Concerns regarding a potential violation of the Code of Conduct should be reported to the Student Services Director. UTI will consider and evaluate all such concerns based on the specific facts and in consultation with other appropriate individuals as needed. Many concerns may not warrant a formal investigation and can be resolved through informal discussions with the individuals involved . If UTI determines that an investigation is necessary, the following steps will typically apply.
The allegations shall be investigated fully and fairly, within a reasonable amount of time, and as confidentially as possible, consistent with the need to conduct an investigation. An investigation will typically consist of the following steps, but these steps are provided only as a guideline and are not binding:
- Written notice to the student of the alleged violation(s) of the Code of Conduct and a brief summary of the available facts relating to the alleged violation
- An interview or interviews with the accused student
- Interviews with other individuals as needed
- Review of relevant documents or other information gathered
An investigation will typically be carried out internally by UTI personnel but may be referred to an external investigator depending on the circumstances.
All members of the UTI community are expected to cooperate in good faith and to be truthful in participating in conduct investigations. Refusal to cooperate and/or provide truthful information may warrant disciplinary action.
The individual conducting the investigation will determine whether a preponderance of the evidence supports a finding that one or more violations of the Code of Conduct has occurred.
The investigation shall be documented with factual findings and supporting evidence in the form of an outcome letter or other documentation.
As soon as practicable, the student shall be informed of the results of the investigation. This may be done within the context of a meeting or in writing, at the sole discretion of the individual overseeing the matter. Students who are directed to attend a meeting must promptly respond to a meeting request and schedule the meeting for the earliest possible date. Refusal or failure to respond to communications on behalf of UTI regarding holding a meeting to review investigation results or to schedule and attend the scheduled meeting may result in disciplinary action, which could include suspension until such time as the meeting occurs or initiation of the applicable termination process.
If the investigation results in no finding against the student, the matter will be closed. If the investigation results in a finding that a violation of the Code of Conduct occurred, appropriate corrective and/or disciplinary action will be taken. Potential disciplinary action may include, but is not limited to, one or more of the “Disciplinary Actions” set forth in the Code of Conduct.
Refusal or failure to cooperate with the assigned corrective and/ or disciplinary action may result in additional disciplinary action, up to and including termination.
Either party may appeal the finding on the following grounds:
- A procedural irregularity that could have affected the outcome;
- There is new evidence that was not reasonably available during the investigation that could have affected the outcome;
- The investigator had a conflict of interest or bias against the appealing party that could have affected the outcome; or
- The sanction is disproportionate to the finding.
The appeal must be in writing and submitted to the Student Services Director or designee within ten (10) business days of the date of the student is notified of the results of the investigation. It must include an explanation of the basis for appeal and any supporting information for the appeal . The Student Services Director or designee will review the appeal, any supporting materials, and any response, and will issue a written determination as soon as practicable. The Student Services Director may, in their discretion, defer any disciplinary or corrective action until the appeal process has been finalized.
The determination of a complaint becomes final when the time for appeal has passed with no party filing an appeal or, if any appeal is filed, at the point when the Student Services Director has resolved all appeals. No further review beyond the appeal is permitted.
Notwithstanding the foregoing provisions, UTI shall have the immediate right, where reasonably necessary in its discretion to preserve an appropriate learning environment and/or to protect the health and safety of the student or of others, to remove such student from class or any other program-related activity or function on an interim basis pending the outcome of an investigation and/or appeal. In such a circumstance, the student will be provided written notice of the reasons for the interim removal and an opportunity to meet with the Student Services Director as soon as practicable to discuss the reasons for the interim removal .