How Many Questions? (Response 8/13/2020)

Cross Examination
Question:

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?

Answer:

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.