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INVESTIGATIVE PROCESS OUTLINE

The University of Utah is committed to maintaining a professional working and learning environment for all.

 

 

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UNIVERSITY COMMITMENT

THE UNIVERSITY OF UTAH IS COMMITTED TO MAINTAINING A PROFESSIONAL WORKING AND LEARNING ENVIRONMENT FOR ALL.

The Office of Equal Opportunity and Affirmative Action, which also oversees Title IX, is entrusted with protecting this environment and accomplishes this by implementing and enforcing policies on nondiscrimination. The institution’s disciplinary process is designed to:

 

DETERMINE IF INSTITUTIONAL POLICY HAS BEEN VIOLATED
PROVIDE RESOLUTIONS THAT EDUCATE RESPONDENTS
REMEDY THE EFFECTS OF MISCONDUCT
PROTECT INDIVIDUALS IN THE CAMPUS COMMUNITY FROM FURTHER
MISCONDUCT

 

OEO/Title IX conducts investigations and recommends outcomes, which are administered by the Office for Faculty, the Office of the Dean of Students, or the Human Resources office.

 

Incidents reported to OEO/Title IX are generally not reported to the police (exceptions may include circumstances where concerns exist for the broader campus community). Incidents reported to the police are reported to OEO/Title IX.

 

Criminal and university administrative processes are independent of one another and may result in different outcomes and resolutions.

 

GENERAL OEO INVESTIGATIVE PROCESS

When an incident of discrimination or sexual misconduct occurs, it should be reported to OEO/Title IX. Once the office receives information about an incident, OEO/Title IX begins to review and determine how to respond to the reported incident:

 

REPORT OF DISCRIMINATION OR SEXUAL MISCONDUCT

When OEO/Title IX becomes aware of an incident of discrimination or sexual misconduct, the office immediately begins to explore the issue further to determine the appropriate steps to take based upon the information reported.

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PROVIDE INITIAL SUPPORT AND PREVENTATIVE MEASURES

OEO/Title IX immediately connects individuals with resources, support services, and preventative measures, even if the incident falls outside the office's purview.

If it is determined that the incident falls outside OEO/Title IX office's responsibilities, the incident may be referred to another campus office, such as Human Resources, Office of the Dean of Students, Office for Faculty, Victim-Survivor Advocates, and police.

PRELIMINARY INVESTIGATION

Upon gathering more information about the incident, OEO/Title IX will assess whether it has a duty to warn the campus community and/or take other actions, as necessary.

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COMPLAINT FILED

After an initial review, OEO/Title IX will determine whether the complaint states sufficient facts demonstrating that a violation of university policy may have occurred. If the complaint states a claim of discrimination, the investigation will move forward. If not, the complaint will be dismissed.

A complaint dismissal may be appealed to the Chief Human Resources Officer, who will either agree or disagree with the initial decision. If this person disagrees with OEO/Title IX, the case will be remanded back to OEO/Title IX for investigation.

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NOTICE OF INVESTIGATION

When an investigation begins, notice is provided to the person against whom the complaint is filed (the "Respondent") as well as the cognizant university vice president over the Respondent.

INTERVIEWS AND EVIDENCE GATHERING

OEO/Title IX will interview the complainant and respondents separately, interview witnesses, gather documents, and other evidence.

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OEO DRAFT REPORT

Once the investigation is completed, OEO/Title IX will draft a report that is shared with the parties involved. The parties have five days to submit a response and/or additional information.

From the time a complaint is filed to the time the report is drafted, OEO/Title IX will endeavor to complete the investigation within 60 calendar days.

OEO REPORT

Findings and recommendations are shared with the Complainant, Respondent(s), the cognizant vice president over the Respondent(s), and may also be shared with Human Resources, Office for Faculty, and/or the Office of the Dean of Students.

The OEO report will have one of two outcomes:
CAUSE - If this is the final outcome, the university has a responsibility to remedy the effect on the complainant and the community, may impose sanctions, and take steps to prevent recurrence.

INSUFFICIENT EVIDENCE - If this is the final outcome, this means that OEO/Title IX found that there was not enough evidence to find a violation of university policy occurred.

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PARTIES MAY REQUEST A HEARING

If either party is dissatisfied with the outcome of the OEO/Title IX report, they may request a hearing. If no hearing is requested, the process concludes.

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INITIAL REVIEW BY HEARING COMMITTEE

Cases involving sexual misconduct and cases that result in a "cause" finding do not involve an initial review and instead move directly to the hearing.

In cases that result in a finding of "insufficient evidence," the hearing Committee will first review the OEO/Title IX report and accompanying evidence to determine whether a hearing should be held.

The Committee is composed of a five-person panel, which includes the Committee Chair, and in most circumstances, at least two members of the same status as the Complainant and at least two members of the same status as the Respondent (student, staff, or faculty).

COMMITTEE HEARING & RECOMMENDATION TO VP

A hearing will be convened with notice given to both parties of the time, date, and location of the hearing. Either party may request technological accommodations so they do not have to be in the same room as the other party and may each be accompanied by an advisor of their choice, which may be an attorney. Each party will be permitted up to 45 minutes for opening statements. Each party may also call witnesses and will be allowed to question the other party and witnesses, though must do so through the Chair of the Hearing Committee rather than directly questioning the other party or witnesses.

Within 10 days of the hearing, the committee will submit its recommendation to the cognizant vice president for decision.

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VP DECISION

The cognizant vice president will issue a written decision.

If either party disagrees with the decision, they may submit an appeal within five days.

If a timely appeal is not received, the decision becomes final.

FINAL DECISION

If either party appeals the vice president's decision, the appeal goes to a designee of the president for review. The decision of the designee is the final outcome by the university.

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SUPPORT AND PREVENTATIVE MEASURES

The U provides equitable resources and campus services to all parties involved. When an incident is brought to the attention of OEO/Title IX, individuals have access to a variety of options and interim measures aimed at protecting safety and minimizing disruption to academic pursuits. These are available regardless of whether or not a complaint is filed or of the resulting outcomes.

UNIVERSITY POLICE

Report a crime, safety escorts, etc.

VICTIM-SURVIVOR ADVOCATES

A confidential resource center

OFFICE OF THE DEAN OF STUDENTS

Academic adjustments, etc.

TRAINING AND EDUCATION

Bystander intervention, consent, etc.

SAFE U

Safety & Reporting resources

NO-CONTACT DIRECTIVES

Different from legal no-contact orders

CONTACT INFORMATION

OEO/Title IX
John R. Park Building, Room 135
201 S. Presidents Circle
801-581-8365

Human Resources
Century Link Tower, first floor
250 E. 200 South, Suite 125
801-581-7447
benefits@utah.edu

Hospitals and Clinics Human Resources
515 E. 100 South, Suite 700
801-581-6500
hr_frontdesk@hsc.utah.edu

Office of the Dean of Students
A. Ray Olpin Student Union Building, Room 270
200 S. Central Campus Drive
801-581-7066
deanofstudents@utah.edu

Victim-Survivor Advocates
Student Services Building, Room 328
201 S. 1460 East
801-581-7779
advocate@sa.utah.edu

CONTACT US

Identifying information is not required to submit this form. However, this limits the ability of the office to respond.

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GIVE US A CALL

OEO: 801-581-8365

Need emergency help after hours?

CAMPUS POLICE: 801-585-COPS

 

VISIT US

OFFICE OF EQUAL OPPORTUNITY,
AFFIRMATIVE ACTION, AND TITLE IX

201 S PRESIDENTS CIRCLE,
RM 135
SLC, UT 84112

OUR LOCATION