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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 into allegations of discrimination or sexual misconduct.  When a violation of university policy has occurred, sanctions may be implemented by the appropriate sanctioning body.

 

Incidents reported to OEO/Title IX are generally not reported to the police (exceptions may occur when circumstances raise concerns of safety of others, including the broader campus community). Incidents reported to the University of Utah 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.

1
PROVIDE SUPPORTIVE MEASURES

OEO/Title IX immediately connects individuals with information about supportive measures, resources and information about filing options, including how to file a formal complaint with OEO/AA and law enforcement, if applicable.

2
PRELIMINARY REVIEW

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.

3
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 facts that, if proven, would be a violation of the discrimination policy, an investigation will move forward. If not, the complaint will be dismissed.

A complaint dismissal may be appealed to the Chief Human Resources Officer for employees and students, or to the Customer Services Director for University Hospitals and Clinics when a complaint is filed by a patient, 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.

1
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 and any other university administrators who have a business need-to-know.

2
INTERVIEWS AND EVIDENCE GATHERING

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

3
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 ten (10) days to submit a response and/or additional information.

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

4
OEO REPORT

In cases alleging Sexual Misconduct, OEO will issue a recommendation of whether or not a policy violation has occurred. The determination about whether a policy was violated will be determined in a hearing (see Hearing).

In cases alleging other types of discrimination, OEO will issue a finding of whether or not a policy violation has occurred.

Findings and/or 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 - this means that OEO has made a finding or a recommendation that a violation of the university's nondiscrimination policy HAS occurred.

INSUFFICIENT EVIDENCE - this means that OEO has made a finding or a recommendation that a policy of the university's nondiscrimination policy has NOT occurred.

5
HEARING

In cases alleging sexual misconduct, the case automatically is scheduled for a hearing before a hearing committee.

In cases alleging other types of discrimination, if either party is dissatisfied with the outcome of the OEO/Title IX report, they may request a hearing within five days of the issuance of the OEO Report. If no hearing is requested, the process concludes and the OEO Report becomes the final decision of the University.

1
INITIAL REVIEW BY HEARING COMMITTEE

In discrimination 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 three-person panel, which includes a committee Chair.

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

2
COMMITTEE HEARING

A hearing will be convened with notice given to both parties of the time, date, and location of the hearing. Generally, hearings will be held using technology allowing all parties to simultaneously see and hear the party or the witness answering questions. Each party may be accompanied by an advisor of their choice, which may be an attorney, and also may also be accompanied by one support person of their choice. If a party does not have an advisor, the University will provide an advisor for the limited purpose of conducting cross examination of the other party and any witnesses. Each party will be permitted up to 45 minutes for opening statements, and extensions of time may be granted by the Chair of the Hearing Committee. Each party may also call witnesses and provide documents and other evidence.

Within 10 days of the hearing, the committee will issue its decision whether there is 'cause' or 'insufficient evidence' to show that a violation of policy has occurred.

3
APPEALS

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

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

4
FINAL DECISION

If the decision of the Hearing Committee is appealed, the appeal goes to the cognizant Vice President or Designee, or in cases involving a faculty member, the appeal goes to the President or designee. The decision is the final outcome by the university.

5

SUPPORTIVE MEASURES

The University provides equitable resources and campus services to all parties involved. When an incident is brought to the attention of OEO/Title IX, Complainants (those who have experienced discrimination or sexual misconduct) and Respondents (those alleged to have engaged in discrimination or sexual misconduct) have access to a variety of resources and supportive 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

Lesbian Gay Bisexual Transgender Resource Center
200 S Central Campus Dr, RM 409
801-587-7973
lgbtrc@sa.utah.edu

Office of the Ombuds (Main Campus)
1738G Marriott Library
3245 Eccles Institute of Human Genetics Office
801.585.3482
ombudsman@utah.edu

Office of the Ombuds (Health Science)
Health Sciences Education Building Fifth Floor, Suite 5515
26 South 2000 East
801-585-6283
facultyombudsman@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

University Counseling Center
Student Services Building
201 S 1640 E, Room 426
801-581-6826
24-hour Crisis Line: 801-587-3000

Women's Resource Center
A. Ray Olpin Union
200 S. Central Campus Drive, Room 411
801-581-8030

Women's Resource Center
A. Ray Olpin Union
200 S. Central Campus Drive, Room 411
801-581-8030

CONTACT US

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

Contact Us
First
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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