An individual chosen by a party, or appointed by the College, to accompany the Party to proceedings related to the resolution process, to advise the Party on that process, and to conduct cross-examination for the Party at the live hearing, if any.
The Complainant and Respondent may each have an Advisor present throughout the resolution process from the period of the initial interview through the live hearing. The role and level of participation of the Advisor varies throughout the grievance process as follows:
A Parties’ Advisor may be anyone-a friend, family member, an attorney, a union representative, or any other individual a party chooses. This Advisor will guide, support, and/or provide counsel throughout the resolution process. Nothing within the Title IX Sexual Harassment Policy precludes a witness from serving as an Advisor; however, it should be noted that choosing such a person creates the potential for bias and a conflict of interest. A party who chooses a witness to serve as their Advisor can anticipate that issues of potential bias will be raised and explored.
In the event that a party does not have an Advisor, the Title IX Coordinator will offer to appoint an Advisor from the College’s ‘pool’ of advisors. The Advisor will be conversant with the Title IX Sexual Harassment Policy and processes. The Advisor may meet with the Title IX Coordinator in advance of the Formal Grievance process to allow the Advisor to clarify and fully comprehend their role, as well as the relevant Policies and Procedures. If one Party chooses to use an attorney as their Advisor, the College is not under any obligation or stipulation to provide an attorney for the other party. To request a Mid appointed advisors individuals should contact the Title IX/Civil Rights Coordinator.
For unionized employees that have a right to a Union Representative, the College will allow the Party to have their Union Representative and an Advisor at all meetings, interviews, and the Formal Grievance processes. The Union Representative may serve as the Party’s Advisor at the Party’s discretion. If the Union Representative serves as the Advisor, they will be held to the same expectation as any other Advisor. If a unionized employee chooses to have their Union Representative present and elects a separate Advisor, the Union Representative will be precluded from any advisory role. The Union Representative’s role will be accordant with the appropriate Collective Bargaining Agreement. To uphold the principles of equity, the other party (regardless of union membership) will also be permitted to have two Advisors. Reflective of the role of the Union Representative, one of the party’s Advisors will be precluded from the advisory role and will serve solely in a supportive capacity.
The parties may be accompanied by their Advisor/Union Representative to all meetings and interviews that they are entitled to be present at, including intake. At this juncture, Advisors are generally present to support a party and should refrain from asking questions and/or speaking for the Party. The Advisor may observe and consult with the Party and take appropriate action to ensure that the investigation does not violate policies or collective bargaining agreements. If an Advisor is unable to comply with these expectations, they may be asked to leave. All Advisors are subject to Mid Policies and procedures. It should be noted that a party is not required to have an Advisor until the Live Hearing. During the Live Hearing, an Advisor is required and if one has not been requested, one will be appointed by the College.
At the Live Hearing, a party’s Advisor is there to provide support but also to ask cross-examination questions of the other Party and any witnesses; one Party may never cross-exam the other Party. The Advisor is expected to follow all Live Hearing processes and to advise their advisees without disrupting the proceedings. Advisors are not present at the Live Hearing to present statements or arguments or to facilitate direct examination; they are there to ask cross-examination questions on behalf of their advisee. A party may consult with their Advisor throughout the process, as requested, and may do so privately as needed.
Parties may share information with their Advisors as they desire and as needed to facilitate the Advisors participation in the process. During the process, if the Party would like the gathered information to be shared directly with their Advisor, the Party may sign a Release of Information with the Title IX Coordinator. Advisors are expected to maintain the privacy of any documentation, exhibits or other information that is shared with them.