Utah Tech University

Information for Respondents

A Respondent is someone designated to respond to a report submitted to the Equal Opportunity and Title IX Office. Generally, the Respondent is someone alleged to be responsible for behavior that is in violation of the university’s Sexual Harassment policy and or Non-Discrimination policies. If you are contacted by the Title IX Office, it’s important to keep in mind that the office is not taking action at that time, but rather would like to meet with you to follow-up on the report and further discuss the situation. When or if you meet with our office initially, you will not be required to provide a response or any information that day, but will instead be given time to prepare and submit your response to the report at a later day.

If you have been accused of sex discrimination, sexual violence, dating violence, domestic violence, stalking, or other gender-based harassment, the following information may be useful.

Wondering what a Title IX investigation looks like? Click here for frequently asked questions or here for easy-to-understand process flowcharts.

Wondering what resources are available to you? You can request supportive measures.

Click here for a list of campus and community organizations that may be helpful.

Respondent Rights

1

To be treated with dignity and respect by University employees.

To take advantage of Supportive Measures.

To receive timely notice of proceedings, processes and outcome under Policy 154 and 164.

2

To have an Advisor present at any meeting or hearing.

To present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

To be free from retaliation for reporting violations of Policy 154 or 164 or cooperating with an investigation.

3

To receive amnesty for certain student misconduct, such as drug and alcohol violations, that occurred ancillary to the complaint at hand and consistent with Policy 154 and policy 164.

To be informed in writing of the outcome or resolution of the complaint, any Sanctions, and the rationale for the outcome, where permissible.

4

To exercise a right of appeal as afforded in Policy 154 or 164.

The Respondent shall have the right to be presumed not responsible for all allegations until found responsible for the alleged conduct by a hearing panel under Policy 154 or an adjudicator under policy 164.

Frequently asked questions

What does the “preponderance of the evidence” mean?

The preponderance of the evidence standard is the required standard of proof in UT’s investigation procedures for Non-discrimination and Title IX cases. It is also referred to as “more likely than not” and is equivalent to 50.1% or “50% plus a feather.” A school will find an individual responsible for violating the Non-Discrimination or Sexual Harassment Policy when the evidence supports the finding based on a preponderance of the evidence. If the evidence is 50/50, there will be no finding.

What is the “beyond a reasonable doubt” standard of evidence?

Beyond a reasonable doubt” is the standard of proof that applies in a criminal trial. It is a very high standard of proof that is significantly greater than the preponderance of the evidence standard and is NOT used in UT Non-Discrimination and Title IX investigations.

How long does a Title IX investigation take?

Our goal is complete all investigations within 90 calendar days. Some investigations may take longer due to complexity, unavailability of witnesses, or other extenuating factors.

Will I ever be required to meet with or see the other party involved in my case?

No. Respondents and complainants do not have to meet or speak to each other as part of an investigation or informal resolution. Both parties will have the opportunity to read and respond to the statements and evidence of the other, but all communication will be facilitated through the investigator.

Can I provide my own witnesses and evidence?

Yes! Both parties will have the opportunity to present witnesses and the investigator will make every effort to speak with every relevant witness. The investigator may also develop additional witnesses. Both parties may also provide any relevant evidence. Evidence is often comprised of text messages, emails, photos, videos, or other documents. Evidence can be any information that corroborates or contradicts the allegations, and both parties will have equal opportunity to present evidence and witnesses.

How will I know the status and outcome of the investigation?

Both parties will be kept in informed on the status and outcome of the investigation by the investigator. If ever one party has a questions, they can contact the investigator at any time for an update. Although the investigator will not be able to comment on the potential conclusion or finding prior to the final report, both parties may know what is happening at all times.

What if I make a report to the Equal Opportunity and Title IX Office (or someone else makes a report on my behalf) but I don't want an investigation?

After receiving a report, our office will work the complainant to determine the best way to proceed. In most cases, we will be able to honor your request not to pursue an investigation. However, in some cases we may be required to proceed with an investigation even if it is requested that we don’t. In each situation, the Equal Opportunity and Title IX Office will consider the seriousness of the alleged matter, the age or maturity of the complainant, the existence of any previous accusations against the alleged respondent, and the existence of independent evidence to substantiate the allegations. Again, our goal is to be helpful to complainant, but as a university we are also responsible to ensure we appropriately address the behavior and stop it from happening to others.

What is the difference between a formal investigation and an alternative resolution?

A formal investigation follows a prescribed process and will conclude with a formal finding and outcome. In nearly all cases, discipline and sanctions can only occur after a formal investigation is complete. However, if the preponderance of the evidence standard is not met, there will be no discipline and the case will be closed. An alternative resolution works to conclude the matter quickly and confidentially, at the end of which there is no formal finding or discipline.

  • Sexual Harassment Grievance Procedures (Title IX) Process Flow Chart Link
  • Protected Class and (Non-Title IX) Discrimination, Harassment Sexual Harassment Link