Complainant FAQs

COMPLAINANT FREQUENTLY ASKED QUESTIONS

  1. Who is a Complainant?
  2. What should you do if you do not feel safe?
  3. What types of Supportive Assistance can UTSA and the EOS/Title IX Office offer me as a Complainant?
  4. Can the EOS/Title IX Office promise Confidentiality to Complainants in connection with a matter reported to the office?
  5. Who is designated as a Mandatory Reporter at UTSA?
  6. As a Complainant, what do I need to know about filing a Complaint?
  7. Who can I bring with me when I meet with the EOS/Title IX Office?
  8. What happens if I file a report as a Complainant and then experience retaliation after filing the complaint?

 

1. Who is a Complainant?

A Complainant (also referred to as CP) is the individual who alleges or is alleged to be the victim of any prohibited conduct as defined in HOP 9.01 and HOP 9.24.

Complainants may include someone who:
  • experiences harm covered by our Policy.
  • identifies as a survivor or a victim of prohibited conduct under Title IX.
  • has an experience that is reported by someone else to the University.

While the University encourages all potential Complainants to submit reports, not everyone who experiences harm will report their experience or identify with the term “Complainant.” Some reports are made by third-party reporters and the EOS/Title IX office reviews every report that is submitted to determine the best course of action. A third-party reporter is not considered a Complainant. The University uses the term “Complainant” to be as clear and objective as possible in the Title IX and other investigative processes.

A Respondent is defined as the individual who has been reported to be the perpetrator of prohibited conduct under the policy.

Back to top.


2. What should you do if you do not feel safe?

If you feel you are in immediate danger of harm by another person or yourself, call 911. You may also contact UTSA’s University Police Department (UTSA PD): Individuals may report an incident, with or without filing charges. To contact UTSA PD you can call 210-458-4242 for Non-Emergency issues and 210-458-4911 for emergencies. The UTSA Community can also use the UTSA LiveSafe app which allows students, faculty, staff and visitors to: report suspicious activity, make use of UTSA safety resources, report incidents, access emergency options, and request the service offered by Safewalk (a peer to peer virtual escort tool through the LiveSafe app, or you can request a safety escort to the location). To download “LiveSafe” from Google Play or the App Store, register with your phone number, and elect “The University of Texas at San Antonio” as your choice of school.

Other resources include:

UT Health San Antonio Wellness 360: 
https://wellness360.uthealthsa.org/wellness-360-at-utsa/
Main Campus Health Services:
Recreation Wellness Center (RWC), 1.500
Phone: (210) 458-4142

Students in need of counseling resources should contact:
Main Campus:
Wellness 360 Counseling Center
Recreation and Wellness Center (RWC), 1.810
(210) 458-4140 (for Crisis Help Line chose Option 3)

Downtown Campus
Frio Street Building, FS4.556
(210) 458-4140

Faculty and staff in need of counseling resources should contact:
Deer Oaks Employee Assistance Program
1-866-EAP-2400
1-866-327-2400
24 Hour Access to
Free Professional Support
National Relay: 1-800-877-8339

For a full list of UTSA and Community Resources visit: Title IX Resources | Equal Opportunity Services and Title IX Office | UTSA | University of Texas at San Antonio.

Back to top.


3. What types of Supportive Assistance can UTSA and the EOS/Title IX Office offer me as a Complainant?

The EOS/Title IX Office may be able to offer the parties to a matter, including Complainants, supportive measures.  Supportive measures are designed to ensure equal access to educational programs and activities and/or eliminate a hostile environment on campus prior to or during an investigation at UTSA.

Support may look different for each person, based on their particular circumstances.  It is important for Complainants to be aware of what resources and options are available, and to request the support and assistance that meets their needs.  The university has various offices available to address mental, physical, emotional, and academic needs of the UTSA Community. For a full list of UTSA and Community Resources visit: Title IX Resources | Equal Opportunity Services and Title IX Office | UTSA | University of Texas at San Antonio

To learn more about Supportive Measures visit: Supportive Measures | Equal Opportunity Services and Title IX Office | UTSA | University of Texas at San Antonio.

Back to top.


4. Can the EOS/Title IX Office promise Confidentiality to Complainants in connection with a matter reported to the office?

It is important that Complainants be informed about both confidential and non-confidential resources.  

UTSA cannot guarantee confidentiality or anonymity to a Complainant in the investigative process. The EOS/Title IX Office is required to release the names of the Complainant and Witnesses (see Witness FAQ), and the evidence provided by the same, to a limited number of parties, including Respondents in order to comply with due process requirements of investigations and hearings. 

UTSA does offer confidential resources to assist parties that are involved in matters before the EOS/Title IX Office.  These confidential resources are confidential by federal and state law.  These services will not share any identifiable information with Title IX, the police, parents, or anyone else without permission first, except in cases where there is concern of imminent harm to yourself, someone else, or the campus community. Offices that are considered confidential at UTSA include:

The PEACE Center
Available for phone consultation Monday - Friday, 8am - 5pm
210-458-4077
peace.center@utsa.edu 
Virtual Consultation hours Monday - Friday,  2pm - 4pm
Link for the live zoom chat: https://utsa.zoom.us/j/96871742877

UTSA Counseling Services
Main Campus
RWC 1.810
210-458-4140
Downtown Campus
FS4.556
210-458-4140

Also review this valuable resource: Know Your Options UTSA Resource

Even if a resource is not confidential, all student information will be handled in accordance with the regulations established by FERPA and other applicable laws, and maintained on a need-to-know basis.

Back to top.


5. Who is designated as a Mandatory Reporter at UTSA?

A mandatory reporter, also known as a “Responsible Employee,” is a UTSA employee who is required to report certain incidents of prohibited conduct to the university.  At UTSA all employees are considered mandatory reporters and required to report any known information concerning such incidents to the EOS/Title IX Office. There are several offices at UTSA that are Confidential and are not required to report the identity of the Complainant and they include: those who work in the PEACE Center, Student Assistance Services, University Ombuds, and Wellness 360: Counseling and Health Services.

Back to top.

6. As a Complainant, what do I need to know about filing a Complaint?

If you are interested in filing an Incident Report or Formal Complaint with the university, please visit the File a Report page.

We encourage students, faculty, staff and visitors of the UTSA Community to report incidents of discrimination or sexual harassment to EOS as soon as possible and no later than thirty (30) calendar days from the date the alleged incident. While waiting longer than 30 days to report an alleged incident can impact information and recollections important to an investigation, this 30-day reporting period is not a requirement. EOS will receive reports beyond this 30-day recommendation.

While the Complainant can report anonymously, EOS will be limited as to how they can respond to cases based on the details received in the report. Please know that Mandatory Reporters are not allowed to report anonymously and must report all known information to the EOS/Title IX Office. For more information on Mandatory Reporting please visit the Mandatory Reporter FAQ.

For any questions about filing a report or complaint, you can call EOS at 410-458-4120 or email EOS.Office@utsa.edu. If you want to obtain confidential guidance before filing, you can reach out to: the PEACE Center, Student Assistance Services, University Ombuds, and Wellness 360: Counseling and Health Services.

Back to top.

7. Who can I bring with me when I meet with the EOS/Title IX Office?

During the complaint process in HOP 9.01, a complainant, respondent, or witness may be accompanied by an uninvolved person of his or her choice, including an attorney.  (UTSA may request a FERPA release.) However, this individual may not actively participate in the meeting or interview. In addition, this individual must not have any personal knowledge regarding the facts surrounding the complaint.

Similarly, during the investigation process in HOP 9.24, parties may be assisted by an advisor as long as the parties have signed the appropriate information release, as applicable. The advisor may be an attorney but does not have to be an attorney. However, the advisor may not actively participate in a meeting or interview. The University reserves the right to remove or dismiss advisors who violate restrictions on participation in both meetings and hearings. Additionally, the University is not required to reschedule an interview or meeting if the advisor cannot attend an interview or meeting. An individual named by either party as a witness or potential witness may not serve in the role of advisor to either party. For specific information about the role of a Title IX Advisor in a Title IX hearing please review HOP 9.24.

If a Complainant needs assistance in locating an advisor or support person, the Complainant can reach out to EOS for assistance in selecting an advisor. Complainants can also contact the PEACE center to obtain a support person for the investigative process. (Student Respondents should contact Student Assistance Services and Faculty or Staff Respondents should contact the University Ombudsperson for assistance.).

Back to top.

8. What happens if I file a report as a Complainant and then experience retaliation after filing the complaint?

Retaliation against an individual for filing a complaint of discrimination or sexual harassment, or for 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. All parties to a discrimination or sexual harassment complaint will be informed about retaliation and the procedures to be taken if they believe retaliation has occurred as a result of their participation in the investigative process.  You can also view the EOS Retaliation FAQ for more information.

Back to top.