K-12 Hearing Cross-Examination

Filed Under: K12
Question:

The Title IX regulations do not require elementary and secondary schools to hold live hearings, but must an elementary or secondary school allow the parties to cross-examine other parties and witnesses prior to the decision-maker reaching a determination regarding responsibility?

Answer:

The Title IX regulations, at 34 C.F.R. § 106.45(b)(6), require postsecondary institutions to hold a live hearing with cross-examination conducted by the parties’ advisors, while making hearings optional for elementary and secondary schools (and other recipients that are not postsecondary institutions), so long as the parties have equal opportunity to submit written, relevant questions for the other parties and witnesses to answer before a determination regarding responsibility is reached.

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