Reporting Prohibited Conduct - for Employees (Plain Text)

This infographic includes the title “Prohibited Conduct Reporting Flowchart” with a description reading “For all cases of sexual misconduct, including sexual misconduct that falls within thre UVA Sexual Misconduct Policy, handled by the UVA Title IX Office (UVATIX) along with the Rotunda logo at the top. Then, there is a key for the various colors on the flowchart. Blue represents Filing a Report, green is Intake & Assessment, yellow is Investigation period, Red is Adjudication Period, Purple is Appeal, and black is Resolution/ to a Different Procedure. Beside the actual flowchart are two starred notices. The first says “Supportive Measures are available all times to reported victims, whether or not they go forward with an investigation. These measures are also available at all times during the response process for Complainants and Respondents.” The second says “In response to a report or a Formal Conplaint of sexual misconduct, UVA can act to remove a Respondent entirely or partially from their education program or activities–on an emergency basis– when an individualized safety and risk analysis has determined that an immediate threat to the physical health or safety of any student or other individual justifies removal. In the event of such emergency removal, the Respondent will be given notice and an opportunity to appeal this decision immediately following the removal (more info here for Grievance Process, and here for Misconduct Procedures). Faculty appeals are handled by the Provost, while other employee appellate officers are determined by the Vice President who heads their employment division, see page 37 of the Grievance Process for details.”

The flowchart begins in blue, with a box that says “Report made online via Just Report It or in-person." The next step is that “UVATIX reaches out to the reported victim to reiterate the option for Supportive Measures and then explain the University response processes: informal alternative dispute resolution or the formal investigation process.” From this step, there are two options. The first is in blue (Filing a Report) and says “The Complainant declines to file a Formal Complaint” and the second is in green (Intake & Assessment) and says “The Complainant files a Formal Complaint.” 

From the first option, there is one arrow pointing to a green box that says “UVATIX evaluates whether this is one of the rare circumstances where the incident is so severe that it requires the University to move forward, administratively filing a Formal Complaint.” This box then has two arrows, one pointing to a black box (Resolution/ to a Different Procedure) that says “If not, case closed. Supportive Measures are continued.” The other arrow points to another green box that reads “UVATIX files a Formal Complaint.”

Going back to the two arrows from the box about UVATIX reaching out to the reported victim, the other option is that “The Complainant files a Formal Complaint.’ This green box has an arrow to another green box that says “UVATIX conducts an initial assessment.” From this box there are three possible outcomes. The first, going to a black box (indicating Resolution/ moving to a Different Procedure) says “If the Complainant alleges conduct that falls under the Federal Title IX definition, the complaint moves to Federal Title IX procedures.” The second arrow points to another black box. This one reads “If the alleged behavior, taken as true, would not violate the Sexual Misconduct Policy, the case is closed. Note: As a part of this initial assessment, UVATIX might reach out to the Complainant in an effort to gather a more complete understanding of the allegations.” The third and final arrow points to a green box, indicating that this step is still part of the Intake & Assessment process. This box says “If UVATIX determines that the alleged conduct implicates the Sexual Misconduct Policy, the case moves to an investigation.” This, along with the box from the last option if the Complainant declines not filing a report, where UVATIX overrides their decision and files due to the severity of the incident, points to a yellow box. 

This first yellow box, which is colored to show that is a step in the Investigation Period, says “Investigators are assigned. Notice of Investigation (NOI) letters are sent to the Complainant and Respondent simultaneously. Note: It takes at least a week between the filing of a Formal Complaint and the issuance of the NOI.” There is a dashed line coming off from this box to a note that reads “Employee Relations available to Respondent to connect them to FEAP.”, showing that this step happens simultaneously. There is also another starred notice here that says “A report may be made to law enforcement at any time during this process, even if a University investigation is ongoing.” The first yellow box has an arrow to another yellow box, which says “The parties and witnesses are interviewed. Evidence is gathered.” This box also has a dashed line pointing to a small sentence that says “Participation of parties and witnesses is voluntary.”

After evidence is gathered, there is an arrow to a yellow box that says “Follow-up interviews occur.” Then, there is an arrow to another yellow box saying “Draft Investigation Report (DIR) is shared with the Complainant and Respondent, along with all directly related evidence. The Complainant and Respondent can provide comments, edits, additional information, and/or requests for additional interviews.” This box has two arrows coming off of it, the first one points to a yellow box that reads “If needed based on the parties' comments to the DIR, the Investigator will conduct additional interviews and evidence collection.” And then this box, as well as the original yellow box about the DIR, both point to another yellow box that says “The Investigator finalizes the Investigation Report, after consideration of feedback from all parties. This includes a recommendation on finding(s) of responsibility.” Then, there is an arrow to the final yellow box, showing the last step in the Investigation Process, that says: “The Final Investigative Report (FIR) is sent to all parties. The parties have ten days to produce a written response to the FIR.”

This last yellow box points to a red box, representing the first step in the Adjudication Period. This red box reads: “A live hearing, chaired by a single decision maker–the Hearing Chair–is scheduled for at least ten days following the issuance of the FIR.” There is an arrow pointing from this box to another red box, and that next box says “Live Hearing occurs. Participation of parties and witnesses in the hearing is voluntary. Both parties must have an advisor; if they do not have an advisor, the university will appoint one at no cost to the party.” Another arrow connects this box to the next step, written in another red box. This box says “The Hearing Chair deliberates and prepares a Written Outcome that determines responsibility and, if there is a finding of responsibility, the appropriate sanctions.” and then the next step is “The Written Outcome is sent from the Hearing Chair to the parties.” This last red box has two possible outcomes.

The arrow points to a black box, showing that it is a Resolution/ to a Different Procedure step, which says “Parties accept Finding(s) and Sanctions.” The second arrow points to a purple box, representing an appeal, and this box says “Either or both parties can appeal. For students, the Appeal Officer is the Vice President for Student Affairs or their designee. The appeal process is done entirely through written submissions to the Appeals Officer. Faculty appeals are handled by the Provost, while other employee appellate officers are determined by the Vice President who heads their employment division, see page 37 of the Grievance Process for details.” The appeal box then has two possible outcomes. The first, written in a black box, says “The Appeal Office modifies or overrules the Finding(s) and Sanctions (more info here for Grievance Process, and here for Misconduct Procedures). The second option, also in a black box, says “The Hearing Chair's Finding(s) and Sanctions are affirmed.” That is the end of the flowchart.