Title IX Advisors: Why Timing and Expertise Matter

This article is part of our Building Your Title IX Team series, which explores the critical roles that ensure a fair, compliant, and defensible Title IX process. In this installment, Susanna Murphy, J.D., examines the advisor role in the Title IX process and why timing and expertise matter.

What are the requirements for advisors in a Title IX process?

Title IX regulations require educational institutions to provide an advisor for cross-examination at a hearing if a party has not retained their own. Beyond mandating a trained advisor for this specific purpose, however, the regulations offer less prescriptive guidance than in other areas. This lack of clarity, combined with budget pressures, often leads schools to economize on advising support. Yet providing only the bare minimum can create costly risks.

How do institutions decide when and whom to assign?

Two common decision points are (1) the timing of when advisors are assigned, and (2) the selection of advisors. While these strategies to economize can make sense in limited circumstances, they should be approached cautiously and evaluated on a case-by-case basis, as they rarely produce meaningful savings in most matters. Assigning an advisor late in the process or relying on undertrained internal staff may ultimately cost far more than any short-term savings.

What are the risks of assigning Title IX advisors late?

Some institutions wait until just before a hearing to appoint an advisor, hoping the parties will hire their own or to avoid paying a professional to participate in earlier stages like interviews and evidence review. A late-appointed advisor must quickly absorb the entire record—often relying on the party, who may not know which details are technically or even legally significant. If investigation flaws surface only at the hearing, the institution risks appeals or litigation that could have been avoided.

How can early involvement of a Title IX advisor help?

By contrast, an advisor engaged early can help spot investigative gaps or policy compliance issues while there is still time to correct them. For example, an advisor may identify unasked but crucial questions for parties or witnesses or highlight overlooked policy provisions such as how prior statements should be handled when a witness does not appear at the hearing. Addressing such issues promptly preserves fairness and reduces exposure to legal challenges.

Does delaying advisor involvement save money?

Although administrators may hesitate to fund professional advisors at the early stages of a matter, which often involve lengthy interviews and significant emotional support, deferring their involvement often simply shifts, rather than reduces, costs. Advisors will either attend interviews in real time or later spend equal or greater effort poring over transcripts. Early participation is typically more efficient, ensures a better-informed advisor, and provides a better, more supported experience for the parties.

Why should institutions use professional advisors?

Ideally, institutions would maintain a cadre of trained, impartial advisors to provide ongoing support and oversight. In reality, most schools do not have sufficient case volume for in-house advisors to gain experience with complex or high-risk matters. In such cases, engaging experienced professionals offers a practical safeguard, helping institutions uphold a fair, compliant process and avoid expensive and prolonged legal disputes.

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Explore the series

This article is part of our ongoing Building Your Title IX Team series, highlighting the essential roles and best practices for managing Title IX cases with fairness and compliance.

Read more articles in the series →

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.