as to why the decision maker has deemed it to be irrelevant needs to be stated on the record. Questions that challenge a party's credibility would also be allowed under the Title IX Final Rule.

Having an experienced attorney advisor will be your best ally if facing a Title IX hearing, and they should be involved in as early as possible in a case.

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