Title IX- Advisors
Each party is allowed to have an advisor of their choice present with them for the formal resolution procedures that include informational meetings, intake, investigative interviews, and appeal. The parties may select whomever they wish to serve as their advisor as long as the advisor is eligible and available, and usually not otherwise involved in the investigation, such as serving as a witness.
- The advisor may be a friend, mentor, family member, attorney, advocate, process advisor, or any other supporter a party chooses to advise them.
- Witnesses cannot also serve as advisors.
- The parties may choose advisors from inside or outside the campus community.
The Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator has trained individuals that can serve in the role as an Advocate (reporting party) or Process Advisor (responding party). Please contact the Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator if you want an Advocate or Process Advisor to be provided for you.
The parties may be accompanied by their advisor in all meetings and interviews at which the party is entitled to be present, including intake and interviews. Advisors should help their advisees prepare for each meeting, and are expected to advise ethically, with integrity and in good faith. The Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator cannot guarantee equal advisory rights, meaning that if one party selects an advisor who is an attorney, but the other party does not, or cannot afford an attorney, the College is not obligated to provide one.
Responding parties may wish to contact organizations such as:
- Illinois State Bar Association: www.isba.org
- IllinoisLawyerFinder: www.isba.org/public/illinoislawyerfinder
- Families Advocating for Campus Equality (FACE): www.facecampusequality.org
Reporting parties may wish to contact organizations such as:
- The Victim Rights Law Center: www.victimrights.org
- The National Center for Victims of Crime: www.victimsofcrime.org, which maintains the Crime Victim’s Bar Association.
For Pro Bono Legal Assistance:
- DuPage Legal Assistance Foundation: 126 S. County Farm Road, Wheaton, IL 60187, (630) 653-6212, www.dupagelegalaid.org
- Illinois Attorney General - Legal Assistance Referrals: www.illinoisattorneygeneral.gov/about/probono
All advisors are subject to the same campus rules, whether they are attorneys or not.
- The advisor may not make a presentation or present evidence during any meeting or proceeding and may not speak on behalf of the advisee to the investigators or hearing panelists.
- The parties are expected to ask and respond to questions on their own behalf, without representation by their advisor.
- Advisors may confer quietly with their advisees or in writing as necessary, as long as they do not disrupt the process.
- For longer or more involved discussions, the parties and their advisors should ask for breaks or step out of meetings to allow for private conversation.
- Advisors will typically be given an opportunity to meet in advance of any interview or meeting with the administrative officials conducting that interview or meeting.
- This pre-meeting will allow advisors to clarify any questions they may have, and allows the Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator an opportunity to clarify the role the advisor is expected to take.
Advisors are expected to refrain from interference with the investigation and resolution. Any advisor who steps out of their role will be warned once and only once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave the meeting. When an advisor is removed from a meeting, that meeting will typically continue without the advisor present. Subsequently, the Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator will determine whether:
- the advisor may be reinstated,
- the advisor may be replaced by a different advisor, or
- the party will forfeit the right to an advisor for the remainder of the process.
Parties frequently share documentation related to the allegations with their advisors.
- In order for the Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator to share information directly to an advisor, a consent form must be completed by the party in question.
- Parties may share any information they receive directly with their advisor if they wish.
- Advisors are expected to maintain the privacy of the records shared with them.
- These records may not be shared with third parties, disclosed publicly, or used for purposes not explicitly authorized by the Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator.
The Assistant Vice President for Equity, Diversity and Inclusion and Title IX/504 Coordinator may seek to restrict the role of any advisor who does not respect the sensitive nature of the process or who fails to abide by the College’s privacy expectations.
An advisor is expected to adjust their schedule to allow them to attend College meetings when scheduled.
- Scheduled meetings are not typically changed to accommodate an advisor’s inability to attend.
- Reasonable provisions will be made, however, to allow an advisor who cannot attend in person to attend a meeting by telephone, video, and/or virtual meeting technologies as may be convenient and available.
A party may elect to change advisors during the process, and is not locked into using the same advisor throughout.
- The parties must advise the investigators of the identity of their advisor at least one (1) day before the date of their first meeting with investigators (or as soon as possible if a more expeditious meeting is necessary or desired).
- The parties must provide timely notice to investigators if they change advisors at any time.