Appendix 1
For purposes of the Title IX Sex Discrimination, Sexual Exploitation, Sexual Harassment, and Sexual Violence Policy, conduct that is deemed, by a preponderance of the evidence (which means more likely than not the alleged conduct occurred) to be gender-based and meet the definitions of any of the types of Prohibited Conduct identified in Section III above and in the legal definitions set forth below (whether defined federal or by state laws, as amended from time to time), constitutes a violation of this Policy. A person whose gender-based conduct violates the federal or state criminal statutes as established by a preponderance of the evidence need not be criminally charged or convicted for their conduct to be deemed a violation of this Policy. Additionally, to the extent that federal or state criminal laws addressing gender-based conduct that could be deemed Prohibited Conduct are created or amended, engaging in such conduct (as proven by a preponderance of the evidence) shall be considered a violation of this Policy even if the definitions below have not been updated to reflect the most recent additions to or changes in the law.
Intimate Partner Violence: Dating or Domestic Violence
Federal Law:
Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
- The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
- For the purposes of this definition —
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence. 34 C.F.R. § 668.46(a)
Alabama Law: n/a
Intimate Partner Violence: Domestic Violence
Federal Law:
- A felony or misdemeanor crime of violence committed —
- By a current or former spouse or intimate partner of the victim;
- By a person with whom the victim shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
- By any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. 34 C.F.R. § 668.46(a)
Alabama Law:
First Degree Domestic Violence - Ala. Code § 13A-6-130(a)(1)
A person commits the crime of domestic violence in the first degree if the person commits the crime of assault in the first degree pursuant to Section 13A-6- 20; aggravated stalking pursuant to Section 13A-6- 91; or burglary in the first degree pursuant to Section 13A-7-5 and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.
Second Degree Domestic Violence - Ala. Code § 13A-6- 131(a)(1)
A person commits the crime of domestic violence in the second degree if the person commits the crime of assault in the second degree pursuant to Section 13A-6- 21; the crime of intimidating a witness pursuant to Section 13A-10-123; the crime of stalking pursuant to Section 13A-6- 90; the crime of burglary in the second or third degree pursuant to Sections 13A-7- 6 and 13A-7- 7; or the crime of criminal mischief in the first degree pursuant to Section 13A-7- 21 and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.
Third Degree Domestic Violence - Ala. Code § 13A-6- 132(a)(1)
A person commits domestic violence in the third degree if the person commits the crime of assault in the third degree pursuant to Section 13A-6- 22; the crime of menacing pursuant to Section 13A-6- 23; the crime of reckless endangerment pursuant to Section 13A-6- 24; the crime of criminal coercion pursuant to Section 13A-6- 25; the crime of harassment pursuant to subsection (a) of Section 13A-11-8; the crime of criminal surveillance pursuant to Section 13A-11-32; the crime of harassing communications pursuant to subsection (b) of Section 13A-11-8; the crime of criminal trespass in the third degree pursuant to Section 13A-7- 4; the crime of criminal mischief in the second or third degree pursuant to Sections 13A-7- 22 and 13A-7-23; or the crime of arson in the third degree pursuant to Section 13A-7- 43; and the victim is a current or former spouse, parent, step-parent, child, step-child, any person with whom the defendant has a child in common, a present household member, or a person who has or had a dating relationship with the defendant.
Stalking
federal Law:
Stalking:
- Engaging in a course of conduct directed at a specific person that would cause a reasonable person to —
- Fear for the person's safety or the safety of others; or
- Suffer substantial emotional distress.
- For the purposes of this definition -
- Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person's property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. 34 C.F.R. § 668.46(a)
Alabama Law:
First Degree Stalking - Ala. Code § 13A-6-90(a)
A person who intentionally and repeatedly follows or harasses another person and who makes a threat, either expressed or implied, with the intent to place that person in reasonable fear of death or serious bodily harm is guilty of the crime of stalking in the first degree.
Second Degree Stalking - Ala. Code § 13A-6- 90.1(a
A person who, acting with an improper purpose, intentionally and repeatedly follows, harasses, telephones, or initiates communication, verbally, electronically, or otherwise, with another person, any member of the other person's immediate family, or any third party with whom the other person is acquainted, and causes material harm to the mental or emotional health of the other person, or causes such person to reasonably fear that his or her employment, business, or career is threatened, and the perpetrator was previously informed to cease that conduct is guilty of the crime of stalking in the second degree.
Sexual Assault & Other Sexual Offenses
Federal Law:
Sexual assault. An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI's UCR program and included in 34 C.F.R. § 668.46, Appendix A. 34 C.F.R. § 668.46
Sexual assault/Fondling. Sexual assault/fondling is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. 34 C.F.R. § 668.46, Appendix A
Incest. Incest is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 34 C.F.R. § 668.46, Appendix A
Statutory rape. Statutory rape is sexual intercourse with a person who is under the statutory age of consent. 34 C.F.R. § 668.46, Appendix A
Alabama Law:
Alabama law includes definitions of the following in its sexual offenses category: rape, sodomy, sexual misconduct, sexual torture, sexual abuse, indecent exposure, enticing a child to enter vehicle, house, etc. for immoral purposes, sexual abuse of a child less than 12 years old. The following are definitions that apply to the Alabama sexual offense statutes (some of which are set forth below):
- Forcible compulsion. Use or threatened use, whether express or implied, of physical force, violence, confinement, restraint, physical injury, or death to the threatened person or to another person. Factors to be considered in determining an implied threat include, but are not limited to, the respective ages and sizes of the victim and the accused; the respective mental and physical conditions of the victim and the accused; the atmosphere and physical setting in which the incident was alleged to have taken place; the extent to which the accused may have been in a position of authority, domination, or custodial control over the victim; or whether the victim was under duress. Forcible compulsion does not require proof of resistance by the victim.
- Incapacitated. The term includes any of the following:
- A person who suffers from a mental or developmental disease or disability which renders the person incapable of appraising the nature of his or her conduct.
- A person is temporarily incapable of appraising or controlling his or her conduct due to the influence of a narcotic, anesthetic, or intoxicating substance and the condition was known or should have been reasonably known to the offender.
- A person who is unable to give consent or who is unable to communicate an unwillingness to an act because the person is unconscious, asleep, or is otherwise physically limited or unable to communicate.
- SEXUAL CONTACT. Any touching of the sexual or other intimate parts of a person done for the purpose of gratifying the sexual desire of either party. The term does not require skin to skin contact.
- SEXUAL INTERCOURSE. Such term has its ordinary meaning and occurs upon any penetration, however slight; emission is not required.
- SODOMY. Any sexual act involving the genitals of one person and the mouth or anus of another person. Ala. Code § 13A-6- 60.
First Degree Rape - Ala. Code § 13A-6-61(a). A person commits the crime of rape in the first degree if he or she does any of the following:
- Engages in sexual intercourse with another person by forcible compulsion.
- Engages in sexual intercourse with another person who is incapable of consent by reason of being incapacitated.
- Being 16 years old or older, engages in sexual intercourse with another person who is less than 12 years old.
Second Degree Rape - Ala. Code § 13A-6- 62(a). A person commits the crime of rape in the second degree if, being 16 years old or older, he or she engages in sexual intercourse with another person who is 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person.
First Degree Sexual Abuse - Ala. Code § 13A-6-66(a). A person commits the crime of sexual abuse in the first degree if he or she does either of the following:(1) Subjects another person to sexual contact by forcible compulsion. (2) Subjects another person to sexual contact who is incapable of consent by reason of being incapacitated.
Second Degree Sexual Abuse - Ala. Code § 13A-6- 67(a). A person commits the crime of sexual abuse in the second degree if he or she does either of the following:
- Subjects another person to sexual contact who is incapable of consent by reason of some factor other than being less than 16 years old.
- Being 19 years old or older, subjects another person to sexual contact who is less than 16 years old, but more than 12 years old.
First Degree Sodomy - Ala. Code § 13A-6- 63(a). A person commits the crime of sodomy in the first degree if he or she does any of the following:
- Engages in sodomy with another person by forcible compulsion.
- Engages in sodomy with another person who is incapable of consent by reason of being incapacitated.
- Being 16 years old or older, engages in sodomy with a person who is less than 12 years old.
Second Degree Sodomy - Ala. Code § 13A-6- 64(a). A person commits the crime of sodomy in the second degree if, being 16 years old or older, he or she engages in sodomy with another person 12 years old or older, but less than 16 years old; provided, however, the actor is at least two years older than the other person.
Sexual Torture - Ala. Code § 13A-6-65.1(a). A person commits the crime of sexual torture if he or she does any of the following:
- Penetrates the vagina, anus, or mouth of another person with an inanimate object, by forcible compulsion, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
- Penetrates the vagina, anus, or mouth of a person who is incapable of consent by reason of being incapacitated, with an inanimate object, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
- Penetrates the vagina, anus, or mouth of a person who is less than 12 years old, with an inanimate object, by a person who is 16 years old or older with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
- By inflicting physical injury, including, but not limited to, burning, crushing, wounding, mutilating, or assaulting the sex organs or intimate parts of another person, with the intent to sexually torture, sexually abuse, or to gratify the sexual desire of either party.
Indecent Exposure - Ala. Code § 13A-6- 68(a). A person commits the crime of indecent exposure if, with intent to arouse or gratify sexual desire of himself or herself, or of any person other than his or her spouse, he or she exposes his or her genitals under circumstances in which he or she knows the conduct is likely to cause affront or alarm.
Incest - Ala. Code § 13A-13-3.
- A person commits incest if he marries or engages in sexual intercourse with a person he knows to be, either legitimately or illegitimately:
- His ancestor or descendant by blood or adoption; or
- His brother or sister of the whole or half-blood or by adoption; or
- His stepchild or stepparent, while the marriage creating the relationship exists; or
- His aunt, uncle, nephew or niece of the whole or half-blood.
- A person shall not be convicted of incest or of an attempt to commit incest upon the uncorroborated testimony of the person with whom the offense is alleged to have been committed.
Enticing Child to Enter Vehicle, House, Etc., for Immoral Purposes - Ala. Code § 13A-6-69(a). It shall be unlawful for any person with lascivious intent to entice, allure, persuade, or invite, or attempt to entice, allure, persuade, or invite, any child under 16 years of age to enter any vehicle, room, house, office, or other place for the purpose of proposing to such child the performance of an act of sexual intercourse or an act which constitutes the offense of sodomy or for the purpose of proposing the fondling or feeling of the sexual or genital parts of such child or the breast of such child, or for the purpose of committing an aggravated assault on such child, or for the purpose of proposing that such child fondle or feel the sexual or genital parts of such person.
Sexual Abuse of a Child Less than 12 Years Old - Ala. Code § 13A-6- 69.1(a). A person commits the crime of sexual abuse of a child less than 12 years old if he or she, being 16 years old or older, subjects another person who is less than 12 years old to sexual contact.
School Employee Having Sexual Contact With a Student Under the Age of 19 Years - Ala. Code § 13A-6- 82
- A person commits the crime of a school employee having sexual contact with a student under the age of 19 years if he or she is a school employee and engages in sexual contact, as defined by Section 13A-6- 60, with a student, regardless of whether the student is male or female. Consent is not a defense to a charge under this section. The crime of a school employee having sexual contact with a student is a Class C felony.
- A person commits the crime of a school employee soliciting a sex act with a student under the age of 19 years if he or she is a school employee and solicits, persuades, encourages, harasses, or entices a student to engage in a sex act including, but not limited to, sexual intercourse, sodomy, or sexual contact, as defined by Section 13A-6-60. The crime of soliciting a student to perform a sex act is a Class A misdemeanor.
Sexual Exploitation
Federal Law: n/a
Alabama Law:
Distributing a Private Image with Intent to Harass, Threaten, Coerce, or Intimidate the Person Depicted Ala. Code § 13A-6- 240(a). A person commits the crime of distributing a private image if he or she knowingly posts, emails, texts, transmits, or otherwise distributes a private image with the intent to harass, threaten, coerce, or intimidate the person depicted when the depicted person has not consented to the transmission and the depicted person had a reasonable expectation of privacy against transmission of the private image.
Sexual Extortion Ala. Code § 13A-6- 241(a). A person commits the crime of sexual extortion if he or she knowingly causes or attempts to cause another person to engage in sexual intercourse, sodomy, sexual contact, or in a sexual act or to produce any photograph, digital image, video, film, or other recording of any person, whether recognizable or not, engaged in any act of sadomasochistic abuse, sexual intercourse, sodomy, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct by communicating any threat to injure the body, property, or reputation of any person.
Possession and Possession with Intent to Disseminate Obscene Matter Containing Visual Depiction of Persons Under 17 Years of Age Involved in Obscene Acts – Ala. Code § 13A-12-192.
- Any person who knowingly possesses with intent to disseminate any obscene matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class B felony. Any transfer of the visual depiction from any electronic device to any other device, program, application, or any other place with storage capability which can be made available or is accessible by other users, is prima facie evidence of possession with intent to disseminate.
- Any person who knowingly possesses any obscene matter that contains a visual depiction of a person under the age of 17 years engaged in any act of sado-masochistic abuse, sexual intercourse, sexual excitement, masturbation, breast nudity, genital nudity, or other sexual conduct shall be guilty of a Class C felony.
Sexual Harassment or Gender Based Harassment
Federal Law:
Sexual harassment under Title IX means conduct on the basis of sex that satisfies one or more of the following:
- An employee of the recipient conditioning the provision of an aid, benefit, or service of the recipient on an individual's participation in unwelcome sexual conduct;
- Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the recipient's education program or activity; or
- "Sexual assault" as defined in 20 U.S.C. 1092(f)(6)(A)(v), "dating violence" as defined in 34 U.S.C. 12291(a)(10), "domestic violence" as defined in 34 U.S.C. 12291(a)(8), or "stalking" as defined in 34 U.S.C. 12291(a)(30). 34 C.F.R. § 106.30(a).
Alabama Law: n/a
- Overview and Applicability
The University of Alabama in Huntsville (“UAH” or “University”) developed these Procedures for the Resolution of Title IX Sex Discrimination (Non-Harassment) Reports Against Students (the “Procedures”) pursuant to and in compliance with Title IX of the Education Amendments of 1972 and its implementing regulations (collectively referred to as “Title IX”). These Procedures should be read in conjunction with the Title IX Sex Discrimination, Sexual Exploitation, Sexual Harassment, and Sexual Violence Policy (the “Title IX Policy”) and the Code of Student Conduct, which includes additional information regarding applicable definitions, key terms, reporting options, available resources and other relevant topics.
These Procedures will be used to assess, investigate and/or resolve Reports of Prohibited Conduct prohibited by the Title IX Policy brought against UAH students (undergraduate, graduate, full- time, and part-time) that do not fall within the category of Sexual Harassment or Sexual Violence as defined in UAH’s Title IX Policy. Sex discrimination prohibited by the Title IX Policy is defined as the exclusion from participation in, denial of benefits from, or subjection to unfavorable treatment in any University educational or employment-related program or activity on the basis of gender, sexual orientation, gender identity, or gender expression.
Formal Complaints of Sexual Harassment or Sexual Violence against students will be assessed, investigated, and/or resolved using the Procedures for the Resolution of Title IX Sexual Harassment and Sexual Violence Complaints. Formal Complaints of Sexual Harassment or Sexual Violence that include allegations of both sexual harassment and sex discrimination (non- harassment) or sexual exploitation will be addressed pursuant to the Procedures for the Resolution of Title IX Sexual Harassment and Sexual Violence Complaints.
All other Reports of discrimination against students, including but not limited to those based on race, color, religion, ethnic origin, age, and disability, will be resolved using the UAH’s Discrimination Complaint/Grievance Procedure. Additionally, any sex discrimination and/or sexual exploitation that does not rise to the level of Prohibited Conduct and/or falls outside the jurisdiction of the Title IX Policy and these Procedures may be investigated and addressed pursuant to other applicable policies, including, but not limited to, UAH’s Equal Opportunity and Affirmative Action Policy, Discrimination Complaint/Grievance Procedures, and Code of Student Conduct.
UAH is fully committed to promoting a safe and healthy educational and work environment. All community members are strongly encouraged to report to the University any incident of sex discrimination and/or sexual exploitation.
- Rights of the Complainants and Respondents
- Right to an Advisor
Complainants and Respondents may be accompanied by one advisor throughout the investigation. That advisor, however, cannot be someone who may be considered a witness during the investigation. An advisor can be present to provide support to a Complainant or Respondent throughout an investigation and any hearing process. An advisor may not speak, write, or otherwise communicate with an Investigator, any student or University employee that is part of the investigation process, or the Hearing Panel on behalf of the Complainant or Respondent. An advisor who does not abide by these guidelines may be excluded from the investigation and/or hearing process. The advisor may be legal counsel, but participation will be limited as stated herein. An advisor’s failure to comply with the participation limitations outlined in these Procedures and the Title IX Policy may result in the advisor being dismissed from any meeting, or other proceeding. Any fees charged by the advisor are the sole responsibility of the requesting party. Consistent with the University’s obligations to promptly resolve Reports of sex discrimination and/or sexual exploitation, the University reserves the right to proceed with any meeting or interview, regardless of the availability of the party’s selected advisor.
- Additional Rights of Both Complainants and Respondents
These Procedures for the investigation and resolution of Reports of sex discrimination and/or sexual exploitation Reports against students are designed to be accessible, prompt, fair, and impartial. Throughout the investigation, adjudication, and resolution of sex discrimination Reports, both complainant(s) and Respondent(s) have the following rights:
- To be informed of available options for making a Report of sex discrimination and/or sexual exploitation;
- To receive a notice of the allegations, an opportunity to respond to allegations, and access to policy statements regarding the investigation process and possible sanctions/disciplinary action;
- To be advised of the University’s prohibition on retaliation against an individual who exercises their rights under Title IX or the Title IX Policy;
- To receive information regarding University and community support resources (including, but not limited to, modification of academic, living, transportation, or working situations; and available health and mental health counseling, victim advocacy, safety planning, information about possible legal assistance, visa and immigration assistance, student financial aid, and, if applicable, disability accommodations). A request for such accommodations or Supportive Measures, if they are reasonably available, will be provided;
- To a thorough and impartial investigation;
- To be accompanied by an Advisor at all University proceedings relevant to the investigation and Hearing process, subject to the limitations outlined herein;
- Subject to the limitations set forth herein, to be notified of significant actions and proceedings relevant to the University investigation and Hearing process;
- To be notified of the appeal process and whether an appeal is available;
- To be notified in writing when final results become available;
- To have access to published policies regarding Title IX and University disciplinary procedures, including the possible range of sanctions;
- To be notified that information and materials the University obtains during its investigation into allegations of sex discrimination and/or sexual exploitation may be disclosed in response to a valid subpoena; and
- To be notified that Respondent is not required to make a statement or otherwise provide information relevant to the investigation.
- Supportive Measures
Supportive Measures are available upon receipt of a Report of sex discrimination and/or sexual exploitation and prior to the resolution thereof, as appropriate. The issuance of Supportive Measures is not disciplinary in nature and should not be construed as a determination by the University that the Respondent has engaged in sex discrimination and/or sexual exploitation. Supportive Measures are available for the Complainant, Respondent, and/or the campus community while the University is investigating an allegation of sex discrimination and/or sexual exploitation. Both the Complainant and Respondent (or someone on behalf of the Complainant or Respondent) may request Supportive Measures from the University Title IX Coordinator or a Deputy Title IX Coordinator. The Title IX Coordinator will work with the appropriate office(s) to ensure that any necessary supportive measures are promptly provided. The range of Supportive Measures may include, but are not limited to the following:
- Rescheduling of exams and assignments;
- Providing alternative course completion options;
- Change in class schedule, including the ability to drop a course without penalty or to transfer;
- Change in work schedule or job assignment;
- Change in student’s campus housing;
- Assistance from University support staff in completing housing relocation;
- Limiting access to certain University facilities or activities pending resolution of the matter;
- Voluntary leave of absence;
- Providing academic support services, such as tutoring;
- Institutional resources pertaining to visa/immigrant status;
- University-imposed leave, suspension, or separation for the Respondent; and
- Any other measure that can be tailored to the involved individuals to achieve the goals of the Title IX Policy.
UAH will maintain the privacy of any Supportive Measures provided under the Title IX Policy to the extent practicable.
An individual’s failure to comply with restrictions imposed by Supportive Measures is a violation of the Title IX Policy and Code of Student Conduct and may be a basis for conduct action.
- Investigation Procedures
- Time Frame for Resolution
The University seeks to resolve all Reports of sex discrimination and/or sexual exploitation as promptly as reasonably possible. Best efforts will be made to follow the time frames discussed below.
In calculating time periods, “business days” do not include weekends or UAH holidays. All time frames may be extended when necessary to ensure the integrity and completeness of the investigation, accommodate the availability of witnesses, accommodate delays by the parties, account for University breaks or vacations, or address other legitimate reasons, including the complexity of the investigation (including the number of witnesses and volume of information provided by the parties) and the severity and extent of the alleged conduct. Any extension of the timeframes, and the reason for the extension, will be shared with the parties in writing.
UAH will disclose information about its investigation and resolution of sex discrimination and/or sexual exploitation Reports only to those who need to know the information to carry out their duties and responsibilities. It will inform all University personnel participating in an investigation, proceeding, or Hearing that they are expected to maintain the privacy of the process. This does not prohibit either a Complainant or Respondent from obtaining the assistance of family members, counselors, therapists, clergy, doctors, attorneys, or other resources.
- Initial Assessment
When a Report of sex discrimination and/or sexual exploitation is made, the Title IX 4 Coordinator[4] will conduct an Initial Assessment. This assessment will determine whether the alleged conduct could present a potential violation of the Title IX Policy and whether further action is warranted based on the alleged conduct.
The Initial Assessment normally begins with a preliminary meeting between the Complainant and the Title IX Coordinator or designee. The purpose of the preliminary meeting is to gather facts that will enable the Title IX Coordinator, in consultation with other offices as appropriate, to:
- Assess the nature and circumstances of the allegation(s);
- Address any immediate concerns about the emotional well-being of the parties;
- Notify the Complainant of the availability of medical treatment to address any mental and emotional health concerns and to preserve evidence;
- On and off campus resources;
- The available range of Supportive Measures;
- An explanation of the procedural options, including Voluntary Resolution, Investigation, and Adjudication; and
- The Complainant’s rights during the process;
- Discuss the Complainant’s expressed preference for manner of resolution and any barriers to proceeding;
- Explain the University’s policy prohibiting Retaliation; and
- Explain the role of an advisor.
If a Complainant wants to make a Report of sex discrimination and/or sexual exploitation but also wants to maintain anonymity and/or request that no investigative or disciplinary measures be taken, the Title IX Coordinator will advise the Complainant that the University will consider the request but cannot guarantee it will be able to honor the request. The University will weigh such a request in light of the University’s obligation to provide a non-discriminatory environment. There will be times when the University may not able to honor a request so as to comply with this obligation. In determining whether it can honor a request for confidentiality, some or all of the following factors may be considered:
- The nature and scope of the alleged conduct;
- The respective ages and roles of the Complainant and Respondent;
- The risk posed to any individual or to the campus community by not proceeding;
- Whether there have been other Reports of sex discrimination and/or sexual exploitation involving the Respondent;
- The Complainant’s wish to pursue disciplinary action;
- Whether the University possesses other means to pursue the investigation and obtain relevant evidence without participation from the Complainant;
- Considerations of fundamental fairness and due process with respect to the Respondent should the course of action include disciplinary action against the Respondent; and
- The University’s obligation to investigate and to provide a non-discriminatory environment.
The University’s ability to fully investigate and respond to a Report may be limited if the Complainant requests that their name not be disclosed to the Respondent or declines to participate in an investigation.
At the conclusion of the Initial Assessment, the Title IX Coordinator will determine the appropriate resolution route. Resolution may include: (1) no further action; (2) Informal Voluntary Resolution; or (3) the initiation of an investigation that may lead to sanctions/disciplinary action. The Respondent will be notified when UAH takes action that would impact a Respondent, such as the initiation of an investigation or the Complainant’s decision to seek Informal Voluntary Resolution.
- Informal Voluntary Resolution
Informal Voluntary Resolution, when selected by the Complainant and deemed appropriate by the Title IX Coordinator, is a path designed to eliminate the discriminatory conduct at issue, prevent its recurrence, and remedy its effects in a manner that meets the expressed preference of the Complainant and preserves the safety and welfare of the campus community. Informal Voluntary Resolution does not involve an investigation or disciplinary action against a Respondent and is not appropriate for all forms of conduct under the Title IX Policy. The time frame for completion of Informal Voluntary Resolution may vary, but the University will seek to complete the process within sixty (60) business days of the Complainant’s request.
A Complainant may request and decide to pursue Informal Voluntary Resolution at any time; however, the University retains the discretion to determine which cases are appropriate for Informal Voluntary Resolution, for example, when the matter is sufficiently serious because it appears to be part of a persistent pattern, the nature of the alleged offense, or because the Complainant seeks to have a sanction imposed. In those cases in which Informal Voluntary Resolution involves either the notification to, or participation by, the Respondent, it is the Respondent’s decision whether to accept Informal Voluntary Resolution.
Informal Voluntary Resolution may include: establishing Supportive Measures; conducting targeted or broad-based educational programming or training for relevant individuals or groups; facilitating a meeting with the Respondent and with the Complainant in appropriate cases; and any other remedy that can be tailored to the involved individuals to achieve the goals of the Title IX Policy. In some forms of Informal Voluntary Resolution, the remedies imposed will focus on supporting the Complainant with no participation or involvement by the Respondent. In other forms of Informal Voluntary Resolution, the Respondent may agree to participate. Depending on the type of remedy used, it may be possible for a Complainant to maintain anonymity. Informal Voluntary Resolution may also include restorative principles that are designed to allow a Respondent to accept responsibility for discrimination and acknowledge responsibility to the Complainant or to the University community. Restorative models will be used only with the consent of both parties, under the supervision of University-approved trained professionals, and following a determination by the University that the matter is appropriate for a restorative approach.
As the title implies, participation in Informal Voluntary Resolution is a choice, and either party can request to end this manner of resolution and pursue an investigation at any time, including if Informal Voluntary Resolution is unsuccessful at resolving the Report. Similarly, a Complainant can request to end an investigation and pursue Informal Voluntary Resolution at any time. In addition, either party may request Supportive Measures regardless of whether any particular course of action is sought.
Facilitators of Informal Voluntary Resolution cannot be used as a witness during a subsequent investigation or adjudication hearing. Because the outcome of Informal Voluntary Resolution process is mutually developed and agreed upon by the parties, an appeal of the process and its result is not permitted.
- Acceptance of Responsibility
The Respondent may, at any time, request to resolve the investigation process or resolve specific allegation(s) by accepting responsibility for the alleged sex discrimination and/or sexual exploitation. The Title IX Coordinator will complete a summary report of the information gathered. The Title IX Coordinator will consider the request; if the request is granted, the Title IX Coordinator, in consultation with the Director of Student Conduct will determine the appropriate sanction(s).
When a Respondent accepts responsibility for the sex discrimination and/or sexual exploitation, both the Complainant and Respondent may only appeal the determination on the basis that the sanction(s) is either too severe or too lenient. The appeal process is detailed in Section IX of these procedures.
- Investigation Procedures
If deemed appropriate based on the Initial Assessment, the University will initiate a prompt, thorough, and impartial investigation of conduct that the Title IX Coordinator determines involves matters covered by these Procedures (i.e., all Reports of non-harassment sex discrimination and/or sexual exploitation falling with the jurisdiction of Title IX brought against a student). The Title IX Coordinator will designate an Investigator(s) who has training and experience investigating allegations of sex discrimination and sexual exploitation. The Investigator may be a University employee or an outside investigator. The Investigator will coordinate the gathering of information to determine whether the preponderance of the evidence establishes that the alleged conduct constitutes a violation of the Title IX Policy. A preponderance of the evidence means that it is more likely than not that the alleged conduct occurred based on a totality of the circumstances.
The investigation is a neutral fact-gathering process. The Respondent is presumed to be not responsible; this presumption may be overcome only where the Investigator concludes that it is more likely than not that the Respondent violated the Title IX Policy. Neither party is required to participate in the investigation nor any form of resolution under these Procedures. The Investigator will not draw an adverse inference against a party merely because that party elects not to participate in the investigation.
The University will make reasonable efforts to protect the privacy of participants, in accordance with applicable state and federal law, while balancing the need to gather information to conduct a thorough investigation.
- Notice of Investigation
The Title IX Coordinator will send the Complainant and the Respondent a written Notice of Investigation, which constitutes the formal notice of the alleged policy violation(s). The Notice of Investigation will contain the following:
- Conducting the Investigation
The Title IX Coordinator will oversee the investigation. The investigation is designed to provide a fair and reliable gathering of the facts by a trained and impartial Investigator. All individuals, including the Complainant, the Respondent, and any third-party witnesses will be treated with appropriate sensitivity and respect throughout the investigation. The investigation will safeguard the privacy of the individuals involved in a manner consistent with federal law and University policy.
During the investigation, the Complainant and Respondent will have an opportunity to be heard, submit information, and identify witnesses who may have relevant information. The Investigator will speak separately with the Complainant, the Respondent, and any other individuals who are willing to participate and have information relevant to the determination of responsibility. As part of the investigation, the Investigator may gather or receive information that is relevant to the determination of an appropriate sanction or remedy, including information about the impact of the alleged conduct on the parties. The Investigator will also endeavor to gather all available evidence, including prior statements by the parties or witnesses, any communications between the parties, email messages, social media materials, text messages, audio or video recordings, and other records as appropriate, available, and feasible.
The Investigator has the discretion to determine the relevance of any witness or other evidence to the finding of responsibility and may exclude information if the Investigator determines that the information is irrelevant. The Investigator may also exclude statements of personal opinion by witnesses and statements as to general reputation for any character trait, including honesty.
- Timing of the Investigation
The University will seek to conclude the investigation within sixty (60) business days from the issuance of the Notice of Investigation. The time frame for completion of the investigation, or any designated time frames of steps in the investigation, may be extended as set forth herein above. Any extension of the timeframes, and the reason for the extension, will be shared with the parties in writing. Best efforts will be made to complete the process in a timely manner by balancing principles of thoroughness and fundamental fairness with promptness.
- Cooperation in the Investigation
All community members, including students, faculty, and staff are strongly encouraged and expected to cooperate with the Title IX Coordinator in the investigation, as well as any adjudication, of any allegations of Prohibited Conduct. The Title IX Coordinator may request to meet with individuals from the University community identified as having relevant evidence. Both a Complainant and a Respondent may decline to participate in proceedings under the Title IX Policy. The Title IX Coordinator will determine whether the investigation and any adjudication will proceed without the Complainant(s) pursuant to the factors set out in the Initial Assessment as described in Section IV above.
- Submission of Additional Evidence
At the conclusion of the investigation and prior to preparing the Final Investigation Report, the Investigator will notify the Complainant and Respondent of the completion of the investigation and provide them with the opportunity to submit any additional evidence, such as witness identities, documents, or other information not previously submitted. The parties will have ten (10) business days from the date of the notification is sent to submit any such additional evidence in writing. In the absence of good cause, evidence discoverable through the exercise of due diligence that is not provided to the Investigator will not be considered by the Investigator or a Hearing Panel.
- Final Investigation Report
After receipt and consideration of any additional evidence from the Complainant or Respondent, or after the ten (10) business days have lapsed without the submission of additional evidence, the Investigator will complete a Final Investigation Report. The Final Investigation Report shall summarize and analyze the relevant facts determined through the investigation, with reference to any supporting documentation or statements. The Final Investigation Report shall also include a determination, using the preponderance of the evidence standard, regarding whether the Respondent is responsible for violating the Title IX Policy. In reaching this determination, the Investigator will consult with the Title IX Coordinator. If it is determined that the evidence supports a finding of responsibility, the Final Investigation Report will also include recommended sanctions as set forth herein and/or the Student Conduct Code. All such recommended sanctions identified by the Investigator shall be approved in advance by the Title IX Coordinator. Additional information regarding sanctions is set forth below in Section VII.
The Title IX Coordinator or Designee shall provide a copy of the Final Investigation Report in electronic format to both parties simultaneously, as well as a notice of the right of both parties to request adjudication by a Hearing Panel in accordance with Section V below. The Title IX Coordinator or Designee may, in his/her sole discretion, redact portions of the Final Investigation Report to protect privacy interests, comply with applicable federal, state, or local law, or address other considerations. As a precondition of receiving a copy of the Final Investigation Report, all parties and their respective advisors (if any) must sign and agree to abide by a non-disclosure agreement.
Upon the conclusion of the investigation, the Title IX Coordinator or Designee will meet with the accused student and discuss whether the student accepts or contests the findings in the Final Investigation Report. If the student accepts responsibility, the Deputy Title IX Coordinator for Students will assign sanctions deemed appropriate.
If the Respondent timely contests one or more of the finding(s) of responsibility, the Respondent may submit a written statement to the Title IX Coordinator or Designee explaining why the Respondent contests such finding(s). The Title IX Coordinator or Designee will allow the Complainant to review such statement and respond in writing within five (5) business days from the date of review.
When the Investigator determines the preponderance of the evidence does not support a finding of responsibility on one or more of the allegations, the Complainant may accept or contest the recommended finding(s) by so notifying the Title IX Coordinator or Designee, in writing. If the Complainant accepts the recommended finding(s) of no responsibility, the investigation will be closed and documented in accordance with applicable University policies. If the Complainant timely contests one or more of the recommended finding(s), the Complainant may submit a written statement to the Title IX Coordinator or Designee explaining why the Complainant contests such finding(s). Title IX Coordinator or Designee will allow the Respondent to review such statement and respond in writing within five (5) business days from the date of review.
Where both the Complainant and the Respondent agree with the determination and any recommended sanction detailed in the Final Investigation Report, or where neither party requests further review within the timelines discussed below, the determination and sanction(s) become final. The Title IX Coordinator will notify both parties concurrently in writing that the determination is final and not subject to further appeal or review.
For both Complainants and Respondents, a request for adjudication by a Hearing Panel is timely when it is delivered in writing to the Title IX Coordinator within five (5) business days after meeting with the Title IX Coordinator/ or Designee to review the findings in the Final Investigation Report.
- Adjudication by a Hearing Panel
- Review of a Determination that a Title IX Policy Violation Occurred
If the Respondent or Complainant challenges the determination, the Title IX Coordinator will issue a Notice of Hearing to the Complainant and the Respondent and convene a Hearing Panel in accordance with the procedures outlined below. The Hearing Panel’s role is twofold: (i) determine whether the preponderance of the evidence establishes a Title IX Policy occurred, and if so, (ii) determine what sanction(s), if any, is warranted.
- Hearing Process
After issuing a Notice of Hearing, the Title IX Coordinator will designate a Hearing Panel to review the determination in the Final Investigation Report. A Hearing Panel is composed of the following three (3) members selected from a pool of trained individuals: a Hearing Chair, and two (2) additional individuals. Any individual designated by the Title IX Coordinator/ Dean of Student (or Designee) to serve on a Hearing Panel must have sufficient training or experience to serve in this capacity. A Hearing Panel member may decline to participate based on a conflict of interest, bias, or lack of impartiality. The Hearing Chair will conduct and preside over the hearing and is also a voting member of the Hearing Panel. The Hearing Chair’s role is to maintain consistency in the hearing process by providing the Hearing Panel with guidance on all applicable Title IX Policy and procedures, the preponderance of the evidence standard, and the range of available sanctions. The Hearing Chair will also draft the Hearing Panel’s determination.
Both parties will be notified at least five (5) business days prior to the pre-hearing meeting with a date, time, location, and the names of the members of the Hearing Panel. The parties may not contact any member of the Hearing Panel prior to the pre-hearing meeting or hearing.
- Pre-Hearing Meeting
As the first step in the Hearing Process, the Hearing Chair will meet separately with the Investigator and each party to resolve any pre-hearing concerns. At this pre-hearing meeting, the parties will each have the opportunity to identify the witnesses (who have already been identified and interviewed by the Investigator) they wish to call at the hearing; raise any challenge to the composition of the Hearing Panel based on bias, conflict of interest, or lack of impartiality; and identify any evolving or new information not previously identified through the investigation or available through the exercise of due diligence. The parties will also have the opportunity to address questions about the process. If the Complainant is not participating in the hearing, he/she is not required to attend this meeting.
Both parties have the ability to challenge a Hearing Panel member on the basis of an actual conflict of interest, bias, or lack of impartiality. The request must be submitted in writing, raised no later than the date of the pre-hearing meeting, and clearly state the grounds to support a claim of bias, conflict of interest, or an inability to be fair and impartial. Failure to object prior to the date of the pre-hearing meeting eliminates the possibility of appealing the outcome of the hearing based on the assertion that a member of the Hearing Panel had a conflict of interest, was biased, or lacked impartiality.
- Hearing Procedures
The Hearing will be scheduled and conducted in accordance with the procedures outlined herein. The Hearing will take place in a closed session. The Hearing Panel will determine whether the preponderance of the evidence establishes a Title IX Policy violation occurred. In reaching a determination, the Hearing Panel will solicit information from the Investigator, the Complainant, the Respondent, and any witnesses as appropriate to ensure a full assessment of the relevant facts. This information shall be provided in the presence of the parties, unless a party waives their right to participate.
Subject to the limitations stated in the Title IX Policy or these Procedures, both the Complainant and the Respondent have the same opportunity to have an advisor of their choice present during the hearing, at their own expense. The advisor, who may be an attorney, may privately consult with and advise the party but may not question witnesses, make statements, or otherwise directly participate in the proceedings. The Hearing Chair may remove or dismiss an advisor who becomes disruptive or who does not abide by the limitations on their participation.
All evidence each party wishes to be considered by the Hearing Panel should have been presented to the Investigator during the investigation process. If evidence was not provided to the Investigator during the investigation process, then presentation of such evidence during the hearing is at the discretion of the Hearing Chair, but generally will only be allowed based on new information not known during the investigation process. Further, all materials that the Investigator, Complainant, or Respondent want the Hearing Panel to consider must be submitted to the Title IX Coordinator (or designee) at least four (4) business days prior to the hearing. The Title IX Coordinator (or designee) will provide the submitted materials to the Hearing Panel and make copies available for inspection by the Complainant and Respondent at least three (3) business days prior to the hearing, consistent with FERPA or other regulation governing the disclosure of education records. Any materials submitted and/or discovered fewer than four (4) business days before the hearing may only be considered at the sole discretion of the Hearing Chair.
The Complainant and the Respondent have the right to present witnesses, subject to the discretion of the Hearing Chair. Each party must provide a list of potential hearing witnesses to the Title IX Coordinator (or designee) at least four (4) business days prior to the hearing. The Title IX Coordinator (or designee) will provide the witness list(s) to the Hearing Panel.
All questioning of parties is conducted through the Hearing Panel. A party does not have a right to question or cross examine another party directly. A party may recommend direct questions to be asked of another party by submitting them in writing to the Title IX Coordinator (or designee) three (3) calendar days prior to the hearing. The Title IX Coordinator (or designee) will provide them to the Hearing Panel. During the hearing, a party may also submit, in writing, questions to the Hearing Panel based on information presented during the hearing. The Hearing Chair, in his/her sole discretion, will determine the relevancy of all questions presented, and, if they are deemed relevant, the Hearing Panel may pose those questions to the other party. The Hearing Chair has discretion to alter the exact wording of any proposed question. Parties (but not advisors) may directly question non-party witnesses or provide proposed questions to the Hearing Panel. The Hearing Panel may also independently question the parties, witnesses, and/or Investigator to elicit relevant information.
The Complainant and Respondent may appear before the Hearing Panel if they wish and make an oral statement regarding the facts. Upon request, a party or witness may participate by telephone or videoconference from a different physical location or may request that a visual barrier be placed to limit the individual’s exposure to other hearing participants. The Complainant and Respondent will not be in the hearing room together, unless both parties agree in writing. The party who is not before the Hearing Panel may have audio access to the hearing via telephone when the other party appears.
A Respondent, Complainant, advisor, and/or witness may not bring electronic devices that capture or facilitate communication (e.g., computer, cell phone, audio/video recorder, etc.) into a hearing room. The Title IX Coordinator will make an audio recording of the hearing to be kept on file in accordance with UAH’s document retention policy. Reasonable care will be taken to create a quality audio recording and minimize technical problems; however, technical problems that result in no recording or an inaudible one will not be a valid argument for appeal.
At the conclusion of the hearing, the Hearing Chair will explain that the panel will deliberate to make a decision of responsibility based on preponderance of the evidence standard and sanctions, if warranted.
- Notice of Hearing Outcome
Within five (5) business days of the conclusion of the Hearing, the University will provide a written Notice of Hearing Outcome to the Complainant and the Respondent concurrently. The Notice of Hearing Outcome will include the finding by the Hearing Panel as to whether there is a Title IX Policy violation, the rationale for the result, and a brief summary of the evidence on which the decision is based, as appropriate. Where there is a finding of a Title IX Policy violation, the Respondent will be informed of any sanctions, the date by which the requirements must be satisfied (if applicable), and the consequences of failure to satisfy the requirements. The Complainant will be informed of any sanctions and remedies that directly relate to the Respondent, including information about the Respondent’s presence on campus (or in a shared class or residence hall), that may help a Complainant make informed decisions or work with the University to eliminate Prohibited Conduct and prevent its recurrence.
The Notice of Hearing Outcome will also include information about the appeal process, including the available grounds for an appeal, the time frame for submitting an appeal, and the name of the VP for Student Affairs who will be assigned to review any appeal filed. If neither party seeks an appeal within five (5) business days of the issuance of the Notice of Outcome, any sanction(s) imposed by the Hearing Panel will take effect immediately.
- Imposition of Sanctions
The Title IX Policy prohibits a broad range of behaviors, which are serious in nature. In keeping with the University’s commitment to foster an environment that is safe, inclusive, and free of Prohibited Conduct, the Title IX Policy provides the Investigator and Hearing Panel with wide latitude in the imposition of sanctions tailored to the facts and circumstances of each report, the impact of the alleged Prohibited Conduct on the Complainant and surrounding community, and accountability for the Respondent. The imposition of sanctions is designed to eliminate Prohibited Conduct under the Title IX Policy, prevent its recurrence, and remedy its effects, while supporting the University’s educational mission and federal obligations. Sanctions may include educational, restorative, rehabilitative, and punitive components. Some behavior, however, is so egregious in nature, harmful to the individuals involved, or so deleterious to the educational process that it requires severe sanctions, including suspension from the University.
In cases where neither party challenges the Investigator’s determination of responsibility or recommended sanctions as outlined in the Final Investigation Report, the sanctions set forth therein will stand. In cases that are resolved through a Hearing Panel, the Hearing Panel is responsible for determining the appropriate sanction(s). In determining appropriate sanctions, both the Investigator or Hearing Panel may solicit information from the Complainant, the Respondent, and any other individual who can provide information relevant to a determination regarding potential sanctions.
In addition, the Investigator and the Hearing Panel shall consider the following factors:
- the nature of the conduct at issue;
- the impact of the conduct on the Complainant;
- the impact or implications of the conduct on the community or the University;
- prior misconduct by the Respondent, including the Respondent’s relevant prior discipline history;
- maintenance of a safe and respectful environment conducive to learning; and
- any other mitigating, aggravating, or compelling circumstances to reach a just and appropriate resolution in each case.
The Investigator and the Hearing Panel may also consider restorative outcomes that allow a Respondent to develop insight about their responsibility for the behavior, learn about the impact of the behavior on the Complainant, and identify how to prevent or change the behavior.
- Remedies
The Title IX Coordinator (or Designee) will identify long-term or permanent remedies to address the effects of the conduct on the Complainant, restore the Complainant’s well-being, and maximize the Complainant’s educational and employment opportunities. Such remedies should seek to restore to the Complainant, to the extent possible, all benefits and opportunities lost as a result of the Prohibited Conduct. The Title IX Coordinator will also identify remedies to address the effects of the conduct on the University community.
The Title IX Coordinator will consider the appropriateness of remedies, including Supportive Measures, on an ongoing basis to assure the well-being of the parties throughout the process. Long-term remedies may include extending or making permanent any Supportive Measures or implementing additional measures tailored to achieve the goals of the Title IX Policy. Many of the remedies that a Complainant might need after a finding of responsibility will have already been provided as Supportive Measures, including, but not limited to, academic accommodations, short term counseling, and housing arrangements. The Title IX Coordinator will, in all cases, consider whether there is a need for additional remedies. Additional remedies or supports may be included in the sanctions, such as reassignment or removal of the Respondent from a class or a dormitory.
- Appeals Process
- Appeal of the Notice of Hearing Outcome
Following a hearing, both the Complainant and Respondent have a right to seek a review of the Notice of Hearing Outcome with regard to a finding of responsibility or non- responsibility and/or the imposed sanctions.
Mere dissatisfaction with the Notice of Hearing Outcome is not a valid basis for appeal. The Complainant’s and Respondent’s right to appeal the Notice of Hearing Outcome regarding a final determination of responsibility and/or the resulting sanction(s) are limited to:
- The existence of a procedural irregularity that materially affected the Hearing Panel’s decision and/or recommended sanctions;
- The existence of new evidence that was not reasonably available at the time the determination regarding responsibility or sanctions was made that could affect the outcome
- The Title IX Coordinator, Investigator, or Hearing Panel member(s) had a conflict of interest or bias that affected the outcome; and/or
- The University Hearing Panel’s recommended sanctions are too severe or too lenient.
The appeal must be submitted in writing to the VP for Student Affairs within five (5) business days of the issuance of the Notice of Hearing Outcome. The appeal shall consist of a plain, concise, and complete written statement outlining the grounds for appeal and all relevant information to substantiate the basis for the appeal.
Each party will be given the opportunity to review the written appeal and respond to it in writing to the VP for Student Affairs. Any response by the opposing party must be submitted to the VP for Student Affairs within three (3) business days from being provided the appeal for review. If both parties file an appeal, the appeal documents from each party will be considered together in one appeal review process.
In any request for an appeal, the burden of proof lies with the party requesting the appeal, because the Notice of Hearing Outcome will be presumed to have been decided reasonably and appropriately. Appeals are not intended to be a rehearing of the matter. The scope of the appeal will be limited only to the permissible grounds outlined above that have been accepted for review. In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the grounds for appeal. The VP for Student Affairs may speak to the Investigator, the Hearing Chair, or the parties, as appropriate. The VP for Student Affairs will defer to the original Hearing Panel, making changes to Hearing Panel’s findings only where there is clear error.
If an appeal is granted, the VP for Student Affairs may remand the case to the Hearing Panel and provide instructions regarding the nature and extent of its reconsideration. The Hearing Panel will act promptly to reconsider the matter consistent with those instructions. Following reconsideration, the finding of the Hearing Panel or the sanction(s) imposed by the Hearing Panel will be final and not subject to further appeal under the Title IX Policy.
Alternatively, the VP for Student Affairs may modify the Hearing Panel’s decision and/or sanction in accordance with the Title IX Policy and these Procedures.
If the appeal is denied, the matter is closed, and the Hearing Panel’s decision stands as final. The VP for Student Affairs will issue a written decision describing the result of the appeal and the rationale for the result. The appeal decision will be provided simultaneously to both parties no later than fifteen (15) business days after all written responses are received.
The imposition of sanctions pursuant to a Notice of Hearing Outcome shall be stayed during an appeal under this Section.
- Appeal of Sanctions when Respondent Accepts Responsibility
For cases of Acceptance of Responsibility, the Complainant and/or Respondent can only appeal based on the grounds that the sanction(s) imposed are either too severe or too lenient. Appeals must be submitted to the VP of Student Affairs or his or her designee.
Each party may respond in writing to any appeal submitted by the other party. Written responses must be submitted within three (3) business days following email delivery of the notice of the written appeal. Written requests for appeal submitted by one party will be shared with the other party. The sanction review will ordinarily be a review of the Title IX summary report and any information submitted by the parties to the VP for Student Affairs. The VP for Student Affairs has the ability to sustain or modify the sanctions. The VP for Student Affairs will simultaneously notify the parties of the Appeal decision within fifteen (15) days of receipt of all written responses. The appeal decision is final.
- Appeals Process
These resolution procedures are the exclusive means of resolving Reports alleging sex discrimination (non-harassment) and/or sexual exploitation by UAH students in violation of the Title IX Policy. To the extent there are any inconsistencies between these resolution procedures and other University grievance, complaint, or discipline procedures, these resolution procedures will control the resolution of Reports alleging sex discrimination (non-harassment) and/or sexual exploitation by UAH students in violation of the Title IX Policy.
