This procedure applies to complaints of discrimination and/or harassment based on disability, including complaints regarding student requests for accommodations or modifications.
- Filing a complaint: Any individual who believes he or she has been discriminated against based on disability in UTI/MIAT’s programs or activities is encouraged to immediately contact the Director of Student Services. Complaints generally should be filed within 180 days of the date of the alleged discrimination. Complaints filed after this date may be eligible for a discretionary waiver. Requests for a waiver should be made to the Director of Student Services. If there is a conflict of interest with the Director Student Services, the Campus President will assume all duties assigned to the Director of Student services under this procedure.
- Optional informal resolution of complaints: A complainant may choose to resolve a complaint informally by participating in a facilitated meeting with the respondent and the Director of Student Services within two weeks of the filing of the complaint. A complainant may end the informal process at any time and request formal resolution of the complaint.
- Formal resolution of complaints: Unless a complainant elects to participate in the optional informal resolution process, complaints will be addressed through the formal resolution process.
- Within 45 business days of the filing of the complaint or the conclusion of the optional informal resolution process, the Student Services Department will investigate the complaint. The investigation generally will consist of an assessment of the complaint, the gathering and review of relevant documentation, and, if necessary, interview of the complainant, respondent and other relevant witnesses. UTI/MIAT uses the preponderance of the evidence or “more likely than not” standard of review during its investigation and resolution of complaints.
- if the investigative phase will take longer than 45 days, the Director of Student Services will provide the parties with an explanation for the delay.
- Within one week of the conclusion of the investigation, the Student Services Department will provide the parties with written notice of the outcome of the investigation.
- This procedure provides for the prompt, adequate, reliable, and impartial resolution of the complaints, including an equal opportunity for the parties to access, review, and present witnesses and other evidence.
- UTI/MIAT will provide to the complainant interim measures as appropriate (e.g., arranging for changes in class schedules) and will strive to keep the complaint and investigation confidential to the extent possible. UTI/MIAT will take steps to prevent the recurrence of any discrimination or harassment and to correct discriminatory effects on the complainant and others, as necessary.
- UTI/MIAT does not tolerate retaliation against complainants, witnesses, or any person who participates in the investigatory process or otherwise exercises rights under Section 504 or the ADA. Any retaliatory conduct should be promptly reported to the Director of Student Services.
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The complainant and respondent have an equal right to appeal outcome decisions made by the Director of Student Services or designee. Appeals may be made on the following bases: (1) a party obtains new relevant evidence that was unavailable at the time of the investigation and could change the outcome of the investigation; (2) there is evidence of procedural error significant enough to call the outcome of the investigation into question; or (3) in cases where a sanction was imposed, the sanction was substantially disproportionate to the findings. Appeals must be made to Melanie Scheet, Vice President Student Success, at 4225 E. Windrose Drive, Suite 200, Phoenix, AZ 85032, 800‑859‑7249, mscheet@uti.edu. Appeals must be filed within seven (7) calendar days of the date that written notice of the outcome was provided. The EVP Campus Operations and Services will decide the appeal promptly but generally within 30 calendar days and provide the respondent and complainant with written notice of the final determination within seven (7) calendar days of making the final determination, including any changes to the previous determination and/or the sanctions imposed. The appeal decision is final and not subject to further appeal.