Investigation FAQs

What will the Title IX Sexual Misconduct process look like?

A Formal Complaint will be made to the Title IX Office which will then reach out to the Complainant and Respondent to explain the steps going forward. These steps will include: choosing or being assigned an Advisor, an Investigation process in which evidence will be collected from both parties, a presentation of a Draft Investigation Report, followed by the Final Investigation Report (FIR). Once these have been presented, the Hearing will occur. In the Misconduct Procedures, the parties can address the Decision Maker directly and cross-examinations can take place; in the Grievance Process, the questions will be submitted to the Decision Maker ahead of time. These questions will be presented by the Decision Maker rather than through cross examination. Once the Hearing is over, a decision will be made about sanctions and remedies for the case, and the option for Appeal will be presented. If no Appeal takes place, then the sanctions/remedies go into effect. If an Appeal is selected then the Appeal process takes place, and from there, sanctions/remedies are finalized.

What is a Grievance Process?

A Formal Complaint will be made to the Title IX Office which will then reach out to the Complainant and Respondent to explain the steps going forward. These steps will include: choosing or being assigned an Advisor, an Investigation process in which evidence will be collected from both parties, a presentation of a Draft Investigation Report, followed by the Final Investigation Report (FIR). Once these have been presented, the Hearing will occur. In the Misconduct Procedures, the parties can address the Decision Maker directly and cross-examinations can take place; in the Grievance Process, the questions will be submitted to the Decision Maker ahead of time. These questions will be presented by the Decision Maker rather than through cross examination. Once the Hearing is over, a decision will be made about sanctions and remedies for the case, and the option for Appeal will be presented. If no Appeal takes place, then the sanctions/remedies go into effect. If an Appeal is selected then the Appeal process takes place, and from there, sanctions/remedies are finalized.

What does each identifier mean?

Complainant

The person who reports the Misconduct.

Respondent

The person being accused of Misconduct.

Advisor

The individual selected to represent and guide the party members.

Investigator

The person who will investigate all witnesses and evidence provided before the Hearing.

Title IX Office

The overseer of the Investigation.

Decision Maker

Trained member of the University of Virginia community or an external professional with experience adjudicating cases who leads the Hearing and decides what sanctions and remedies are selected for each case.

What is the difference between a Report and a Formal Complaint?

A Report is any information received by the University that violates the Sexual Misconduct Policy. A Formal Complaint is a document filed in person, by mail, or by email, signed by the Complainant or Title IX Office, that alleges that a Respondent engaged in Title IX Prohibited Conduct and/or Sexual and Gender-Based Prohibited Conduct; and requests that the University investigate the matter. The Formal Complaint must include a physical or digital signature.

What is "Title IX Prohibited Conduct?"

The types listed within the policy are:

• Quid Pro Quo Harassment (Employee-Student)
• Sexual Harassment
• Sexual Assault
• Dating Violence
• Domestic Violence
• Sex-Based Stalking

Determined by where the conduct occurred in the United States and in the University's education program or activity. Additionally, the Complainant needs to be actively participating in the school sponsored event at the time the complaint is filed.

What is "Sexual and Gender-Based Prohibited Conduct?"

The types listed within the policy are:

• Quid Pro Quo Harassment
• Sexual or Gender-Based Hostile Environment Harassment
• Non-consensual Sexual Contact
• Non-consensual Sexual Intercourse
• Sexual Exploitation
• Intimate Partner Violence
• Stalking (not on the basis of sex)
• Retaliation
• Complicity

Determined when such conduct does not meet the definition of Title IX Prohibited Conduct. This conduct can occur on University property, including University-sponsored study abroad, research, online, or internship programs, but may also occur at the residence of University affiliated individuals and other off-Grounds areas that cause continuing effects/create a hostile work environment for University members.

What is the difference between "Title IX Prohibited Conduct" and "Sexual and Gender-Based Prohibited Conduct?"

Title IX Prohibited Conduct is pervasive, objectively offensive, and severe, whereas Sexual and Gender-Based Prohibited Conduct is defined as pervasive, persistent, or severe. Title IX Prohibited Conduct has to fit all three criteria, but Sexual and Gender-Based Prohibited Conduct only needs to fit one of the three criteria.

Why are there two sets of definitions and procedures, and what is the difference between Title IX Prohibited Conduct and Sexual and Gender-Based Prohibited Conduct?

The policy for Title IX has changed. Therefore, Title IX Prohibited Conduct only applies to on-Grounds areas and school sponsored activities within the United States. Sexual and Gender-Based Prohibited Conduct covers any misconduct, including those off-Grounds as well as outside of educational activities. The procedures are identical except that in Title IX cases the Advisors cross-examine the other party, but in Sexual and Gender-Based cases questions are submitted to the Decision Maker and asked by the Decision Maker at the Hearing.

Can you provide an example of the difference between Title IX sexual misconduct and sexual misconduct that is not Title IX designated?

Yes. A sexual assault that occurs during a study abroad trip would not be covered by Title IX Prohibited Conduct since it occurred out of the US, however, such an assault would be covered by the Sexual and Gender-Based Prohibited Conduct because this policy covers areas that Title IX does not.

Do I have to reveal the identity of the person who harmed me/another person?

If you would like to proceed with an Informal Investigation, then you are not required to disclose the identity of the perpetrator to anyone. If you would like to proceed with a Formal Investigation or receive a No Contact Directive (NCD), then you must disclose the identity to the Title IX Office.

Is there a deadline for when an Informal Resolution/Formal Resolution may be pursued?

There is no timeline on when a Resolution may be pursued, but the longer it takes to start an Investigation the more evidence might be lost.

What procedures and policies will be in place if the incident occurred before August 2020, but was reported after that?

The definition of what was Prohibited Conduct is concurrent with when the incident happened (e.g., the definition of sexual harassment has changed). How the process works is based on the current procedures. The Title IX Office will send an email outlining what definitions will be used in each individual case, but if you would like to see the definitions and policy prior to August 2020 click here.

Are my parents going to be notified of my Investigation?

No. It is your discretion if you would like to notify your parents of your Investigation.

Can a fourth year partake in an Investigation if they are graduating?

Yes, being a fourth year does not remove the ability to partake in an Investigation with the University.

Will I be provided with an Advisor for my Hearing or for meetings and proceedings?

You may choose an Advisor to accompany you, but if you do not have one, the University will provide one free of charge.

Who can my Advisor be?

Your Advisor can be any person of your choosing and it can be an attorney, but this is not a necessity.

Do I need an Advisor for this process?

Yes, a Hearing cannot take place if there is no Advisor present. Again, the University will provide one if the party does not have one or if their Advisor does not want to partake in cross-examination. Cross-examination is when an Advisor questions the other party’s members.

Can other forms of Sexual and Gender-Based Harassment be covered in this process?

It is on a case by case basis. If the combination Hearing does not delay the resolution of the Formal Complaint of Title IX Prohibited Conduct, then yes. If the combination Hearing would delay the resolution, then they are held separately.

Is evidence shared between law enforcement and the University if the Investigations are going on at the same time?

Information can only be shared with Law Enforcement if there is a criminal investigation already happening for that case with the party’s permission (e.g., if a participant asked the Title IX Office to share something). Other than in that case, Law Enforcement would need to issue a subpoena for information. Law enforcement can request that the University pause its Investigation in order for them to collect evidence without interference (if this were to happen the Title IX Office would notify the parties).

Will I receive support following a Formal Complaint?

Complainants will be assigned a Support Dean from the Student Safety & Support Team (SS&ST) to help during the procedure, and this Dean is assigned at the time the Formal Complaint is made. Respondents will receive their Support Dean at the Notice of Investigation.

What happens if the Respondent accepts responsibility for the Title IX Prohibited Conduct?

The Title IX Office refers the matter to the Decision Maker to either conduct a Hearing or an Informal Resolution.

What happens if the Respondent retracts their acceptance?

Formal Resolution will resume.

What is retaliation?

When a Complainant/Respondent seeks revenge or justice for the events that occurred or for the Investigation at hand.

Is retaliation allowed?

Retaliation is prohibited broadly under Title IX, but is prohibited specifically under Sexual and Gender-Based Prohibited Conduct.

What should I do if I believe I am being retaliated against?

We encourage you to contact the Title IX Office if you believe you are experiencing retaliation. Contact the Title IX Office at (434) 297-7988 or [email protected].

Dismissal of the Grievance Process and a Title IX Prohibited Conduct Case

Dismissal of the Grievance Process would occur if the conduct does not meet the definition of Title IX Prohibited Conduct.

The University MUST dismiss a Formal Complaint of Title IX Prohibited Conduct from the Grievance Process when the alleged conduct, if proved:

• Would not constitute Title IX Prohibited Conduct as defined by the Sexual Misconduct Policy;
• Did not occur in the University's education program or activity;
• Did not occur against a person in the United States; OR
• The Complainant was not participating in or attempting to participate in a University education program or activity at the time the Formal Complaint was filed.

For example:

If the UVA debate team goes to UNC for a tournament and Prohibited Conduct occurs at the tournament, that would fall within Title IX. However, if Prohibited Conduct occurs at a party that UNC hosts afterward, that would not fall within Title IX.

The University MAY dismiss a Formal Complaint of Title IX Prohibited conduct, or any allegations therein, from the Grievance Process if at any time in the Formal Resolution, Informal Resolution, or Hearing:

• A Complainant notifies the Title IX Office in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;
• The Respondent is no longer enrolled or employed by the University; OR
• Specific circumstances prevent the University from gathering evidence sufficient to reach a determination to the Formal Complaint or any allegations therein.

Dismissal of a Misconduct Procedures and Sexual and Gender-Based Prohibited Conduct Case

Dismissal of a Misconduct Procedure would occur if the conduct does not fall under University Jurisdiction. The University MUST dismiss a Formal Complaint, or any allegations therein, when the alleged conduct if proved would not constitute Sexual and Gender-Based Prohibited Conduct as defined by the Sexual Misconduct Policy.

The University MAY dismiss a Formal Complaint of Sexual and Gender-Based Prohibited Conduct, or any allegations therein, from the Misconduct Procedures if at any time in the Formal Resolution, Informal Resolution, or Hearing:

• A Complainant notifies the Title IX Office in writing that they would like to withdraw the Formal Complaint or any allegations therein;
• The Respondent is no longer enrolled or employed by the University; OR
• Specific circumstances prevent the University from gathering evidence sufficient to reach a determination to the Formal Complaint or any allegations therein.

What is the Effect of Dismissal?

A dismissal of Title IX Prohibited Conduct from the Grievance Process or of Sexual and Gender-Based Prohibited Conduct from the Misconduct Procedures does not prevent the University from taking action under the Misconduct Procedures, the Grievance Process, or any other applicable policies (e.g., University Standards of Conduct, Respect, etc.)

Is the Investigation unbiased?

The Investigation is a neutral procedure to ensure that all parties are listened to fully.

Do all parties and witnesses need to partake in the Formal Resolution?

No. No party or witness is required to participate, but it may make it difficult for the University to say there is sufficient evidence to declare a verdict.

How are witnesses assigned?

Complainants and Respondents assign individuals that they wish to be investigated. They will then submit these witnesses to the Investigator and the Investigation Process will take place.

What is the typical time frame of an Investigation?

In total it should take about 120 days, but this can be longer if there is reasonable cause (i.e., number of witnesses, participation of parties/witnesses, complexity of the case, language assistance, etc.)

Who will be questioned during the Investigation process?

The Complainant and Respondent, as well as anyone the Complainant and Respondent identify who may have information about the incident.

What kind of evidence can be used in the Investigation?

Electronic communication (text, voice-mail, email, social media), photographs, medical records including sexual assault forensic exams/PERK kits (with consent of applicable party).

Will prior or subsequent conduct impact the current Investigation?

If the incident in question is relevant to the current Investigation or the conduct is similar, then it can be used within the current Investigation.

Is prior sexual history used in the Investigation?

Unless it is being used to explain an injury or to understand the nature of the relationship and how affirmative consent is obtained by the two parties, then it will not be used to prove character or reputation of either party.

Is all evidence used in the Investigation?

Although not all evidence will be deemed relevant, all evidence must be shared with the Decision Maker and other parties. Any evidence from a privileged relationship (i.e., medical records) will only be shared if consent is provided by the individual which the documents pertain to.

What happens if you have evidence after the Investigation?

There is a 10 day period after the Draft Investigation Report is presented where you can provide new info, witnesses, or materials to the Investigator for inspection before conducting the Final Investigation Report (FIR).

What happens before the Final Investigation Report (FIR) is submitted?

Following the conclusion of such additional investigative steps, if any, the Investigator will prepare a Final Investigation Report (FIR), which will summarize all relevant information gathered in relation to the specific allegations under the Sexual Misconduct Policy and, where applicable, other relevant policies.

Who has final say in the verdict?

The Decision Maker is the individual who has the final say.

What is the influence of the impact and mitigation statements?

Within 10 business days of the Final Investigation Report (FIR) being transmitted, the Complainant can submit a letter explaining the impact of the Title IX Prohibited Conduct on themself and their recommendation on appropriate sanctions/remedies. Likewise, the Respondent can submit a letter expressing the factors that should mitigate or influence sanctioning by the Decision Maker.

Can the University dismiss a Formal Complaint prior to the conclusion of the Investigation?

Yes, a Formal Complaint can be dismissed if the case does not fall under University Jurisdiction.

The Grievance Process and Misconduct Procedures provide both mandatory and discretionary dismissals. The dismissal may be appealed to the Associate Vice President for Equal Opportunity and Civil Rights or designee.

For Title IX Prohibited Conduct:

Mandatory Dismissal

The University shall dismiss a Formal Complaint, or any allegations therein, from the Grievance Process at any time in the Formal Resolution, Informal Resolution, or Hearing when the alleged conduct, even if proved:

• Would not constitute Title IX Prohibited Conduct as defined in the Sexual Misconduct Policy;
• Did not occur in the University's education program or activity;
• Did not occur against a person in the United States; OR
• The Complainant was not participating in or attempting to participate in a University education program or activity at the time the Formal Complaint was filed.

Discretionary Dismissal

The University may dismiss the Formal Complaint, or any allegations therein, from the Title IX Grievance Process if at any time in the Formal Resolution, Informal Resolution, or Hearing:

• A Complainant notifies the Title IX Office in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;
• The Respondent is no longer enrolled or employed by the University; OR
• Specific Circumstances prevent the University from gathering evidence sufficient to reach a determination to the Formal Complaint or allegations therein.

"Specific Circumstances" include, but are not limited to, instances where:

• The Formal Complaint is made several years after the Title IX Prohibited Conduct allegedly occurred;
• A Complainant stops participating in the investigative process or refuses to participate in the process; OR
• A Formal Complaint contains allegations that are precisely the same and allegations the University has already investigated and adjudicated.

For Sexual and Gender-Based Prohibited Conduct:

Mandatory Dismissal

The University shall dismiss a Formal Complaint, or any allegations therein, from the Misconduct Procedures at any time in the Formal Resolution, Informal Resolution, or Hearing when the alleged conduct, even if proved, would not constitute Sexual and Gender-Based Prohibited Conduct as defined in the Sexual Misconduct Policy.

Discretionary Dismissal

The University may dismiss the Formal Complaint, or any allegations therein, from the Misconduct Procedures if at any time in the Formal Resolution, Informal Resolution, or Hearing:

• A Complainant notified the Title IX Office in writing that the Complainant would like to withdraw the Formal Complaint or any allegations therein;
• The Respondent is no longer enrolled or employed by the University; OR
• Specific Circumstances prevent the University from gathering evidence sufficient to reach a determination to the Formal Complaint or allegations therein.

"Specific Circumstances" include, but are not limited to, instances where:

• The Formal Complaint is made several years after the Sexual and Gender-Based Prohibited Conduct allegedly occurred;
• A Complainant stops participating in the investigative process or refuses to participate in the process; OR
• A Formal Complaint contains allegations that are precisely the same and allegations the University has already investigated and adjudicated.