UTSA Complaint Process
How to File a Complaint
1. Responsibility of complainant:
Students, faculty, staff and visitors of the UTSA Tri-Campus who believe they have been subjected to illegal discrimination on the basis of race, color, national origin, religion, sex, age, veteran status, disability or sexual orientation are encouraged to report the incident as soon as possible after its occurrence to the Office of Equal Opportunity Services, or any University official, administrator or supervisor.
2. Responsibility of University official, administrator or supervisor:
Any University official, administrator or supervisor who receive a report of discrimination or sexual harassment shall promptly refer the matter and the complainant to the Office of Equal Opportunity Services.
3. Timeline for reporting incidents:
We encourage students, faculty, staff and visitors of the UTSA Tri-Campus to report incidents of discrimination or sexual harassment to EOS as soon as possible, but no later than thirty (30) calendar days from the date the alleged incident, unless extenuating circumstances exist.
B. Complaint resolution process
There are two types of complaint resolution processes available to students, faculty, staff and visitors to UTSA who believe they have been subject to illegal discrimination or sexual harassment: informal resolution and formal resolution. If the complaint you present falls outside EOS's jurisdiction, we will identify and refer you to the appropriate university office for further information and advice.
1. Informal resolution:
This informal resolution process is much like a consultation. During the consultation, options for resolving an individual's specific issue are discussed. Informal resolution options include, but are not limited to: helping the complainant communicate directly with the alleged offender; working with the appropriate department/unit to modify the situation in which the offending conduct occurred; arranging and attending a meeting between the alleged offender and the appropriate administrator to discuss the requirements of the university's policy on discrimination; or mediation. Informal resolution means that no formal investigation occurs and disciplinary action is not required to remedy the situation.
An individual may opt to pursue the formal process at any time. However, EOS may institute a formal process at any time if it determines that the conduct that is described in the complaint is severe, or part of a pattern of persistent misconduct.
The resolution of an informal complaint through the Office of Equal Opportunity Services is final.
2. Formal resolution:
The University formally will resolve complaints that allege severe misconduct or a pattern of persistent misconduct. Formal resolution involves the submission of a written complaint, a formal investigation into the facts alleged in the complaint, and the possibility of the imposition of disciplinary action on the alleged offender.
- Complaint Initiation of Formal Resolution.
A formal resolution process is initiated when the University determines that one is warranted; and the complainant submits a written and signed statement to the Office of Equal Opportunity Services that describes in detail the facts upon which the complaint is based.
- Formal Investigation of Complaint
The Office of Equal Opportunity Services shall formally investigate complaints made pursuant to this process. The investigation shall include providing the alleged offender with a copy of the complaint and an opportunity to respond to it in writing within a reasonable amount of time; interviewing the complainant and the alleged offender and any witnesses who have relevant information concerning the complaint; and the gathering and examining documents relevant to the complaint.
Assistance: During the complaint process, a complainant or respondent may be accompanied or assisted by a person of his or her choice; however, the assistant may not examine witnesses or otherwise actively participate in a meeting or interview.
C. Timeline for resolution
D. Document retention and confidentiality
UTSA will, to the extent possible and permitted by law, maintain the confidentiality of information received as a result of the charge and the investigation. Relevant information will be provided only to those persons who need to know in order to achieve a timely resolution of the complaint.
Where the complainant's desire to maintain anonymity constrains attempts at establishing facts and eliminating the potential sexual harassment or sexual misconduct, the University will attempt to find the right balance between the complainant's desire for privacy and confidentiality, and the responsibility of the University to provide an environment free of sexual harassment or sexual misconduct.
E. Retaliation prohibited
Reprisal or retaliation against an individual for making a complaint of unlawful discrimination, or for using or participating in the complaint process, is a violation of university policy and is subject to disciplinary action, up to and including dismissal from the university. Students, faculty, staff and visitors who file discrimination complaints will be informed of the law against retaliation and the procedures they should take if retaliation occurs. Individuals shall not be penalized, disciplined, or prejudiced who in good faith report a violation of policy, procedure or law.