Professor Ben Trachtenberg will publish an article on “Hiring and Training Competent Title IX Hearing Officers” in the Missouri Law Review. The current version is available online at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3663503
In the article, Professor Trachtenberg argues that “American colleges and universities are not ready to comply with new Title IX regulations concerning campus hearings” which go into effect in August 2020. He suggests several ways that institutions can better prepare themselves for how hearings will work under new rules enacted by the U.S. Department of Education, which require live hearings, permit cross-examination of witnesses, and allow lawyers to speak on behalf of complainants and respondents. In particular, Professor Trachtenberg advocates (1) using external hearing officers instead of training faculty and staff to perform the more difficult hearing management tasks required under the new regulations and (2) separating the role of judge (hearing officer) from that of jury. The article also provides information that trainers can use to better prepare participants for the new hearing regime.