Prohibition of Sexual Harassment & Sexual Misconduct

Policy Number: 59

Subject:

Reporting and responding to reports of Sexual Harassment and Sexual Misconduct.

Scope:

Members of the University community including administrators, faculty, staff, students, residents, postdoctoral research fellows, clinic fellows, volunteers (including faculty appointed without salary), and third parties within the University’s control (visitors, contractors, vendors, consultants, observers, applicants for employment or admission and visiting students.

Date Reviewed:

September 2026

Responsible Office:: Office of the President
Responsible Executive:: President

I. POLICY AND GENERAL STATEMENT

The University of Texas Health Science Center at Houston (“University”) is committed to maintaining a learning and working environment that is free from discrimination based on sex in accordance with Title IX of the Higher Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in education programs or activities; Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act (SaVE Act), Violence Against Women Act (VAWA), and Clery Act.

Sexual Misconduct and other conduct prohibited under this Policy will not be tolerated and will be subject to disciplinary action. The University will take appropriate action when any individuals or organizations within its control violate this Policy, including but not limited to, dismissal or separation from the University. The University encourages you to promptly report incidents that could constitute violations of this Policy to the Title IX Coordinator. Responsible Employees as defined below are required to report any violations of this Policy in accordance with Section III.A. Failure to do so may result in separation from the University.

Free Speech. Freedom of speech and principles of academic freedom are central to the mission of institutions of higher education. Constitutionally protected expression cannot be considered Sexual Misconduct under this Policy.

Applicability. This Policy applies to all University administrators, faculty, staff, students, and third parties within the University’s control, including visitors and applicants for admission or employment. The Policy also applies to conduct that occurs:

on University-owned or -controlled premises (including those buildings owned or leased by officially recognized student organizations); or
in an education program or activity including University-sponsored or -supported events; or
off campus when the conduct potentially affects a complainant’s education or employment with the University, or potentially poses a risk of harm to any member of the University community.

It also applies regardless of the gender, gender identity or sexual orientation of the parties.

Prohibited Conduct: Prohibited conduct under this Policy includes:

Sexual Misconduct: Sex Discrimination; Sexual Harassment; Sexual Assault; Domestic Violence; Dating Violence; Stalking; Sexual Exploitation; and Other Inappropriate Sexual Conduct; and
Non-Sexual Misconduct: Retaliation; Failure to Report for a Responsible Employee; Interference with the Grievance Process; and False Information and False Complaints.

Allegations of Prohibited Conduct under this Policy will be investigated and adjudicated in accordance with this Policy. The definitions of Prohibited Conduct are in the Definitions Section of this Policy.

II. DEFINITIONS

Coercion: The use of unreasonable pressure to compel another individual to initiate or continue sexual activity against an individual’s will. Coercion can include a wide range of behaviors, including psychological or emotional pressure, physical or emotional threats, intimidation, manipulation, or blackmail that causes the person to engage in unwelcome sexual activity. A person’s words or conduct are sufficient to constitute coercion if they eliminate a reasonable person’s freedom of will and ability to choose whether or not to engage in sexual activity.

Complainant: The individual who is alleged to have been subjected to conduct that could constitute Prohibited Conduct under this Policy.

Confidential Employees: Includes counselors in counseling and psychological Services, health care providers in health services, or clergypersons.

For students: Counselors and health care providers in Student Health & Counseling Services, or the Office of Academic Ombuds.
For employees: Counselors in the Office of Employee Assistance Programs and health care providers in UT Health Services.

Additionally, employees who receive information regarding alleged Sexual Misconduct under circumstances that render the employee’s communications confidential or privileged under other law (such as attorneys) are also considered “Confidential Employees.” This only applies with respect to information received while the employee is functioning within the scope of their duties to which privilege or confidentiality applies. For designated confidential employees, the employee’s “confidential status” is only with respect to information received about alleged Sexual Misconduct in connection with providing those services.

Note: Under state law, Confidential Employees who receive information regarding incidents of Sexual Harassment, Sexual Assault, Dating Violence or Stalking (as defined under state law) committed by or against a student or an employee of the University, are required to report the type of incident to the Title IX Coordinator (or Deputy Coordinators). Confidential Employees may not include any information that would violate a student’s or employee’s expectation of privacy. The Confidential Employee’s duty to report an incident under any other law also applies (e.g., Texas Medical Board, Texas Board of Nursing).

Consent: A voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity. Consent to one act does not imply consent to another. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent can be withdrawn at any time. Any expression of an unwillingness to engage in any instance of sexual activity establishes a presumptive lack of consent.

Consent is not effective if it results from: (a) the use of physical force, (b) a threat of physical force, (c) intimidation, (d) coercion, (e) incapacitation or (f) any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether to have sexual activity.

A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be a voluntary, mutually understandable agreement that clearly indicates a willingness to engage in each instance of sexual activity.

Dating Violence: 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 consideration of the following factors:

The length of the relationship;
The type of relationship; and
The frequency of interaction between the persons involved in the relationship.

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. It does not include acts covered under the definition of domestic violence.

Domestic Violence: Includes felony or misdemeanor crimes committed by a current or former spouse or intimate partner of the victim under the domestic or family violence laws of the state of Texas, including the use or attempted use of physical abuse or sexual abuse, or a pattern of any other coercive behavior committed, enabled, or solicited to gain or maintain power and control over a victim, including verbal, psychological, economic, or technological abuse that may or may not constitute criminal behavior, by a person who:

is a current or former spouse or intimate partner of the victim, or a person similarly situated to a spouse of the victim;
who shares a child in common with the victim;
is cohabitating, or has cohabitated, with the victim as a spouse or intimate partner; or
commits acts against an adult or youth victim who is protected from those acts under the domestic or family violence laws of the state of Texas.

Domestic Violence, under this Policy, cannot be committed by a person who is simply living together and cohabiting as roommates, if the individuals were not current or former spouses or intimate partners.

Economic Abuse: In the context of Dating and Domestic Violence (defined in this Policy), it means behavior that is coercive, deceptive or unreasonably controls or restrains a person's ability to acquire, use or maintain economic resources to which they are entitled, including using coercion, fraud, or manipulation to:

Restrict a person's access to money, assets, credit or financial information;
Unfairly use a person's personal economic resources, including money, assets and credit for one's own advantage; or
Exert undue influence over a person's financial and economic behavior or decisions, including forcing default on joint or other financial obligations, exploiting powers of attorney, guardianship, or conservatorship, or failing or neglecting to act in the best interests of a person to whom one has a fiduciary duty.

Incapacitation: The inability, temporarily or permanently, to give consent because the individual is mentally and/or physically helpless, either voluntarily or involuntarily, or the individual is unconscious, asleep, or otherwise unaware that the sexual activity is occurring. An individual may be incapacitated if they are unaware at the time of the incident of where they are, how they got there, or why or how they became engaged in a sexual interaction.

Intimidation: Unlawfully placing another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

Other Inappropriate Sexual Conduct: Conduct “on the basis of sex” that does not meet the definition of “Sexual Harassment” under this Policy, but is:

Unwelcome conduct that is objectively offensive and so severe or pervasive that it unreasonably interferes with, limits, or effectively denies a person’s ability to participate in or benefit from a University program or activity, or adversely affects the terms and conditions of a person’s University employment.

Whether the conduct is “on the basis of sex” will be determined by examining the totality of the circumstances, whether a reasonable person subjected to the conduct would construe the conduct as “on the basis of sex”, and whether the individual subject to the conduct construed it as “on the basis of sex.” Examples of Other Inappropriate Sexual Conduct include, but are not limited to:

Unwelcome sexual advances (including explicit or implicit proposition(s) of sexual contact or activity);
Requests for sexual favors (including overt or subtle pressure);
Gratuitous comments about an individual’s sexual activities or speculation about an individual’s sexual experiences;
Gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature about clothing or bodies;
Persistent, unwanted sexual or romantic attention; or
Deliberate, repeated humiliation or intimidation.
Unwelcome intentional touching of a sexual nature;
Deliberate physical interference with or restriction of movement;
Exposure to sexually suggestive visual displays such as photographs, graffiti, posters, calendars or other materials; or
Consensual sexual conduct that is unprofessional or inappropriate for the educational or workplace environment, such as engaging in sex acts in the workplace.

Participants: The term “participants” includes the Complainant, Respondent, and any witnesses.

Party (or Parties): The term “party” (or “parties”) refers to the “Complainant” and the “Respondent” under this Policy.

Preponderance of the Evidence: The greater weight of the credible evidence. Preponderance of the evidence is the standard for determining allegations of prohibited conduct under this Policy. This standard is satisfied if the action is deemed more likely to have occurred than not to have occurred.

Respondent: The individual who has been reported to be the perpetrator of Prohibited Conduct under this policy.

Responsible Employee: Required to report known incidents and information of Sexual Misconduct promptly to the Title IX Coordinator. All employees (including faculty without salary) are Responsible Employees except Confidential Employees or police officers when a victim uses a pseudonym form (as outlined in Section III.B.1 of this policy). Responsible Employees do not include student workers.

Retaliation: Any adverse action (including but not limited to intimidation, threats, coercion, harassment, or discrimination) taken against someone either (a) because the individual has made a report or filed a Formal Complaint; has supported or provided information in connection with a report or a Formal Complaint; has participated or refused to participate in a Grievance Process under this Policy; or has engaged in other legally protected activities, or (b) for the purpose of interfering with any right or privilege secured under Title IX or this Policy

Sex Discrimination: Occurs when an individual is treated less favorably on the basis of that person’s sex (including gender), which may also include on the basis of sexual orientation, gender identity, or expression, pregnancy or pregnancy-related condition, or a sex stereotype. Sexual harassment, as defined in this Policy, is a form of sex discrimination.

Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape:

Rape: The causing of penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Fondling: The causing of intentional touching of the clothed or unclothed genitals, buttocks, groin, breasts, or other body parts of another person, without the person’s consent, for the purpose of sexual degradation, gratification, or sexual humiliation.
Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Sexual Exploitation: Any nonconsensual or abusive conduct that takes sexual advantage of another person for the purposes of sexual arousal or gratification, financial gain, or other personal benefit. Examples of Sexual Exploitation include, but are not limited to:

transmitting, distributing, publishing, or threatening to transmit, distribute, or publish photos, video, audio, or other recordings, images, or generated images of a private and sexual nature, including consensual sexual activity, without the consent of the subject (s);
taking, making, sharing, or directly transmitting photographs, films, digital images, or generated images of the private body parts of another person without that person’s consent;
prostituting another person;
surreptitiously watching or knowingly allowing another to surreptitiously watch otherwise consensual sexual activity, without consent;
the intentional removal of a condom or other contraceptive barrier during sexual activity without the consent of a sexual partner;
threatening to “out” someone based on sexual orientation, gender identity, or gender expression;
threatening to harm oneself if the other party does not engage in the sexual activity;
threatening to disclose sensitive details about one’s sexual preferences, habits, and/or experiences;
threatening to expose someone’s prior sexual activity to another person; or
knowingly transmitting a sexually transmitted disease (STD) to another person without the person’s knowledge.

Sexual Harassment: Conduct “on the basis of sex” that satisfies one or more of the following:

Quid Pro Quo: An employee of the institution conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
Hostile Environment: Unwelcome sexual conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity; or
“Sexual Assault,” “Dating Violence,” “Domestic Violence,” or “Stalking” as defined in this Policy.

Note: The first and third bullets of this definition are not evaluated for severity, pervasiveness, offensiveness, or denial of equal educational access. Such conduct is sufficiently serious to deprive a person of equal access. Therefore, any instance of Quid Pro Quo Sexual Harassment or any instance of Sexual Assault, Dating Violence, Domestic Violence, or Stalking are considered Sexual Harassment under this Policy.

Sexual Violence: Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent. The term includes, but is not limited to, rape, sexual assault, sexual battery, sexual coercion, sexual abuse, indecency with a child, and/or aggravated sexual assault.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her 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.

Technological Abuse: In the context of Sexual Assault, Domestic Violence, Dating Violence, or Stalking (defined in this Policy), means an act or pattern of behavior that o is intended to harm, threaten, intimidate, control, stalk, harass, impersonate, exploit, extort, or monitor, except as otherwise permitted by law, another person, that occurs using any form of technology, including but not limited to: internet enabled devices, online spaces and platforms, computers, mobile devices, cameras and imaging programs, apps, location tracking devices, communication technologies, or any other emerging technologies.

III. PROCEDURE

A. Reporting Incidents

General Statement Empowering Community. This policy distinguishes between reporting Sexual Misconduct incidents on the one hand and filing Formal Complaints on the other. Reporting Sexual Misconduct incidents informs the University of the incident, which allows the institution to provide Supportive Measures (as outlined in Section III.B.3. of this Policy) to the Complainant and does not necessarily result in the initiation of the Grievance Process (as outlined in Section III.C.3. of this Policy). All Complainants who report incidents of Sexual Misconduct will be offered individualized Supportive Measures. If Complainants wish to initiate the Grievance Process, they should file a Formal Complaint. As explained in more detail below (including exceptions and details as to applicability), generally speaking, the Grievance Process may involve an investigation into the incident and a hearing to determine if the Respondent is responsible for the alleged conduct.

1. General Reporting

Any person may report Sexual Misconduct or Non-Sexual Misconduct (as outlined in Section I of this Policy) to the Title IX Coordinator. Individuals are strongly encouraged to report as soon as such conduct is known. Any person may report an incident, whether or not the person reporting is the person alleged to be the victim of the incident, and it can be a verbal or written report to the Title IX Coordinator:

Title IX Office/University Relations and Equal Opportunity
Hours: 8 a.m. to 5 p.m. Monday-Friday
Phone: 713-500-CALL (2255)
Email:[email protected]
Web report:Discrimination and Harassment Complaint Form
In person: 7000 Fannin St., Suite 150, Houston, TX 77030

Margaret McNeese, MD
Title IX Coordinator, Vice President of Clinical Human Resources, UTHealth Houston
Professor, Isabel S. and Ransom C. Lummis Family Professor in Pediatrics, McGovern Medical School
Office Location: 6431 Fannin St., MSB G.150A, Houston, TX 77030
Phone: 713-500-5163
Email:[email protected]

Deana Moylan
Deputy Title IX Coordinator
Parenting Student Liaison
Associate Vice President of University Relations and Equal Opportunity, UTHealth Houston
Office Location: 7000 Fannin St., UCT 150, Houston, TX 77030
Phone: 713-500-3279
Email:[email protected]

Tiffany Obeng
Deputy Title IX Coordinator
Sr. Director, Equal Opportunity, UTHealth Houston
Office Location: 7000 Fannin St., UCT 150, Houston, TX 77030
Phone: 713-500-2255
Email:[email protected]

Student resources
Title IX Coordinator	(713)500-CALL (2255)	[email protected]	7000 Fannin, Suite 150, Houston, TX	https://www.uth.edu/titleix/
Office of Institutional Compliance	Toll-Free Telephone Hotline: English-speaking U.S. and Canada: 833-222-0056 Spanish-speaking U.S. and Canada: 800-216-1288	[email protected] https://go.uth.edu/compliance-hotline	7000 Fannin, Suite 1510, Houston, TX	https://www.uth.edu/compliance/reporting-issues/hotline.htm
UT Police - Houston	(713) 792-STOP (7867)		7777 Knight Road Houston, TX 77054	https://www.utph.org/

2. Required Reporting by Responsible Employees

Responsible Employees are required to report known incidents and information of Sexual Misconduct promptly to the Title IX Coordinator, and must include whether a Complainant has expressed a desire for confidentiality in reporting the incident. All employees are Responsible Employees except Confidential Employees or police officers when a victim uses a pseudonym form (as outlined in Section III.B.1 of this Policy). For additional information, see Failure to Report for a Responsible Employee in Section III.C.19 of this Policy.

3. Anonymous Reporting

Individuals (who are not Responsible Employees) may make an anonymous report by telephone, in writing or electronically (https://go.uth.edu/compliance-hotline) with the Title IX Office. A person’s decision to remain anonymous, however, may greatly limit the University’s ability to stop the alleged conduct, collect evidence, or take action against parties accused of violating this Policy.

Anonymous reporting is not an option for fulfilling Responsible Employee Reporting Obligations outlined in Section III.A.2. of this Policy.

4. Reporting to Law Enforcement

Individuals may also file a police report with UTP-H at (713) 792-2890 (non-emergency) or to the City of Houston Police Department at (713) 884-3131 (non-emergency) or 911 (emergency) or to other local law enforcement authorities. The Title IX Office can help individuals contact these law enforcement agencies. Employees and students with protective or restraining orders relevant to a complaint are encouraged to provide a copy to UTP-H.

Criminal Process Separate. Reporting to law enforcement and initiating criminal charges is a separate process from submitting a report or filing a Formal Complaint with the University’s Title IX Office. Further, criminal investigations and proceedings are a separate process from the University’s Grievance Process under this Policy.

5. Reporting to Outside Agencies

You may also contact the following external agencies:

For students:

Office for Civil Rights
U.S. Department of Education
1999 Bryan Street, Suite 1620
Dallas, TX 75201-6810
(214) 661-9600
(214) 661-9587 (fax)

Office for Civil Rights
U.S. Department of Health and Human Services
1301 Young Street, Suite 1169
Dallas, TX 75202
Phone: (800) 537-7697
FAX: (214) 767-0432

For employees:

U.S. Equal Employment Opportunity Commission
Dallas District Office
207 S. Houston Street, 3rd Floor
Dallas, TX 75202
Phone: (972) 918-3580

TTY: (800) 669-6820

FAX: (214) 253-2720

Website: https://www.eeoc.gov/field-office/dallas/location

Texas Workforce Commission
Civil Rights Division
101 E. 15th Street
Room 144-T
Austin, TX 78778-0001Phone: (800) 628-5115

Website: https://www.twc.texas.gov/programs/civil-rights

6. Immunity

To encourage reporting of Sexual Misconduct and participation in the Grievance Process, the University will grant immunity for minor policy violations, such as underage possession or consumption of alcohol or use of illicit drugs when related to the alleged Prohibited Conduct under this Policy. Immunity from student and/or employee disciplinary action will be available to a person who acts in good faith in reporting an incident, filing a Formal Complaint, or participating in the Grievance Process. This immunity does not extend to the person’s own violations of this Policy.

7. Parties' Rights Regarding Confidentiality

The University has great respect for the privacy of the parties identified in a report or Formal Complaint. Under state law, however, Responsible Employees who receive information of alleged Sexual Misconduct must promptly report that information to the Title IX Coordinator, and therefore, cannot withhold a party’s identity (if known), as outlined in Section III.A.2 of this policy. In the course of the Grievance Process, the University may share information only as necessary with people who need to know in compliance with federal and state laws, which may include but are not limited to sharing the identity of the Complainant and Respondent and other relevant information with the investigators, the parties, witnesses, parties’ advisors, decision makers, hearing officers, or other relevant individuals, if applicable. The University will take all reasonable steps to ensure there is no retaliation against the parties or any other participants in the investigation or in any other part of the Grievance Process.

Individuals may discuss an incident in strict confidence by using the Confidential Support and Resources, as outlined in Section III.B.2. of this Policy.

8. Complainant's Right to Request Not to Investigate

Under state law, the Complainant has the right to submit a request in writing to the University to not investigate a matter. The University’s ability to respond and remedy the matter may be limited if the Complainant does not want the University to proceed with an investigation. Once a written request has been submitted, the University must inform the Complainant of the University’s decision whether or not to investigate. Complainants may submit such written requests to the Title IX Coordinator (or designee).

In situations where the University can honor the Complainant’s request to not investigate allegations of Sexual Misconduct, the Complainant may still pursue other options, such as the University’s Informal Resolution (IR) Process (if available), Supportive Measures, campus resources, and/or community-based services as well, but the University will not take any formal action regarding the Formal Grievance Process at that time.

However, depending on the facts and circumstances, the University may be obligated to investigate further, regardless of the Complainant’s request to not investigate a matter. In making determinations regarding requests for confidentiality, Complainants’ requests to not investigate, Complainants’ requests to dismiss Formal Complaints, and/or requests to not disclose identifying information to Respondents, the Title IX Coordinator (or designee) must deliberately weigh the rights, interests, and safety of the Complainant, the Respondent, and the campus community.

Factors the University must consider when determining whether to investigate allegations of Sexual Misconduct include, but are not limited to:

The Complainant’s request to the University to not investigate the alleged conduct;
The Complainant’s reasonable safety concerns for initiating a Formal Complaint and Formal Grievance Process;
The extent to which alleged conduct poses a risk of harm to the Complainant and/or the campus community;
The seriousness and severity of the alleged conduct;
The age and relationship of the parties;
The scope of the alleged conduct by the Respondent, including other reports of alleged Sexual Misconduct received by the University, pattern-based allegations, alleged ongoing misconduct, or alleged conduct that impacted multiple individuals;
The availability of relevant evidence to assist a decision-maker in determining whether alleged conduct occurred;
The status of the Complainant and/or the Respondent within he University and/or whether either party is still a member of the campus community;
Whether the University could reasonably prevent the conduct’s recurrence without initiating a Formal Complaint and Formal Grievance Process; and
Any other factors the University determines relevant, depending on the facts and circumstances known at that time.

B. Resources and Supportive Measures

1. Immediate Assistance

Healthcare. Individuals who experience sexual violence are encouraged to seek immediate medical care. Also, preserving DNA evidence can be key to identifying the perpetrator in a sexual violence case. Victims can undergo a medical exam to preserve physical evidence with or without police involvement. If possible, this should be done immediately. If an immediate medical exam is not possible, individuals who have experienced a sexual assault may be examined by a licensed physician or have a Sexual Assault Forensic Exam (SAFE) performed by a Sexual Assault Nurse Examiner (SANE) within 5 calendar days (120 hours) of the incident. With the examinee’s consent, the physical evidence collected during this medical exam can be used in a criminal investigation; however, a person may undergo an examination or a SAFE even without contacting, or intending to contact, the police. To undergo a SAFE, go directly to the emergency department of the nearest hospital that provides examination by a licensed physician or SAFE services.

For more information about the SAFE, see https://www.texasattorneygeneral.gov/files/cvs/sexual_assault_examination.pdf. The reasonable costs associated with the forensic portion of a SAFE, the evidence collection kit, and other prescribed medical care related to the sexual assault and provided to the victim during the 30-day period following the SAFE should be covered for the victim by the health care provider or reimbursed to the victim, according to the Code of Criminal Procedure.. This does not include fees related to medical treatment that are not a part of the SAFE.

Police Assistance. Individuals who have experienced or witnessed sexual misconduct are encouraged to make a report to the police. The police may, in turn, share the report with the Title IX Office, with the exception of when a pseudonym form is used under the Code of Criminal Procedure for incidents of sexual assault, stalking, family violence and human trafficking. In those instances, where a pseudonym form is used, the police will only report the incident to the Title IX Coordinator but will redact the name and any identifying information about the victim.

A police department’s geographic jurisdiction depends on where the incident occurred. Thus, if the incident occurred on the University campus, the individual may file a report with UTP-H by calling (713) 792-2890 or in person at the 7777 Knight Road, Houston, TX headquarters, even if time has passed since the incident occurred.

UTP-H can also assist with applying for any protective orders. Reporting an incident to law enforcement does not mean the case will automatically go to criminal trial or go through a Grievance Process. If UTP-H is called, a police officer will be sent to the scene to take a detailed statement. A police officer or victim services coordinator may also provide the individual with a ride to the hospital. A report may also be filed with the University police even if the assailant was not a University student or employee. If the incident occurred off campus, a report may be filed with the local police department, even if time has passed since the incident occurred. If a report is made to the police, a police officer will usually be dispatched to the location to take a written report. A sexual assault victim will also have an opportunity to have a crime victim liaison, counselor, advocate, or police officer with specialized training be present with the victim during police investigative interviews.

Counseling and Other Services. Individuals who experience Sexual Misconduct are strongly encouraged to seek counseling or medical and psychological care even if the person does not plan to be examined by a licensed physician, request a SAFE or report the incident to the police. Individuals may be prescribed medications to prevent sexually transmitted infections and/or pregnancy even if the police are not contacted, or if an examination or a SAFE is not performed. Similarly, other individuals affected by an incident are encouraged to seek counseling or psychological care.

Individuals may receive medical care at Student Health & Counseling (for students only), at a local emergency room, or by a private physician. Individuals may also be provided with psychological support by the Employee Assistance Program (employees), a referral through the Employee Assistance Program, or a care provider of his or her choice.

Students and Employees desiring counseling should contact:

Students and Employees desiring counseling should contact
Student Resources
Student Health & Counseling	(713) 500-5171 (8am - 5pm) (713) 500-4688 Crisis Hotline (available 24 hours a day)	https://www.uth.edu/studenthealth/index.htm	6410 Fannin St. Suite 130 Houston, TX 77030
Employee Resources
Employee Assistance Program	(713) 500-3327 (800) 346-3549	https://www.uth.edu/hr/service-areas/employee-assistance-programs	7000 Fannin Street Suite 1670 Houston, TX

2. Confidential Support and Resources

Students may discuss an incident with Confidential Employees or an off-campus resource (e.g., rape crisis center, licensed physician, psychologist, clergyperson, etc.) without concern that their identity will be reported to the Title IX Office. Employees may also seek assistance from the Employee Assistance Program, their own personal health care provider, the clergyperson of their choice, or an off-campus rape crisis resource without concern that their identity will be reported to the Title IX Office.

The University resources that provide confidential services are:

Student Resources
Academic Ombuds Office	(713) 500-3457	[email protected]	7000 Fannin Street Suite 165-A Houston, TX
Student Health & Counseling	(713) 500-5171 (8am - 5pm) (713) 500-4688 Crisis Hotline (available 24 hours a day)	https://www.uth.edu/studenthealth/index.htm	6410 Fannin St. Suite 130 Houston, TX 77030
Employee Resources
Employee Assistance Program	(713) 500-3327 (800) 346-3549	https://www.uth.edu/hr/service-areas/employee-assistance-programs	7000 Fannin Street Suite 1670 Houston, TX

Additional Resources. Further information regarding supportive resources can be found on the Title IX website at: https://www.uth.edu/titleix/support-resources.

3. Supportive Measures

The University will offer reasonably available individualized services, without any fee or charge, to the parties involved in a reported incident of Sexual Misconduct with or without the filing of a Formal Complaint, when applicable.

Examples. Supportive Measures may include, but are not limited to, housing reassignment, counseling, extensions of deadlines or other course-related adjustments, modifications of work or class schedules, withdrawal from or retake of a class without penalty, campus escort services, mutual restrictions on contact between the parties, change in work or housing locations, leaves of absences (e.g. academic withdrawal), increased security and monitoring of certain areas of campus, or other similar measures tailored to the individualized needs of the parties for a reasonably appropriate or relevant timeframe.

Scope. Supportive Measures are non-disciplinary and non-punitive measures that do not unreasonably burden the other party. Supportive Measures can be utilized and modified throughout the Grievance Process (if applicable) and continue after the conclusion of the Grievance Process, depending on the circumstances.

Any disciplinary or punitive measures may only be implemented following the conclusion of the Grievance Process, unless an emergency removal (as outlined in Section III.C.3.e.) is appropriate.

Confidentiality. The University will maintain the confidentiality of Supportive Measures provided to the parties, to the extent that maintaining such confidentiality does not impair the ability of the University to provide the Supportive Measures.

4. Pregnancy and Related Conditions

The University will provide specific support and coordination to pregnant students and employees to prevent sex- or pregnancy-based discrimination and ensure equal access to the University’s education program or activities and work environments (in accordance with the University’s relevant policies).

To request more information on available services, contact the Human Resources-Equal Opportunity, 713-500-2255, [email protected], https://www.uth.edu/hr/service-areas/university-relations-equal-opportunity/pregnant-and-parenting-resources.

See HOOP Policy #232 – Pregnant & Parenting Student Nondiscrimination for additional information.

C. Filing a Formal Complaint and Initiating the Grievance Process

1. Key Officials in the Grievance Process

Title IX Coordinator. The Title IX Coordinator is the senior University administrator who oversees the University’s compliance with Title IX. The Title IX Coordinator is responsible for administrative response to reports and Formal Complaints of Sexual Misconduct, and other Prohibited Conduct. The Title IX Coordinator is available to discuss the Grievance Process, coordinate Supportive Measures, explain University policies and procedures, and provide education on relevant issues. The Title IX Coordinator may designate one or more Deputy Title IX Coordinators to facilitate these responsibilities. Any member of the University community may contact the Title IX Coordinator with questions.

Informal Resolution Facilitator(s). An informal resolution facilitator is responsible for assisting the parties with navigating the Informal Resolution (IR) process. The facilitators are neutral and impartial, and seek to facilitate a mutually agreeable outcome with the parties that appropriately resolves an alleged policy violation. The Deputy Title IX Coordinators may supervise and advise the informal resolution facilitators when conducting the IR process and update the Title IX Coordinator as necessary to ensure compliance with Title IX.

Investigator(s). The University will ensure that Formal Complaints are properly investigated under this Policy by investigators assigned to the Formal Complaint. The investigators are neutral and impartial and seek to gather evidence and interview relevant witnesses for the investigation. The investigators are responsible for completing an investigation report at the conclusion of the investigation. The Deputy Title IX Coordinators may supervise and advise the Title IX investigators when conducting investigations and update the Title IX Coordinator as necessary to ensure compliance with Title IX.

Hearing Panel. The hearing panel will be comprised of officers and is responsible for conducting the live hearing in an orderly manner, controlling the conduct of all participants and attendees of the hearing, and rendering a written determination regarding responsibility of the Respondent’s alleged conduct charges, based on the preponderance of the credible evidence, and in an impartial, neutral, and objective manner.

University Representative at the Hearing. The University representative is responsible for presenting relevant evidence regarding the Formal Complaint at a live hearing. The University representative can present information and witnesses, question witnesses, and provide opening and closing statements at the hearing. The University representative is neutral, impartial, and independent of the investigation and adjudication of the Formal Complaint.

Appellate Officer. An appellate officer may be responsible for an appeal of (a) a Formal Complaint Dismissal; (b) a determination regarding a Respondent’s responsibility following a Live Hearing; or (c) sanctions only within a Student’s Administrative Disposition. An appellate officer must not have taken part in any other part of the Grievance Process for the same matter, and must render a final decision on the appeal in an impartial, neutral, and objective manner.

2. Applicability of the Grievance Process

The Formal Grievance Process will apply in the following ways:

Respondent is a student. The Formal Grievance Process in Section III.C.2 through III.C.12 of this Policy applies in the instances where (a) the Respondent is a student (including student employees) at the University at the time of the alleged conduct and (b) where the conduct alleged includes Sexual Harassment as a possible policy violation under this Policy. The Alternative Grievance Process for Students in Section III.C.13. of this Policy applies where (a) the Respondent is a student at the time of the alleged conduct and (b) where the conduct alleged does not include Sexual Harassment as defined under Title IX, but includes other forms of Prohibited Conduct under this Policy.
Respondent is an employee (Faculty, Staff) or Third Party. For Employees, the Formal Grievance Process in Section III.C.2 through III.C.12 only applies where all of the following conditions are met.
- The Respondent is an employee at the University at the time of the alleged conduct;
- The conduct alleged includes Sexual Harassment as a possible violation under this Policy;
- The alleged conduct occurred against a person in the United States; and
- Where the Complainant was participating or attempting to participate in an education program or activity at the University. This element is met if the conduct occurred in any of the following: On any University property; During any University activity; In a building owned or controlled by a student organization that is officially recognized by the University; or In instances where the University exercised substantial control over the Respondent and the context in which the alleged conduct occurred.

If all conditions are not met, allegations of Sexual Misconduct will be handled in accordance with HOOP Policy #183 Nondiscrimination, Anti-Harassment and Equal Opportunity.

3. Initiating the Grievance Process

To file a Formal Complaint and thereby initiate the Grievance Process, the Complainant must submit the complaint in writing to the Title IX Coordinator, and in doing so, cannot remain anonymous in the Formal Complaint. The Formal Complaint should include all known details of the alleged conduct that is the subject of the complaint, including the following:

Complainant’s name and contact information;
Respondent’s name;
Detailed description of the alleged conduct or event that is the basis of the alleged violation under this Policy;
Date(s), time(s), and location(s) of the alleged occurrence(s);
Names of any witnesses to the alleged occurrence(s); and
The resolution sought the Complainant is seeking (if any).

The Complainant may submit any relevant documents or information to the Formal Complaint at the time the Formal Complaint is filed or in the course of the investigation.

In addition to the Complainant, the University’s Title IX Coordinator also has authority to file a Formal Complaint, and thereby initiate the Formal Grievance Process. When the Title IX Coordinator files a Formal Complaint and initiates a Formal Grievance Process, the Title IX Coordinator will not replace the Complainant in the Formal Complaint filed. Instead, the Complainant (as defined in this Policy) will remain the Complainant in the Formal Complaint and Grievance Process and be given all of the same rights and options as a Complainant that filed the Formal Compliant themselves.

a. Consolidation of Formal Complaint Allegations. The University may consolidate Formal Complaints for the following reasons:

When the Formal Complaint is against more than one Respondent;
When the Formal Complaint is by more than one Complainant against one or more Respondents; or
When the alleged conduct arises out of the same facts or circumstances.

When one or more consolidated Formal Complaints involve Sexual Misconduct, then the University will apply the same Grievance Process for all of the consolidated Formal Complaints.

b. Written Notice of the Formal Complaint and Allegations, and University Offices Offering Assistance

After receiving a Formal Complaint, the Title IX Office will provide a written notice to the parties of the Formal Complaint and will provide information on available University resources and assistance. The written notice of the Formal Complaint will include the following:

A notice of the Grievance Process and resolution options, as outlined in this Policy;
The Formal Complaint allegations that potentially constitute Prohibited Conduct under this Policy, including sufficient details about the alleged conduct, including the identity of the parties, if known, and the date(s), time(s), and location(s) of alleged conduct known by the University at the time of the Formal Complaint;
List the potential policy violations being investigated, or otherwise applicable under the Grievance Process;
The Respondent is presumed not responsible for the alleged conduct and that the determination regarding responsibility will be made at the conclusion of the Grievance Process;
Both parties may have an advisor of their choice, who may be, but is not required to be, an attorney, and may inspect and review all evidence;
The parties may review evidence gathered as part of any investigation;
Knowingly making false statements or knowingly submitting false information during the Grievance Process is prohibited and subject to disciplinary action; and

Any other relevant information for the written notice.

c. Written Notice of Events. The University will provide written notice to a party or witness whose participation is invited or expected, which will include the date, time, location, participants, and purpose of any meetings, investigative interviews, or other proceedings in the Grievance Process.

d. Advisor of Choice. The parties and witnesses may have an advisor of their choice at any meetings, investigative interviews, or other proceedings in the Grievance Process. Advisors are not permitted to actively participate in the Grievance Process, except for asking relevant questions of the parties and witnesses at a Live Hearing under Section III.C.8.i.

If a Complainant or Respondent does not have an advisor for the hearing, the University will provide one for that party without charge for the purpose of questioning participants at a hearing under Section III.C.8.

e. Interim Measures

Once a Formal Complaint is filed, the University may determine if and what interim measures are necessary, depending on the facts and circumstances of a matter applicable to this Policy. The Title IX Coordinator (or University official/designee) will approve all interim measures under this Policy. Interim measures may be kept in place through the conclusion of a Grievance Process. An interim measure, for the purpose of this Policy, is either (a) Emergency Removal for Students, or (b) Administrative Leave or Alternative Work Assignment for Employees.

Emergency Removal for Students. A student Respondent may be removed from the University’s education program or activity on an emergency basis if, after an individualized safety and risk analysis, it is determined that such a removal is justified because the Respondent poses an immediate threat to the physical health or safety of an individual arising from the allegations of Sexual Misconduct.

An emergency removal may include, but is not limited to, temporarily suspending the right of the Respondent to: (a) access specific campus areas or buildings; (b) access specific programs (e.g. athletics/intramural activities, student organizations, departments); (c) be on campus entirely and accessing classes in person; among others. At the discretion of the University, the Respondent may be permitted to pursue alternative coursework options to ensure as minimal academic impact as possible.

Under these circumstances, the Respondent will be notified in writing of the emergency removal from the University’s education program or activity, and the Respondent will have an opportunity to immediately challenge the decision following the emergency removal, by submitting reasons in writing to the Title IX Coordinator no later than 7 business days from the receipt of notice of emergency removal. The Title IX Coordinator will make a final determination related to emergency removal within 7 business days of receiving the written challenge.

Administrative Leave or Alternative Work Assignment for Employees. An employee Respondent may be placed on administrative leave, e.g. investigative leave) or an alternative work assignment, in accordance with the University’s policy and procedures, during the pendency of the Grievance Process, as outlined in this Policy.

f. No Effect on Pending Personnel or Academic Actions Unrelated to the Complaint

The filing of a Formal Complaint under this Policy will not stop or delay any action unrelated to the Formal Complaint, including: (1) any evaluation or disciplinary action relating to a Complainant who is not performing up to acceptable standards or who has violated University rules or policies; (2) any evaluation or grading of students participating in a class, or the ability of a student to add/drop a class, change academic programs, or receive financial reimbursement for a class; or (3) any job-related functions of a University employee. Nothing in this section shall limit the University’s ability to take interim action or execute an emergency removal.

g. Concurrent Criminal or Civil Proceedings. The University will not, as a matter of course, wait for the outcome of a concurrent criminal or civil justice proceeding to take action on a Formal Complaint in a University Grievance Process. The University has an independent duty to respond to Formal Complaints of Sexual Misconduct and other Prohibited Conduct under this Policy. On a case-by-case basis, however, the University may reasonably delay the investigation or Grievance Process for a brief period due to concurrent criminal or civil proceedings on a case-by-case basis.

4. Mandatory and Discretionary Formal Complaint Dismissals

a. Mandatory Formal Complaint Dismissals. Under the 2020 Title IX regulations, universities are required to distinguish between Prohibited Conduct that is “under Title IX” and prohibited conduct that is a violation of University policy. Under Title IX, the University must dismiss a Formal Complaint or the part of the allegations in a Formal Complaint, if applicable, where:

Sexual Harassment is alleged and where:

The conduct alleged does not meet the Title IX definition of Sexual Harassment; or
The alleged conduct did not occur in the University’s education program or activity; or
The alleged conduct did not occur against a person in the United States.

A dismissal under this provision only applies to allegations of Sexual Harassment under Title IX. In such an instance, the University may still investigate a Formal Complaint for allegations of Sexual Misconduct or other prohibited conduct. See section III.C.13 for students and HOOP Policy #183 for employees.

b. Discretionary Dismissal. The University may dismiss a Formal Complaint, at its discretion, under this Policy’s Grievance Process for any of the following circumstances:

The Complainant voluntarily withdraws any or all of the Formal Complaint allegations and the University determines that the remaining allegations (if any) would not constitute Prohibited Conduct defined in this Policy, even if proven;
The Complainant submits a written request to the University to not investigate the Formal Complaint filed, and the University determines it can and will honor the request, in accordance with Section III.A.8. of this Policy and applicable state law;
The University is unable to identify the Respondent, after the University has taken reasonable steps to do so;
The Respondent is no longer employed by the University;
Any other specific circumstances that prevent the University from gathering sufficient evidence to reach a determination as to the Formal Complaint or any allegations therein;
The University determines the alleged conduct in the Formal Complaint would not constitute Prohibited Conduct under this Policy, even if proven; or
The University determines the Formal Complaint does not fall within the scope of applicability of this Policy.

When the University dismisses a Formal Complaint, the University will provide the parties a written notice of the Formal Complaint Dismissal, the basis for the dismissal. The parties may appeal the Formal Complaint Dismissal when it includes Sexual Harassment allegations, as outlined in subsection c. below. Otherwise, there is no appeal available.

c. Appeals of Formal Complaint Dismissals. When the Formal Complaint Dismissal inccludes Sexual Harassment allegations, an applicable party may appeal in writing within 10 days of notification of the dismissal. For the appeal of a Complaint Dismissal to be considered, the basis for filing an appeal and supporting evidence must be included. An applicable party may appeal the Formal Complaint Dismissal on the following bases:

A procedural irregularity that affected the outcome of the matter;
There is new evidence that was not reasonably available at the time the dismissal was made that could affect the outcome of the matter; or
The Title IX Coordinator, investigator(s), or a decision-maker had a conflict of interest or bias for or against the parties (generally, or specifically in this matter) that affected the outcome of the matter.

The parties will be notified in writing when an appeal is filed. The appeal procedures will apply equally for both parties. The non-appealing party (if applicable) and the University) will have 7 days from the notification of an appeal to submit a written statement responding to the appeal. Before rendering a decision, the Appellate Officer will consider all relevant evidence regarding the Formal Complaint Dismissal and its appeal. The Appellate Officer will release a written decision within 21 days from the date the appeal was filed, with one of the following determinations:

Affirm the Formal Complaint Dismissal; or
Remand the process back to a Formal Grievance Process.

5. Informal Resolution (IR)

After the parties have been provided a copy of the written notice of a Formal Complaint, the parties may engage in an Informal Resolution process to resolve the Formal Complaint. The IR process is generally designed to facilitate a mutually agreeable outcome to alleged conduct that centers on eliminating Prohibited Conduct, preventing its reoccurrence, and remedying the conduct’s effects in a manner that meets the needs of the Complainant while maintaining the safety of the campus community.

The IR process, if available, may be initiated by the parties, in writing, at any point prior to reaching a determination regarding the Respondent’s responsibility of alleged policy violations. If a party is interested in the IR process, please contact the Title IX Coordinator (or designee) who can assist with determining availability of the IR process and whether the other party is interested in a potential IR.

a. Withdrawal from Informal Resolution Process. At any point prior to signing the IR agreement, each party has a right to withdraw from the Informal Resolution process and resume the Formal Grievance Process with respect to the Formal Complaint.

b. Informal Resolution Limitations. The IR process is not permitted in cases where Sexual Harassment is alleged in the Formal Complaint when the Complainant is a student and the Respondent is an employee. IR is also not available where the Respondent (1) has previously participated in the IR process and where that process resulted in a mutual IR agreement; or (2) has previous Sexual Misconduct policy violations.

c. Informal Resolution Timeframe. Informal Resolutions of a Formal Complaint will be concluded within 45 business days of notice to the University that both parties wish to proceed with the Informal Resolution process. Such notice that the parties wish to proceed with an Informal Resolution process will “pause” the counting of the timeframe to conclude the Grievance Process in Section III.C.12. of this Policy, should the Informal Resolution process fail and the parties continue with the Grievance Process.

d. IR Agreement and Approval Process. The parties may explore and determine their own set of terms for their IR Agreement. The University will provide an IR facilitator to navigate the IR process. Any IR Agreement must be approved by the Title IX Coordinator (or designee).

By signing an IR Agreement, the parties are affirming that the terms of the agreement (along with any other supportive or interim measures in place, if applicable) appropriately address the alleged conduct at issue and remedy its effects. By signing an IR Agreement, the parties are bound by the terms of the agreement and waive the right to a Formal Grievance Process regarding the alleged conduct at issue.

e. Informal Resolution Documentation. Any signed IR agreement will be kept for seven years as required by law. (See Section III.C.11 of this Policy for additional information on Grievance Process Documentation.). By signing the IR agreement, the parties agree to comply with the terms of the agreement. However, the parties’ failure to comply with any terms of the IR agreement may result in its own disciplinary action and mutually agreed upon consequences in the agreement. No recording of the Informal Resolution process will be made and all statements made during the Informal Resolution process may not be used for or against either party (in addition, the Hearing Panel and Appellate Officer may not consider any such statement made during Informal Resolution process) should the parties resume the parties resume the Formal Grievance Process.

6. Investigation of the Formal Complaint – Gathering of Evidence

a. Complaint Intake; Respondent’s Opportunity to Respond. After a written notice of the Formal Complaint and allegations has been provided to the parties, the investigator(s) will attempt to interview the Complainant to gather relevant evidence regarding the Formal Complaint allegations (Complainant Intake) and the Respondent will be provided a reasonable time to respond to the Formal Complaint allegations. The parties may identify relevant witnesses to the Formal Complaint allegations who can provide relevant evidence for the investigation. The parties may submit relevant questions to the investigator(s) that they would like asked of the other party or any known potential witnesses.

b. Written Notice of Events. The University will provide written notice to a party or witness whose participation is invited or expected of the date, time, location, participants, and purpose of any meetings, investigative interviews, or other proceedings in the Grievance Process. The parties and witnesses may have an advisor of their choice at any investigative interviews, meetings, or other proceedings in the Grievance Process. Advisors are not permitted to actively participate in meetings or proceedings in the Grievance Process, unless explicitly outlined in Section III.C.8.i. of this Policy.

c. Evidence. The parties may present any information, statements, and evidence that is relevant to the Formal Complaint allegations. Evidence is relevant when it is:

Directly related to the alleged conduct at issue in the Formal Complaint and within the scope of the investigation as part of the Formal Grievance Process under this Policy, and
May aid in showing whether or not the alleged conduct occurred.

d. Prior Sexual History. A Complainant’s sexual predisposition or prior sexual behavior is not relevant except where questions and evidence about a Complainant’s prior sexual behavior are offered to prove that someone other than the Respondent committed the alleged conduct charged by the Complainant or if the questions or evidence concern specific incidents of the Complainant’s prior sexual behavior with the Respondent and are offered to prove the Complainant’s consent of the alleged conduct.

e. Privileged Information Excluded. No person will be required to disclose information protected under a legally recognized privilege. The Hearing Panel must not allow into evidence or rely upon any questions or evidence that may require or seek disclosure of such information, unless the person holding the privilege has waived the privilege. This includes information protected by the attorney-client privilege.

f. Party and Witness Interviews. The investigators will attempt to interview relevant and available witnesses. Neither the Complainant nor the Respondent will attend these interviews.

g. Investigation Timeframe. The investigation of a Formal Complaint under Section III.D.6. will be concluded within 90 business days of the filing of a Formal Complaint. However, the circumstances may require a temporary delay in this timeframe, and the University may extend this timeframe for good cause. In such an instance, the University will provide written notice to the parties of the delay or extension and the reason(s) for the action. The parties should be provided updates on the progress of the investigation, as needed, and the parties may request updates.

h. Access to Evidence. Prior to the completion of the investigation report, the investigators will provide access to all evidence (whether relevant or not) obtained as part of the investigation to both parties (and the party’s advisor, if any, upon a party’s signed information release for their advisor of choice). Both parties will have 10 business days to inspect, review, and respond to the evidence. All responses to the evidence must be submitted by the party in writing to the investigator. Advisors are not permitted to submit written responses to the evidence on their own or on behalf of the party they are advising. The investigators will consider all timely responses submitted by the parties.

i. Completed Investigation Report. The completed investigation report will: (a) outline each of the allegations that potentially constitute Prohibited Conduct under this Policy, (b) provide the timeline (e.g., procedural steps) of the investigation, and (c) fairly summarize relevant evidence, participant statements, and responses to questions. The investigator will provide a completed investigation report concurrently to both parties (and each party’s advisor, if any, upon a party’s signed information release for their advisor of choice) at least 10 business days prior to the date of the scheduled hearing to review and to provide a written response to the investigation report at the hearing. A copy of the completed investigation report will also be issued to the Title IX Coordinator, the Hearing Panel, and the University Representative assigned for the hearing.

7. Standard of Evidence and Presumption of Not Responsible

All Formal Grievance Processes will use the preponderance of the evidence standard, which means (for the purposes of this Policy) the greater weight of the credible evidence. This standard is satisfied when the action is deemed more likely to have occurred than not.

By law, it is presumed that the Respondent is not responsible for the alleged conduct unless that determination regarding responsibility is made at the conclusion of the Formal Grievance Process.

8. Live Hearing - Determination of Responsibility

Absent a Formal Complaint dismissal or the parties’ decision to reach an Informal Resolution (IR) agreement (if applicable), the University will provide a live hearing for all Formal Complaints subject to the Formal Grievance Process in this Policy.

a. Written Notice of the Hearing. The University will provide at least 10 business days written notice of the hearing to the parties (and the parties’ advisors, if any, upon a party’s signed information release for their advisor of choice), including the date, time, location, names of all known participants of the hearing (including the Hearing Panel, the University Representative, all parties and relevant witnesses), purpose of the hearing, a statement of the alleged conduct charges, and a summary statement of the relevant evidence gathered. The hearing notice may also provide a deadline by which the parties have an opportunity to disclose (1) the names of any witnesses they intend to call to testify at the hearing, if any, and (2) a copy of any documents they intend to use as exhibits at the hearing, not already included in the investigation report, if any.

b. Challenges to the Hearing Officers. Either party may challenge the fairness, impartiality or objectivity of any of the hearing officers. The challenge must be submitted in writing to the hearing officer through the office coordinating the hearing within 4 business days after notice of the identity of the hearing officers, and must state the reasons for the challenge. The respective hearing officer being challenged will be the sole judge of whether he or she can serve with fairness, impartiality, and objectivity. If the hearing officer recuses him or herself, an alternative hearing officer will be assigned in accordance with the institution’s procedures.

c. Hearing Panel Duties at the Hearing. The hearing panel will rule on all procedural matters and on objections regarding exhibits and testimony of participants at the hearing, may question participants who testify at the hearing, and are entitled to have the advice and assistance of legal counsel from the Office of General Counsel of the U.T. System.

d. Access to Evidence. Both parties (and the party’s advisor, if any, upon a party’s signed information release for their advisor of choice) will have access to all evidence from the investigation, including a copy of the completed investigation report, as outlined in Section III.C.6.h. in this Policy.

e. Separate Rooms and Virtual Participation. At the request of either party, the University will make provisions for the hearing to occur with both parties located in separate rooms with technology enabling the Hearing Panel and the parties to simultaneously see and hear the participants answering questions. Participants may appear at the hearing virtually, and are not required to be physically present at the same physical location of the hearing. The institution may choose to conduct a hearing virtually.

f. Opening and Closing Statements. The University Representative and the parties may make opening and closing statements at the hearing. The Hearing Officer may impose time limits for opening and closing statements, which would apply equally to the University Representative and the parties.

g. Advisor of Choice. The parties and witnesses may have an advisor of their choice at the hearing. If a Complainant or Respondent does not have an advisor for the hearing, the University will provide one for that party without charge for the purpose of questioning participants at a hearing. The University is not required to provide an advisor for witnesses. Advisors are not permitted to actively participate in the hearing, except for asking relevant questions of the parties and witnesses at a Live Hearing. The participation of any advisor must be communicated to the Hearing Panel no later than 5 business days prior to the scheduled hearing date.

h. Evidence and Exhibits. The investigation report and all exhibits are automatically part of the hearing record and may be considered by the Hearing Panel unless the Hearing Panel rules otherwise.

i. Questioning of the participants in the hearing. The Hearing Panel may, at the Hearing Panel’s discretion, ask relevant questions during the hearing of any party or witness and may be the first person to ask questions of any party or witness. The parties will not be permitted to personally ask questions of the other party or any witnesses that participate in the hearing. Instead, the parties’ advisors and the University Representative may ask relevant questions and follow-up questions of the parties and witnesses that participate in the hearing, including questions that challenge credibility. Each advisor can ask relevant questions directly, orally, and in real time at the hearing.

All questions posed by anyone other than the Hearing Panel must be deemed relevant by the Hearing Panel before a party or witness answers.

When the Hearing Panel deems a question as unclear, the Hearing Panel may ask the questioner to clarify or revise the question before ruling as to whether the question is relevant for answering.
Irrelevant questions will be excluded, and the Hearing Panel will state the reason such question is irrelevant.

When a party or witness is absent from the hearing or does not respond to relevant questions during the hearing, the Hearing Panel must not draw an inference about whether the alleged conduct occurred based solely on the person’s absence or non-response to such questions.

j. Hearing Panel Determination. The Hearing Panel will issue a written determination, which must include the following:

Outline each of the Formal Complaint allegations that potentially constitute Prohibited Conduct under this Policy;
A description of all of the procedural steps of the Formal Grievance Process under this Policy (from receipt of a Formal Complaint to the determination regarding responsibility of the Respondent, including any notifications of the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held);
Evaluate the relevant evidence;
Assess credibility of the relevant evidence from the parties and witnesses (if in dispute to the Formal Complaint allegations);
Include the finding(s) of policy violations for each applicable allegation and the related rationale for the determination as to whether the Respondent is responsible for each allegation, based on the preponderance of the credible evidence;
Outline the disciplinary sanctions, if applicable;
Whether additional remedies designed to restore or preserve equal access to the education program or activity will be provided to the Complainant; and
The University’s procedures and permissible bases for the parties to appeal, if applicable.

The Hearing Panel will send a copy of the written determination concurrently to the parties within 21 business days from when the hearing concludes, in addition to the Dean (for student Respondents) or appropriate administrator (for employee Respondents), and the Title IX Coordinator.

k. Recordings. The hearing will be recorded in audio or audiovisual format and may be transcribed at the discretion of the University. The recording or transcript, if applicable, will be available for the parties to inspect and review, upon request.

l. Accommodations. Participants at the hearing may request reasonable accommodations through the Human Resources – Equal Opportunity in advance of the hearing. Requests for reasonable accommodations at the hearing must be submitted no later than 7 days prior to the scheduled hearing date.

For more information about reasonable accommodations, see the University’s HOOP Policy #101.

9. Sanctions and Remedies

The following sanctions and remedies may be considered by the Hearing Panel in accordance with this Policy:

a. Possible Sanctions and Remedies for Student Respondents:

Educational training;
No shared classes or extra-curricular activities;
Disciplinary probation;
Withholding of grades, official transcript, and/or degree;
Bar against readmission, bar against enrollment, drop from one or more classes, and/or withdrawal from the University;
Suspension of rights and privileges, including but not limited to participation in athletic or extracurricular activities;
Denial of degree;
Suspension from the University for a specific period of time. Suspension is noted on the academic transcript with the term “Disciplinary Suspension.” The notation can be removed upon the request of the student in accordance with the University’s procedures when all conditions of the suspension are met;
Expulsion (permanent separation from the University). Expulsion creates a permanent notation on the student’s academic transcript;
Revocation of degree and withdrawal of diploma; and/or
Other sanction(s) or remedies as deemed appropriate under the circumstances.

b. Possible Sanctions and Remedies for Employee Respondents:

Employment probation;
Job demotion or reassignment;
Suspension with or without pay for a specific period of time;
Dismissal or termination;
Ineligibility for rehire; and/or
Other sanction(s) or remedies as deemed appropriate under the circumstances.

10. Appeals and Additional Processes Provided to Students and Employees

Either party may appeal in writing the Hearing Panel determination regarding a Respondent’s responsibility under the Grievance Process in this Policy within 10 business days of notification of such a determination on the basis of:

A procedural irregularity that affected the outcome of the matter;
There is new evidence that was not reasonably available at the time of the determination regarding responsibility or dismissal that could affect the outcome of the matter; or
The Title IX Coordinator, investigator(s), or hearing officer(s) had a conflict of interest or bias for or against the parties (generally, or specifically in this matter) that affected the outcome of the matter.

If an appeal hasn’t been filed by the appeal deadline, then once the deadline expires, the determination regarding responsibility is final and it concludes the Formal Grievance Process for the matter.

Note on Administrative Dispositions: When a Respondent and/or Complainant appeal the sanctions and remedies outlined in a student’s administrative disposition, a basis for appeal (noted below) is not required. However, the remaining Appeal steps still apply.

The appellate officer must not be the same person as the Title IX Coordinator, investigator(s), or members of the Hearing Panel in the Grievance Process.

The applicable parties will be notified in writing when an appeal is filed. The appeal procedures will apply equally for both parties. When applicable, the non-appealing party (and University) will have 7 business days from the notification of an appeal to submit a written statement responding to the appeal.

Before rendering a decision on a final determination (or on final sanctions and remedies for a student’s administrative disposition), the Appellate Officer will consider all relevant evidence regarding the determination and its appeal. The Appellate Officer will release a written decision concurrently to the parties within 21 business days from the date the appeal was filed, with one of the following final determinations:

Affirm the Hearing Panel’s determination regarding the Respondent’s responsibility and affirm the disciplinary sanctions and remedies, if applicable;
Affirm the Hearing Panel’s determination regarding the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable;
Reverse the Hearing Panel’s determination of the Respondent’s responsibility and amend the disciplinary sanctions and remedies, if applicable.

Affirm or amend the sanctions and/or remedies outlined in the administrative disposition issued under Section III.C.9. of this Policy.

The final determination regarding the Respondent’s responsibility (or final sanctions and remedies for the Respondent’s administrative disposition) is final and it concludes the Formal Grievance Process for the matter.

11. Grievance Process Documentation

The University (through the appropriate office) will retain all of the documentation included in the Grievance Process (outlined in Section III.C. of this Policy) for seven years, in accordance with state and federal records laws and University policy. All documentation of records are private and confidential to the extent possible under law. Student records of the Grievance Process are disciplinary records under FERPA. Employee records of the Grievance Process are subject to the Freedom of Information Act (FOIA) and the Texas Public Information Act (TPIA).

12. Grievance Process Timeframe

The entire Formal Grievance Process (outlined in Section III.C. of this Policy, including any appeal) will be completed in no more than 150 business days from the filing of the Formal Complaint. However, the circumstances may require a temporary delay in this timeframe, and the University may extend this timeframe for good cause. In such an instance, the University will provide written notice to the parties of the delay or extension and the reason(s) for the action. A delay for good cause may include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The time period in this section does not include the period the parties attempted but failed to reach an agreement in the Informal Resolution (IR) Process, if applicable, and in such a case, the Grievance Process timeframe will be extended by the period the parties attempted to reach an Informal Resolution agreement (outlined in Section III.C.5.c of this Policy).

Failure of the institution to adhere to the timeframes above will not result in a dismissal of the matter; instead, if the institution does not adhere to any of the above timeframes, the parties may inquire about the delay to the Title IX Coordinator.

13. Alternative Grievance Process for Students – Applicable Exceptions for Non-Sexual Harassment Formal Complaints

For Formal Complaints where the Respondent is a student at the time of the alleged conduct (including student employees), and the alleged conduct does not include Sexual Harassment (as a possible policy violation), but includes other forms of Prohibited Conduct (as possible violations under this policy), the Formal Grievance Process in Section III.C. of this Policy applies, with the following exceptions:

a. Investigation Report & Preliminary Determination Regarding Responsibility. Section III.C.6.i. applies except that the completed investigation report will also include: a preliminary determination of whether the Respondent violated each policy provision at issue and an accompanying rationale for that preliminary determination. The completed investigation report and determination regarding responsibility will be referred to the Title IX Coordinator.

The Title IX Coordinator will conduct an independent review of the investigation report, and will:

Accept the preliminary determination regarding responsibility of the Respondent, and either (a) dismiss the case (e.g., no finding(s) of policy violations(s)), or (b) proceed to adjudication (e.g., finding(s) of policy violation) (when applicable);
Amend the preliminary determination regarding responsibility of the Respondent, and proceed to adjudication (e.g. finding(s) of policy violation(s)) (if applicable); or
Remand the process back to the investigation stage to address an investigation concern.

The complainant and the respondent will be informed concurrently in writing of the decision.

b. Adjudication. If the Title IX Coordinator determines that the sexual misconduct policy was violated, he or she will refer the matter to the appropriate administrator for disciplinary action in accordance with the applicable disciplinary procedures.

- Implementation of disciplinary action against a student will be handled in accordance with the University’s student disciplinary procedures, as outlined in HOOP 186 Student Conduct and Discipline, or other policies as applicable.
- Both parties will receive equal opportunities in all aspects of the process including notices and advisor representation. Further, the standard of proof in determining the outcome will be the “preponderance of the evidence,” as defined in this policy.

The complainant and the respondent will be provided simultaneous written notice of the result of any disciplinary proceedings (including the rationale for the decision and sanctions), applicable appeal procedures, any changes in the results and when the results become final.

14. Dissemination of Policy and Educational Programs

This Policy and the University’s Title IX Notice of Nondiscrimination on the Basis of Sex will be made available to all University administrators, faculty, staff, and students online through the University’s handbook of operating procedures at https://www.uth.edu/hoop/policy.htm?id=1447966 and in University student catalog(s). Periodic notices will be sent to University administrators, faculty, staff and students about the University’s Sexual Misconduct Policy, including but not limited to at the beginning of each fall and spring semester. The notice will include information about Sexual Misconduct, Retaliation and other conduct prohibited under this Policy, including how to file a report or Formal Complaint, the University Grievance Process under this Policy, and available Supportive Measures and resources, such as support services, health services, and mental health services. The notice will specify the right to file a Formal Complaint under this Policy and the right to file a police report to law enforcement, the Title IX Coordinator’s contact information, and contact information for designated offices or officials for additional information.

15. Ongoing Trainings

The University’s commitment to raising awareness of the dangers of Sexual Misconduct includes providing ongoing education through annual training and lectures by faculty, staff, mental health professionals, and/or trained University personnel. Prevention education and training programs will be provided to University administrators, faculty, staff, and students and will include information about primary prevention, risk reduction, and bystander intervention. Safety classes are regularly offered to all workforce members and students, with class schedules announced through UTHealth's iLearn (credentials required). Classes may also be announced through the UTP-H departmental website and closed-circuit TVs at the institution and are promoted by UT Police officers and public safety officers and the Title IX Office. Departments and work groups within UTHealth can also request safety classes by contacting Community Outreach by phone at 713-563-7794 or by email at [email protected].

16. Training Materials for Key Roles in the Grievance Process

All Title IX Coordinators, Deputy Coordinators, investigators, and those with authority over University Grievance Processes and appeals shall receive training each academic year about applicable prohibited conduct, Grievance Processes, due process, and University policies related to Sexual Misconduct. All materials used to train Title IX related personnel (e.g., Title IX Coordinator, deputies, investigators, hearing officers, Appellate Officers, and others) will be available on the University’s website: https://www.uth.edu/titleix/

17. Annual Reporting and Notice

The University’s Title IX General Policy Statement will be made available to all students, faculty, and employees online at https://www.uth.edu/titleix/index.htm.

18. Additional Conduct Violations under this Policy

a. Retaliation. Any person who retaliates against (a) anyone filing a report of or Formal Complaint, (b) the parties or any other participants (including any witnesses or any University employee) in a Grievance Process relating to a Formal Complaint, (c) any person who refuses to participate in a Grievance Process, or (d) any person who under this Policy opposed any unlawful practice, is subject to disciplinary action up to and including dismissal or separation from the University. If any participant in a Grievance Process believes they have been subject to Retaliation (as defined in this Policy), they should immediately report the alleged retaliatory conduct to the Office of Institutional Compliance. The University’s Retaliation Policy is available online as (HOOP Policy #108 _ Protection from Retaliation).

Retaliation can be any adverse action (including, but is not limited to, intimidation, threats, coercion, harassment, or discrimination) taken against someone either (a) because the individual has made a report or filed a Formal Complaint; or who has supported or provided information in connection with a report or a Formal Complaint; participated or refused to participate in a Grievance Process under this Policy; or engaged in other legally protected activities, or (b) for the purpose of interfering with any right or privilege secured under Title IX or this Policy.

b. False Information and False Complaints. Any person, who, in bad faith, knowingly files a false complaint under this Policy or provides materially false information is required to be separated from the University by state law. A determination that a Respondent is not responsible for allegations of Sexual Misconduct does not imply a report, Formal Complaint, or information provided was false. Similarly, a determination that a Respondent is responsible for a policy violation does not imply that a Respondent’s statements disclaiming responsibility were false.

c. Interference with the Grievance Process. Any person who interferes with the Grievance Process (outlined in Section III.C. of this Policy) is subject to disciplinary action up to and including dismissal or separation from the University. Interference with a Grievance Process may include, but is not limited to:

1. Attempting to coerce, compel, or prevent an individual from providing testimony or relevant information;
2. Removing, destroying, or altering documentation relevant to the Grievance Process; or
3. Knowingly providing false or misleading information to the Title IX Coordinator, investigator or Hearing Panel, or encouraging others to do so.

19. Failure to Report for Responsible Employees

Under state law, if a Responsible Employee knowingly fails to promptly report to the Title IX Coordinator all information concerning an incident that the employee reasonably believes constitutes Sexual Misconduct (including Stalking, Dating Violence, Sexual Assault, or Sexual Harassment) committed by or against a student or employee at the time of the incident, the employee is required to be separated from the University. A report to the Title IX Coordinator may be made through the Title IX Office at 713-500-CALL (2255) or [email protected].

The duty to report acts reasonably believed to be stalking, dating violence, sexual assault, and sexual harassment arises from state law. The University goes further and requires Responsible Employees to report all acts reasonably believed to be any type of Sexual Misconduct, as defined in this Policy. Failure to comply with this broader standard may also result in disciplinary action, up to and including termination. It is important to note that for purposes of Failure to Report, the definition of sexual harassment, as defined under state law, is broader than the definition of sexual harassment under this Policy and is defined as unwelcome, sex-based verbal or physical conduct that:

in the employment context, unreasonably interferes with a person’s work performance or creates an intimidating, hostile, or offensive work environment; or
in the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student’s ability to participate in or benefit from educational programs or activities at a postsecondary institution.

IV. CONTACTS

- Margaret McNeese, M.D., Title IX Coordinator Vice Dean of Admissions and Student Affairs
- 713-500-CALL (2255)
- [email protected]
- https://www.uth.edu/titleix
- Deana Moylan, Deputy Title IX Coordinator Office of the Senior Executive Vice President, Chief Operating and Financial Officer
- 713-500-CALL (2255)