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Valencia College General Guidelines for Title IX Advisors

Selecting a Title IX Advisor

Both the complainant and the respondent may select a Title IX Advisor to serve during the entirety of the Title IX process as outlined in Title IX Misconduct Procedures Section II in College  Policy 6Hx28:2-01.

The Title IX Advisor chosen by the complainant or respondent may be an attorney. Upon selecting a Title IX Advisor, the complainant or respondent must notify the Title IX Coordinator of the Title IX Advisor's name, telephone number and email address.

Should either party select a different Title IX Advisor at any time during the established Title IX procedures, the party must notify the Title IX Coordinator in writing and provide the new Title IX Advisor’s name, telephone number and email address. The College will provide a Title IX Advisor upon request to a complainant or respondent, at no cost. The Title IX Advisor provided by the College to the requesting individual may, but is not required to, be an attorney.

In the event that a complainant or respondent selected their own Title IX Advisor, the complainant or respondent may choose to change their respective Title IX Advisor prior to a Title IX hearing. The new Title IX Advisor may be an individual of the party's choosing or the complainant or respondent may request that the College assign a Title IX Advisor to them. Should either party not have identified a Title IX Advisor by ten (10) College business days prior to the scheduled Title IX Hearing, the College will appoint a Title IX Advisor to be assigned.


Role of the Title IX Advisor outside of the Title IX Hearing

Title IX Advisors may attend with their assigned party any meetings scheduled as part of the established procedures. During these meetings, Title IX Advisors do not speak on behalf of nor act as a representative of their assigned party. Title IX Advisors can provide clarity and support to their assigned party outside of scheduled meetings and/or the Title IX Hearing as situations arise.

Upon review of all information gathered, and prior to the finalization of an investigation report, the Title IX Coordinator (or designee) will provide via electronic or hard copy format, to the complainant and respondent and their respective Title IX Advisors, all evidence directly related to the allegations at least ten (10) College business days to inspect, review, and respond.

After the ten (10) College business day review period has passed, and upon review of any written response from the complainant and/or respondent, the investigator will provide a final investigation report summarizing all relevant evidence to the complainant and respondent and their respective Title IX Advisors. The complainant and respondent will be given ten (10) College business days to provide a written response to the investigator.

Role of the Title IX Advisor during the Title IX Hearing

The Title IX Advisor will not participate or represent the complainant or respondent in the Title IX Hearing with the exception of asking questions as requested by the advisee during cross examination of the opposing party or witness(es) during the Title IX Hearing. In order to adequately provide cross examination support, the Title IX Advisor must be selected and their name and contact information provided to the Title IX Coordinator no less than ten (10) College business days prior to a Title IX Hearing.

Title IX Advisors will be required to ask cross-examination questions of the opposing party and/or witness(es). These questions should be developed by the complainant or respondent and provided to the Title IX Advisor to be asked during the Title IX Hearing. Title IX Advisors will ask the question to the Title IX Hearing Officer who will make a determination if the question is permissible.

Title IX Advisors do not represent their party or speak on their behalf with the sole exception of their cross-examination role as described above.

For more information and to report allegations of discrimination, harassment, or Title IX sexual misconduct, employees and students can contact the following individuals:

Ryan Kane
Assistant Vice President, Equity and Access,
Title IX Coordinator
Section 504 Coordinator

407-582-3421
rkane8@valenciacollege.edu


Lauren Kelly
Director, Equal Opportunity

407-582-8125
lkelly22@valenciacollege.edu

District Office
1768 Park Center Drive
Orlando, Florida 32835
MC: DO-21

Training for Title IX Advisors

Title IX Advisors provided by the College will receive appropriate, required training as outlined by the US Department of Education. Training materials provided to College assigned Title IX Advisors are available at: valenciacollege.edu/eo.

Title IX Advisors selected by complainants or respondents independent of those provided by the College will not be provided training by the College on matters related to Title IX as outlined by the Department of Education but are nonetheless expected to participate in the College's process as outlined in established procedures.

Conflict of Interest

A Title IX Advisor’s personal or professional interest that is directly adverse to the interests of the party being advised, and that causes a substantial risk that the Title IX Advisor’s responsibilities to that party will be materially limited by the Title IX Advisor’s responsibilities to another party or to their personal or professional interest. To be a Conflict of Interest, the interest must actually affect the outcome of the proceeding. A possible or potential conflict, without evidence of how that conflict would actually affect the outcome of the proceeding, is insufficient.

A Conflict of Interest exists when a Title IX Advisor has a familial relationship with a party or participant (other than the party being advised) whether by blood, adoption, or marriage. A Title IX Advisor’s personal or business interest involving any party or participant in the proceeding may also be evidence of a Conflict of Interest, including but not limited to an interest in a party or participant’s private business; the receipt of gifts or financial assistance from a party; or providing financial assistance to a party. Merely being employed by or compensated by the College for service as a Title IX Advisor, having knowledge of a party or participant prior to the hearing, or being a certain sex or gender shall, by themselves, be insufficient to constitute a Conflict of Interest.


Valencia College Expectations for Title IX Advisors

  • Provides empathetic counsel to their assigned party
  • Establishes a timeline to connect with assigned party to discuss details of the case and is available, accessible, and responsible to their assigned party throughout the process
  • Uses discretion when serving as a Title IX Advisor and does not disclose details of a case to third parties
  • Operates with integrity at all times
  • Treats all involved parties, including witnesses and College staff with dignity and respect
  • Offers unbiased advice to assigned party
  • Understands that Title IX Advisors do not represent their party during the Title IX Hearing
  • Aware of their responsibility to ask thoughtful questions during cross-examination
  • Limits questions deemed relevant by the hearing officer to those previously developed by the party
  • Remains civil during cross-examination without badgering either party or witnesses
  • Maintains silence during the Title IX Hearing with the exception of asking questions during cross-examination