Complainant: An individual who is alleged to be the victim of Prohibited Conduct and is participating in, or attempting to participate in UAB’s education programs or activities or is employed by UAB.

Respondent: An individual who has been reported to be the perpetrator of Prohibited Conduct.

Prohibited Conduct: Conduct that is deemed, by a preponderance of the evidence standard (a.k.a. more likely than not), to meet the definitions of Sex Discrimination, Sexual Harassment, or Sexual Violence as described in the Title IX Sexual Discrimination, Sexual Harassment, and Sexual Violence Policy.

Report of Prohibited Conduct: An allegation made verbally or in writing by any person alleging Prohibited Conduct against a Respondent. The person making a Report of Prohibited Conduct need not be the alleged victim of the Prohibited Conduct. Reports may be made anonymously.

Formal Complaint: An official document filed by a Complainant with the Title IX Coordinator or signed by the Title IX Coordinator alleging Prohibited Conduct against a Respondent and requesting that the University investigate and resolve the alleged Prohibited Conduct.

Preponderance of the Evidence Standard: The standard of proof used to investigate and adjudicate Formal Complaints of Prohibited Conduct. This standard requires that “it is more likely than not” that the Prohibited Conduct occurred.

Supportive Measures: Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or the Respondent before or after the filing of a Formal Complaint of Prohibited Conduct or where a Report has been made but no Formal Complaint has been filed.

The Title IX office investigates incidents of prohibited conduct: sexual harassment (including sexual violence, dating violence, domestic violence, and stalking), gender discrimination, and retaliation for reporting sexual harassment. Definitions of these terms can be found here.

It is important to note the difference between making an informal report and filing a formal complaint. Any person can make a Report of Prohibited Conduct. A Report of Prohibited Conduct is an allegation made verbally or in writing by any person alleging Prohibited Conduct against a Respondent. A Respondent is an individual who has been reported to be the perpetrator of Prohibited Conduct.The person making a Report of Prohibited Conduct need not be the alleged victim of the Prohibited Conduct. Reports may be made anonymously. Only a Complainant can file a Formal Complaint. A Formal Complaint is an official document filed by a Complainant with the Title IX Coordinator or signed by the Title IX Coordinator alleging Prohibited Conduct against a Respondent and requesting that the University investigate and resolve the alleged Prohibited Conduct. A complainant is an individual who is alleged to be the victim of Prohibited Conduct and is participating in, or attempting to participate in UAB’s education programs or activities or is employed by UAB.

An informal report of Prohibited Conduct is an informal allegation made verbally or in writing by any person alleging Prohibited Conduct against a Respondent. A Respondent is an individual who has been reported to be the perpetrator of Prohibited Conduct. More information can be found in the Title IX Sex Discrimination, Sexual Harassment and Sexual Violence Policy.

To make a report of Prohibited Conduct, you may click on the button above or you may contact the Title IX Coordinator or one of the Deputy Title IX Coordinators. Contact information for these individuals can be found here. The University does not limit the time frame for makinga report. Any person may make a report, including anonymously, by mail, telephone, or by email, including during non-business hours.

A Formal Complaint is an official document filed by a Complainant with the Title IX Coordinator or signed by the Title IX Coordinator alleging Prohibited Conduct against a Respondent and requesting that the University investigate and resolve the alleged Prohibited Conduct.

To file a Formal Complaint, a Complainant must be participating in, or attempting to participate in UAB’s education programs or activities or employed by UAB. Formal Complaints cannot be made anonymously except for Formal Complaints filed by the Title IX Coordinator when the Title IX Coordinator believes that with or without the Complainant’s willingness to participate in a grievance process, it would be clearly unreasonable in light of known circumstances not to address the Formal Complaint.

A Formal Complaint may be filed by following the Title IX Sex Discrimination, Sexual Harassment and Sexual Violence Policy or by contacting the Title IX Coordinator or one of the Deputy Title IX Coordinators. Contact information for these individuals can be found here. The University does not limit the time frame for making a report.

To file a Formal Complaint, a Complainant must be participating in,or attempting to participate in UAB’s education programs or activities or employed by UAB. Formal Complaints cannot be made anonymously except for Formal Complaints filed by the Title IX Coordinator when the Title IX Coordinator believes that with or without the Complainant’s willingness to participate in a grievance process, it would be clearly unreasonable in light of known circumstances not to address the Formal Complaint.

It is important to note the difference between making a report and filing a formal complaint. Anyone can make a report of prohibited conduct, but only a Complainant can file a Formal Complaint.

When a report of Prohibited Conduct is made, a member of the Title IX office will attempt to contact theComplainant in a reasonable amount of time for a preliminary discussion of the availability of supportive measures, consider the Complainant’s wishes with respect to supportive measures, inform the Complainant of the availability of supportive measures with or without the filing of a Formal Complaint, and explain the process of filing a Formal Complaint.

When a Formal Complaint is filed, the Title IX Coordinator will conduct an initial assessment to determine whether the alleged conduct could present a potential violation of the Title IX Policy and whether further action is warranted based on the alleged conduct, including whether the Formal Complaint must be or may be dismissed.

If the Formal Complaint is not dismissed, the resolution process begins. Incidents may be resolved through Informal Voluntary Resolution or through a Formal Investigation and Hearing process, depending on specifics of the incident and the wishes of both the Complainant and the Respondent.

Further information can be found in the three Procedures for Resolution.

Retaliation

Retaliation is any action that has the effect of punishing a person for engaging in a legally protected activity, such as alleging Prohibited Conduct, harassment, or illegal discrimination, filing a Formal Complaint, assisting or participating in an investigation, proceeding or hearing of such a Formal Complaint, refusing to participate in any manner in an investigation, proceeding or hearing under the Title IX Sex Discrimination, Sexual Harassment and Sexual Violence Policy or advocating for others’ Title IX rights. Examples of retaliatory actions include suspension, demotion, or termination in the employment context; lowering a grade or dismissing a student from a program; or maliciously and purposefully interfering with, threatening, or damaging the academic or professional career of another individual before, during, or after the investigation and resolution of a Report or Formal Complaint of Prohibited Conduct. The Policy prohibits retaliation in the form of harassment, intimidation, threats, or coercion, or in the form of any materially adverse harm that would dissuade a reasonable student, employee, or third party from filing a complaint or participating in a Prohibited Conduct related investigation or hearing.

Privacy

The University is committed to protecting the privacy of all individuals involved in the investigation and resolution of a Report of Prohibited Conduct under the Sex Discrimination, Sexual Harassment and Sexual Violence Policy. With respect to any Report of Prohibited Conduct, under the Policy, the University will make reasonable efforts to protect the privacy of participants, in accordance with applicable state and federal law, while balancing the need to gather information to assess the Report and take steps to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects. To protect individual privacy, the University will only share information related to a Report of Prohibited Conduct with alimited circle of University employees who “need to know” to assist in the assessment, investigation, and resolution of the Report, as well as the implementation of supportive measures. The privacy of student education records will be protected in accordance with the Family Educational and Privacy Act (FERPA), as outlined in the University’s FERPA Policy. The privacy of an individual’s medical and related records generally is protected by the Health Insurance Portability and Accountability Act (HIPAA), excepted health records protected by FERPA.

Confidentiality

Confidentiality exists in the context of laws that protect certain relationships, including those with medical and clinical care providers (and those who provide administrative services related to the provision of medical and clinical care), mental health providers, counselors, and ordained clergy, all of whom may engage in confidential communications under Alabama law. The University has designated individuals who have the ability to have privilegedcommunications as “Confidential Employees”. When information is hard by an individual with a Confidential Employee or a community professional with the same legal protections, the Confidential Employee (and/or such community professional) cannot reveal the information to any third party except when an applicable law or a court order requires or permits disclosure of such information. For example, information may be disclosed when: (1) the individual gives written consent for its disclosure; (2) there is a concern that the individual will likely cause serious physical harm to self or to others; (3) the information concerns conduct involving suspected abuse or neglect of a minor under the age of 18.

Amnesty

A student who is under the influence of alcohol or drugs at the time of an incident should not be reluctant to seek assistance for that reason. The University will no pursue disciplinary violations against a student or against a witness for their improper use of alcohol or drugs (e.g., underage drinking) if the student is making a good faith Report of Prohibited Conduct or participating in an investigation of Prohibited Conduct. The Title IX Coordinator (or designee) may, however, refer the student to substance abuse counseling depending on the circumstances of the individual situation. Thus, for purposes of the Policy, students who report potential Prohibited Conduct or participate in an investigation of Prohibited and reveal a potential violation of UAB policy relating to drug or alcohol use may not be sanctioned for such drug or alcohol violations.

All Responsible Reporting Officials are required to notify the Title IX Coordinator if, in the course of their employment, they receive a Report of Prohibited Conduct. The Responsible Reporting Official must report all relevant available details about the alleged policy violation, including the name of the Complainant, the Respondent any witnesses, and any other relevant facts, including the date, time, and specific location of the incident forming the basis of the alleged violation. Responsible Reporting Officials include the following:

• Division of Student Affairs
  • Vice President, Assistant Vice Presidents, and Directors (Directors of Student Health Services and Counseling Services are excluded from reporting as they are confidential employees).
  • Housing and Residential life (Residence Life Coordinators ONLY)
• UAB Police and Public Safety Department
• UAB Human Resources
• Office of Diversity, Equity and Inclusion
• Department of Athletics (Director of Athletics, Senior Associate Athletic Directors, Head Coaches, and Assistant/Associate Coaches ONLY)
• Deans, Assistant Deans, Department Chairs, Vice-Chairs, and Division Directors
• Director of Graduate Medical Education

Confidential persons and/or employees may not report any information about an incident to the Title IX Coordinator without obtaining written permission to do so by the person who disclosed the information. These include: (1) any University employee who is a licensed medical, clinical, or mental health professional (e.g., physicians, nurses, physician’s assistants, psychologists, psychiatrists, professional counselors, and social workers, and those performing services under their supervision), when acting in that professional role in the provision of services to a patient (“health care provider”), and (2) any University employee providing administrative, operational, and/or related support to such health care providers in the performance of such services. Confidential employees may have reporting obligations under state or federal law. For example, healthcare providers are required to notify law enforcement when a victim seeks treatment for injuries related to a violent crime, including sexual assault. Similarly, all University employees are required to notify law enforcement when they receive a report of sexual abuse of a minor.

There may be times when you do not feel comfortable reporting your concern to an individual or unit internally or feel that doing so has been unsuccessful in resolving the issue. In these instances, you should not feel restricted to reporting through the traditional management channels. You may call the UAB Ethics Hotline toll-free or submit a report, you may remain anonymous, although providing contact information helps to facilitate an investigation.

The hotline is staffed 24 hours a day, seven days a week, by trained professionals who take calls and ensure reports are made to appropriate university personnel for follow-up. The hotline is designed for use by all members of the UAB community – the University of Alabama at Birmingham, UAB Health System, University of Alabama Health Services Foundation (HSF), and other UAB affiliates. The hotline is administered by Navex, a third-party organization.

If you choose to report concerns through the UAB Ethics Hotline, you should be prepared to answer specific questions regarding the time and location of the incident or circumstances, who was involved, if there were any witnesses or others with information, and any detail or support that would be helpful in conducting a review to arrive at a determination. To maintain your anonymity, you will be assigned a report number which you will need when you call back to add information or check the status of your report at a later date. FOR ANONYMOUS REPORTS, IT IS VERY IMPORTANT TO MAKE THE FOLLOW-UP CALL IN CASE OTHER INFORMATION IS NEEDED FOR CLARIFICATION.

To file a police report, you may contact the law enforcement agency dependent on where the incident occurred.

Reporting Channels for Violation of UAB’s Protection of Children Policy

Under Alabama law, all University employees have a mandatory legal duty to immediately report known or suspected child abuse or neglect of any person under the age of 18 to the appropriate authorities, which at the University is the University of Alabama at Birmingham’s Police Department at 205-934-4434. Failure to report is a criminal offense. Students are encouraged to report.

Reporting Channels for UAB’s Hazing Policy for Student Organizations.

The University does not condone hazing, regardless of its form. Indeed, hazing is prohibited by the University's Non-Academic Code of Student Conduct and considered a crime in the State of Alabama under Alabama code 16-1-23. No individual shall directly engage in hazing or indirectly encourage, aid, or assist any other person in hazing. All students and other University representatives, including employees, should immediately report known or suspected hazing violations as directed herein.

To report hazing, provide specific information about the hazing incident to any of the following:

• The Office of Student Conduct 205-996-1512, This email address is being protected from spambots. You need JavaScript enabled to view it.
• The Office of Student Experience 205-934-4175
• The Office of Student Involvement & Leadership 205-934-8020
• UAB Police 205-934-3535 (emergencies) or 205-934-4434 (non-emergencies)