Complainant and Respondent can choose a Morehouse provided Advisor or can choose their own Advisor.
Advisor can be anyone, including, but not required to be an attorney.
Advisor may be a member of Morehouse community; but, is not required to be.
Advisor is not prohibited from having a conflict of interest or bias in favor of or against Complainants or Respondents generally, or in favor or against the Parties to the particular case.
Communication with Advisors:
It is the responsibility of the Complainant and Respondent to communicate with the Advisor regarding allegations, times and dates of meetings, hearings, outcomes, and any other information regarding the case.
The Investigators, Title IX Coordinator, Assistant Coordinator, and Deputy Coordinators will not discuss the case with any Advisor.
Advisors may not participate directly in any meeting involving the case.
Advisors may provide advice to the Complainant or the Respondent through quiet conversation or written notes in any meeting related to the case.
What can Advisors do:
Attend any meeting or hearing with the respective Complainant or Respondent regarding the case, if invited by the respective Complainant or Respondent.
If a party does not have an advisor present at the Live Hearing, Morehouse must provide without fee or charge to that party, an Advisor of Morehouse's choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party. [§106.45 (b)(6) (i)]
At the Live Hearing, the decision-maker(s) must permit each party’s Advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility. [§106.45 (b)(6) (i)]
Such cross-examination at the Live Hearing must be conducted directly, orally, and in real-time by the Party’s Advisor of choice and never by a Party personally, notwithstanding the discretion of Morehouse under Sec. 106.45 (b)(5)(iv) to otherwise restrict the extent to which Advisors may participate in the proceedings.
Other than cross-examination, Advisors may not participate in the hearing and may only communicate with the Party whom they advise in the case through whispers or written word.
Role of Advisor at Live Hearing:
If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf. 85 Fed. Reg. 30026, 30340 (May 19, 2020).
If neither a party nor their advisor appears at the hearing, Morehouse will provide an advisor to appear on behalf of the non-appearing party. See, 85 Fed. Reg. 30026, 30339-40 (May 19, 2020).
What Advisors cannot do:
Neither the Complainant nor the Respondent (or their Advisors, including but not limited to family members and/or legal counsel) may copy, remove, photograph, print, image, videotape, record, or in any manner otherwise duplicate or remove the information provided.
Advisor shall not engage in conduct that is disruptive to the investigative process.
Misbehaving Advisors will be removed from any meeting or hearing.