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Title IX
Frequently Asked Questions

Frequently Asked Questions

These frequently asked questions are here to address common concerns individuals have when interacting with the Office of Title IX. While they are here for informational purposes, please refer to the Sexual Misconduct Policy and Sexual Misconduct Adjudication Process, available on the front page of our website, for the most up-to-date information on UIW policy and procedures.

1. What is Title IX? Open

"No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Title IX ensures equal opportunities for all students, regardless of sex or gender, in areas such as academics, athletics, admissions, and extracurricular activities. At UIW, the Office of Title IX is committed to establishing a safe and supportive work, educational, and living environment for all members of the University of the Incarnate Word community, free from discrimination on the basis of sex, by providing education, resources, support services, and adjudication related to Title IX policies, laws, and regulations.

2. What is a Complainant? Open

A Complainant is the individual who alleges that they have experienced discrimination on the basis of sex, including but not limited to unequal treatment in education or athletics, sexual harassment, and other forms of sexual misconduct. The Complainant is the person who is filing a "complaint" of misconduct.

3. What is a Respondent? Open

A Respondent is the individual who is accused of acting in a discriminatory manner on the basis of sex, including but not limited to unequal treatment in education or athletics, sexual harassment, and other forms of sexual misconduct. The Respondent is the person who must "respond" to the complaint filed by the complainant.

4. Do I need to report an incident? Open

All employees, including part-time employees, of the University of the Incarnate Word are “Mandatory Reporters” as set out in Texas State Law and are “Responsible Employees” as set out in Title IX of the Education Amendments of 1972. As such, all employees are required to promptly report allegations of sexual misconduct that the employee witnesses or receives information about to the Title IX Coordinator. Employees are required to report the allegations of sexual misconduct online via the Maxient system.

While students and other individuals are not required to file reports with the Office of Title IX, we strongly encourage everyone to report any sex discrimination or sexual misconduct they experience or witness.

5. What happens when I put in a report? Will anyone know I put in a report? Open

Reports filed through UIW's online reporting system, Maxient, are received and reviewed by the full-time employees that work in the Office of Title IX. No University personnel outside of the Office of Title IX receive these reports. The Office of Title IX will never share the name of the individual who filed a Title IX report. Once the report is reviewed, the Office of Title IX will reach out to the Complainant, Respondent, and/or witnesses, as appropriate.

6. What if the person that shared information with me has requested confidentiality? Open

Employees are required to report all incidents of sexual misconduct, even if the person concerned about or affected by the misconduct is unsure about pursuing a complaint. Employees must provide all known details of the situation, including names, dates, times, locations and facts, and are not permitted to withhold information from the Office of Title IX.

Reports will be reviewed by the Director of Title IX, who will assess the report and consult with the Complainant. The Office of Title IX can and does provide confidentiality to the Complainant once the report is filed, and will discuss options for addressing the behavior with the Complainant.

7. If an incident occurred off campus, or I do not know the Respondent, can I still report to the Office of Title IX? Open

Yes, a report can always be filed with the Office of Title IX. While our office may be occasionally limited based on the details of each situation, the Office of Title IX can still provide on- and off-campus resources and additional support to the Complainant. While the Office of Title IX may not be able to conduct an investigation for every report received, we strongly encourage individuals to report any sex discrimination or sexual misconduct they experience or witness.

8. Who do I meet now that I have been contacted by the Office of Title IX? Open

In the communication you receive from the Office of Title IX, you will be directed who you will need to meet with and when that meeting needs to occur. In most cases, this will be the Title IX Investigator, but please make sure to review all communication from the Office of Title IX carefully. If you would like to meet with the Director of Title IX or someone else, please email or call us with that request.

9. Do I have to set up a meeting if I just want/need to talk to someone? Open

While scheduling a meeting in advance is the best way to ensure that our staff is in the office and can speak with you, walk-ins are always welcome. On the rare occasion that there is no one in the office, we will have signage on our office door indicating when we will return. Our office is open Monday-Friday, 8 AM-5 PM in the Administration Building, Room 62.

10. Do I have to work with law enforcement if I have a complaint with the Office of Title IX? Open

No. While much of the behavior that falls under Title IX is also a potential violation of criminal statutes, you are not required to contact or engage with law enforcement if you do not wish to do so. The Office of Title IX will not file a report with law enforcement unless required to by state or Federal law or regulations. If you would like to connect with law enforcement about your complaint, the Office of Title IX can help you get connected with the appropriate agency.

11. Who receives supportive measures from Title IX? Open

All parties involved in a report with the Office of Title IX are able to receive supportive measures, with or without an investigation occurring. Supportive measures are non-punitive actions intended to provide equal opportunity to educational programs and activities and/or address a hostile environment on campus.

12. Can I bring someone with me to my Title IX meeting? Open

Yes, you can. We permit Complainants and Respondents to bring a support person to all meetings with the Office of Title IX. A support person is someone whom the individual trusts to provide advice and support during the process. A support person can be any person the student feels comfortable confiding in and need not be affiliated with the University of the Incarnate Word (e.g., a friend, a family member, a person from a support or advocacy agency, attorney, etc.). The support person may not participate in the process in any way and, as such, cannot be a witness to the allegations in the complaint. If you wish to bring a support person with you to a meeting, please reach out to our office at least twenty-four (24) hours prior to your meeting.

13. Do I need an attorney? Open

You are not required to retain an attorney, but if a case results in a Title IX investigation, both parties are entitled to have an advisor of their choosing with them throughout the Title IX process. This advisor may or may not be a legal advisor (i.e. an attorney). Should a party not be able to find an advisor, the Office of Title IX shall provide one without fee or charge, but said advisor is not required to be an attorney. The Office of Title IX does not encourage or discourage any party involved in a Title IX complaint from soliciting legal advice.

14. What is the role of an advisor? Open

An advisor helps parties to navigate the investigation process. This includes conducting questioning and cross-examination during a hearing, preparing opening and closing remarks, and giving advice to that party regarding the proceedings of a Title IX investigation, hearing, and appeals processes.

15. What if I experience retaliation because I did something with your office? Open

Retaliation against anyone who in good faith reports an incident to the Office of Title IX or who participates in any process with our office in any manner is strictly prohibited. Retaliation includes things such as hostility, intimidation, threats, or in any way discriminating against an individual because of the individual’s complaint or participation with the Office of Title IX. Anyone responsible for retaliation or threats of retaliation, whether that person is the Respondent or another person, will be subject to disciplinary action by University of the Incarnate Word. Any retaliation should be reported promptly to the Director of Title IX. Retaliation by a person not affiliated with University of the Incarnate Word may be addressed by law enforcement.