Frequently Asked Questions

Questions and Answers that may be harder to located in other resources, collaborated on with the UW Title IX Coordinator’s Office

How long can the formal reporting process take?

How long a process takes depends, in part, on what policy(ies) the investigation must follow. The University of Washington has its own policies and process, and the UW must also follow the 2020 federal Title IX regulations process when the allegations fall within specific definitions. The length of time an investigation takes depends on the number, type, and complexity of allegations, the number of witnesses who need to be interviewed, the volume and type of documents to be reviewed, the academic calendar (i.e. interviews rarely occur during finals and may not occur during breaks between quarters), and whether either party needs extensions or time to locate evidence or work with advisors. The Office of the Title IX Coordinator plans to publish an annual report that will provide some data about the length of the formal complaint process.

What reporting options does the university/ authorities have?

A report of an incident is different from a formal complaint, as a formal complaint includes a request for an investigation through the Title IX Investigation Office if the alleged respondent is a student or through the University Complaint Investigation and Resolution Office if the alleged respondent is an employee. For a more detailed description of the differences, look to the Title IX “Know Your Rights and Resources” guide. A criminal report through the authorities (the police) is a completely separate process and follows the legal reporting process for the crime.

What can the outcomes be of a formal complaint process?

If you make a complaint there can be several different outcomes that determine the responsibility of the respondent. These include not responsible or responsible. If a respondent is found responsible, the University will imposesanctions. Sanctions can vary from dismissal to formal reprimand. For more specifics on types of sanctions look to the UW student code of conduct:

https://www.washington.edu/studentconduct/conduct-code-and-policy/

Despite the outcome for the respondent, there are ongoing resources provided for survivors as well, often coordinated by confidential advocates such as ongoing academic modifications.

What is retaliation and how can it impact the process?

Retaliation includes taking an action against someone who made a formal complaint or is participating in an investigation (as a party or witness) where the action or attempted action is intended to harass, intimidate, threaten, harm, or influence the complainant/reporting party or witness. If you’ve made a formal complaint or are a witness to an investigation and you think someone may be retaliating against you, it is best to contact the investigator. The investigator may inform others at the University who can seek to address the retaliatory behavior and may want to charge someone with retaliation in a separate conduct proceeding.

What is the standard of confidentiality through Title IX?

There is a big difference between privacy and confidentiality. Advocates are the only players in the formal process that are bound to total confidentiality. They cannot share information that they learn unless explicitly given permission to do so or specific exceptions apply. These exceptions include circumstances where someone is suggesting that they may attempt suicide or harm another person; another exception may occur if a court orders that specific information be provided in the context of a lawsuit.

During an investigation, investigators operate on the basis of privacy and not confidentiality because if they learn information from one party, the investigator will likely need to inquire from the other party or witnesses about that topic to conduct a full investigation. Investigators make every effort to share information they learn with more people than is necessary.

University staff members involved in an investigation (such as the Title IX Coordinator, the investigator, the Hearing Officer, Hearing Coordinator, respondent resource, and any advisors who are staff)can’t share information with other staff members unless there is a business reason such information may relevant. This is due to restrictions through the Family Educational Rights and Privacy Act (FERPA):

https://registrar.washington.edu/students/ferpa/].

During the formal reporting process, students are not bound to any confidentiality or privacy restrictions or laws as they may need to speak with others, including their friends, to receive support. Further, free speech rights prevent UW staff from being able to prevent students from speaking about their experiences and/or the impacts of their experiences. All UW students participating in an investigation are, however, asked not to share information.

Can you get assistance with classes during the reporting process?

Yes, this is coordinated by the confidential advocates. However, it is important to note that while academic modifications are not guaranteed, advocates will often include the Office of the Title IX Coordinator if advocates find a professor(s) isn’t agreeing to a reasonable request. Including the Title IX Coordinator or deputy coordinator can help professors understand their responsibilities in helping students who have experienced sexual harassment or sexual violence continue to attend class.

Can you get help from the University in avoiding your respondent on campus during reporting process?

There are many options to help a complainant avoid a respondent during the reporting process. Regardless of whether you make a formal complaint about an incident or not, you can always ask to move dorms, and if you choose to make a formal complaint, you can ask via your advocate for your respondent to be moved if their dorm is close to yours.

In addition, no contact directives can be put in place during the formal complaint process and no communication directives can be put into place if there won’t be an investigation. These directives prohibit parties from communicating with each other, but unlike a court-ordered civil protection order, the University cannot put geographic restrictions on a party (such as telling a respondent they can’t be within a certain number of feet of a complainant).

Through confidential advocates, you can ask for a court-ordered civil protection order, which is different from a University no-contact directive. Civil protection orders may, based on what a court officer (judge or court commissioner) decides, impose geographical restrictions.

If you are in the same class as the other party during an investigation, you (the complainant) can ask to withdraw or switch sections. Advocates can also workwith professors to provide additional distance between you and a respondent in classes. For instance, an advocate may ask a professor to not put you and the respondentin the same group for a group project or arrange to have you or the respondent sit in the front of the classroom and the other sit in the back. These options also look different in an online environment and can be discussed through confidential advocates. Respondents cannot be removed from a class before they are found responsible after a formal complaint was made and conduct proceeding occurred.

How do the Devos and the Trump Administration’s rules change the process? Will they change back?

There are some major changes that have occurred to Title IX due to the Trump Administration. These changes include that both parties have access to information in the report before it is finalized. These changes also dictate that if a process falls under the federal Title IX rules a hearing must occur(see below for when an incident falls under the federal rules). Other changes include verbal cross-examinations of parties and witnesses by the parties’ advisors and a general elongation of the formal process.

The Department of Education under the Biden administration is planning to publish another Notice of Proposed Rulemaking (the first step necessary to change the Federal Title IX regulations) in May 2022. Following this Notice of Proposed Rulemaking, interested parties may submit comments, and the Department of Education must respond to all comments when it issues a final rule.

The investigation and hearing process at UW is also elongated because Washington State is one of few states that follows its Administrative Procedure Act which often makes each step of the process take longer to complete. And as a state institution, the UW has to follow this law.

If an assault happens on–campus/ off–campus how does the process change?

If an assault happens off-campus in a privately leased apartment/house, university policy applies; the federal Title IX regulations do not. This means that the federal Title IX regulations requirements, like verbal cross-examination by the parties’ advisors, do not apply. Cross-examination will still occur, but the parties must not have advisors who verbally ask questions.

If an assault occurs on a property connected with the university (such as in a dorm, fraternity, or sorority house–but not a live out), then the regulations do apply.

If an assault happens abroad, any requested investigation will follow UW’s policy (not that required by the federal Title IX regulations).