Title IX

Title IX (9) of the Education Amendments of 1972 is a federal law that protects individuals from discrimination on the basis of sex in education programs and activities at institutions that receive federal financial assistance. The University of Tampa is a recipient institution, and thus, must comply with Title IX (9) mandates. Educational programs and activities can include admissions, recruitment, athletics, financial aid, academic programs, housing, and employment. Sexual discrimination can include incidents of sexual misconduct and relationship violence including, but not limited to, acts of sexual harassment, sexual assault, dating violence, domestic violence, and stalking.

For further information on the application of Title IX (9) to The University of Tampa you may submit inquiries to the Florida Office for Civil Rights by utilizing the information provided below:

Office for Civil Rights
U.S. Department of Education
61 Forsyth St. S.W., Suite 19T10
Atlanta, GA 30303-8927
Telephone: 404-974-9406
FAX: 404-974-9471; TDD: 800-877-8339

Email:  OCR.Atlanta@ed.gov

For further information on Title IX (9) prohibited actions, you may also contact The University of Tampa Title IX (9) Coordinator, Taylor Parker, or refer to University policies, located in the Student Code of Conduct, the Employee Handbook, or the Faculty Handbook for further information on these prohibited actions.

The University of Tampa strongly encourages the reporting of discrimination, sexual misconduct, relationship violence, and stalking and will take prompt and effective steps to stop the discrimination, prevent its recurrence, and remedy its effects. UT is committed to promptly responding to all complaints of discrimination or harassment and to dealing fairly with complaining and responding parties alike. Detailed information about this fair and equitable process, including the University’s response and investigation procedures, sanctioning, and decision review can be found below. Reporting may help in overall recovery, feelings of personal safety, and to protect others in the future.

How does the Title IX (9) Sexual Harassment Policy and Grievance Procedure (“Title IX (9) Policy” or “Title IX (9) Procedure”) impact other campus disciplinary policies?

Incidents falling within the definition of sexual harassment as set forth in UT’s Title IX (9) Policy will be investigated under this grievance procedure and, if appropriate, brought to a live hearing through the Title IX Grievance Procedure defined below.

However, this Title IX (9) policy is not the only policy of the University prohibiting sexual misconduct or other forms of harassment, discrimination, and misconduct.  UT holds its community to a higher standard than the minimum requirements under the law, and it remains committed to addressing any violations of its policies.  Specifically, UT has enacted the following policies that include provisions prohibiting a broader array of conduct, including harassment, discrimination, and sexual misconduct:

• A Student Code of Conduct that defines certain behavior as a violation of campus policy, including Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, Stalking, and related sex-based offenses that are not covered under the Title IX (9) Policy.
• An Employee Handbook which includes a Policy on Harassment in the Workplace and other prohibited behaviors that are not covered under the Title IX (9) Policy.
• A Faculty Handbook which includes a Policy on Harassment in the Workplace and other prohibited behaviors that are not covered under the Title IX (9) Policy.

To the extent that alleged misconduct falls outside the Title IX (9) Policy, or misconduct falling outside the Title IX (9) Policy is discovered during the course of investigating an allegation covered by the Title IX (9) Policy, the institution retains authority to investigate and adjudicate the allegations under the policies and procedures defined within the Student Code of Conduct, the Employee Handbook, and the Faculty Handbook through a separate grievance proceeding.

Sexual Harassment

For the purposes of this Title IX (9) Policy, “sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

1. An employee of UT conditioning the provisioning of any educational benefit, aid, or service on an individual’s participation in unwelcome sexual conduct (i.e., quid pro quo);
2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to UT’s education program or activity;
3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent; the Clery Act defines the following prohibited behaviors as:
   • Rape - is the 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 - is the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
   • Incest - is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
   • Statutory Rape - is sexual intercourse with a person who is under the statutory age of consent.

Note: Any individual who knows, or has reasonable cause to suspect, that a child or minor is abused by a person responsible for the child’s welfare is required to report that information as a mandatory reporter, as defined in §39.201(1)(a), Florida Statutes.

4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), means any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; and (iii) 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.
   • Dating violence does not include acts covered under the definition of domestic violence.
5. Domestic violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under Florida domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of Florida.
6. Stalking (as defined in the VAWA amendments to the Clery Act), means engaging in a course of conduct directed at a specific person that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B) 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.

To meet the definition of sexual harassment, the conduct must have occurred in UT’s education program or activity.

Note: Conduct that does not meet one or more of these criteria may still be prohibited under the Student Code of Conduct, the Faculty Handbook, and/or the Employee Handbook and may be addressed under the procedures set forth therein.

Consent

For the purposes of this Title IX (9) Policy, “consent” is defined as an informed, voluntary, and mutual agreement. Consent can be withdrawn at any time and there is no consent when there is force, expressed or implied, or when coercion, intimidation, or duress is used. Consent cannot be given by a person who is incapacitated.

Education Program or Activity

For the purposes of this Title IX (9) Policy and Procedure, The University of Tampa’s “education program or activity” includes:

• Any on-campus premises
• Any off-campus premise, event, or circumstance where UT has exercised substantial control over both the respondent and the context in which the sexual harassment has occurred. This definition includes buildings or property owned or controlled by a recognized student organization.
• Any activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of The UT’s programs and activities over which UT has substantial control.

Formal Complaint

For the purposes of this Title IX (9) Policy, “formal complaint” means a document – including an electronic submission –  filed by a complainant with a signature, or other indicia that the complainant is the person filing the formal complaint, or signed by the Title IX (9) Coordinator, alleging sexual harassment against a respondent about conduct within UT’s education program or activity and requesting UT to investigate the allegation of sexual harassment.  At the time of filing the formal complaint, the complainant must be participating in or attempting to participate in UT’s education program or activity.

Complainant

For the purposes of this Title IX (9) Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute as sexual harassment as defined under this policy.

Respondent

For the purposes of this Title IX (9) Policy, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute as sexual harassment as defined under this policy.

Other Florida Laws

It should be noted that the State of Florida defines prohibited sexual acts in Chapter 794:

Florida Sexual Battery/Rape Laws and Definitions

Sexual Battery - In Florida, “rape” is called “sexual battery.” Sexual Battery, defined in the Florida Statutes, Chapter 794, means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose.

Consent – In Florida, consent means intelligent, knowing, and voluntary consent and does not include coerced submission. “Consent” shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.

Any individual (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or harassment) may report discrimination based on sex, sexual harassment, sexual misconduct, stalking, and relationship violence. Reports may be made at any time by telephone, email, or mail to the Title IX (9) Coordinator using the contact information set forth below. Reports also may be made in-person to the Title IX (9) Coordinator during regular business hours.

Taylor Parker, Title IX (9) Coordinator
Office of Human Resources
401 W. Kennedy Blvd. Box G
Southard Family Building #276
Tampa, FL 33606-1490
(813) 257-3947
tsparker@ut.edu

Reports may also be submitted through our electronic Title IX (9) reporting system at www. ut.edu/titleixreport or can be made to any of the following Deputy Title IX (9) Coordinators listed below by telephone, email, mail or in-person during regular business hours.

Title IX (9) Deputy Coordinator for Students

Tim Nelson, Assistant Dean of Students and Director of Student Conduct
Office of Student Conduct
(813) 258-7228
Vaughn Center, Room 202
tnelson@ut.edu
*Incidents involving students only

Title IX (9) Deputy Coordinator for Athletics

Jennifer Alger, Assistant Athletic Director, Academic and Student Services/Senior Woman Administrator
Athletics
(813) 257-3808
Martinez Athletics Center, Room 126
jalger@ut.edu
*Incidents involving student athletes, coaches and athletic staff

Title IX (9) Deputy Coordinator for Academic Affairs

Tyler Hodges, Director of DEI Training and Community Support
(813) 257-3229
Plant Hall, Room 235
thodges@ut.edu
*Incidents involving faculty

Reports may also be made to Responsible Employees, such as University faculty or University staff, who then have the duty to provide that information to the Title IX (9) Coordinator or a Title IX (9) Deputy Coordinator.

The Title IX (9) Deputy Coordinators listed above are also considered responsible employees and are therefore obligated to take the appropriate steps to address reported incidents of sexual misconduct and relationship violence. To the extent possible, report information will be handled in a private and discreet manner.

If you are not ready to make a report to a responsible employee, the University encourages you to contact a confidential resource who may assist you in understanding your options and the resources available before making a Title IX (9) report.

Confidential Reporting

The following Officials will provide privacy, which means sharing information only on a need-to-know basis, but cannot provide complete confidentiality, upon receiving a report of conduct prohibited under this policy:

• Title IX (9) Coordinator or designee
• Employees, faculty, and staff, who are considered Responsible Employees

The following Officials may provide confidentiality, which means they will not share the information you provide without your permission unless an immediate physical threat of harm or emergency situation arises:

• Victim Advocates (victimadvocacy@ut.edu) (813) 257-3900.
• Counselors at the University Counseling Center (healthcenter@ut.edu) (813) 253-6250
• Medical Professionals, while treating a related medical issue, at the Dickey Health and Wellness Center (wellness@ut.edu) (813) 257-1877
• 24/7 Mental Health Services for University of Tampa Students (833) 755-0484

Retaliation

It is the responsibility of all UT employees to report violations of the Title IX (9) Sexual Harassment Policy. In an effort to support an environment for open communication, the University will not tolerate any retaliation or retaliatory behavior against any employee or student who, in good faith, files a grievance, report or concern under Title IX (9) Policy. For purposes of this policy, a good faith filing means an honest belief with absence of malice or intent to defraud or seek to disadvantage another. 

Retaliatory acts may include intentional acts or threats of action toward another because they reported a violation of policy and/or because of their participation in the Title IX (9) Grievance Procedure. Prohibited retaliatory behavior may include direct and indirect actions.

After receipt of a report of sexual harassment as defined under this policy, the Title IX (9) Coordinator and/or designee will review the Title IX (9) report and promptly initiate communication based on the information provided, as deemed appropriate. This process typically involves a request by the Title IX (9) Coordinator and/or designee to meet with the complainant, the individual identified in the Title IX (9) report who is alleged to be the victim of conduct that could constitute as discrimination based on sex. This initial meeting is called an Information Session. At the Title IX (9) Information Session, the Title IX (9) Coordinator and/or designee will review the report with the complainant and provide information at a minimum regarding:

• Title IX (9) Jurisdiction,
• The Title IX (9) Process and Grievance Procedures,
• Title IX (9) Resolution Options,
• Any Applicable University Policies,
• Filing a formal complaint under the Title IX (9) Policy,
• Supportive measures available, with or without filing a formal complaint, to include discussion about any supportive measures needed to be in place immediately and consideration of the complainant’s wishes with respect to supportive measures, and
• University and Community resources and services available to assist the complainant.

It is the complainant’s choice whether he or she would like to meet for the information session. A complainant may still request resources and services and/or file a formal complaint under the Title IX (9) Policy, without an information session. The complainant has the right to bring an advisor of choice to the Information Session. If the complainant decides to seek a formal Title IX (9) resolution process, the complainant may file a formal complaint with the Title IX (9) Coordinator for review. The grievance procedure set forth below, which requires the filing of a formal complaint, will be followed before UT will impose any disciplinary sanctions or other actions that are not supportive measures against a respondent.

Supportive Measures

Supportive measures are non-disciplinary and non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complaint or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. The Title IX (9) Coordinator or designee is responsible for implementing supportive measures, as deemed appropriate and as reasonably available. Such measures are designed to restore or preserve equal access to UT’s education program or activity without unreasonably burdening the other party, including measures designed to protect the safety of all parties or UT’s educational environment or deter sexual harassment.  Therefore, complainants (as defined above), who report allegations that could constitute covered sexual harassment under this policy, have the right to receive supportive measures from the University regardless of whether they desire to file a formal complaint, which may include restrictions on contact, work or class adjustments, and referral to services, such as counseling or victim advocacy, as appropriate. UT will maintain as confidential any supportive measures provided to the complainant or respondent to the extent that maintaining such confidentiality would not impair UT’s ability to provide the supportive measures.  

Supportive Measures may include, but are not be limited to:

• Counseling
• extensions of deadlines or other course-related adjustments
• modifications of work or class schedules
• campus escort services
• mutual restrictions on contact between the parties (no contact orders)
• changes in work or housing locations
• leaves of absence
• increased security and monitoring of certain areas of the campus

Note: The Title IX (9) Coordinator and/or designee will continuously review the supportive measures and adjust the individualized services as appropriate.

Emergency Removal

The University retains the authority to remove a respondent from UT’s program or activity on an emergency basis, where the University (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal.

If the University determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal.

In addition, for conduct that does not fall within the definition of sexual harassment or is not otherwise covered under this policy, the University retains the right to take any other action, including interim, temporary, or emergency actions, as provided in the Student Code of Conduct, the Faculty Handbook, and/or the Employee Handbook.

Administrative Leave

The University retains the authority to place a non-student employee respondent on administrative leave during the Title IX (9) Grievance Procedure, consistent with the Employee Handbook and the Faculty Handbook.

Filing a Formal Complaint

A formal complaint is a document filed by a complainant or signed by the Title IX (9) Coordinator requesting that the university investigate one or more allegations of sexual harassment (as defined herein) by a respondent. The formal complaint document should include identifying information about the respondent, if known, and information about the alleged prohibited conduct, such as the date, time, and place of the incident.

At the time of filing a formal complaint, the complainant must be participating in or attempting to participate in an educational program or activity of The University of Tampa. For complainants who do not meet this criteria, the University will utilize existing policy and procedures in the Student Code of Conduct, the Employee Handbook, or the Faculty Handbook to investigate and address, if appropriate, the reported conduct.

If a complainant does not wish to make a formal complaint, the Title IX (9) Coordinator may determine a formal complaint is necessary and will sign the formal complaint. In these limited situations, where the safety of the UT community necessitates this type of action, the Title IX (9) Coordinator will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this Procedure

Nothing in the Title IX (9) Policy, the Student Code of Conduct, the Employee Handbook, or the Faculty Handbook prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.

The timeframe for the Grievance Procedure begins with the filing of a formal complaint. The Grievance Procedure, including the timeframe for resolving any appeal, will be concluded within a reasonably prompt manner, and may be extended in limited circumstances for good cause, including but not limited to 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. When the timeframe has been extended, written notice will be provided to the complainant and respondent of the delay or extension as well as the reason for such delay or extension.

A Title IX (9) formal complaint may be filed at any time with the Title IX (9) Coordinator in person, by mail, or by electronic mail to:

Taylor Parker, Title IX (9) Coordinator
Office of Human Resources
401 W. Kennedy Blvd. Box G
Southard Family Building #276
Tampa, FL 33606-1490
(813) 257-3947
tsparker@ut.edu

Once a formal complaint is received by the Title IX (9) Coordinator, the Title IX (9) Coordinator and/or designated Title IX (9) Deputy Coordinator will review the formal complaint to ensure Title IX (9) jurisdictional requirements are met.

Determining Title IX (9) Jurisdiction

A determination on Title IX (9) jurisdiction is required before the initiation of any Title IX (9) formal resolution options. Title IX (9) jurisdiction is determined by the Title IX (9) Coordinator and/or designee. The Title IX (9) Coordinator and/or designee will determine jurisdiction and whether a Title IX (9) formal complaint and alleged prohibited conduct is within the scope of the Title IX Policy based on the following factors:

1. Whether the alleged prohibited conduct, if proven, meets the definition of prohibited Sexual Harassment within the Title IX (9) Policy;
2. Whether the alleged conduct occurred in the University’s education program or activity; and
3. Whether the alleged conduct occurred against a person in the United States of America.

If all of the elements are met, UT will investigate the allegations according to the Title IX (9) Grievance Procedure.

Mandatory Dismissal

If any of the above factors is not met, the Title IX (9) Coordinator and/or designee must dismiss the formal complaint. Each party may appeal a mandatory dismissal using the procedure outlined in the “Appeals,” section below. 

Discretionary Dismissal

The Title IX (9) Coordinator or designee may also choose, in their discretion and at any time during the investigation or hearing, to dismiss the formal complaint or any allegation therein if it is determined that the allegations or circumstances meet one of the following criteria:

1. The complainant withdraws his or her formal complaint or any allegation therein by notifying the Title IX (9) Coordinator in writing;
2. The respondent no longer is enrolled at or employed by the University;
3. There are specific circumstances that prevent the University from gathering sufficient evidence to reach a determination as to the formal complaint or the allegations therein

Each party may appeal a discretionary dismissal using the procedure outlined in the “Appeals,” section below. 

Allegations Potentially Falling Under Two Policies and Consolidated of Formal Complaints

If the alleged conduct, if true, includes conduct that would constitute sexual harassment under this policy as well as conduct that would not constitute sexual harassment under this policy, the Grievance Procedure will be applied to the investigation and adjudication of only the allegations that constitute sexual harassment under this policy. The University may still address the alleged conduct that falls outside of sexual harassment under this policy, through other University policies or procedures, including the Student Code of Conduct, the Employee Handbook, and the Faculty Handbook. In that instance, the information and allegations will be referred to the appropriate university office responsible for review of the alleged prohibited behavior and that conduct will be addressed in accordance with the process set forth in the applicable policy.

The University may consolidate formal complaints as to allegations of sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

Notice of Dismissal

Upon reaching a decision that the formal complaint or any allegations therein will be dismissed under either the mandatory or discretionary dismissal provisions, the institution will promptly send written notice of the dismissal and the reason for the dismissal, simultaneously to the parties through their University email accounts if they are a student or employee, and by other reasonable means if they are neither. It is the responsibility of parties to maintain and regularly check their email accounts.

Even if the University dismisses the formal complaint under the mandatory or discretionary dismissal provisions above, it may still address the alleged conduct through other University policies or procedures, including the Student Code of Conduct, the Employee Handbook, and the Faculty Handbook. In that instance, the information and allegations will be referred to the appropriate university office responsible for review of the alleged prohibited behavior and that conduct will be addressed in accordance with the process set forth in the applicable policy.

Title IX (9) Formal Resolutions: Title IX (9) Investigations

Once a formal complaint requesting a Title IX (9) Investigation is received and is determined by the Title IX (9) Coordinator or designee to meet the jurisdictional requirements, the University will begin a Title IX (9) investigation in accordance with University policy. The University of Tampa will investigate all allegations made in a formal complaint that have been accepted by the Title IX (9) Coordinator. All investigations will be conducted by a trained university investigator(s) who will be free of any bias or conflict of interest. The Title IX (9) Coordinator and/or designee will send written notice to the Complainant and Respondent indicating receipt of a formal complaint and the commencement of the formal university grievance procedure. Such notice will occur as soon as practicable, after the institution receives the formal complaint and the jurisdictional determination is made, if there are no extenuating circumstances.

The parties will be notified by their University email accounts if they are a student or employee, and by other reasonable means if they are neither.

Notice of Allegations

This notice, which is sent to both complainant and respondent, will include at a minimum:

1. Notice of the allegations potentially constituting Title IX (9) sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the alleged conduct constituting sexual harassment; and the date and location of the alleged incident, if known.
2. A copy of the complaint and any other reports or evidence obtained by the Title IX (9) Coordinator at the initiation of the case.
3. Notice of UT’s Title IX (9) Policy and Grievance Procedure and a hyperlink to a copy of the procedure.
4. A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance procedure.
5. A statement that the burden of gathering evidence sufficient to reach a determination and the burden of proving a violation of the Title IX (9) Policy is on the University and not on the complainant or respondent.
6. A statement that the University will not restrict the ability of parties to discuss the allegations or gather and present relevant evidence. The complainant and respondent will have an equal opportunity to present fact or expert witnesses and other evidence.
7. A statement that the complainant and respondent parties have the right to an advisor of their choice, including an attorney, who may accompany them during any meetings in relation to the complaint.
8. A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the University does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or another source.
9. A statement on the University’s retaliation policy.
10. A statement providing the respondent five (5) business days from receipt of the notice to provide a written response to the allegations to the Title IX (9) Coordinator and/or designated individual listed in the notice.
11. A statement providing both the complainant and the respondent the opportunity to meet with the Title IX (9) Investigator(s) for a Pre-Investigative meeting to discuss the Title IX (9) formal resolution process. This meeting is not an investigative interview.

The University will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview is scheduled. 

The Title IX (9) Coordinator and/or designee may again determine at this point that the formal complaint must be dismissed on the mandatory grounds identified above, and will issue a Notice of Dismissal, if applicable. If such a determination is made, any party to the allegations of sexual harassment identified in the formal complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.

Ongoing Notice

If, in the course of an investigation, the University decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise sexual harassment as defined in the Title IX (9) Policy, the University will notify the parties whose identities are known of the additional allegations by their University email accounts or other reasonable means if they are not a student or employee of the university.

The parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional allegations.

Investigation

The University of Tampa has developed an investigative process to review formal complaints alleging prohibited Title IX (9) Sexual Harassment. Complaints will be assigned to a trained University investigator(s) by the Title IX (9) Coordinator and/or designee.  Both the investigator and Title IX Coordinator or designee will be free of bias or any conflict of interest. The investigator(s) will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute as Title IX sexual harassment after issuing the Notice of Allegations. The University investigator(s) will be responsible for conducting a thorough, impartial, and fact-finding investigative process in accordance with outlined University policies and procedures.

Evidence

The University and not the parties, has the burden of proof and the burden of gathering evidence sufficient to reach a determination, i.e. the responsibility of showing a violation of this Policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from UT and does not indicate responsibility.

The University cannot access, consider, or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. UT will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e. evidence that tends to prove and disprove the allegations) as described below.

During the University investigation, evidence may also be collected in the form of investigative interviews.

Complainant and Respondent Investigative Interviews

The complainant and respondent each will be contacted for an investigative interview by the case’s assigned Title IX (9) investigator(s) to provide information regarding the formal complaint and the alleged Title IX (9) policy violation(s). During the investigative interview, the complainant and the respondent may be accompanied by an advisor of their choice who may be, but is not required to be, an attorney.  The advisor may assist in providing information to the University investigator(s). During the investigation, the University may set restrictions on the role of the advisor, which will apply equally to complainant and respondent. During this initial interview, the complainant and respondent may provide additional inculpatory and exculpatory evidence to the investigator(s). Inculpatory evidence is evidence that may be favorable to the Complainant. Exculpatory evidence is evidence that may be favorable to the Respondent. Additionally, parties may identify and supply contact information for relevant witnesses to the University investigator(s). Investigator(s) may, at their discretion, meet with the complainant and the respondent for follow-up meetings as they determine necessary. 

When a party is expected or invited to participate in a meeting, the investigator(s) will provide the date, time, location, participants, and an explanation of the purpose of the meeting in sufficient time for the party to prepare for the meeting.

Interview Review for Complainant and Respondent Parties

The complainant and respondent will be provided an opportunity to review the interview statements obtained by the Title IX (9) investigator during the interview that they provided.  University investigators will provide a summary of their respective interview to each party for review.  The complainant and respondent parties will have two (2) business days to review their initial interview summaries and provide feedback to the investigator(s).

Investigative Interviews with Relevant Witnesses

The University investigator(s) may conduct other interviews with relevant witnesses. Witnesses and other relevant parties are not permitted to have advisors during their meetings with the investigator(s).  University investigators will provide a summary of their witness interview to each relevant witness for review.  Witnesses will have two (2) business days to review their interview summaries and provide feedback to investigators. 

Inspection and Review of Evidence

Prior to the completion of the investigation, and after the University investigator(s) have completed their initial investigation and interviews, the University investigator(s) will submit a preliminary report to the complainant and respondent. The parties will have an equal opportunity to inspect and review the evidence obtained through the investigation, which will be provided to the parties and their advisors, if any, in electronic form or hard copy. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation. As provided below, the complainant and respondent will have ten (10) business days to inspect, review, and respond to the preliminary report.

Preliminary Investigative Report

This report will include at a minimum the following:

1. A summary of the formal complaint.
2. A summary of the statements made by the complainant and respondent.
3. A summary of the statements made by other relevant witnesses.
4. All expert witness and/or inculpatory and exculpatory evidence provided by the complainant, respondent, or any other individuals.
5. All other information relevant to the investigation as determined by the University investigator.
6. A summary of relevant evidence provided during the investigation.

The investigator will provide the complainant and respondent either a hard copy or electronic version of the report where appropriate. 

Preliminary Investigative Report Response

The complainant and respondent will have 10 business days to inspect, review and respond to the preliminary report and evidence. The Complainant and Respondent must submit their responses to the preliminary investigative report and evidence to their assigned University investigator(s) in writing within the allotted 10 business days, for the investigator(s) to consider the response prior to the completion of the final investigative report.

Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination. It should be noted that statements made by a party or witness may, but is not required, to be considered in making a determination at the hearing, if the party or witness is not available at the hearing for cross-examination.

Investigative Report

Upon timely receipt of the complainant and respondent responses, which will be considered by the investigation, the University investigator(s) will complete a final investigative report.  This report will include at a minimum the following:

1. A summary of the formal complaint.
2. All summary of the statements made by the complainant and respondent.
3. All summary of the statements made by other relevant witnesses.
4. All expert witness and/or inculpatory and exculpatory evidence provided by the complainant, respondent, or any other individual.
5. All other information relevant to the investigation as determined by the University investigator.
6. A summary of relevant evidence provided during the investigation.
7. All timely written responses provided by the complainant and respondent.

This final investigative report will be submitted along with the formal complaint to the Title IX (9) Hearing Board in charge of determining violations of the Title IX (9) policy. The complainant and respondent will have at least (10) business days to inspect, review, and respond to any information contained within the final investigative report before appearing before a hearing panel. 

Disclaimer: If at any time during the investigatory process it is determined that the alleged conduct does not meet the definition of sexual harassment or did not occur in a school’s educational program or activity against a person in the United States, the University must dismiss the formal complaint. However, the University may address the alleged conduct through other appropriate University policies and processes.

Hearing

General Rules of Hearings 

The University will not issue a disciplinary sanction arising from an allegation of Title IX (9) sexual harassment without holding a live hearing. Complainants and respondents may not waive the right to a hearing.

The live hearing may be conducted with all parties physically present in the same geographic location, or, at the University’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through videoconferencing, if available. This technology will enable participants simultaneously to see and hear each other.

Continuances or Granting Extensions 

In limited and extenuating circumstances, the University may determine that multiple sessions or a continuance (i.e. a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, the University will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.

Participants in the Hearing

Title IX (9) hearings are not public, and the individuals permitted to participate in the hearing are the complainant and the respondent, a hearing advisor to the complainant, a hearing advisor for the respondent, investigator(s), witnesses, and the hearing panel. While hearings are not public, individuals who are not members of the University community may be present if they serve in the capacity of a witness, hearing advisor, or other individual permitted to participate in the hearing.

It should be noted that the University may still proceed with the hearing in the absence of a party, and may reach a determination of responsibility in his or her absence, including through any evidence gathered that does not constitute a “statement” by that party. The University may also proceed with the hearing in the absence of a witness.

The Hearing Board

The Hearing Board will be responsible for conducting an objective evaluation of all relevant information provided by the complainant, respondent, investigator(s), and witnesses during the hearing. The hearing board will also be responsible for reviewing all information contained within the investigation report.  While the hearing board may make credibility determinations, those determinations will not be made based on a person’s status as complainant, respondent, or witness. After review of the information provided in the investigative report and during the hearing, the Hearing Board will determine whether a respondent is found responsible for violating university policy. This determination will be made by utilizing the preponderance of the evidence standard, which will apply to the determination of all formal complaints regardless of whether the parties are students, faculty, or employees.

Hearing Board Members

The Hearing Board will consist of trained University faculty and/or staff members, or trained designees. The hearing board members assigned to a Title IX (9) case must be free from conflict and/or bias in relation to the complainant and the respondent and their Title IX (9) case either generally or specifically.

Hearing Board Chairperson

Each Hearing Board will have a designated chairperson whose responsibilities include responding to any procedural questions that may arise during a Title IX (9) Hearing. Additionally, the chairperson will be responsible for making determinations regarding the relevancy of questions and information provided during the hearing.

Hearing Advisor (for the Complainant or the Respondent Parties)

To facilitate aspects of the University Hearing Board, the Complainant and Respondent will be required to have an advisor present during the Title IX (9) Hearing.  The Complainant and Respondent may choose to select their own advisor or request the University provide one for the Hearing, which will be provided without charge. All requests for advisors must be made at least five (5) business days prior to the scheduled hearing.  The purpose of the advisor will be to assist their advisee (the Complainant or the Respondent) and to facilitate any questioning and requests for information on behalf of their advisee. The advisor may speak when recognized during the Hearing, however; the advisor may not unduly disrupt the Hearing process. If the advisors’ behavior is determined by the Hearing Board Chairperson to be an impediment to the hearing board process, the Hearing may be adjourned or delayed until a time the party can select a new advisor or that an advisor can be appointed by the University at the request of the party. Hearing advisors, along with the party they represent, may participate in a pre-hearing management meeting with the Title IX Coordinator and/or designee to address any hearing board rules and for further information on what to expect during the hearing.

Hearing Board Meeting Procedure

The Complainant and Respondent will have the opportunity to appear before a University Hearing Board prior to determination of responsibility for the alleged university prohibited conduct in the formal complaint. The Hearing Board will have at least ten (10) business days to review the Investigator(s) final report prior to Title IX (9) Hearing.  Each hearing board at a minimum will consist of three (3) trained individuals who are free from conflict and/or bias in relation to the Complainant and Respondent, the Complainant and Respondent (if participating), their chosen or assigned advisors, the University investigator(s), and any applicable witness(es).  The University reserves the right to proceed with a hearing in absence of the Complainant and/or Respondent if all procedural notifications were met as determined by the hearing board chairperson.

The hearing board will review all submitted information by all parties. This includes information submitted within the University investigation report and presented by investigator(s), parties, and witnesses during the hearing. The hearing board will have the ability to ask relevant questions to all parties making statements during the hearing. While the hearing board may review the final investigative report information, when making a determination of responsibility, the hearing board may, but is not required to, rely on statements made by a witness or party within the final investigative report, if the witness and/or party to the case is not present during the hearing. Any cross-examination of a witness or party must be done by the advisor for the party, not by the party, and it must be done directly, orally, and in real time. Before any question is answered on cross-examination, the hearing board chairperson must decide whether the question is relevant. If the question is excluded, the hearing board chairperson must explain the basis for the decision.

Hearing Board meetings are closed to the public. Upon request of the respondent or complainant, the live hearing may occur with the parties in separate rooms and the use of technology to allow the participants to see and hear each other. In addition, other accommodations may be made, in the discretion of the University, to hold meetings virtually in part or entirely as determined necessary by the hearing board chairperson.

Admission of any person to the hearing shall be at the sole discretion of the hearing board chairperson. Hearings may not be disrupted by any party. The hearing board chairperson has the authority to remove any individual who is disruptive to the hearing board process and postpone or delay any proceeding until an appropriate level of decorum is restored. Each hearing will have a sole verbatim record of the proceeding, which will be available for review or inspection by the parties.  All procedural questions are resolved by a final decision of the hearing board chairperson.

The Hearing board will determine responsibility by a majority vote by using the preponderance of the evidence standard. This means that the investigation and hearing will determine whether it is more likely than not that a violation of the Title IX (9) Policy occurred.

After the Hearing Board renders a decision, if the decision is one of no responsibility, then a written determination, consistent with the content and timeline identified below, will be simultaneously provided to the Complainant and Respondent.

Any decision of responsibility found by a majority vote of the Hearing Board will be referred to the appropriate sanctioning process. The University will initiate its applicable sanctioning process, designed to eliminate the misconduct, prevent its recurrence and remedy its effects, while supporting the University educational mission and Title IX (9) obligations. The Sanctioning Officer and appropriate disciplinary sanctions will be determined by the Respondent’s status as a student, employee, or faculty member, consistent with the Student Code of Conduct, Employee Handbook or Faculty Handbook, as applicable.

Sanctions and remedies for a finding of responsibility for prohibited Title IX (9) Sexual Harassment may range from a disciplinary reprimand to expulsion or termination of student status or employee appointment.  The sanctions also may include supportive measures.

A written determination, consistent with the content and timeline identified below, will be simultaneously provided to the complainant and respondent.

Components of the Written Determination

The written determination will be issued simultaneously to all parties through their University email account, or other reasonable means as necessary. The determination letter will include:

1. Identification of the allegations potentially constituting Title IX (9) sexual harassment;
2. Description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with the parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
3. Findings of fact supporting the determination;
4. Conclusions regarding which section of the Title IX (9) Policy, if any, the respondent has or has not violated;
5. For each allegation, a statement of, and rationale for, the result, including a determination regarding responsibility, any disciplinary sanction imposed on the Respondent, and an explanation of whether remedies designed to restore or preserve equal access to UT’s education program or activity will be provided by the University to the Complainant;
6. The recipient’s procedures and the permitted reasons for the Complainant and Respondent to appeal (described below in “Appeal”).

Timeline of the Determination and Sanction Letter

If there are no extenuating circumstances, the written determination will be communicated to the Complainant and Respondent in an official Determination and Sanction Letter sent simultaneously to all parties through their University email account, or other reasonable means of contact, if a third party, within fourteen (14) business days of the conclusion of the hearing.

The Hearing Board and sanctioning officer must also communicate the determination of responsibility and sanction to the Title IX (9) Coordinator.

The determination and sanctions will become final upon the written determination from the appeal or, if there was no appeal, the date on which the appeal is no longer timely.

The Complainant and Respondent may appeal a decision by the Title IX (9) Coordinator and/or designee to dismiss a Title IX (9) Formal Complaint or any allegation therein. The Complainant and Respondent may also appeal a determination of responsibility by the Hearing Board.

The submission of an appeal of a determination of responsibility by a hearing board stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

If a party appeals, the University will as soon as practicable notify the other party in writing of the appeal. 

Appeals are limited on the following bases:

• A procedural irregularity that affected the outcome of the matter;
• New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and
• The Title IX (9) Coordinator, investigator(s), or decision‐maker(s) had a conflict of interest or bias for or against the complainant or respondent generally, or the individual complainant or respondent that affected the outcome of the matter.

Appeals must be submitted in either electronic copy or handwritten copy to the Appellate Officer or designee contained within the Title IX (9) Coordinator Dismissal Letter or Hearing Board Outcome Letter. The appeal must be submitted within five (5) business days of the date the Title IX (9) Coordinator Dismissal Letter or Hearing Board Outcome Letter dismissal letter was submitted to the parties. The appeal must articulate which of the limited bases on which party is basing his or her appeal.

Once an appeal is received, the Appellate Officer shall notify the other party of the receipt of the appeal as soon as possible, but no longer than five (5) business days of receipt of the appeal. The other party shall have the opportunity to respond in writing in support of or in opposition to the appeal within two (2) days of receipt of the appeal from the Appellate Officer.

The appeal will be decided by a trained Appellate Officer or designee who will be free of bias or any conflict of interest.  The Appellate Officer or designee will not be the Title IX (9) Coordinator, Investigator(s), or a member of the Hearing Board.

The Appellate Officer or designee has the authority to render the following decisions:

1. Deny the appeal based on failure to meet established appeal criteria
2. Affirm the decision of the Title IX (9) Coordinator and/or designee to dismiss the complaint.
3. Reinstate the formal complaint and direct the grievance process to continue where and as appropriate.
4. Affirm the decision of the hearing board.
5. Accept the appeal and refer the case to a new hearing board for re-adjudication.

In all appeal cases, the decision of the Appellate Officer or designee is final. The decision of the Appellate Officer or designee will be in writing, describing the result of the appeal and the rationale for the result. Parties will be notified simultaneously of the decision of the Appellate Officer or designee in writing within ten (10) business days after receipt of the appeal.

Below is a list of the resource materials utilized to train The University of Tampa Title IX (9) Team.

Student Conduct Institute

Bricker & Graydon, Attorneys at Law

• Advisor Training
• Appeals Officer Training
• Coordinator Training (Level 2)
• Coordinator Training (Level 3)
• Decision-Maker Training (Level 2)
• Decision-Maker Training (Level 3)
• Intro and Clery Annual Training
• Investigator Training (Level 2)
• Investigator Training (Level 3)
• Trauma-Informed Intake Meetings

The University of Tampa Trainings

• Title IX (9) Training
• Title IX (9) Team Training Spring 2024