How Many Questions? (Response 8/13/2020)
The regs are unclear on how much cross-examination is needed. If an advisor asks a party one question only about their statements, are all statements now admissible, or must the advisor question about each statement for that statement to be admitted?
The new Title IX Rule requires postsecondary institutions to hold a live hearing and at the live hearing the decision-maker must “permit” each party’s advisor to conduct cross-examination. Thus, the Rule does not require a party’s advisor to ask cross-examination questions, but rather each party’s advisor must be permitted to ask all relevant cross-examination questions including follow-up questions.