Witness FAQs
The following information is provided to increase awareness and knowledge of the EOS/Title IX process for witnesses and to address some common questions regarding witness participation in EOS/Title IX investigations.
In the investigation process, person(s) bringing forward allegations, or in certain cases, persons against whom sexual misconduct allegedly occurred, are referred to as “Complainants,” and those who are alleged to have committed sexual misconduct are referred to as “Respondents.” Sometimes Complainants and Respondents are referred to individually as “a party” or jointly as “the parties.” Individuals who have direct or relevant experience with or knowledge of events, issues, or circumstances related to the investigation, or who Complainants or Respondents want the investigator to speak with, are referred to as witnesses.
WITNESS FREQUENTLY ASKED QUESTIONS
- I received an email, call, or text from an investigator requesting an interview. Why was I contacted?
- I am a community member (not faculty, staff or UTSA student), and I have been identified as a witness in an investigation. Am I required to participate in the investigation?
- I am a UTSA faculty or staff member or a UTSA student, and I have been identified as a witness in an investigation. Am I required to participate in the investigation?
- What will meeting with an investigator be like?
- Do I need to bring anything with me for the interview?
- Can I bring anyone with me to the interview?
- This process makes me nervous or anxious. Is there anyone I can talk with before my interview?
- What if I’m a student and I was engaged in behavior that may violate UTSA’s Student Code of Conduct? Will my friends or I get in trouble if I participate as a witness?
- Can I ask the investigator questions about the complaint or what others have shared?
- Will I be interviewed more than once?
- If I provide information to the investigator, can I remain anonymous?
- What will investigators do with the information I share?
- Can I talk about the complaint and investigation with others?
- I feel like I’m being treated differently now that I’ve participated in the investigative process, and it seems like retaliation. What can I do?
- I received an email, call, or text asking me to participate in a hearing. What does this mean and what should I expect?
- Who should I contact if I need an ADA accommodation during an investigation and/or hearing process?
1. I received an email, call, or text from an investigator requesting an interview. Why was I contacted?
2. I am a community member (not faculty, staff, or a UTSA student), and I have been identified as a witness in an investigation. Am I required to participate in the investigation?
In these situation, EOS encourages you to participate in the investigation.
If witnesses do not participate in the process, it is more difficult for UTSA to combat discrimination, harassment, or sexual misconduct. EOS recognizes that it may be difficult to participate in an investigation and the concerns witnesses may have regarding how their participation may influence or impact their academic and/or professional life, as well as personal and professional relationships. Individuals who have such concerns are strongly encourage to contact EOS at eos.office@utsa.edu or call 210-458-4120.
3. I am a UTSA faculty or staff member or a UTSA student, and I have been identified as a witness in an investigation. Am I required to participate in the investigation?
It depends on the type of investigation. In most situations, UTSA faculty, staff, and students are require to fully particiapte in investigations and to promptly provide all information in response to a request from an investigator. Failure to do so may consittute insubordination and result in disciplinary action.
However, current policy permits faculty, staff, and students to decline to participate in an investigation of sexual harassment under Title IX. Nevertheless, EOS encourages witnesses to fully participate in any investigation. If witnesses do not participate in the process, it is more difficult for UTSA to combat discrimination, harassment, or sexual misconduct. EOS recognizes that it may be difficult to participate in an investigation and the concerns witnesses may have regarding how their participation may influence or impact their academic and/or professional life, as well as personal and professional relationships. Individuals who have such concerns are strongly encouoraged to contact EOS at eos.office@utsa.edu or call 210-458-4120.
4. What will meeting with an investigator be like?
- Always have two investigators in every meeting and will take notes as you speak with them. EOS does not record any interviews and recording by the parties or witnesses is prohibited by our policies.
- Ask you about what occurred and allow you the opportunity to share information related to the matter.
- If necessary, ask follow-up questions to better understand the information you have shared.
- If necessary, ask for information or documentation that you might have, such as texts, screenshots, emails, photos, etc., that could help EOS better understand the situation and that could otherwise be used in connection with the investigation.
- Conclude the meeting by asking if there is anything else you would like to share, such as information the investigator didn’t ask about but that you feel is important regarding the matter.
- Provide you their contact information for questions you may have or for you to provide more information regarding the matter.
5. Do I need to bring anything with me for the interview?
No, unless there is specific information or material such as screenshots, text messages, photos, or other digital or physical documentation that you want to share with the investigator. Alternatively, you can email or otherwise deliver any documentation to the investigator after the meeting.
6. Can I bring anyone with me to the interview?
You may bring a support person who is unaffiliated with the investigation. You may be required to sign a confidentaility release for your support person. However, while your support person may be there for you, they are not permitted to actively participate in the meeting.
7. This process makes me nervous or anxious. Is there anyone I can talk with before my interview?
UTSA provides various resources on campus that can be found at this link:
https://www.utsa.edu/eos/title-ix/titleixresources.html
8. What if I’m a student and I was engaged in behavior that may violate UTSA’s Student Code of Conduct? Will my friends or I get in trouble if I participate as a witness?
In an effort to encourage reporting of sexual misconduct, the University may grant immunity from student and/or employee disciplinary action to a person who acts in good faith in reporting an incident, filing a Formal Complaint, or participating in the investigative process. This immunity does not extend to the person’s own violations of sexual harassment and sexual misconduct policies. (see HOP 9.24 IX A 6).
For example, if you and your friends are under 21 and were drinking alcohol at an on-campus party where domestic violence or sexual assault occurred, and you report this sexual misconduct in good faith, remained at the scene and participated in the process as a witness, you may not be disciplined for the consumption of alcohol OR UTSA will generally grant immunity for violations of the Student Code of Conduct related to the alcohol consumption.
9. Can I ask the investigator questions about the complaint or what others have shared?
While the investigator may ask a witness questions about what a witness may know or have observed, the investigator will only share with a witness information about the investigation, including the specifics related to an allegation, if the investigator determines it is necessary to do so to explain the questions being asked or to seek clarification or other perspectives of information already gathered. In order to protect the privacy of all those involved, as well as the integrity of the investigation, the investigator will not otherwise share with a witness any information related to the investigation.
10. Will I be interviewed more than once?
In some cases, the investigator may ask to interview a witness more than once if additional information becomes available since the initial interview and/or to follow up with a witness to clarify information or previous statements.
11. If I provide information to the investigator, can I remain anonymous?
We seek to protect the privacy of individuals who participate in the investigation process, including witnesses as much as possible. This means that information about witnesses, including their identity and what information they share with the investigator, is shared only with those individuals involved in the investigation and resolution of a complaint who have a legal right or other need to know.
- Both parties must have notice of the complaint and allegations the investigation is seeking to resolve; and both parties must be offered a meaningful opportunity to respond to the information gathered during the investigation.
- As a result, generally speaking, both the Complainant and Respondent will be provided the information a witness shares with the investigator, including the identity of the witness and what information they shared. Additionally, in order to conduct a thorough investigation, there may be occasions when the investigator may need to share information provided by one witness with other witnesses in order to facilitate the fact-gathering portion of the investigation. A party cannot prevent the disclosure of information to which the other party has a right.
Ultimately, we cannot and do not guarantee confidentiality or anonymity to anyone participating in the investigation process, including Complainants, Respondents, or witnesses. However, as may be required by law, we will not release personally identifiable information or other protected information publicly. Further, UTSA prohibits retaliation against any person who participates in the investigative process.
12. What will investigators do with the information I share?
Investigators will use your information along with all relevant evidence collected to compile a report when their investigation is complete. This report will be provided to the parties for their review and comments, and used in the resolution of the complaint by the decision-maker or hearing officer.
13. Can I talk about the complaint and investigation with others?
In order to protect the privacy of all who are involved, including Complainants, Respondents, and witnesses, and to protect the integrity of the investigation, witnesses are asked to keep information learned during the investigation as private as possible and should avoid sharing such information with others.
14. I feel like I’m being treated differently now that I’ve participated in the investigative process, and it seems like retaliation. What can I do?
Our policies prohibit retaliation against persons who are involved with the investigative process in any way, including Complainants, Respondents, and witnesses. If you believe you or someone else is experiencing retaliation, we strongly encourage you to contact us or make a report immediately so the matter can be addressed appropriately.
15. I received an email, call, or text asking me to participate in a hearing. What does this mean and what should I expect?
Witnesses may be asked by one of the parties or by an office at UTSA to attend and participate in a formal hearing. Doing so is an important component of the Hearing Officer’s decision-making, as the presence and participation of witnesses at a hearing is important to the outcome of the complaint. UTSA encourages every person with relevant knowledge to participate in hearings if asked.
16. Who should I contact if I need an ADA accommodation during an investigation and/or hearing process?
If you have a disability or need assistance in communicating with investigators or hearing panelists, please contact us at EOS.Office@utsa.edu as soon as possible to allow us to connect you to the right office to assist with planning for appropriate accommodations.
