What is the time commitment?
Advisors (either appointed by Appalachian or selected by a Party) will be offered to the involved Parties at the beginning of the Resolution Process and it is up to the Party to decide in what capacity they would like to utilize their Advisor. If the Party choose to fully utilize their Advisor they will be expected to attend the following meetings and perform the following tasks:
Attend interviews and any subsequent meetings lasting anywhere from thirty minutes to two hours.
Review the draft investigative report with the Party and assist the Party with providing a written response to the Report.
Should the case go to a hearing the following will be required:
Attendance and participation at a pre-hearing meeting.
Preparation of questions for cross-examination at the live hearing.
Participation at a live hearing including cross-examination of Parties and Witnesses.
A Party may choose to utilize their own Advisor, who may be an attorney, friend, or family member for various parts of this process instead of their Appalachian appointed Advisor. In this case, you will be expected to be available to step in at any point should the Party decide to utilize you more fully at various parts of the process.
Some cases will be much more extensive than others, the Title IX coordinator should be able to give you an idea of what the time commitment will look like at the beginning of the case, however, that can change as the case progresses. The investigative process, not including the adjudication of a case can take up to 60 business days.
What will happen if there is a lawsuit with a case where I am an Advisor?
The Office of General Counsel provides legal advice, counsel and representation, training, and risk management services to Appalachian State University, to its constituent units and affiliated entities, and to its trustees, officers, employees, and student leaders while acting on the university's behalf.
What kind of training will I receive?
You will receive yearly training in the following areas:
Implicit bias
Disparate treatment and impact
Reporting, confidentiality, and privacy requirements
Applicable laws, regulations, and federal regulatory guidance
How to uphold fairness, equity, and due process
How to conduct questioning
The definitions of all offenses
How to apply definitions used by Appalachian concerning consent (or the absence or negation of consent) consistently, impartially, and policy
Any technology to be used at a live hearing
Issues of relevance of questions and evidence
What is cross-examination and would I be required to do it?
At a live hearing, all questioning will need to be done through the Advisor and Decision-Maker(s), not by the Parties themselves. You would work with the Party you are advising to prepare questions for the hearing in advance and then may ask other questions during the hearing as they come up. During your training, you will be taught how to read an investigative report, ask questions, and prepare for the live cross-examination at the hearing.
Will I get to pick who I am an Advisor for - Respondent or Complainant?
The Title IX Coordinator will contact you to determine your availability to be an Advisor. You will have the opportunity to accept the position or turn it down. All Advisors must be willing to advise either a Complainant or a Respondent equitably.
How often will I be called upon to be an Advisor?
You may be called upon to serve as an Advisor a few times a year depending on the volume of cases which can vary from year to year. You will never be required to serve as an Advisor if you don’t want to serve.