"At UHS, sexual misconduct is a broad term encompassing a range of non-consensual sexual activity or unwelcome behavior of a sexual nature."
- What does the policy cover?
- What does UHS have jurisdiction over?
- What right to confidentiality does anyone involved have?
- I am concerned if I make a report or participate in an investigation that I will be retaliated against.
- What are interim measures?
- If a formal complaint of sexual misconduct is filed, how long will it take EOS to make a decision?
- What standard of proof does UHS use?
- What happens if it is determined that a policy violation occurred?
- What possible sanctions may be implemented by the University?
- What if I am dissatisfied with EOS' finding?
- Can I have a lawyer present?
What does the policy cover?
- Sexual Harassment
- Non-Consensual Sexual Contact
- Sexual Assault
- Sexual Exploitation
- Intimate Partner Violence (Domestic and Dating Violence)
What does UHS have jurisdiction over?
UHS has jurisdiction over allegations of Sexual Misconduct occurring on University premises, at University Affiliated Activities, and/or where both the accused person and alleged victim are a student, faculty or staff. The University has the discretion to investigate conduct occurring off University premises, or at a non-University affiliated activity if the Complainant and Respondent are UH-Affiliated. The process outlined in this policy is separate from any criminal proceedings. Proceedings under this policy will not be dismissed or delayed because criminal prosecution/proceedings are pending, criminal charges have been dismissed, or the criminal charges have been reduced.
What right to confidentiality does anyone involved have?
The University will protect the confidentiality of all individuals involved in a report or complaint by refusing to disclose their identifying information to anyone outside the University to the maximum extent permitted by law. The University will balance a confidentiality request with its responsibility to provide a safe and non-discriminatory environment.
I am concerned if I make a report or participate in an investigation that I will be retaliated against.
The University takes reports of Sexual Misconduct very seriously and will not tolerate retaliation against those who make such reports or participate in the investigation or adjudication process. Any act of retaliation will be treated as a separate violation of its policy and sanctioned appropriately.
What are interim measures?
The University will consider interim measures to protect involved persons and/or the community when an incident is reported and while an incident is being investigated and adjudicated. An alleged victim does not have to file a complaint to receive reasonable interim measures. Interim measures can include, but are not limited to, changes to academic, living, transportation, or working situations. No contact orders can be issued under this policy and are not contingent upon filing a formal complaint.
If a formal complaint of sexual misconduct is filed, how long will it take EOS to make a decision?
EOS will make every effort to issue its finding within 60 days from its receipt of the complaint.
What standard of proof does UHS use?
UHS uses the preponderance of the evidence standard of proof. This standard looks at whether it is “more likely than not” that the policy was violated.
What happens if it is determined that a policy violation occurred?
If it is determined that a policy violation occurred, EOS will recommend that appropriate action be taken by the appropriate administrator. The appropriate administrator will be determined by the classification of the Respondent. If the finding is made against a faculty person, it will be that person’s dean or their designee. If the finding is made against a staff person, the appropriate administrator will be that person’s supervisor. If the finding is made against a student, it will be the component’s Dean of Students or their designee.
What possible sanctions may be implemented by the University?
The sanctions for committing an act of Sexual Misconduct will be commensurate to the offense and may include but is not limited to the following:
- Probation (including disciplinary probation)
- Temporary or permanent ban from residence hall communities
- Educational programs such as state-certified batterer’s intervention
- Ban from participating in campus organizations
- Disqualification from student employment positions
- Withholding of transcripts, grades, diploma, or degree
- Partial or full criminal trespass
- Revocation of admission and/or degree
- Ban from participating in campus organizations
- Termination of employment
What if I am dissatisfied with EOS' finding?
The Complainant and Respondent both have the right to appeal a finding because they can show that, during EOS' investigation, a significant error occurred that could have significantly impacted the finding. To file an appeal, the party must submitted their appeal request in writing to the Title IX Coordinator within five business days of receiving EOS' finding.
Can I have a lawyer present?
Both the complainant and the respondent will be permitted to ask an adviser of their choosing to be present during all relevant meetings related to alleged violations of this policy. The adviser may accompany the complainant or respondent and may confer privately with them, but the adviser may not speak on behalf of the complainant or respondent or otherwise participate in any meeting. An adviser's failure to comply with these guidelines may result in the termination of the meeting.