This article was reviewed by Susanna Murphy, J.D., Lead Investigator and Advisor, Title IX Solutions.
This article is Part 2 of our hearings series. In Part 1, Practical Approaches to Scheduling, we covered best practices for setting your hearing date and issuing notice.
Here, we focus on Title IX hearing facilitation, from pre-hearing preparation through post-hearing follow-up. For step-by-step guidance, download our Title IX Virtual Hearing Facilitation Checklist.
What Is a Hearing Facilitator?
In many institutions, the Title IX Coordinator or a designated administrator serves as the Hearing Facilitator. A Hearing Facilitator is responsible for managing the logistics and coordination of a Title IX hearing, including preparing and managing the process to align communications, expectations, and logistics across all participants.
Successful Hearing Facilitators serve as a combination of project manager, process guide, and policy expert. They set expectations, coordinate logistics, and ensure the process runs smoothly from start to finish.
Title IX Virtual Hearing Facilitation Checklist (Free Resource)
If you’re looking for a step-by-step resource, this checklist includes timelines and sample communications to support each phase of the hearing process.
Title IX Pre-Hearing Meetings and Hearing Preparation
Effective hearing facilitation begins well before the hearing date. This phase includes two distinct but related components: the pre-hearing meeting and the preparation leading up to the hearing.
Title IX Pre-Hearing Meetings
While not required under Title IX, pre-hearing meetings are considered a best practice. These meetings ensure that parties and advisors understand the process and what to expect.
The purpose of these meetings is to confirm access to the final investigative report and evidence, review hearing procedures, clarify the advisor’s role, address rules of decorum, and answer logistical or process-related questions.
The Hearing Facilitator supports this process by coordinating logistics, documenting clarifications from the Hearing Officer, and ensuring participants leave with a clear understanding of expectations.
In some cases, the Title IX Coordinator may also be asked to clarify institutional policy, explain how procedures are applied, or respond to questions that fall outside the scope of the hearing, at the request of the Hearing Officer.
Title IX Hearing Preparation
After the pre-hearing meetings, the focus shifts to setting the conditions for a successful hearing. The goal of this phase is to ensure that everyone who needs to be involved is informed, prepared, and able to participate as part of the Title IX hearing process.
This work centers on clear communication and coordination. Hearing Facilitators confirm logistics with parties and advisors, communicate separately with each party, and manage outreach to witnesses to set expectations and reduce uncertainty.
Witness coordination is a central part of this phase. Providing general timeframes, setting expectations for the hearing environment, and maintaining a record of outreach all contribute to a more organized process.
Real-world scenarios:
What if you can’t get ahold of a witness?
This is a common challenge. Success in this situation involves making reasonable efforts to contact the witness and documenting those attempts. Subpoena authority is not available, so the process moves forward based on available information and your institution’s policy.
What if the hearing needs to be postponed?
The Hearing Officer or Decision-Maker determines whether a hearing should be postponed and provides notice when that occurs. This may happen for a variety of reasons including: if new evidence requires additional investigation, a new witness becomes available, a party or advisor is no longer available for good cause, or if the Hearing Officer’s availability changes.
When a hearing is postponed, the scheduling process resets and timelines are re-established. This may also include updating submission deadlines and determining whether an additional pre-hearing meeting is appropriate. For scheduling support, see our article on Scheduling Title IX Hearings.
“A well-facilitated hearing doesn’t happen in the moment. It is built in the days and weeks leading up to it.”
Title IX Hearing Process: Managing Logistics During the Hearing
During the hearing, the Hearing Facilitator’s role centers on active management. As the Hearing Officer leads the proceeding, the facilitator keeps the process running smoothly through behind-the-scenes coordination.
Key areas of focus include:
- Managing the virtual platform
Ensuring participants can access the hearing, are placed appropriately, and can engage without technical disruption. - Maintaining the flow of the hearing
Supporting a structured process by tracking timing, communicating breaks, and helping participants understand what to expect next. - Recording the hearing
Title IX requires that hearings be recorded. Facilitators are responsible for ensuring the recording is started, continues throughout, and is properly saved. - Sharing information from the investigative report
Quickly locating and sharing relevant evidence or documentation when requested.
Real-world scenarios:
What if a party does not show up to the hearing?
This situation requires coordination with the Hearing Officer and careful consideration of the circumstances. Factors such as prior participation, communication with advisors, and the reason for the absence should be considered. Depending on those factors and your institution’s policy, the hearing may proceed or be delayed.
After a Title IX Hearing: Documentation and Follow-Up
After a Title IX hearing concludes, the priority is preserving the record and supporting next steps.
This includes ensuring the hearing recording is accessible and coordinating any transcript requests, as applicable. Hearing Facilitators may also manage the submission of post-hearing materials, such as impact or mitigation statements, in accordance with institutional policy.
Clear organization and follow-through help ensure the process remains well-documented and defensible following a Title IX hearing.
Title IX Virtual Hearing Facilitation Checklist (Free Resource)
Our Title IX Hearing Facilitation Checklist provides detailed guidance for each phase of the process, including timelines, checklists, and sample communications you can use in your day-to-day work.
Please Note: The information provided in this article is for educational purposes only and is not intended to be legal advice. We recommend seeking independent legal advice concerning the issues presented in evaluating a particular incident.
Outsourcing Title IX Decision-Makers (Hearing Officers)
Many institutions choose to outsource Decision-Makers to support neutrality, reduce internal burden, and ensure a well-managed process.
As part of these engagements, facilitation support can be included. At Title IX Solutions, our experienced professionals can serve as Decision-Makers while also supporting the coordination and logistics that help hearings run smoothly.