The Conrad O’Brien Title IX team has released its “Practice Guide for Title IX Practitioners: Ensuring effective live hearings and direct cross-examination in Title IX disciplinary proceedings in the wake of the Cardona decision.” The guide was co-authored by Patricia Hamill, Chair, and Lorie Dakessian, Vice Chair, of the Title IX, Due Process and Campus Discipline practice at Conrad O’Brien, P.C.
“Our Guide makes clear that live hearings and direct cross-examination in Title IX disciplinary proceedings are the law!” said Hamill.
This Practice Guide provides background on the live hearing and direct cross-examination requirements as well as background on a recent decision vacating a single provision of the Department of Education’s 2020 comprehensive Title IX regulations: the provision requiring exclusion of statements when a person does not submit to cross-examination. The Practice Guide provides points for practitioners to consider as they seek to ensure that schools, in the wake of that decision, do not subvert the still-binding live hearing and direct cross-examination requirements and thereby deprive respondents of their right to defend themselves.
While both parties in Title IX proceedings should be treated fairly, the Practice Guide focuses on fundamental principles of American jurisprudence: people who are accused of serious wrongdoing have a right to defend themselves; this includes a right to know and test all of the evidence; and findings of wrongdoing should be based only on credible and reliable evidence.