Casework
Hearing officer and decision maker
An independent practitioner hears the matter and decides it, separate from the coordinator and the investigator. We run the hearing as your procedures require, weigh the evidence against the standard your policy sets, and write a determination a reviewer can follow.
How an engagement starts
- 01Conflicts screenScreened against the parties, the witnesses, counsel, and everyone involved in the investigation. Where we cannot be neutral, we decline.
- 02Written termsScope, rate, the hearing date, and the deadline for the written determination, agreed before we receive the file.
- 03File reviewWe review the report and the evidence, and confirm the hearing format and logistics with your coordinator.
When to call
When institutions engage us
- 01
No one inside can sit
The people who could decide the matter have already touched it, as coordinator, investigator, or supervisor of a party. An outside decision maker keeps the roles separate, as the grievance procedure requires.
- 02
A hearing is required
Postsecondary institutions running grievance procedures under the current Title IX rule must hold a live hearing with cross-examination conducted by advisors. We run it, including the relevance rulings made in the room.
- 03
The matter is close to leadership
A party, a department, or the facts sit close enough to senior leadership that an internal finding will be questioned, however sound it is.
- 04
Capacity has run out
Hearings stack up behind a small team and timelines start to slip. We take the hearing and the written determination so the matter keeps moving.
The role
What the role covers
Pre-hearing review
The investigative report and the evidence directly related to the allegations, read in full before the hearing, with questions prepared rather than improvised.
Running the hearing
Order, timing, and conduct of the hearing, in person or virtual, as your procedures set out.
Relevance rulings
Each question ruled on before it is answered, with the reason for any exclusion stated on the record.
Standard of proof
The evidence weighed against the standard your policy applies, the same standard used for every comparable matter.
Written determination
Findings of fact, the conclusion on each allegation, the rationale, and any sanctions and remedies, in a form a reviewer can trace.
The record
The recording or transcript and the determination delivered complete, for your file and for any appeal.
Worth knowing
What sits outside the role
We do not investigate a matter we decide, advise either party, or hear an appeal of our own determination. Investigations are engaged separately, and an appeal goes to a different practitioner who had no part in the original matter.
See appeals reviewDo PK-12 districts need a hearing?
The current Title IX rule does not require a live hearing in elementary and secondary schools, but it still requires a decision maker who is not the coordinator or the investigator. We serve in that role with or without a hearing, as your procedures provide.
Can the decision maker also be the investigator?
No. Under the current Title IX rule the decision maker cannot be the Title IX coordinator or the investigator. That separation is what an outside practitioner provides.
How is the work priced?
Quoted at scoping, on the same basis as our investigation work: hourly against a fee cap or a fixed fee, agreed in writing. No fee varies with the outcome.
Scoping
Start with a scoping call.
We look at what you have, tell you plainly whether we fit, and put the terms in writing before anything begins.