Resources
- Where can I discuss an incident of discrimination, harassment, and retaliation confidentially?
Students may contact Counseling and Psychological Services (CAPS) and employees may contact the Faculty and Employee Assistance Program (FEAP) for confidential support and counseling. Students, faculty, and staff members may also contact the Women’s Center (available to individuals of all gender identities) for confidential counseling. In addition, the UVA Ombuds is a confidential resource available to speak with current UVA and UVA Medical Center students, faculty, and staff members.
- What supportive measures are available when I file a PADHR complaint?
Students: The Care and Support Services team with Student Health and Wellness can inform you about on- and off-Grounds resources and connect you with resources to assist with changes to class schedules, living situation, or other safety concerns where appropriate.
Employees: EOCR and Employee Relations can inform you about on- and off-Grounds resources and Employee Relations can assist with changes to work schedules, parking, or other safety concerns where appropriate.
Informal Resolution
- What are the options for informal resolution?
Options include:
- a meeting between the respondent and you that is facilitated by a neutral third party
- coaching conversation/shuttle diplomacy (this involves EOCR relaying information or questions to the respondent without you being present)
- department training
These are just examples. Informal resolution can include other types of actions you or EOCR suggest that are intended to address the reported concerns.
- Am I required to seek informal resolution before I request an investigation?
No.
- Is the respondent required to participate in informal resolution?
No, but EOCR encourages them to participate. If your concerns are not addressed through the informal resolution process, you may choose to seek an investigation.
- What happens if informal resolution does not resolve my concerns?
If resolution is not reached or if the respondent fails to comply with the terms of any agreed to resolution, EOCR can move forward with an investigation if that is your preference. In addition, EOCR may proceed with an investigation if our office determines that further action is necessary at the conclusion of the informal resolution. EOCR will contact you to discuss next steps.
Formal Resolution
- What happens after I file a PADHR complaint?
EOCR will send an acknowledgment confirming that our office received the complaint. EOCR will evaluate whether the complaint allegations would be considered a potential violation of the PADH Policy and/or PAR Policy and notify you in writing of its decision. For purposes of the complaint evaluation, EOCR presumes that what you alleged is true.
- If the written complaint lacks sufficient information for EOCR to make this decision, EOCR will notify you and you will speak with an EOCR team member or investigator to provide the necessary information.
- If EOCR concludes that the complaint allegations would be considered a potential violation of the PADH Policy and/or PAR Policy, EOCR will notify you of that determination and will speak with you to confirm the specific factual allegations upon which the complaint is based and discuss the complaint process.
- If EOCR determines that your allegations do not constitute a potential violation of the PADH Policy and/or PAR Policy, the written notice will explain why and may inform you about other possible avenues to address the concerns.
- If EOCR concludes that the complaint allegations may fall within the scope of the Sexual Misconduct Policy rather than the PADH Policy or the PAR Policy, EOCR will refer the complaint to the Title IX/Sexual Misconduct team and notify you.
- For PADHR complaints that also include conduct that falls within the scope of the Sexual Misconduct Policy, EOCR will refer the complaint to the Title IX/Sexual Misconduct team and consult with the Title IX Coordinator. Generally, such complaints or reports will be investigated together under the appropriate complaint procedures unless the Title IX Coordinator determines that doing so would unduly delay resolution of the allegations under the Sexual Misconduct Policy. In these situations, EOCR will notify you which policies and procedures apply.
- How long does the complaint evaluation take?
EOCR will evaluate your complaint as soon as possible and provide updates if the evaluation may take more than two weeks to complete.
- How will EOCR communicate with me?
EOCR typically communicates by email. EOCR will usually conduct meetings or interviews using virtual technology, e.g., Zoom, or by phone.
- How will the respondent know that I filed a PADHR complaint?
EOCR will simultaneously email you and the respondent a written Notice of Investigation. This notice commences the investigative process.
- What is the evidentiary standard for an investigation?
The investigator will determine whether the respondent violated the PADH Policy and/or PAR Policy using the preponderance of the evidence standard, which means that the investigator will determine if the evidence shows that it is more likely than not that the respondent violated policy.
- What is included in the Notice of Investigation?
The Notice of Investigation includes the following information:
- the respondent’s name
- brief description of allegation(s), including dates
- summary of why the allegations fall within the scope of PADH Policy and/or PAR Policy
- notice that although EOCR found that you alleged sufficient information for the purpose of determining whether to proceed with an investigation, moving forward, the respondent is presumed not to have violated the PADH Policy and/or PAR Policy unless the preponderance of the evidence establishes that the respondent violated either or both policies
- the name of the assigned investigator(s)
- overview of the investigative process
- notice that you have the right to have an advisor of your choice attend any meeting or interview during the course of the investigation but the advisor cannot be an individual who will serve as a witness during the investigation
- notice that EOCR will not release detailed information or provide notice of the investigation, except to inform certain individuals who will assist with monitoring the environment for retaliation, or other individuals as necessary or required by the investigative process
- notice that the assigned investigator(s) will also seek to maintain the privacy of the matter
prohibition on retaliation under the PAR Policy - list of UVA resources
- next steps in the process
The respondent will also receive a Notice of Investigation that contains the same information and identifies you as the complainant.
- Who can be an advisor and what does the advisor do during the process?
The advisor can be anyone you choose (e.g., friend, colleague, mentor, attorney, parent, etc.) except any individual who will serve as a witness or potential witness. You can bring an advisor to any meeting or interview during the investigation. The advisor cannot speak on your behalf but they can observe and consult with you in meetings and interviews.
- Should I get an attorney to serve as my advisor?
UVA does not require you to retain an attorney to participate in the resolution process. Whether to hire a lawyer is a personal decision.
- What should I do to prepare for an investigation?
Please gather and preserve any evidence that you think is relevant to the case. This may include notes, emails, voicemails, text messages, photographs, videos, social media messages or posts, and any other information that you have. If you no longer have access to the information, please be prepared to share with the investigator the name of the individual(s) you believe has the information, e.g., Human Resources, a witness, or the respondent. In addition, please be prepared to share the names and contact information for any additional potential witnesses that you have not listed in your complaint.
- What happens during the investigation?
During the investigation, you and the respondent will have an equal opportunity to be heard, submit relevant information and corroborating evidence, identify witnesses who may have relevant information, and submit questions you believe should be directed by the investigator to the respondent and/or to any potential witness.
The investigator will request that you and the respondent submit all information you believe is relevant to your allegations. The investigation will include separately interviewing the parties and witnesses, reviewing relevant files, records, policies, and procedures, permitting the parties to provide additional information, following up with the parties as new evidence is collected, as appropriate, and/or comparing your treatment to that of others similarly situated.
At the conclusion of the investigation, the investigator will draft an investigative report that is confidential, which means that the report will not be shared with you, the respondent, or any witnesses.
- What is included in the investigative report?
The report lists the allegations and summarizes relevant information gathered, the investigator’s recommended findings regarding violation of policy, and the rationale for the investigator’s recommended findings.
If the investigator recommends a policy violation finding, the report will include recommended action items, such as targeted training or education and a recommendation to grant you relief, e.g., an accommodation.
The report may also include recommendations even where the investigator does not find that the policy was violated.
- How long will an investigation take?
EOCR strives to complete the investigation in 120 Business Days from the date of the Notice of Investigation. Business Days refer to the days between and including Monday through Friday, not including University holidays and weekends.
This timeframe may be extended for good cause, which may exist for various reasons, such as accounting for complexities of a case, including the number of witnesses and volume of information provided by the parties, accommodating the availability of witnesses, additional time being necessary to ensure the integrity and completeness of the investigation, or for other legitimate reasons. EOCR will notify the parties in writing of any extension of this timeframe.
- Who will be notified about the investigation?
In order to protect the privacy of the parties and confidentiality of the investigation, EOCR will not release detailed information or provide notice of the investigation, except to inform certain individuals who will assist with monitoring for retaliation, or other individuals as necessary or required by the investigative process, such as witnesses. The investigator will also seek to maintain the privacy of the matter and will only share information with UVA employees and individuals with a limited need to know, such as Employee Relations, Office of the University Counsel, Provost’s office, and department leadership.
For cases involving students, Care and Support Services will be notified so that they can provide support to student complainant and/or the student respondent.
For cases involving employees, Employee Relations and your manager will be notified so that they can assist in monitoring the environment for retaliation.
- What is the impact of UVA breaks on the timeframe?
The timeframe is based on Business Days, which does not include Academic Division UVA holidays or weekends. The investigation will continue even when school is not in session, except for Academic Division UVA holidays, such as Winter Break.
- What happens after the investigator completes their report?
EOCR will submit the confidential investigative report to the senior level executive responsible for reviewing PADHR reports. For employment matters, the executive is based on the respondent’s chain of command, or their designee.
- Student respondent: Vice President and Chief Student Affairs Officer
- Faculty: Executive Vice President and Provost
- Non-faculty UVA Academic Division employees who report to Executive Vice President: Executive Vice President
- Non-faculty UVA Academic Division employees: Vice President
- Medical Center employees: UVA Medical Center Chief Executive Officer, Wendy Horton
- UVA Wise employees (including faculty): Chancellor, UVA Wise
In very limited circumstances, EOCR reserves the right to identify an alternative executive as appropriate.
- What are potential outcomes after an investigation if the investigator recommends a policy violation finding and the executive affirms this finding? Will the respondent be expelled or fired from employment at the end of the investigation?
EOCR does not impose disciplinary action. If the executive affirms a finding that the PADH Policy and/or PAR Policy was violated, the executive will determine, potentially in consultation with other offices, what the sanctions are, and/or will refer the respondent to the relevant process to determine disciplinary action.
- May I appeal the executive’s decision?
No. The executive’s decision is final and not subject to appeal.
- I am concerned about retaliation. What do I do if I believe I am being retaliated against because I filed the complaint?
Retaliation is prohibited against individuals who complain, in good faith, about discrimination, harassment, or retaliation. Retaliation is also prohibited against individuals who assist or participate in the process to resolve such complaints, e.g., an investigative witness. EOCR takes all allegations of retaliation seriously and will take immediate action upon receipt of a report about potential retaliation. Please contact EOCR immediately to report any incidents or conduct that you believe may be retaliation so that EOCR can take appropriate action.