COMPLAINANT GUIDE 2021-22 - VOLS HELP VOLS: YOU ARE NOT ALONE - University of Tennessee
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COMPLAINANT
GUIDE
2021–22
VOLS HELP VOLS:
YOU ARE NOT ALONE
1Developed for you by the
Office of Title IX
1817 Melrose Ave.
Knoxville, TN 37996
865-974-9600
titleix.utk.eduContents Introduction.......................................................................................................................4 Definitions......................................................................................................................... 5 Connecting with Resources and Services............................................................ 9 Accessing Medical Care.......................................................................................... 10 Ensuring Your Safety................................................................................................ 10 Formal Complaint and Investigation Options...................................................11 Support and Resources........................................................................................... 16 Appendix A: Title IX Model......................................................................................................... 18 B: Title IX Process...................................................................................................... 19 C: Title IX Coordinators.......................................................................................... 20 D: Title IX Hearings and Advisors........................................................................22
The University of Tennessee is If you need assistance or have
committed to providing a safe living, questions about this policy or how
learning, and working environment. the university works with students,
This booklet provides an overview the university’s Title IX coordinator
of care, support, and reporting and deputy Title IX coordinators are
options for students and members trained and accessible to discuss
of our community. The university’s care, support, and reporting options.
full Policy on Sexual Harassment, A full list of Title IX officials is
Sexual Assault, Dating and Domestic included on page 20.
Violence, and Stalking, which
will be referred to as the “Policy” Remember you are not alone.
throughout this document, can be
found at titleix.utk.edu.
The term Prohibited Conduct,
as used in this booklet and the
university Policy, refers to Sexual
Harassment (including Sexual
Assault, Domestic Violence, Dating
Violence, and Stalking), Sexual
Exploitation, and Retaliation. A brief
overview of Prohibited Conduct
is found within this booklet. More
extensive definitions of these terms
and related terms can be found at
titleix.utk.edu.
This document is a summary of Title IX supports for complainants. In the event of a conflict
4 between the summary and the Policy, the Policy governs.Definitions
5For the purposes of this booklet, the Sexual assault is an umbrella term
Complainant is the individual who is for any sexual act directed against
alleged to be the victim of conduct another person, without consent
that could constitute Prohibited of the victim, including instances
Conduct, regardless of whether where the victim is incapable of
that person makes a report or seeks giving consent. Sexual assault
action under the Policy. includes rape, fondling, incest,
and statutory rape.
The Respondent is the individual
who has been reported to be the Dating violence means violence
perpetrator of conduct that could committed by a person—
constitute Prohibited Conduct under
the Policy. (A) who is or has been in a social
relationship of a romantic or intimate
Incapacitation means that a person nature with the victim; and
lacks the ability to actively agree to
sexual activity because the person (B) where the existence of such a
is asleep, unconscious, under the relationship shall be determined
influence of an anesthetizing or based on a consideration of the
intoxicating substance such that the following factors:
person does not have control over
their body, is otherwise unaware that (i) The length of the relationship
sexual activity is occurring, or their
mental, physical, or developmental (ii) The type of relationship
abilities render them incapable
(iii) The frequency of interaction
of making a rational informed
between the persons involved
judgment. Incapacitation is not the
in the relationship
same as legal intoxication.
Domestic violence includes felony
Sexual harassment is conduct
or misdemeanor crimes of violence
on the basis of sex that satisfies
committed by a current or former
one or more of the following: (1)
spouse or intimate partner of the
An employee of the University
victim, by a person with who the
conditioning the provision of an aid,
victim shares a child in common, by
benefit, or service of the University
a person who is cohabitating with
on an individual’s participation in
or has cohabitated with the victim
unwelcome sexual conduct; (2)
as a spouse or intimate partner, or
unwelcome conduct determined by
by a person similarly situated to
a reasonable person to be so severe,
a spouse of the victim under the
pervasive, and objectively offensive
domestic or family violence laws of
that is effectively denies a person
the jurisdiction.
equal access to the University’s
education program or activity; or
(3) sexual assault, dating violence,
domestic violence, and/or stalking.
6Sexual exploitation means taking
sexual advantage of another
person without that person’s active
agreement.
Stalking means engaging in a
course of conduct directed at a
specific person which would cause
a reasonable person to fear for the
person’s safety or the safety of
another p erson or suffer substantial
emotional distress.
Retaliation means to intimidate,
threaten, coerce, or discriminate
against any individual for the
purpose of interfering with any right
or privilege secured by this Policy.
Full definitions, additional Prohibited Conduct, and related terms can be found in the Policy at titleix.utk.edu.
78
Connecting
with Resources
and Services
ACCESSING ENSURING
MEDICAL YOUR
CARE SAFETY
FORMAL
SUPPORT
COMPLAINT &
INVESTIGATION AND
OPTIONS RESOURCESACCESSING All services are free, including medical
MEDICAL CARE examinations, pregnancy preven-
tion, and testing and preventative
You can seek medical care at any time treatment for sexually transmitted
following an assault, but we strongly infections.
recommend that you do so within
72 hours (three days). A medical Emergency Services
professional will examine you, provide 911
appropriate medical treatment, and
if applicable talk with you about the University of Tennessee
prevention of pregnancy and sexually Medical Center
transmitted infections. 1924 Alcoa Highway
Knoxville, TN 37920
We encourage you to preserve all Emergency and trauma services:
physical evidence. If possible, avoid 865-305-9000
changing your clothing, bathing, show- utmedicalcenter.org
ering, using a douche, using the bath-
room, brushing your teeth, drinking
liquids, washing your hands or face,
or combing your hair. If you change
clothes, evidence is best preserved in
ENSURING
a paper (not plastic) bag. Preservation YOUR SAFETY
of evidence does not mean that you
have to pursue criminal charges, but it We strongly encourage you to
helps keep that option open for you. consider options for ensuring your
short- and long-term safety. Resourc-
You can seek medical care by contact- es are available both on campus and
ing one of the resources listed here 24 in the community to assist you with
hours a day, seven days a week. safety planning, obtaining an order
of protection, and reporting to law
Sexual Assault Center of enforcement.
East Tennessee (SACET)
2455 Sutherland Ave., Building B Campus Resources
Knoxville, TN 37919
24/7 crisis line: 865-522-7273 Office of Title IX
mcnabbcenter.org/victim-services/ 1817 Melrose Avenue
#sexual-assault 865-974-9600
865-974-4357 (24-hour help line)
SACET provides compassionate titleix.utk.edu
services for victims and survivors of
sexual assault and works to empower A no-contact directive can be issued
communities through education and between the complainant and respon-
social change. dent, which prohibits both parties
from having verbal, physical, or written
contact with you for a definite or
indefinite period of time.
10Community Resources • Specialized services for children
• On-site services at the Family
Knoxville Family Justice Center Justice Center
400 Harriet Tubman Street
Knoxville, TN 37915 • Education and information on
24/7 confidential family violence domestic violence and abuse
helpline: 865-521-6336 • Access to translation services
Office phone: 865-215-6800
(M–F, 8 am–4:30 pm)
fjcknoxville.org
• Safety planning
FORMAL COMPLAINT AND
• Danger assessment
INVESTIGATION OPTIONS
• Orders of protection
• Prosecution Consider your reporting options.
Campus and community resources
• Civil legal assistance are available if you wish to speak with
• Counseling someone about an incident and
• Support groups discuss your options for reporting.
• Language interpretation Reporting prohibited conduct to
• Access to shelter the university or law enforcement
is a personal choice that only you
• Employment assistance
can make.
• Housing—short and long term
• Child care The university strongly encourages
you to report an incident of prohibited
• Services for the elderly, individuals conduct. Reporting the incident is the
with disabilities, and other special only way that the university and/or
populations law enforcement can take action. Re-
porting the incident—and, for sexual
Helen Ross McNabb Domestic assault cases, having a medical exam
Violence Services performed within 72 hours—is critical
24/7 confidential domestic violence in preserving evidence and allowing
crisis hotline: 865-637-8000 law enforcement and/or the university
mcnabbcenter.org/victim-services/ to respond effectively, but you can
#domestic-violence report an incident at any time.
Safety planning
You can report an incident to law en-
• Emergency shelter information
forcement before, during, or after an
• Support groups investigation or a resolution of the in-
• Counseling services cident by the university. You have the
right to decline to report the incident
• Court advocacy and accompaniment to law enforcement. If you do decline
• Referrals for housing, legal services, you can still access medical care,
employment, and education counseling, and other support from
11the university by notifying the Office The collection of evidence for use
of Title IX or the Office of Student in a criminal prosecution relating to
Conduct and Community Standards. unwanted sexual activity can be per-
While these offices are not confiden- formed only by trained personnel at
tial resources, they will protect the a hospital emergency room or at the
privacy of your report as much as pos- Sexual Assault Center of East Tennes-
sible. See “Confidentiality and Privacy” see. Physical examinations by other
on page 14 for more information on health care providers are likely to im-
this aspect of reporting. pede potential future legal remedies.
Nonconfidential Reporting Reporting an Incident
Resources to Law Enforcement
UT Office of Title IX You can report an incident to law
1817 Melrose Ave. enforcement before, during, or after
865-974-9600 a report to the Office of Title IX or
filing a formal complaint to initiate
UT Office of Student Conduct and an investigation or a resolution of the
Community Standards incident by the university. Reporting
to law enforcement initiates criminal
405 Student Services Building
proceedings.
865-974-3171
Reports to law enforcement are not
UT Police Department
confidential and privacy levels are
865-974-3114 or 911
compliant with state law within the
Contact the UTPD to make a report
state in which the incident took place.
or request that an officer take you to
a local hospital or the Sexual Assault
A nurse at an emergency room or the
Center of East Tennessee for a medi- Sexual Assault Center of East Ten-
cal examination. nessee can perform a sexual assault
forensic examination. This examination
Knoxville Police Department involves collecting evidence—such as
865-215-7000 or 911 hairs, fluids, and fibers—and preserv-
ing the evidence for forensic analysis.
If unwanted sexual activity has oc- If you think you might want to pursue
curred and you think you might want prosecution but are still unsure, we
to prosecute, you are strongly encour- recommend that you make the police
aged to have a medical examination report right away, while the evidence
within 72 hours. Calling 911 or con- is still present and your memory is
tacting SACET or UTPD to arrange detailed.
for a medical examination does not
mean you must make a formal report. If you have a medical exam but choose
A medical exam simply preserves not to make an immediate police
evidence in the event that you choose report, the law enforcement agency
to pursue prosecution. with jurisdiction will store the exam-
ination materials for up to three years
so they can still be matched to a police
12report if you file one during that time. resources and offer to contact a victim
In most cases, the police will come to advocate to be present during your
you and take a statement about what questioning if you choose.
occurred. In addition to taking a state-
ment, police collect physical evidence. Reporting an Incident
They may ask to examine the scene to the University
and collect bedding, clothing, or
other items. You can report prohibited conduct to
the university without filing a formal
The interview may take several hours, complaint. You can access supportive
depending on the circumstances of measures even if you choose not to
your case. Some questions will prob- file a formal complaint with the Office
ably feel intrusive, and the officer will of Title IX.
probably go over the details several
times. The extensive questioning is not
If you disclose an incident of prohibit-
because the police do not believe you;
ed conduct to the university (by telling
it is the officer’s job to get every detail
a mandatory reporter or meeting with
down precisely.
the Office of Title IX), the Office of
In cases of sexual assault, multiple Title IX will work with you to evaluate
interviews may be required to get all your care and support needs and
of the pertinent details of the assault. discuss your options under university
This is not unusual, and investigators policy. If you choose to file a formal
are trained to expect gaps in memory complaint, they will connect you to the
due to trauma immediately after the appropriate office to pursue the inves-
assault. Investigators understand that tigation and provide support during
as time passes, additional memories the entire process.
may become clearer. Throughout the
process, law enforcement officials will At the time your report is made to the
keep you aware of the progress of Office of Title IX, you do not have to
your case. decide to file a formal complaint or
choose any particular course of action.
The district attorney will decide Talking with the Office of Title IX does
whether to pursue prosecution; how- not obligate you to initiate a university
ever, it is unusual for cases to proceed
investigation by filing a formal com-
without the cooperation of the victim.
plaint or report the incident to law en-
Reporting the incident to law enforce-
forcement unless you choose to do so.
ment does not obligate you to coop-
erate with any criminal prosecution.
If prosecution is pursued, the chance The decision to file a formal complaint
of success will be much higher if you or report to law enforcement is yours
reported and allowed evidence to be to make. Regardless of your choice,
collected. If you report the incident the university will provide you with
to UTPD, they will contact the Title IX care and support.
coordinator and a university official
will get in touch with you. UTPD will If you choose to file a formal
also provide you with a list of available complaint to initiate a university
13investigation, this enables the your participation because of the
university to respond appropriately university’s commitment to providing
by conducting a prompt, thorough, a safe and nondiscriminatory learning,
and equitable investigation and, if living, and working environment
warranted, taking disciplinary action free from prohibited conduct. These
against a respondent. limited circumstances are referred to
as university-initiated investigations.
A formal complaint is filed by
completing the formal complaint The Office of Title IX will explain
process form and is required to begin these circumstances and provide an
an investigation under the Policy on understanding of university-initiated
Sexual Harassment, Sexual Assault, investigations before taking actions.
Dating and Domestic Violence, and
Stalking (“Policy”). Before completing University Investigation Options
this form, a representative with the Once a formal complaint is filed, an
Office of Title IX will: investigation will be initiated through
the Office of Student Conduct
1. Discuss the availability of and Community Standards if the
supportive measures with respondent is a student, or through
or without filing of a formal the Office of Equity and Diversity
complaint; if the respondent is a faculty or
2. E
xplain the process for filing a staff member. The Office of Title IX
formal complaint; and will work with you to connect you
with the appropriate office. During
3. R
eview the investigation, the investigative process, you can
hearings, and appeals process continue to receive support from the
associated with the Policy. Office of Title IX staff.
To initiate a formal complaint Confidentiality and Privacy
you must provide the following Confidentiality and privacy are
information: different. Confidentiality is limited
to someone who, by law, can keep
• Your name information confidential. Information
• Name of the respondent communicated to the Office of Title
IX or other mandatory reporters
• Date of the incident (if known) will be kept private and shared only
• Location of the incident with university employees who need
(if known) to be involved in responding to or
addressing a report. For more detailed
• Prohibited conduct information, visit titleix.utk.edu or
contact the Office of Title IX.
There are limited circumstances in
which the Title IX coordinator may The Student Counseling Center and
determine that the university must Student Health Center are the primary
continue with an investigation without designated on-campus confidential
14resources where you can learn about safety notice or UT Alert is sent to
supports and options. Other university the community. Safety notices do not
employees who are not confidential include identifiable information about
resources—including the Office of the complainant but are designed to
Title IX—will protect the privacy of address any ongoing safety threats to
your report to the maximum extent the community.
possible under the circumstances
and will share the information you Retaliation
reported only within the limited The University of Tennessee and Title
circle of university employees who IX prohibit retaliation against anyone
need to be involved in responding who reports prohibited conduct. The
to the report. university will take reasonable steps to
prevent retaliation and will take strong
Clery Act responsive action if retaliation occurs.
The Jeanne Clery Disclosure of
Campus Security Policy and Campus Amnesty
If you were using alcohol or drugs at
Crime Statistics Act, commonly
the time of an incident, the university
known as the Clery Act, is a federal
does not want that to keep you from
law requiring all higher education
reporting. The university will not
institutions that receive federal
pursue disciplinary charges against
financial aid to report crime statistics you for personal consumption of
to their communities. This includes alcohol or other drugs.
statistics related to sexual misconduct,
relationship violence, and stalking that
occur on UT-controlled property.
Certain individuals on campus who
are designated campus security
authorities, or CSAs, are required
to submit reports to the Clery
compliance officer at the UT Police
Department, which keeps a log of all
Clery crime statistics reported within
the past 60 days at clery.utk.edu/
crime-log. Not all incidents reported
to the Office of Title IX result in a
safety notice to the community. For
questions about Clery statistics, CSAs,
or the crime log, contact the Office of
Title IX or the Clery compliance officer.
Safety Notices/UT Alert
Because of our commitment to
keep the UT community safe and
informed, there are times when a
15SUPPORT AND the Sexual Assault Center of East
RESOURCES Tennessee or at the UT Medical Center
emergency room.
Talk to someone you trust. As soon
as you are in a safe place, talk to Office of Ombuds Services
someone you can trust about the 865-974-6273
incident—like a family member, friend, ombuds.utk.edu
or counselor. There are resources both
on campus and in the community that Serves as an independent, impartial,
confidential, and informal resource for
can assist you.
UT Knoxville and UT Institute of Agri-
culture employees—both faculty and
staff—as well as graduate students.
ON-CAMPUS UT Psychological Clinic
RESOURCES 208 Conference Center Building
600 Henley Street
Confidential On-Campus Knoxville TN 37996
Resources 865-974-2161
psychclinic.utk.edu
Student Counseling Center
1800 Volunteer Blvd., Suite 200 Utilizes advanced doctoral students to
865-974-2196 assess and treat children, adolescents,
865-974-4357 (24-hour help line) adults, and couples/families for a wide
counselingcenter.utk.edu spectrum of behavioral and mental
health conditions.
Provides students with personal
counseling, psychotherapy, and Employee Assistance Program
psychological outreach and 855-Here4TN
consultation services. hr.utk.edu/employee-assistance-
program
Mental health providers are available
during weekday business hours for Provides free confidential assistance to
appointments and after hours and on help employees and their families iden-
weekends via the helpline. tify counseling and support resources.
Student Health Center Veterinary Social Work Clinic
1800 Volunteer Blvd. 865-755-8839
865-974-3648 vetsocialwork.utk.edu
studenthealth.utk.edu
Human and animal violence are often
Provides students with an acute care linked. Former and current pet owners
clinic/triage nurse, primary care clinic, seeking help, support, or resources
sports medicine clinic, and women’s can call the helpline weekdays
health clinic. After hours, students are between 10 a.m. and 5 p.m.
encouraged to seek services through
16Nonconfidential Center for Health Education
On-Campus Resources and Wellness
1800 Volunteer Blvd., Suite 201
Office of Title IX 865-974-5725
1817 Melrose Ave. wellness.utk.edu
865-974-9600
865-974-4357 (24-hour help line) Provides campus prevention efforts to
titleix.utk.edu educate, increase awareness, and im-
pact decision-making in areas related
UT Police Department to prohibited contact.
1101 Cumberland Ave.
865-974-3114 UT Human Resources
Emergency: 911 or 865-974-3111 105 Student Services Building
utpolice.utk.edu 865-974-6642
hr.utk.edu
Works to ensure safety on
campus and in the immediate Provides support services and
surrounding area and provides information for university employees.
programming for students to
increase awareness, personal
safety, and property security.
COMMUNITY RESOURCES
Office of Equity and
Diversity (OED) Confidential Community
1840 Melrose Ave. Resources
865-974-2498
oed.utk.edu Sexual Assault Center of
East Tennessee
Fulfills an important compliance 2455 Sutherland Ave., Building B
function by working with various legal Knoxville, TN 37919
mandates set out by state and federal 24/7 crisis line: 865-522-7273
law and university policies related to mcnabbcenter.org/victim-services/
civil rights, equal employment, and af- #sexual-assault
firmative action. OED serves to inves-
tigate and resolve faculty/staff-related
reports of prohibited conduct.
Office of Student Conduct and
Community Standards
405 Student Services Building
865-974-3171
studentconduct.utk.edu
Staff members are the primary investi-
gators for alleged prohibited conduct.
Before initiating an investigation, staff
can meet with an individual to discuss
options and processes. 17OUR TITLE IX MODEL
Grounded in the social ecological model, the university’s
Title IX commitment emphasizes five key areas:
Policy. Our foundation is in the policy and procedures
we follow.
Prevention. Our goal is to prevent sexual misconduct,
relationship violence, stalking, and retaliation before
they happen.
Supportive measures. Our promise is to provide appropriate
supportive measures to individuals involved in the Title IX
process.
Investigation and resolution. Our commitments to
due process, campus safety, and encouraging reporting
guide how we investigate and resolve reports.
Patterns and trends. Our responsibility is to utilize the best
available research, evidence-based practice, and our own
campus trends in our prevention and response efforts.
18APPENDIX B: TITLE IX PROCESS
Title IX offers the
Title IX complainant care, support,
receives a report. resources, and
reporting options.
COMPLAINANT OPTIONS
Limited Action Initiate an Initiate an
Investigation Investigation
• A complainant
can choose to through the through
receive only University Law Enforcement
resources and
• A complainant can •A
complainant has
supportive
choose to initiate an the right to choose
measures from the
investigation through a to report to police.
Office of Title IX.
formal complaint.
•T
itle IX staff will
• A complainant
•T
itle IX staff will work work with the
can choose not
with the complainant complainant to
to disclose the
to file a formal connect them with
name/identity of
complaint to initiate an the appropriate
the respondent to
investigation with the law enforcement
the university.
appropriate office. in the appropriate
•A
complainant jurisdiction.
•D
uring the process,
does not have to
a complainant can •D
uring the process,
pursue a formal
continue to receive a complainant can
complaint.
supportive measures continue to receive
•A
complainant from the Title IX staff. support from Title
can change their IX staff.
mind at any time
and request an
investigation or
report to law
enforcement.
19APPENDIX C: TITLE IX COORDINATORS
Title IX Coordinator Deputy Title IX Coordinator for OED
Ashley Blamey Michelle Buck
1817 Melrose Ave. 1840 Melrose Ave.
865-974-9600 865-974-2498
ashleyblamey@utk.edu michellebuck@utk.edu
titleix.utk.edu oed.utk.edu
Deputy Title IX Coordinator Clery Compliance Coordinator;
for Support Deputy Title IX Coordinator for Law
Sarah Thomas Enforcement and Clery Compliance
1817 Melrose Ave. Jillian Paciello
865-974-9600 UT Police Department
sarahthomas@utk.edu 1101 Cumberland Ave.
titleix.utk.edu 865-974-0544
jpaciell@utk.edu
Deputy Title IX Coordinator for Pre- clery.utk.edu
vention, Training, and Evaluation utpolice.utk.edu
Laura Bryant
1817 Melrose Ave. In accordance with Title IX
865-974-9600 of the Education Amendments Act
lbryant7@utk.edu of 1972, UT policy prohibits discrim-
titleix.utk.edu ination on the basis of sex in any
education program or activity. Reports
Deputy Title IX Coordinator or complaints of sex discrimination
for Intercollegiate Athletics or prohibited conduct, or ques-
Tara Brooks tions about the university’s policies,
Brenda Lawson Athletic Center procedures, resources, or programs
1551 Lake Loudoun Blvd. concerning any of those issues, may
865-974-6122 be directed to the university’s Title IX
tbrooks3@utk.edu coordinator or one of the university’s
deputy Title IX coordinators.
20APPENDIX D: TITLE IX HEARINGS & ADVISORS
You have the right to be assisted by
an advisor during all stages of the pro-
hibited conduct investigation and, if
applicable, hearing process, including
all meetings, investigative interviews,
and hearings. The advisor may be, but
is not required to be, an attorney.
In general, an advisor is not permitted
to speak on your behalf, appear in-
stead of you, participate as a witness,
or participate directly in any other
way, except in a Title IX hearing. In a
Title IX hearing, the advisor must ask
the respondent and any witnesses
all relevant questions and follow-up
questions.
If you do not have an advisor at a Title
IX hearing, the university will provide
one (selected by the university) with-
out fee or charge.
21Title IX & Non–Title IX
Prohibited Conduct Complaints & Investigations (1 of 3)*
UT community member reports Title IX or Non–Title IX Prohibited Conduct under the Policy
Conduct reported by Mandatory Reporter, Third Party, or Self-Referral to Office of Title IX
Office of Title IX outreach to Complainant to offer Supportive Measures and explanation of Formal Complaint Procedure
Conduct meets definition AND Conduct does not meet definition OR
jurisdiction of Title IX Sexual Harassment jurisdiction of Title IX Sexual Harassment
No formal complaint Formal Title IX complaint Formal Non–Title IX No formal complaint
signed by Complainant signed by Complainant complaint signed by signed by Complainant
Complainant
Title IX Title IX Title IX Title IX
Coordinator Coordinator Simultaneous notice of sufficient details Coordinator Coordinator
agrees signs formal including the (1) identities of the parties signs formal agrees
supportive complaint involved, (2) the conduct allegedly complaint supportive
measures only constituting sexual harassment, and (3) the measures only
date and location of the incident (if known)
+5 days
Investigation
+45 days
Simultaneous sharing to parties and
advisors of all evidence directly related
to the allegations
+10 days
Investigator review of written response
and consideration for investigation
+5 days
Simultaneous sharing of investigative
report to parties and advisors
Informal Resolution (Title
IX) can occur at any time
following formal complaint
and prior to a finding of
responsibility. An Alternative
(Non–Title IX) Resolution
may occur following a formal
complaint and prior to a
finding of responsibility.
*The flow chart is a summary graphical representation. For full detail
and information see the Policy and associated Code of Conduct.
22Title IX
Prohibited Conduct Hearing and Appeals (2 of 3)*
A Title IX Prohibited Conduct
Complaint must be resolved through
the Title IX Hearing process, unless
the parties agree to an Informal
Resolution. Section IX of the Code
describes the process for a Title IX
Hearing. The University generally
concludes these hearings with a
decision within forty (40) business
days of the end of the investigation.
Informal Resolution can occur
at any time following formal
complaint and prior to a
finding of responsibility.
After parties and advisors review the investigative
report and if there is no informal resolution
agreement a Hearing Officer is appointed.
Complainant and Respondent
provide names of advisors to
Title IX Hearing Officer sends a Notice of Hearing. No less than Title IX Hearing Officer. The
Parties may participate in a prehearing conference. +10 days University will appoint an
advisor for the hearing to any
party without one.
Hearing At least 5 days before the hearing
No more
than +10
days
Notice of Decision issued by Title IX
Hearing Officer. SCCS notifies the parties
and advisors.
Appeal—Optional
(available to both parties on
limited grounds)
*The flow chart is a summary graphical representation. For full detail
and information see the Policy and associated Code of Conduct.
23Non-Title IX
Prohibited Conduct Hearing and Appeals (3 of 3)*
A Non–Title IX Prohibited Conduct The timelines described do not
Complaint may be resolved by a apply if a Respondent exercises the
hearing before the Student Life right to have a hearing conducted
Hearing Officer, a hearing before under state law, the Uniform
the Student Conduct Board, or, in Administrative Procedures Act,
some cases, a hearing under state Tennessee Code Annotated § 4-5-101
law, the Uniform Administrative et seq. (“UAPA”). If a Respondent
Procedures Act. Sections VII and VIII exercises a right to a UAPA hearing,
of the Code describe the process for then an administrative judge will
those hearings, unless the University be appointed by the University’s
agrees to an Alternative Resolution. Agency Head typically within five (5)
The University generally concludes business days of the Respondent’s
these hearings with a decision within request for a UAPA hearing. The
thirty (30) business days of the end timelines for a UAPA hearing are
of the investigation. governed by the UAPA.
After the parties and advisors review the investigative report and
if there is no alternative resolution agreement, an SLHO or SCB
hearing is selected by the Respondent.
Complainant and Respondent provide names of advisors,
witnesses, and any statements to SCCS.
SCCS provides all copies of the information submitted by the No less than
parties to the other party and SLHO or SCB. +5 days
No less than
+3 days
Hearing
No more than
+3 days
Notice of Decision is issued by the SLHO or SCB.
Appeal—Optional
(available to both parties
on limited grounds)
An Alternative Resolution may
occur at any time following
formal complaint and prior to
a finding of responsibility.
*The flow chart is a summary graphical representation. For full detail
and information see the Policy and associated Code of Conduct.
24Appendix D
Title IX & Non–Title IX
Prohibited Conduct Complaints & Investigations (1 of 2)*
UT community member reports Title IX or Non–Title IX
Prohibited Conduct under the Policy
Conduct reported by Mandatory Reporter, Third Party,
or Self-Referral to Office of Title IX
Office of Title IX outreach to Complainant to offer Supportive Measures and explanation of Formal Complaint Procedure
Conduct meets definition AND jurisdiction of Conduct does not meet definition OR
Title IX Sexual Harassment jurisdiction of Title IX Sexual Harassment
No formal complaint Formal Title IX complaint Formal Non–Title IX No formal complaint
signed by Complainant signed by Complainant complaint signed by signed by Complainant
Complainant
Title IX Title IX Title IX Title IX
Coordinator Coordinator Simultaneous notice of sufficient details Coordinator Coordinator
agrees signs formal including the (1) identities of the parties signs formal agrees
supportive complaint involved, (2) the conduct allegedly complaint supportive
measures only constituting sexual harassment, and (3) the measures only
date and location of the incident (if known)
+5 days
Investigation
+45 days
Simultaneous sharing to parties and
advisors of all evidence directly related
to the allegations
+10 days
Investigator review of written response
and consideration for investigation
If allowable, Informal
Resolution (Title IX) may
occur at any time following +5 days
formal complaint and prior
to a finding of responsibility. Simultaneous sharing of investigative
An Alternative (Non–Title report to parties and advisors
IX) Resolution may occur
following a formal complaint
and prior to a finding of
responsibility.
*The flow chart is a summary graphical representation. For full
detail, information, and dismissal considerations see the Policy.
25Appendix D
Title IX
Prohibited Conduct Hearing and Appeals
Faculty and Staff (2 of 2)*
A Title IX Prohibited Conduct
Complaint must be resolved through
the Title IX Hearing process, unless
the parties agree to an Informal
Resolution. Section D-1 of the
Policy describes the process for
a Title IX Hearing for faculty and
staff respondents. The University
generally concludes these hearings
with a decision within forty (40)
business days of the end of the
investigation.
If allowable, Informal
Resolution may occur at
any time following formal
complaint and prior to a
finding of responsibility.
After parties and advisors review the investigative
report and if there is no informal resolution
agreement a Hearing Officer is appointed.
Complainant and Respondent
provide names of advisors to
Title IX Hearing Officer sends a Notice of Hearing. No less than Title IX Hearing Officer. The
Parties may participate in a prehearing conference. +10 days University will appoint an
advisor for the hearing to any
party without one.
Hearing At least 5 days before the hearing
No more
than +15
days
Notice of Decision issued by Title IX
Hearing Officer. OED/OEI notifies the
parties and advisors.
Appeal—Optional
(available to both parties on
limited grounds)
*The flow chart is a summary graphical representation. For full detail,
information, and dismissal considerations see the Policy.
2627
The University of Tennessee is an EEO/AA/Title VI/Title IX/Section 504/ADA/ADEA institution in the provision of its education and employment programs and services. All qualified applicants will receive equal consideration for employment without regard to race, color, national origin, religion, sex, pregnancy, marital status, sexual orientation, gender identity, age, physical or mental disability, or covered veteran status. The university name and its indicia within are trademarks of the University of Tennessee. A project of the Office of Title IX with assistance from the UT Office of Communications and Marketing. Job 45611493 28
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