What Is Title IX?
SALT LAKE CITY, UT 84112
What Is the Title Ix Reporting Process Like?
Reports of sexual misconduct are addressed through the Office of Equal Opportunity and Affirmative Action (OEO/AA). If you have experienced sexual misconduct, you may contact the OEO/AA directly to learn more about 1) your options for support, and 2) options to hold the individual engaging in the conduct responsible for their behavior. You have a right to seek out support, whether that is assistance with housing, your academics, no contact directives, or referrals to resources such as victim advocates, counseling, safety escorts, etc., whether or not you choose to file a formal complaint with the OEO/AA. A formal complaint is the process which may impose disciplinary action against a person if they are found responsible for engaging in sexual misconduct. Parties can also agree to voluntarily and mutually resolve a formal complaint through informal resolution, which is written agreement that resolves the issues raised in the formal complaint.
Role of Mandatory Reporters: At the University of Utah, most employees are considered mandatory reporters and are required to report disclosures of sexual misconduct to the OEO/AA. Mandatory reporters should not ask you questions about the incident, rather it is your choice how much to disclose; however, reporters must share any information that you have disclosed, including the name of the person engaging in the behavior.
What happens after OEO/AA receives a report: After a report is received, the OEO/AA will contact the person who is reported to have experienced sexual misconduct, typically by email, to provide information about: 1) rights to supportive measures; and 2) information about options for addressing the behavior through either the university process or through law enforcement. We encourage you to review the information, but you are not required to engage with the OEO/AA. It is helpful for the OEO/AA to hear how we may be able to support you. You may also choose to file a formal complaint and proceed with an investigation or resolve the matter through informal resolution. Throughout the process, you control the information you share and can choose to stop sharing at any point. Please be aware that limited information may also limit the OEO/AA’s ability to address the issue.
If you are seeking supportive measures, you can speak with the OEO/AA and share limited information about the incident while still seeking support such as academic adjustments, housing adjustments, no contact directives, training, referrals to counseling services, or to confidential or non-confidential victim survivor advocates. In addition, the Office of the Dean of Students can assist students with these supportive measures. If you wish to ask for support but wish to do so confidentially, you may contact the confidential Victim-Survivor Advocates at advocates@utah.edu.
Supportive Measures are available to help support you, whether or not you wish to file a formal complaint with our office. Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge. If you choose, we can work with the appropriate campus office to obtain extensions of deadlines or other course-related adjustments, modifications of work or class schedules, changes in work or housing locations, leaves of absence, refer you to counseling and/or victim advocacy services, and also implement safety and protective measures, such as no-contact directives, campus escort services, increased security and monitoring of certain areas of the campus and other similar measures. You may also request one-on-one training, education, or other requests as defined by you such as asking us to tell the other party that their behavior is expected to stop. Training may be able to be provided anonymously but that may limit our ability to address the behavior. Supportive Measures are available, whether or not you file a Formal Complaint with OEO/AA.
Choosing to report an incident of sexual misconduct can feel empowering for a survivor. However, the reporting process can be emotionally difficult. Some students may be reluctant to report to the police. Some students may also be wary of re-victimization and re-traumatization. The survivor should have the choice of whether or not to report and continue with an investigation. Talking to a confidential resource can help a survivor decide which options are best for them.
What Is the Investigation/Adjudication Process Like?
Each investigation and adjudication process is individualized, but the following is a basic outline of the Title IX process related to allegations of sexual misconduct. Under Title IX, there are two different types of cases: 1) Sexual misconduct is a broad term used to encompass a range of behaviors. It includes Sexual or Gender-Based Harassment, Intimate Partner Violence, Sexual Exploitation, Sexual Violence, Stalking, Nonconsensual Sexual Contact, and Nonconsensual Sexual Penetration. Sexual Misconduct is a type of Sex or Gender-Based Discrimination; and 2) Discrimination - Being treated differently because of sex/gender.
After a Title IX formal complaint is filed, the complaint is assessed to determine whether or not the conduct violates the university's nondiscrimination policies. Both the Complainant (person making the complaint) and the Respondent (person who is accused of misconduct) are interviewed for information regarding the complaint. Parties may have an advisor of their choice with them when being interviewed. When available, documentary evidence is reviewed, and witnesses are interviewed as well. Investigations may take up to 60 days or the parties will be informed of the reasons the investigation cannot be completed within 60 days. Both parties are entitled to supportive measures.
1) Procedures for sexual misconduct cases:
At the conclusion of the investigation, the OEO will issue recommendations that are published in a report that is shared with both parties to the complaint. Recommendations are categorized as either “cause,” or “insufficient evidence” as to whether university policy was violated.
If the OEO recommends that there is cause to believe that university policy has been violated, recommendations for disciplinary actions (sanctions) will be made. In the case of students, the Office of the Dean of Students makes recommendations for sanctions.
After the issuance of the OEO report, a hearing will be scheduled before a three-person hearing committee. The hearing committee will make the decision whether or not a violation of university policy has occurred. The Hearing Committee will also make the decision as to whether any sanctions should be imposed against the Respondent and any remedies that should be provided to the Complainant. Parties may have one advisor and one support person of their choice present at hearings. If a party does not have an advisor, a university-appointed advisor will be appointed, without fee or charge to the party. A university-appointed advisor cannot provide advice, including legal advice to a party. The role of a University-appointed advisor is for the sole purpose of conducting questioning of the other party, any witnesses, and any others who have provided information as part of the investigative or hearing process. Hearings are usually held using Zoom or other similar technology. Students and staff may appeal the decision of the hearing committee to the applicable vice president. Faculty may appeal the decisions of the hearing committee to the president.
2) Procedures for sex/gender discrimination cases:
At the conclusion of the investigation, the OEO will issue findings that are published in a report that is shared with both parties to the complaint. Recommendations are categorized as either “cause,” or “insufficient evidence” as to whether university policy was violated.
If the OEO recommends that there is "cause" to believe that university policy has been violated, recommendations for disciplinary actions (sanctions) will be made. In the case of students, the Office of the Dean of Students makes recommendations for sanctions.
In discrimination cases, a hearing is not automatically scheduled. Rather, either party may request a hearing before a hearing committee. The process is similar to a sexual misconduct hearing as described above. Parties may choose to have one advisor and one support person; except university-provided advisors are not appointed if a party does not have an advisor of their choice.
Get More Information on the University’s Sexual Misconduct Complaint Process
