What is the role of an Advisor?
The role of a process advisor is to provide support and assistance in understanding and navigating meetings, interviews, hearings, or other parts of an investigation and resolution process. To protect the privacy of those involved, all advisors are required to sign a confidentiality agreement prior to attending a meeting, interview, or other part of a resolution process.
When the process includes a Live Hearing, the advisor’s role is to ask questions of witnesses. An advisor for the Reporting Party (the person affected by the misconduct) will also ask questions of the Respondent (the person accused). An advisor for the Respondent (the person accused of the misconduct) will also ask questions of the Reporting Party (the person affected by the conduct).
What is the role of an Adjudicator (Hearing Officer)?
The role of an adjudicator is to conduct hearings to determine findings for allegations of sexual misconduct, stalking, or dating/domestic violence. Adjudicators will work in a panel setting with other trained adjudicators to review investigation reports, question parties and witnesses, and determine whether there is sufficient evidence (by a preponderance of evidence) to make a finding of responsibility of a policy violation. Adjudicators have ultimate authority over the hearing process and are responsible for making determinations of relevancy for advisor questions during the hearing. Following the hearing, adjudicators will draft a hearing decision, which will be distributed to the parties (complainant and respondent), as well as their advisors.
Who should I nominate as an Advisor and/or Adjudicator?
Advisors and adjudicators are not expected to have any specialized training prior to appointment. Training on the roles, as well as the LC-specific policy, will be provided to all advisors/adjudicators. Generally, if you know someone who is able to maintain privacy, is detail-oriented, and is focused on student/employee success, they would be a good fit for nomination. Adjudicators should also have the ability to analyze complicated fact patterns and maintain composure in potentially stressful and/or contentious situations. In the past, advisors have included faculty, staff, and advanced law school students. In the past, adjudicators have included law school faculty.
How much time will it take?
Time commitment is likely to be more up-front (for training) and then to be low but variable for the rest of the academic year. Advisors and adjudicators will not have significant time commitments unless they are assigned to support a party or to serve on a hearing panel. If assigned, advisor time commitments would surround preparation for and engaging in interviews (typically 1-2, usually 90 minutes to 2 hours in length); reviewing and assisting a party in responding to an investigation (typically requires more time, but at least 2 weeks is allowed for review and response); and preparing for and participating in a hearing, if applicable (typically several hours). If assigned, adjudicator time commitments would surround preparation for a hearing (likely several hours); participating in a hearing (typically one day—6-8 hours); and drafting the hearing report (typically several hours).
Next steps?
Please contact me (lmakin-byrd@lclark.edu) with any questions. I’m also happy to set up a time to talk about the role! Then, send me any nominations that you have, including self-nominations. I’ll reach out to any nominees to discuss specifics and determine appropriate next steps! Follow-up steps may include an interview with the nominee, a conversation with the nominee’s supervisor to determine availability, etc.
