The Title IX Regulations require live hearings and must include the opportunity for cross-examination of parties and witnesses on a limited scope of topics. Also, the regulations require a record of evidentiary ruling and issue a written decision that meets specific requirements. Finally, participants in the process, including fact finders must be "bias-free." In addition, courts across the country have held that “cross-examination” in some form is a requirement of due process before a student can be expelled. Kevin O’Leary is prepared to serve as a neutral resource to help institutions meet these new requirements in a thorough, thoughtful, professional manner.
Background
Kevin has been an attorney for over thirty years and is an experienced litigator, higher education attorney, and sexual misconduct investigator. As a litigator, Kevin developed arguments for and against the relevance of the evidence to be presented to a fact finder. As a higher education attorney, Kevin is familiar with Title IX and the other legal requirements and advised on sexual misconduct policy development and implementation. In addition, he assisted in the implementation of procedures designed to provide due process to the parties. Kevin has investigated allegations of sexual harassment, sexual assault, and dating violence. He has received training on forensic interview techniques and trauma-informed interviewing.
Hearing Officer
Colleges and universities often used panels of community members to decide whether someone has engaged in misconduct. The new Title IX regulations will impose additional requirements on the procedures used by those panels, including making and recording evidentiary rulings and drafting a written decision. Kevin is prepared to serve as a neutral advisor to help internal hearing panels conduct live hearings. Kevin can work with the parties and their advisors to identify evidentiary issues to be resolved during the hearing. He can either make evidentiary rulings or advise the panel on the rulings. Also, Kevin can help in the drafting of the decision to ensure that the written decision meets all regulatory requirements.
adjudicator
For institutions that choose to use a single hearing-officer model, Kevin can serve as an adjudicator, including presiding over pre-hearing meetings and, where appropriate, resolving disputes in advance of the live hearing. Kevin can conduct a fair and impartial hearing, following the applicable institutional policy and regulations. He is prepared to question parties and witnesses and oversee the questioning by the parties’ advisors. He is prepared to make decisions regarding relevance and admissibility when evidentiary disputes occur. Finally, Kevin can deliver a well-reasoned written decision that meets all regulatory requirements.