Federal regulations specify that parties in a Title IX matter should have the “opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice.” While parties may have an advisor in mind, often a parent or attorney, institutions often provide the advisor. For these times, institutions should keep a list of trained faculty, staff, and students willing to act as Title IX advisors. When compiling a group of advisors, Title IX coordinators should consider not only the racial and gender diversity of the student body but also the sexual orientation where possible. Ideally, advisors should reflect that same diversity.

Institutions sometimes have to be creative to keep a well-stocked list of available advisors. It may be helpful for higher education institutions to work directly with their law school or social work and public policy departments to recruit graduate students who would find being a Title IX advisor a meaningful and educational experience. While most institutions do not pay their advisors money for serving, Title IX coordinators should consider other incentives they can offer—though for most, that will be the knowledge of helping fellow community members. When faculty or staff are in a union, it may be necessary to work with them to ensure that the unions approve their work as an advisor.

Once an institution has a group of advisors, those advisors should be trained on the relevant regulations, school policies, and supportive measures that may appear in the cases they work on. Training should also teach advisors how they should speak to and interact with the party they are advising and how best to prepare the party for meetings, interviews, and hearings that may occur. Advisors should understand the informal resolution process and how they can assist that process when both parties want to explore that path. Advisors should be prepared to review Title IX investigation reports, aid the party in comments and work with parties on potential appeals. For institutions offering cross-examination at hearings, advisors should be ready to work with the party to formulate and ask questions themselves. The training of Title IX advisors should be comprehensive to ensure they are ready to answer the party’s questions and guide them through the process confidently.

Title IX coordinators may choose to provide this training themselves, outsource it to the general counsel or other institutional attorney, or pay a law firm or organization to provide it externally. One consideration for in-house training is that it can be personalized to the institution. Apart from initial training at the start of serving as an advisor, it is a best practice to require yearly training, with additional meetings and check-ins to review changes or trends.

Once a particular party requests an institution-provided advisor, the policy should dictate whether the Title IX coordinator or someone else makes this assignment. Though sometimes advisors are assigned directly to a party, most institutions provide the entire list of advisors to a party but may give guidance on who the coordinator recommends considering what the party has shared. If a party is given the entire advisor list, it is a best practice for the Title IX office to first reach out to the advisors to ensure their availability and willingness to serve and that there are no conflicts of interest. As these processes are generally sensitive for all parties, it can be an additional negative experience for an advisor to reject a party—and it can become burdensome if advisors who are overloaded receive too many requests for their services.

When possible, Title IX coordinators should keep a dynamic list of current advisors, noting if current advisors are already serving a party and how many cases they are willing to work on at a time or within a term. These lists can also note extended times away, like vacations and sabbaticals, when advisors will be unavailable to serve. Keeping these records up-to-date can streamline the advisor assignment process.

Title IX coordinators may determine that some cases require the university to appoint an attorney advisor. Some institutions appoint an attorney advisor when the other party hires one to prevent inequality between advisors in the absence of an appointment. Title IX coordinators and general counsel may also find it appropriate to appoint an attorney as an advisor when there is particular notoriety to a case or concerns about the severity of the allegations.

Because parties to a Title IX matter are free to choose their advisor, they may additionally decide not to have an advisor. If that occurs, the Title IX office should ensure that the student has been fully informed of the advisor’s role through all aspects of the process. Students are also free to change their minds and later request an advisor at any time. When a student does not want an advisor to assist during the investigative process, the university must still ensure that it appoints an advisor to ask cross-examination questions at the hearing, as parties are not allowed to conduct cross-examination themselves.

Finally, though advisors can be a huge support for parties to Title IX cases, institutions should consider allowing additional support persons or advocates from student life or wellness to serve alongside the advisor, should the policy allow it. These aids can help with the emotional support of the party and can work in tandem with advisors. When advisors feel supported, heard, and prepared, they are more like ly to have positive experiences and continue to serve as advisors in the future.