Information for Respondents
The University of Alabama’s Office of Equal Opportunity and Title IX Programs is responsible for coordinating the University’s implementation of Title IX, which prohibits sex-based harassment in University education programs and activities, and addressing reports of Prohibited Conduct, as defined in the Title IX & Sexual Misconduct Policy, occurring within the University’s jurisdiction.
A Complainant is an individual who is alleged to be the victim of Prohibited Conduct in violation of the Title IX & Sexual Misconduct Policy, while a Respondent is an individual alleged to have engaged in Prohibited Conduct.
If you are a Respondent, you are entitled to University supportive measures during the pendency of any grievance procedures and have certain rights as part of the process.
Notice of the Allegations & Right to Respond
Initiation of Grievance Procedures
Sanctions & Emergency Removals
Notice of the Allegations & Right to Respond
If you have been formally accused of Prohibited Conduct, you will receive an official letter from our Office, usually through your Crimson email address. The letter will include notice of the allegations made against you, as well as your rights as a Respondent. You will also receive an invitation for a pre-scheduled meeting with an investigator. The investigator will consult your academic schedule and select a mutually agreeable meeting time. If you need to reschedule your initial meeting, you can do so by contacting your assigned investigator.
The meeting with the investigator is your chance to respond to the allegations and provide evidence relevant to the allegations. You do not have to provide a statement or evidence in response to the allegations, and your refusal to provide a statement or evidence is not considered an admission of responsibility. However, the investigation will continue, and a decision will be made based on the available evidence gathered during the investigation.
Supportive Measures
If you have been accused of Prohibited Conduct, you are entitled to University supportive measures related to the report while any grievance procedures are pending. Supportive measures can include but are not limited to academic advocacy, safety planning, and referrals to counseling. You can review our Supportive Measures website for more information about University resources that are available to you.
The University has confidential counseling options available to you, including the Counseling Center, that can assist you as you navigate the process.
Initiation of Grievance Procedures
Once a Formal Complaint is signed by the Complainant or by the Title IX Coordinator, our Office will provide notice of the allegations in the Formal Complaint to you and the Complainant. We will also provide both parties with notice of the University’s grievance procedures applicable to the Formal Complaint. The applicability of the specific grievance procedures depends on the status of the Respondent and type of Prohibited Conduct alleged.
For student parties, once the parties have been notified of the allegations, our Office will begin investigating the allegations. This includes collecting evidence, such as documentary evidence and video, and interviewing available witnesses with information relevant to the allegations. Once reasonable efforts have been made to collect available inculpatory and exculpatory evidence, UA student parties will have the ability to review and respond to the evidence directly related to the allegations through the Pre-Finding Evidence Summary review process. The Pre-Finding Evidence Summary is a summary of the information directly related to the allegations collected by the investigator and will be sent electronically to you for a review period of 10 days.
Following the UA student parties’ review of the Pre-Finding Evidence Summary, the case will continue pursuant to the applicable grievance procedures.
- If Procedure 1 applies, and the Respondent is a UA student, this means that the case will be referred to a live formal hearing before a Decision-Maker. Both parties have an equitable right to appeal the Decision-Maker’s Written Hearing Determination issued following the formal hearing.
- If Procedure 2 applies, and the Respondent is a UA student, this means that the Title IX Coordinator will issue a Finding Report. Both parties have an equitable right to appeal the Finding Report.
At any point during the investigation or formal process, prior to the issuance of a written determination, the parties may choose to resolve the Formal Complaint through Alternative Dispute Resolution (“ADR”).
Both parties are entitled to an advisor during the grievance process. For more information about advisors, please visit our resources webpage.
For employee parties, complaints will be most often be resolved pursuant to the procedures outlined in more detail in the Harassment Policy.
Sanctions and Emergency Removals
All Respondents are presumed not responsible for allegations of Prohibited Conduct unless proven otherwise pursuant to the Policy. However, if you are found responsible for allegations of Prohibited Conduct following an investigation, disciplinary sanctions will be imposed. A range of sanctions can be found in the Policy, up to and including suspension/expulsion and termination from the University.
Additionally, interim actions may be taken to limit a Respondent’s access to campus during an investigation in the interest of individual or campus safety. These interim actions are called Emergency Removals and are implemented prior to any finding of responsibility. Emergency Removals can be implemented after an individualized safety and risk analysis determines that an immediate threat to the health or safety of any student or other individual arising from the allegations of Prohibited Conduct justifies removal. Emergency Removals may also be imposed even if a Formal Complaint has not been filed. Emergency removals may include a student Respondent’s full or limited removal from campus education programs or activities and/or restrictions on access to campus.
If you receive an Emergency Removal, you can request a review of the Emergency Removal decision, which will be held at a designated time and place before a separate Decision-Maker.
No Contact Orders
If you have received a No Contact Order from our Office, this does not mean that you have been formally accused of Prohibited Conduct through a Formal Complaint. Mutual No Contact Orders are done as a supportive measure and are not considered punitive. A Formal Complaint does not have to be filed in order for our Office to issue a Mutual No Contact Order.
Mutual No Contact Orders apply equally to both parties as a directive to have no contact, whether directly or indirectly, with each other.
No Contact Orders prohibit contact through phone calls, emails, text messages, interaction through social media, in-person encounters, and communication through third parties. Having another individual contact the person named in the No Contact Order also can be a violation of the order. Students who receive No Contact Orders from the University must comply with the instructions in the order to avoid further action.
You would receive a separate notice of the allegations against you if there is a Formal Complaint filed against you.
Reports to Law Enforcement
You may also be the subject of criminal charges for Prohibited Conduct reported to our Office. The criminal process is separate from our Office’s disciplinary processes, and the two processes can proceed simultaneously. A finding of guilt pursuant to a criminal process can subject you to applicable criminal penalties, including jail, whereas a finding of responsibility pursuant to our Office’s processes can subject you to disciplinary sanctions, up to and including suspension and expulsion from the University.
If a Complainant makes a criminal report to the University of Alabama Police Department, our Office will be notified as well. It is typically up to the Complainant to decide whether to pursue criminal charges, a Formal Complaint with our Office, or both. You can find more information about reports to law enforcement at this link.