Complainants and Respondents are entitled to be accompanied and assisted by an advisor in all interactions involving the Policy, including the investigation interviews, and, if applicable, a subsequent Title IX hearing. Advisors may not actively participate in the process or speak on behalf of the Complainant or Respondent except as set forth in the applicable grievance procedures. Complainants and Respondents may choose but are not required to have an attorney serve as their advisor. Even if an attorney serves as an advisor, the attorney may not participate in the process or speak on behalf of the Complainant or Respondent except as set forth in the applicable grievance procedures.

UAB obtains “actual knowledge” of Prohibited Conduct when the Title IX Coordinator or a Deputy Title IX Coordinator receives a Report of Prohibited Conduct. For purposes of this Policy and its related procedures, the Title IX Coordinator and Deputy Title IX Coordinators are the only University officials who have authority to institute corrective measures under this Policy.

The term “coercion” means the use of expressed or implied threats or intimidation that would place a reasonable person in fear of immediate harm for the purpose of obtaining sexual favors. Threatening or intimidating behavior may include emotional abuse, threats to reputation, public humiliation, threats to others and possessions (including pets), or financial harm, among others.

An individual who is alleged to be the victim of Prohibited Conduct and is participating in or attempting to participate in UAB’s education programs or activities, including UAB’s academic, research, athletic, and clinical operations, or is employed by UAB.

(1) Any University employee who is a licensed medical, clinical, or mental health professional (e.g., physicians, nurses, nurse practitioners, physician’s assistants, psychologists, psychiatrists, professional counselors, and social workers, and those performing services under their supervision), when acting in that professional role in the provision of services to a patient (“health care provider”), (2) any University employee providing administrative, operational, and/or related support to such health care providers in the performance of such services; and (3) the University Ombudsperson or the UAB Medicine Provider Health Officer.

Confidential Employees may not report any information about an incident to the Title IX Coordinator without obtaining written permission to do so by the person who disclosed the information. Confidential Employees may have reporting obligations under state or federal law. For instance, healthcare providers are required to notify law enforcement when a victim seeks treatment for injuries related to a violent crime.

Similarly, all University employees are required to notify law enforcement when they receive a report of sexual abuse of a minor.

The term “consent” when describing different types of Prohibited Conduct under this Policy means a clear and unambiguous agreement, expressed outwardly through mutually understandable words or actions, to participate in the sexual act. While consent may be expressed by words or by actions, it is highly recommended that consent be expressed and obtained verbally. Non-verbal consent expressed through actions may lead to confusion and potential for misunderstandings, which may lead to a violation of this Policy. It is the responsibility of the initiator of any sexual activity to obtain consent. In evaluating consent, the University will consider whether the communication (through words and/or actions) between the parties would be interpreted by a reasonable person (under similar circumstances) as a willingness to engage in the particular act. Consent to any sexual activity must be freely given. Consent to a sexual act is not freely given if an individual is not capable of consenting, or if consent is obtained by force (or the reasonable belief of the threat of physical force, or when one person overcomes the physical limitations of another person), threats (words or actions that would compel a reasonable person to engage in unwanted sexual activity), deception, or coercion. A lack of verbal or physical resistance does not grant consent. Previous consent does not grant consent to future sexual acts. The existence of a prior or current relationship does not, in itself, constitute consent; even in the context of a relationship, there must be mutual consent. Consent can be withdrawn at any time during a sexual act. Inability to give consent includes situations where an individual is:

• Incapacitated due to alcohol, drugs, or other substances including, but not limited to, prescription medication.
• Unconscious, asleep, or in a state of shock.
• Under the age of consent as defined by the jurisdiction in which the act occurred, which, in Alabama, is less than 16 years of age.
• Mentally or physically impaired and not reasonably able to give consent.

The University has designated Deputy Title IX Coordinators who are trained to work with the Title IX Coordinator in assisting students and employees with concerns, Reports, and/or Formal Complaints of Prohibited Conduct, and directing them to needed resources. They notify the Title IX Coordinator of all concerns, Reports, and/or Formal Complaints of Prohibited Conduct they receive and work closely with the Title IX Coordinator in investigating and promptly responding to all such concerns, Reports, and/or Formal Complaints. The Deputy Title IX Coordinators assist with identifying and providing Supportive Measures that a party may need during the investigation of a Report or Formal Complaint. The Deputy Title IX Coordinators may serve as a designee for the Title IX Coordinator in any case where a conflict of interest exists that may prohibit the Title IX Coordinator from providing fair and impartial oversight.

All Reports and Formal Complaints should be made in good faith, meaning the individual making the Report or Formal Complaint has a reasonable belief that the allegations are true and relate to a potential violation of University policy.

A Report or Formal Complaint made in bad faith is one that is intentionally dishonest, frivolous, or malicious. When a Report or Formal Complaint is made in bad faith, it may deter other individuals from filing good faith Reports, unnecessarily expend University and law enforcement resources, distract University and law enforcement officials from investigating good faith Reports, and cause harm to the alleged Respondent and the community.

It is a violation of this Policy to report intentionally dishonest, frivolous, or malicious allegations of Prohibited Conduct or make a materially false statement in bad faith in the course of an investigation or adjudication of a Formal Complaint.

An official document filed by a Complainant with the Title IX Coordinator or signed by the Title IX Coordinator alleging Prohibited Conduct against a Respondent and requesting that the University investigate and resolve the alleged Prohibited Conduct. To file a Formal Complaint, a Complainant must be participating in, or attempting to participate in UAB’s education programs or activities, including UAB’s academic, research, athletic, and clinical operations, or employed by UAB. Formal Complaints cannot be made anonymously except for Formal Complaints filed by the Title IX Coordinator when the Title IX Coordinator believes that with or without the Complainant’s willingness to participate in a grievance process, it would be clearly unreasonable in light of known circumstances not to address the Formal Complaint.

A person who conducts the investigation of a Formal Complaint involving a potential violation of this Policy. One or more investigators may be assigned to conduct the investigation. Investigations involving students may include assistance from the Office of Community Standards and Student Accountability. Investigations involving employees may include assistance from UAB Human Resources.

The University has jurisdiction to address, investigate and adjudicate Reports and Formal Complaints of Prohibited Conduct when the University has control over the Respondent and the conduct occurs in the course of a UAB employment or educational program or activity, including UAB’s academic, research, athletic, and clinical operations. This Policy applies to all UAB students, residents, employees, post-doctoral researchers, patients, visitors, and to others, as appropriate, with respect to education programs and activities occurring on University premises or property and/or in University-related activities occurring off-campus (but does not apply to University programs or conduct occurring outside the United States). This Policy also applies to the activities of University-recognized student organizations, including, but not limited to, fraternities, sororities, social clubs, and organizations including any building owned or controlled by a recognized student organization. It also applies to persons conducting business with or visiting the University, even though such persons are not directly affiliated with the University.

This Policy applies to acts of Prohibited Conduct committed by or against students, employees, and third parties of which the University has Actual Knowledge and when:

• The conduct occurs on campus or property owned or controlled by the University;
• The conduct occurs in the context of the University’s employment or education programs or activities, including, but not limited to, research, on-line, academic or professional conferences, or internship programs; or
• The conduct occurs outside the context of the University’s employment or education programs or activities, but the Complainant has to interact with the Respondent while on campus or property owned or controlled by the University or in any employment or education program or activity or where the effects of the underlying Prohibited Conduct creates a hostile environment in the Complainant’s workplace or educational environment.

Includes (1) pregnancy, childbirth, termination of pregnancy, or lactation; (2) medical conditions related to pregnancy, childbirth, termination of pregnancy, or lactation; or (3) recovery from pregnancy, childbirth, termination of pregnancy, lactation, or related medical conditions.

The standard of proof used to investigate and adjudicate Formal Complaints of Prohibited Conduct. This standard requires that “it is more likely than not” that the Prohibited Conduct occurred.

Conduct that includes, but is not limited to, sex discrimination, sexual harassment, false allegations or statements relating to the Title IX process, and/or retaliation.

A person using average care, intelligence, and judgment in the known circumstances.

Material is considered relevant if it relates to the allegations of sex discrimination under investigation. Questions are relevant when they seek evidence that may aid in showing whether the alleged sex discrimination occurred, and evidence is relevant when it may aid a decisionmaker in determining whether alleged sex discrimination occurred.

An individual who has been alleged to have engaged in Prohibited Conduct.

Intimidation, threats, coercion, or discrimination against any person by UAB, a student, or an employee or other person authorized by UAB to provide aid, benefit, or service under UAB’s education program or activity (including in UAB’s academic, research, athletic, and clinical operations), for the purpose of interfering with any right or privilege secured by Title IX, or because the person has reported information, made a complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under the Title IX grievance procedures, and in any other actions taken by UAB to respond to allegations of Prohibited Conduct.

Examples of retaliatory actions include: Suspension, demotion, or termination in the employment context; changing work schedules, duties, or assignments; denying funding; interfering with or impacting immigration status; lowering a grade or dismissing a student from a program; or maliciously and purposefully interfering with, threatening, or damaging the academic or professional career of another individual before, during, or after the investigation and resolution of a Report or Formal Complaint of Prohibited Conduct.

The exclusion from participation in, denial of benefits from, or subjection to unfavorable treatment in any University educational or employment-related program or activity on the basis of sex. Sex discrimination also includes discrimination on the basis of pregnancy or related conditions.

Sexual harassment is a form of sex discrimination and means sexual harassment on the basis of sex. Sexual harassment includes harassment in the form of:

1. Quid pro quo harassment: A University employee makes submission to or rejection of unwelcome sexual conduct, either explicitly or implicitly, a term or condition of a person’s employment, academic standing, or participation in any University programs and/or activities or is used as the basis for University decisions affecting the individual (often referred to as “quid pro quo” harassment); or
2. Hostile environment harassment: Unwelcome conduct based on sex that is determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s educational programs or activities or creates a hostile working environment1; or
3. Specific Offenses:
• Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Dating violence: Violence committed by a person who is or has been in a social or “dating” relationship of a romantic, intimate, and/or sexual nature with the victim. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse, but it does not include acts covered under the definition of domestic violence.
• Domestic violence: Violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of Alabama, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of Alabama.
• Non-consensual sexual intercourse: Any sexual intercourse whether anal, oral, or vaginal (or an attempt to commit the same), no matter however slight, with any object, by a person upon another person, and without that person's consent or by physical force. Intercourse is 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)
• Non-consensual sexual contact: Any intentional sexual touching (or an attempt to commit the same), however slight, for purposes of sexual gratification, with any object, or by person upon another person, and without consent or by physical force.
  • i. Sexual touching is any intentional contact for purposes of sexual gratification with the breasts, buttocks, groin, or genitals; or touching another with any of these body parts for sexual gratification; or making another touch you or themselves with or on any of these body parts for sexual gratification; or any intentional bodily contact for sexual gratification not involving these body parts.
• Sexual exploitation: Taking non-consensual or abusive sexual advantage of another for one’s own advantage or benefit or to benefit a person other than the one being exploited. Examples of sexual exploitation include, but are not limited to:
  • Exposing one’s genitals in non-consensual circumstances;
  • Exceeding the boundaries of explicit consent, such as allowing others to hide in a closet to watch one’s consensual sexual activity;
  • Engaging in voyeurism (“Peeping Tom”) or facilitating voyeurism by others;
  • Non-consensual video or audio recording of sexual activity;
  • Prostituting another student or employee;
  • Knowingly transmitting a sexually transmitted disease/infection to another individual; and/or
  • Sharing intimate images (including authentic images and images that have been altered or generated by artificial intelligence (AI) technologies) without consent for someone’s benefit other than the one being exploited.
• Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for his or her safety or the safety of others; or (b) suffer substantial emotional distress.
  • 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.
  • Reasonable person: Means a reasonable person under similar circumstances and with similar identities to the victim.
  • Examples of stalking include but are not limited to: cyberstalking; following another person; lying in wait; engaging in excess communications, including any attempt to intentionally and repeatedly make contact with a person over their stated objections for the purpose of harassing or alarming them; or threatening a person or a person’s family, friends, or property.
• Statutory rape: Sexual intercourse with a person who is under the statutory age of consent.

Any person who has applied for admission to, been admitted to, or is enrolled at the University, and is pursuing undergraduate, graduate, or professional studies, whether in a full-time or part-time status, as well as any person attending classes on campus, online, or off campus. For purposes of this policy, residents, postdoctoral scholars, and fellows are considered to be employees. A student is also:

• Any person who is not officially enrolled for a particular term, but has a continuing relationship with the University;
• Any person who is admitted and participating in orientation;
• Any person who has completed an academic term and can be reasonably expected to enroll the following term; and/or
• Any person who attended the University during a previous academic term and who committed an alleged violation of the Code during the time of enrollment.

Any group of students that has complied with the University’s requirements for registration as a student organization.

Supportive Measures are non-disciplinary, non-punitive individualized services offered to the Complainant and the Respondent.

Supportive Measures are designed to restore or preserve equal access to UAB’s employment, educational programs, or activities for a Complainant and a Respondent in order to protect the safety of involved parties.

Supportive Measures include but are not limited to:

• Campus escort services,
• Changes in work or housing locations,
• Extensions of deadlines or other course-related adjustments,
• Increased security and monitoring of certain areas of the campus,
• Leaves of absence,
• Modifications of work or class schedules,
• Mutual No contact Order
• Provide guidance on institutional resources related to visa and immigration status,
• Referrals to counseling
• Any other measures tailored to achieve the goals of the Title IX Policy.

An allegation made verbally or in writing by any person alleging Prohibited Conduct against a Respondent. The person making a Report of Prohibited Conduct need not be the alleged victim of the Prohibited Conduct. Reports may be made anonymously as outlined in Section VI of this Policy.

The University has a designated Title IX Coordinator who oversees the implementation and enforcement of this Policy, including the implementation of Supportive Measures, compliance with applicable rules and regulations, and coordination of communications between campus and community partners.