The sexual misconduct policy may apply to scenarios beyond the scope of Title IX.
I. Notice of Non‑Discrimination
Universal Technical Institute (UTI/MIAT/MIAT) is dedicated to maintaining safe learning and working environments for students, employees, and third parties. UTI/MIAT/MIAT does not tolerate sexual misconduct, which includes sex discrimination and sexual harassment, or retaliation in its programs and activities. UTI/MIAT/MIAT’s policies specifically prohibit dating violence, domestic violence, sexual assault, and stalking, consistent with the Violence Against Women Act (VAWA) amendments to the Clery Act.
UTI/MIAT has designated the Director of Program Compliance to coordinate its compliance with Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex. Questions or comments about sexual misconduct, which includes sex discrimination and sexual harassment, can be directed to: Director of Program Compliance, Title IX Coordinator, 4225 East Windrose Drive, Suite 200, Phoenix, AZ 85032, 800‑859‑7249, or jramirez@UTI/MIAT.edu or National Director ‑ Student Success ‑ Student Services/Deputy Title IX Coordinator, 4225 East Windrose Drive, Suite 200, Phoenix, AZ 85032, 800‑859‑7249, 623‑445‑0813, or amanginelli@UTI/MIAT.edu.
Inquiries concerning Title IX also may be made to the Office for Civil Rights at: U.S. Department of Education, Office for Civil Rights, Lyndon Baines Johnson Department of Education Bldg., 400 Maryland Ave., SW, Washington, DC 20202‑1100, Telephone: 800‑421‑3481, FAX: 202‑453‑6012, TDD: 877‑521‑2172, Email: OCR@ed.gov
II. Anti‑Discrimination and Anti‑Harassment Statement
UTI/MIAT does not tolerate sexual misconduct, which includes sex discrimination and sexual harassment, or retaliation in its programs and activities. UTI/MIAT takes prompt, effective action to address sexual misconduct, including sexual harassment and sex discrimination, of which it has notice. This includes taking appropriate steps to determine what occurred, end a hostile environment if one was created, prevent the recurrence of a hostile environment, and provide any necessary remedies. UTI/MIAT utilizes fair, impartial processes to address allegations of sexual misconduct. If UTI/MIAT finds that a violation of this policy has occurred, it imposes discipline, provides remedies to affected parties, and implements other corrective actions, as appropriate. UTI/MIAT strongly prohibits retaliation against individuals who make a complaint of sex discrimination, sexual harassment, or sexual misconduct, participate in Title IX investigations, or otherwise assert rights protected by Title IX. UTI/MIAT also does not tolerate other forms of “covered conduct,” as described below.
III. Scope and Jurisdiction
This policy applies to students, employees, and third parties, regardless of sex, gender, gender identity, or sexual orientation. It covers sex discrimination and allegations of sexual misconduct (including dating violence, domestic violence, sexual assault, and stalking) as defined in this Sexual Misconduct Policy that are not governed by the Title IX Sexual Harassment Policy and that occurs on campus or in, or has a continuing effect on, UTI/MIAT’s programs or activities.
IV. Covered Conduct ‑ Definitions and Examples
(Additional definitions, including state law definitions and definitions required under the Violence Against Women Act amendments to the Clery Act, are set forth in Appendix A of the policy available at https://www.uti.edu/campus-safety.)
Complainant: The individual who experienced the alleged sex discrimination, sexual harassment, or sexual misconduct. In certain instances, such as where there is a danger to the UTI/MIAT community and the individual who experienced the alleged conduct is unable or unwilling to file a complaint, UTI/MIAT reserves the right to proceed with the complaint based on the relevant details of the situation even if the reporting party does not want to continue.
Consent: Affirmative, conscious, and voluntary agreement to engage in sexual activity. Neither the lack of protest or resistance nor silence constitutes consent. Consent may be withdrawn at any time. Affirmative consent must be given by all parties to sexual activity. A person who is incapacitated cannot consent (see discussion of incapacitation below). Past consent does not imply future consent. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Coercion, force, or threat of either invalidates consent.
For cases involving California campuses, the following will not excuse a failure to obtain consent: a respondent’s own intoxication or recklessness and a respondent’s failure to take reasonable steps to ascertain whether the complainant affirmatively consented.
Coercion: Coercion is direct or implied threat of danger, hardship, or retribution sufficient to persuade a reasonable person to engage in sexual activity in which they otherwise would not engage or to which they otherwise would not submit. Coercion is different from seductive behavior based on the type of pressure someone uses to get another to engage in sexual activity. A person’s words or conduct cannot amount to coercion unless they wrongfully impair the other’s free will and ability to choose whether or not to engage in sexual activity. Coercion can include unreasonable and sustained pressure for sexual activity. When someone makes clear that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the complainant. (i) The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Domestic Violence: (i) A felony or misdemeanor crime of violence committed— (A) By a current or former spouse or intimate partner of the complainant; (B) By a person with whom the complainant shares a child in common; (C) By a person who is cohabitating with, or has cohabitated with, the complainant as a spouse or intimate partner; (D) By a person similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or (E) By any other person against an adult or youth complainant who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
Incapacitation: A person may be unable to give consent due to incapacitation as a result of drug or alcohol use, use of medication, or disability status (for example, a person may be unable to communicate due to a mental or physical condition). A person who is passed out, asleep, or unconscious is incapacitated and cannot consent to sexual activity. In evaluating whether a complainant was incapacitated due to the consumption of alcohol, UTI/MIAT will consider the totality of the circumstances, including factors such as the presence of slurred speech, an unsteady gait/stumbling, unfocused eyes, and impaired memory.
Inducing Incapacitation: To provide alcohol or drugs to an individual, with or without that individual’s knowledge, for the purpose of causing impairment or intoxication or taking advantage of that individual’s impairment or incapacitation.
Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct but without displaying a weapon or subjecting the victim to actual physical attack.
Respondent: The individual accused of the alleged sex discrimination, sexual harassment, or sexual misconduct.
Retaliation: Adverse conduct of which the institution is aware, where there is evidence of a causal connection between the conduct and a protected activity such as filing a Title IX complaint, participating in a Title IX investigation, or otherwise asserting rights under Title IX. Retaliation includes, but is not limited to, ostracizing the person, pressuring the person to drop or not support the complaint or to provide false or misleading information, engaging in conduct that may reasonably be perceived to affect adversely that person’s educational, living or work environment, threatening, intimidating, coercing the person, or otherwise discriminating against any person for exercising their rights or responsibilities under this policy.
Sexual Assault: Non‑consensual physical contact of a sexual nature. This includes penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without consent. Examples: sexual intercourse with a person who is asleep or unconscious; digital penetration of a person without consent.
Non‑consensual sexual contact: Any intentional sexual touching, however slight, with any object, by an individual that is without consent or by force.
Sexual Contact includes intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth, or other orifice.
Non‑consensual sexual intercourse: Any intentional sexual touching, however slight, with any object, by an individual that is without consent or by force.
Intercourse includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.
Sex Discrimination: Sex discrimination occurs when persons are excluded from participation in, or denied the benefits of, any UTI/MIAT program or activity because of their sex. Sex discrimination can include adverse treatment based on one’s sex, as well as conduct that meets the definitions of sexual harassment, sexual assault, and sexual violence, as set forth below. Sex discrimination also includes discrimination on the basis of pregnancy and failure to conform to stereotypical notions of femininity and masculinity (i.e., gender stereotyping).
Sexual Exploitation: When a person takes non‑consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples include invasion of sexual privacy, non‑consensual video or audio‑taping of sexual activity, voyeurism, going beyond the boundaries of consent, etc.
Sexual Harassment: Unwelcome conduct of a sexual nature that unreasonably interferes with an individual’s work or educational performance; limits a student’s ability to participate in or benefit from the Institute’s programs, activities, or opportunities; or creates an intimidating, hostile or offensive work or educational environment. A single or isolated incident of sexual harassment may create a hostile environment if the conduct is sufficiently severe.
In determining whether a hostile environment exists, UTI/MIAT will consider the totality of circumstances, including factors such as the actual impact the conduct has had on the victim’s participation in UTI/MIAT’s programs and activities, the nature and severity of the conduct at issue, the frequency and duration of the conduct, the relationship between the parties (including accounting for any power differential), the respective ages of the parties, the context in which the conduct occurred, and the number of persons affected.
Sexual harassment may include unwelcome sexual advances, requests for sexual favors, unnecessary touching, graphic verbal or visual commentaries about an individual’s body, sexually suggestive objects or pictures, sexually explicit jokes, and other verbal, visual or physical conduct of a sexual nature when it is pervasive, persistent, or severe enough to deny access to UTI/MIAT’s programs and activities.
Sexual Misconduct: This is an umbrella term that covers the types of conduct covered by this policy, including sex discrimination, sexual harassment, sexual assault, sexual violence, dating and domestic violence, and stalking.
Sexual Violence: Sexual violence is a particularly severe form of sexual harassment. Sexual violence refers to physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent due to the victim’s use of drugs or alcohol. An individual may also be unable to give consent due to an intellectual or other disability. Sexual violence includes acts such as rape, sexual assault (forcible and non‑forcible), sexual battery and sexual coercion.
Stalking: (i) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) Fear for the person’s safety or the safety of others; or (B) Suffer substantial emotional distress. (ii) For the purposes of this definition— (A) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. (B) reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. (C) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
V. Making a Report
Individuals with knowledge of sexual misconduct in UTI/MIAT’s programs or activities are encouraged to immediately make a report to the Title IX or Deputy Title IX Coordinator. Individuals identified in the “Responsible Employees” section below must report incidents of possible sexual misconduct to the Title IX or Deputy Title IX Coordinator within 24 hours of becoming aware of such conduct.
Where to file: Reports can be made in person, or by sending a written complaint to the Title IX and/or Deputy Title IX Coordinator via email or regular mail using the contact information set forth above. A complaint form is available at https://www.uti.edu/campus-safety. If the actions of the Title IX Coordinator are at issue or there is otherwise a conflict of interest, reports should be sent to the Director – Regional People Services, 4225 East Windrose Drive, Phoenix, AZ 85032, 800‑859‑7249, lpalone@UTI/MIAT.edu. The Title IX Coordinator and Deputy Title IX Coordinator are campus security authorities and will report applicable data about covered conduct (e.g., date, time, location) for inclusion in UTI/MIAT’s Annual Security Report, which is provided to the campus community and made available to the public, as required by the Clery Act. These disclosures are made without including personally identifying information, including the name of the complainant. In cases involving California campuses, reports of certain sexual misconduct made to campus security authorities will be disclosed to local law enforcement.
When to file: UTI/MIAT encourages persons to make complaints of sexual misconduct as soon as possible because late reporting may limit UTI/MIAT’s ability to investigate and respond to the reported.
Contacting local law enforcement: For immediate assistance following an incident, an alleged victim can dial 911 to make a report to local law enforcement, though such a report is not required. The Title IX Coordinator, Deputy Title IX Coordinator, or designee can assist in making such a report. A complainant may pursue simultaneous complaints with UTI/MIAT and local law enforcement.
Confidentiality: UTI/MIAT respects the privacy of students, employees, and third parties and shares reports of sexual misconduct on a limited, “need‑to‑know” basis, consistent with applicable state and federal laws. If a complainant requests that UTI/MIAT handle a complaint on a confidential basis, UTI/MIAT will honor that request where possible. UTI/MIAT’s Title IX Coordinator, Deputy Title IX Coordinator, or designee, reviews requests for confidentiality and determines whether such requests can be honored in light of factors such as the safety of the campus and the number of complaints against a respondent. UTI/MIAT reserves the right to initiate an investigation despite a complainant’s request for confidentiality in limited circumstances involving serious or repeated conduct, where the alleged perpetrator may pose a continuing threat to the UTI/MIAT community, or in other circumstances where UTI/MIAT deems appropriate. UTI/MIAT will promptly notify the complainant of its determination regarding a request for confidentiality.
Individuals who wish to speak with someone in confidence about an experience of sexual misconduct may contact an off‑campus resource. A resource list is provided at https://www.uti.edu/campus-safety. UTI/MIAT does not employ practicing licensed counselors or pastoral counselors, and therefore, does not have any confidential reporting resources on campus.
Written notification of resources for reports involving dating violence, domestic violence, sexual assault, and stalking: In cases of dating violence, domestic violence, sexual assault, and stalking, UTI/MIAT will provide written notification to the complainant and respondent, which includes an explanation of their rights, outside resources, information on preserving evidence, as well as how to request interim measures, including requests to change academic situations or request for “no contact” directives. In addition, the notification contains information about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for complainants, both within UTI/MIAT and in the community whether the offense occurred on or off campus. Information is provided regardless of whether the incident occurred on or off campus.
Amnesty: UTI/MIAT encourages the reporting of incidents of sexual misconduct and recognizes that some students may be reluctant to make such reports as a result of their personal consumption of drugs or alcohol at the time of the incident. UTI/MIAT generally will not discipline complainants, respondents, or witnesses for personal consumption of drugs or alcohol in violation of UTI/MIAT’s policies where such conduct occurred at the time of the incident and did not endanger the health or safety of others. Educational responses to the conduct may be implemented, as appropriate. Note that UTI/MIAT’s commitment to amnesty in these situations does not prevent action by police or legal authorities against an individual who has illegally consumed alcohol or drugs.
In California, complainants and witnesses are protected from sanctions for violations of student conduct policies that occurred around the time of the reported incidents, unless UTI/MIAT finds the violations egregious.
Interim measures: Interim measures may be available to parties involved in an investigation of sexual misconduct. Interim measures may include no contact orders, changes to academic situations for students, leave for employees, housing transfer for students who are participating in Collegiate Housing Services shared housing, if available, changes in working situations, transportation, or other actions. Such measures, if reasonably available, may be provided regardless of whether the complainant chooses to report the incident to local law enforcement.
Interim measures will be administered in an individualized and appropriate manner based on available information, with an intent to preserve the fundamental fairness of the process.
Requests for interim measures should be made to the Title IX Coordinator, Deputy Title IX Coordinator, or designee, using the contact information provided above. The Title IX Coordinator, Deputy Title IX Coordinator, or designee, may also, at any point during an investigation, determine that interim measures will be implemented without a request for such being made. UTI/MIAT will maintain as confidential any interim measures provided, to the extent that maintaining such confidentiality would not impair UTI/MIAT’s ability to implement the measure.
Orders of protection: If a party has obtained an ex parte order of protection, full order of protection, or any other restraining order or no contact order against another from a criminal, civil or tribal court, the order should be provided to the Title IX Coordinator, Deputy Title IX Coordinator, or designee. UTI/MIAT will take all reasonable and legal action to implement such an order. If an order is violated, local law enforcement can also be contacted for assistance.
Preservation of evidence: The preservation of evidence is crucial in sexual misconduct cases. Regardless of whether the individual chooses to report the incident, UTI/MIAT encourages individuals
of any form of violence to seek medical attention as soon as possible, even if they feel no injury was sustained. Medical assistance providers can treat injuries, test for and treat sexually transmitted diseases, test for pregnancy, and provide emergency contraception (if requested). If a complainant chooses to obtain a forensic examination following a sexual assault, the complainant may wish to avoid the following activities prior to the examination to preserve evidence: showering, drinking, eating, douching, brushing teeth or hair, or changing clothes. In addition, hospitals can also test for the presence of alcohol or drugs and perform a rape evidence collection procedure or coordinate these services with another provider if needed. It is also important to take steps to preserve other types of evidence such as pictures, emails, text messages, social media posts, etc., rather than evidence of physical contact and violence.
VI. Responsible Employees
Responsible employees must report to the Title IX Coordinator and/or Deputy Title IX Coordinator all information about the incident of possible sexual misconduct of which they are aware. This may include the names of the parties, the date, time, and location of the incident, and available facts about what occurred. Responsible employees should not undertake any investigation of the incident unless specifically directed to do by the Title IX or Deputy Title IX Coordinator or designee.
Responsible employees include employees who have the authority to take action to redress sexual misconduct; who have been given the duty of reporting incidents of sexual misconduct or other student misconduct; or whom a student could reasonably believe has this duty. UTI/MIAT has designated the following personnel as responsible employees: Student Services Directors, Student Services Supervisors, Senior Student Affairs Advisors, Student Affairs Advisors, Education Directors, Education Managers, and People Services staff.
UTI/MIAT employees who have not been designated as responsible employees are strongly encouraged to report to the Title IX Coordinator incidents of sexual misconduct of which they are aware.
VII. Informal Resolution
Parties may agree to participate in the informal resolution of a complaint that does not involve a full investigation and adjudication. Informal resolution, such as mediation, may only be attempted if voluntarily agreed to by both parties after receiving a full disclosure of the allegations and their options for formal resolution, and with the Title IX Coordinator, Deputy Title IX Coordinator, or designee determining that the particular complaint is appropriate for an informal process. UTI/MIAT will not require that a complainant informally resolve a complaint directly with the respondent.
If informal resolution is pursued, either party may terminate the process and elevate the complaint to or continue with the formal process. In addition, the Title IX Coordinator, Deputy Title IX Coordinator, or designee has the discretion to discontinue an informal process at any time if, for example, one or both parties are not adequately and timely participating.
If an informal resolution is reached, it will be documented in writing and signed by both parties. An informal resolution cannot be appealed.
VIII. Procedure Once a Report is Received
Standard of review: UTI/MIAT uses the preponderance of the evidence or “more likely than not” standard of review during the investigation and resolution of complaints of sexual misconduct. Response by the Title IX/Deputy Title IX Coordinator:
Evaluation: The Title IX Coordinator, Deputy Title IX Coordinator or designee will review all reports of sexual misconduct within 7 calendar days of receipt and will determine the appropriate response. If there are jurisdictional considerations that preclude Title IX consideration, the complainant will be notified of such limitations. If the complaint is dismissed at this stage, the complainant will receive written notice of the outcome and has the opportunity to appeal the determination using the appeal procedure below.
Investigation: Within 10 calendar days of receiving the report, the Title IX Coordinator, Deputy Title IX Coordinator, or designee will commence an investigation of the allegation(s), if appropriate.
If an investigation is commenced, a prompt written notice will be provided to the respondent of the allegations constituting a potential violation of this policy, including the identities of the parties involved, the specific section of the policy allegedly violated, the precise conduct constituting the potential violation, and the date and location of the alleged incident.
The investigation may include contacting the complainant, respondent, and relevant witnesses to obtain additional information about the allegation(s), and the parties will receive written notice in advance of such a meeting so that they have sufficient time to prepare for meaningful participation. UTI/MIAT has developed trauma‑informed protocols for interviewing complainants that include follow‑up and support, as appropriate. Similarly, UTI/MIAT ensures that respondents receive a fundamentally fair process that is sensitive to the possibility that a respondent may be facing simultaneous criminal charges.
The complainant and respondent will have an equal opportunity to provide witnesses and evidence throughout the process; the Title IX Coordinator and/or Deputy Title IX Coordinator will assist the parties in locating and identifying witnesses, as appropriate. Both parties will have meaningful access to evidence and opportunity to respond. All parties and witnesses involved in the investigation are expected to cooperate and provide complete and truthful information.
The Title IX and/or Deputy Title IX Coordinator generally will conclude the investigation within 30 calendar days. This timeframe may be extended in extenuating circumstances (e.g., school breaks). The Title IX and/or Deputy Title IX Coordinator will notify the parties of any delays and the reasons for the delays.
Investigatory report: At the conclusion of the investigation, the Title IX Coordinator, Deputy Title IX Coordinator or designee will prepare a preliminary investigatory report that summarizes the evidence, makes factual findings and determines whether sexual misconduct has occurred. Both parties will be provided with an opportunity to review the preliminary report and allowed to respond to it, in writing, within 3 calendar days. Upon consideration of the parties’ written comments to the preliminary report, if any, the Title IX Coordinator, Deputy Title IX Coordinator, or designee may find the respondent responsible or not responsible for the alleged violation, or may find that there is insufficient evidence to make such a finding. If the Title IX Coordinator, Deputy Title IX Coordinator, or designee finds the respondent responsible, the Title IX Coordinator, Deputy Title IX Coordinator or, designee will impose an appropriate sanction and determine whether any remedies should be provided to the complainant and/or campus community.
Notice of the outcome: Within 15 calendar days of the conclusion of the investigation, the complainant and respondent will receive concurrent/simultaneous written notice of the outcome, including any sanction imposed, consistent with applicable state and federal privacy laws, as well as notification of the applicable appeal procedures.
Advisor of choice: In cases of sexual misconduct, the complainant and respondent may choose to have an advisor of their choice present during meetings or disciplinary proceedings. If a party selects an advisor who is an attorney, the party must notify the Title IX Coordinator or Deputy Title IX Coordinator at least 24 hours prior to the first meeting or disciplinary proceeding in which the advisor will be in attendance. During a meeting or proceeding, the advisor does not serve as an advocate on behalf of the complainant or respondent, may not be actively involved, and must agree to maintain the confidentiality of the process. The complainant and respondent have the same opportunity to have an advisor present during meetings and other aspects of the disciplinary proceeding. Advisors are present to support their advisees and must refrain from interrupting or disrupting interviews or other meetings with campus officials or their designees. Advisors may not speak during interviews or meetings unless invited to do so by a campus official or designee. One warning will be given if an advisor attempts to actively participate without being invited to do so or otherwise becomes disruptive. If the behavior continues, the advisor will be asked to leave the meeting or interview. Meetings or interviews generally will not be re‑scheduled because an advisor is unavailable to attend.
Timeframes: The investigation and resolution of the complaint will be done in a timely manner. The Title IX Coordinator, Deputy Title IX Coordinator, or designee will provide regular status updates to the parties. All timeframes identified in this policy may be extended for good cause or if UTI/MIAT determines in its discretion that a deadline should be extended, in which case UTI/MIAT will notify the parties in writing of the extension and the rationale for it.
Training: The Title IX Coordinator and others with responsibilities under this policy receive training, including trauma‑informed training, on at least an annual basis.
Recordkeeping: UTI/MIAT maintains records related to complaints of sexual misconduct consistent with its record retention policy and federal and state laws.
IX. Sanctions and Remedies
Sanctions for students may include sexual assault or other related training, no contact directives, bans from specific areas of campus, professionalism infractions, removal from a course, requirement to change sessions, suspension, or termination from school. For employees, sanctions may include a final warning with sexual assault training or termination. As to third parties, UTI/MIAT will implement available sanctions, such as bans from campus, as appropriate. UTI/MIAT will also abide by and support any sanctions imposed by law enforcement. UTI/MIAT will also provide remedies or other corrective actions to the complainant and campus community, as appropriate, such as educational programming, policy review and revision, and counseling.
X. Appeal Procedure
The complainant and respondent have an equal right to appeal outcome decisions made by the Title IX Coordinator, Deputy Title IX Coordinator, 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) the sanction was substantially disproportionate to the findings. Appeals must be made to Sonia Mason, Chief Human Resources Officer SVP, 4225 East Windrose Drive, Suite 200, Phoenix, AZ 85032, 800‑859‑7249, or smason@ UTI/MIAT.edu. Appeals must be filed within 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 concurrent/simultaneous written notice of the final determination within 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.
XI. Resources
In addition to the resources provided above, additional on‑ and off‑campus resources are listed on UTI/MIAT’s webpage at https://www.uti.edu/campus-safety. Written information about resources and services also may be obtained by contacting the Title IX Coordinator, Deputy Title IX Coordinator, or in the Student Services Department.
XII. Prevention and Awareness Programs
UTI/MIAT is committed to having in place sexual misconduct, including dating violence, domestic violence and stalking, prevention and awareness programs for students and employees. UTI/MIAT implements prevention and awareness programming during new student and new employee orientation. Informational prevention and awareness materials also are available on an on‑going basis.
XIII. Non‑Fraternization
UTI/MIAT has a Non‑Fraternization Policy set forth in its Course Catalog and Employee Handbook. UTI/MIAT employees may not engage in conduct of a sexual nature with any students or with employees where there is supervisory or evaluative relationship, regardless of whether such conduct is consensual. Conduct in violation of the Non‑Fraternization Policy also may be addressed under the Title IX Policy if the conduct meets one of the definitions above (e.g., sexual harassment, dating or domestic violence, stalking).
XIV. Prohibition Against Retaliation
Retaliation in any form (including acts of intimidation or harassment) against any person who makes a Title IX report, witnesses or experiences harassment, or asserts rights under Title IX will also not be tolerated. Reports of retaliatory conduct should be made to the Title IX Coordinator and/or Deputy Title IX Coordinator using the contact information set forth above.
XV. False Reporting
Allegations of discrimination and harassment are extremely serious and must be made honestly and in good faith. Knowingly providing false information to a school official may result in disciplinary action up to and including termination for employees, and suspension or termination for students.