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Institution Paying for External Advisor

Filed Under: Advisor
Question:

If the respondent does not find a suitable advisor and only wants to be represented by an attorney, does the postsecondary institution have to pay for the party’s attorney?

Answer:

No. The postsecondary institution is not required to pay for a party’s attorney. The Title IX regulations state: “If a party does not have an advisor present at the live hearing, the recipient must provide without fee or charge to that party, an advisor of the recipient’s choice, who may be, but is not required to be, an attorney, to conduct cross-examination on behalf of that party.” 34 C.F.R. § 106.45(b)(6)(i)

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