Information for Claimants

The word “Claimant” is used to describe an individual who may have experienced or is a victim of dating or domestic violence, sexual assault, or stalking, as well as discrimination, harassment, or retaliation. If you believe you have experienced any of these things, there are many resources available to help. The information provided below can help you understand your options and includes additional resources to assist you.

Please remember that dating or domestic violence, sexual assault, and stalking are criminal acts. You are NOT responsible for the actions of another person that violates your freedom. Sexual misconduct along with discrimination, harassment, or retaliation and are also violations of UVU policy.

If you have are the victim of sexual assault, sexual violence, stalking, or have experienced discrimination, harassment, or retaliation, UVU is here to help you. The university can implement certain supportive measures to protect you on campus and provide equal access to UVU services and programs during and after a university investigation.

What should I do if I am sexually assaulted?

 

  1. Assess your safety. If you are not safe, reach out to your trusted family member, support person, or call 911 immediately.
  2. Seek medical attention. Even though you may feel like you didn’t suffer significant physical injuries, you should consider getting checked out medically, including submission to the forensic evidence collection process. It is important to understand the risks of sexually transmitted diseases (STDs) and pregnancy from medical professionals. You can visit any nearby hospital Emergency Room who has staff specially trained to help in these situations. Please note the financial cost of this exam is not placed on you and is covered by the Utah Office for Victims of Crime in accordance with the Violence Against Women Act (VAWA).
  3. Consider preserving potential evidence. Even if you are unsure if you want to undergo the forensic evidence collection process, preserving potential evidence will be beneficial if you decide to pursue an investigation sometime in the future. Some helpful things to preserve include saving your clothes in a brown paper bag. If you do not have a brown paper bag, avoid using a plastic bag. Do not shower, wash yourself, brush your teeth, etc. 
  4. Know your reporting options.
    • UVU Equity & Title IX Office (801) 863-7999  email: [email protected]
    • University Police (801) 863-5555  email: [email protected]
    • Orem Police Department (801) 229-7070
    • Provo Police Department (801) 852-6210
  5. Remember that what happened was not your fault. You are not responsible for another’s act that violates your freedom.

 

Supportive Measures

 

Yellow trees against a blue sky

What are supportive measures?

If you have been impacted by sexual misconduct or discrimination, or you are a party to a sexual misconduct or discrimination proceeding, you can request supportive measures through the Equity & Title IX Office. Under UVU Policy, supportive measures are designed to address your safety and well-being and provide you with continued access to educational or employment opportunities.

How do I access supportive measures?

Speak with someone in UVU’s Equity and Title IX Office by:

What are some examples of supportive measures?

Examples of supportive measures include but are not limited to:

  • Crisis Counseling
  • Victim Advocates
  • Extensions of deadlines or other course-related adjustments
  • Modifications of work or class schedules
  • Campus escorts to class or your vehicle
  • Mutual restrictions on contact between the parties (No Contact Directive)
  • Increased security and monitoring of certain areas of the campus
  • Other similar measures, dependent on each situation

Do university supportive measures cost money?

It’s best to talk with our office about your specific situation. Most supportive measures come at no cost to you however, depending on your situation, you may incur some costs.

What are the limits of supportive measures?

Supportive measures are non-punitive and non-disciplinary. They do not punish individuals who have been impacted by sexual misconduct or discrimination or who have allegedly engaged in sexual misconduct or discriminatory behaviors. Supportive measures are not sanctions.

Can supportive measures be retroactive?

Supportive measures are often retroactive, meaning we can provide support even if the incident happened in the past. One example of a retroactive supportive measure would be if you missed a recent class or work due to a sexual misconduct incident, we may be able to work with your professor or supervisor to excuse those absences.

Do I need to file a formal complaint or participate in an investigation to receive supportive measures?

You can access supportive measures without filing a formal complaint or pursuing an investigation.

What is reporting a concern versus a formal complaint?

Reporting a concern is providing information regarding potential sexual misconduct or discrimination, while a formal complaint is a document filed by a claimant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that UVU investigate the allegation.

 

Additional Resources

 

 

 

What is Sexual Assault and Harassment?

 

What is Sexual Assault?

As defined in Policy 162, sexual assault refers to any sexual act directed against another person without the consent of the victim, including instances in which the victim is incapable of giving consent. Specific examples include:

  • Rape
  • Sodomy
  • Sexual assault with an object
  • Fondling
  • Incest
  • Statutory Rape

What is Sexual Harassment?

As defined in UVU Policy, sexual harassment is prohibited conduct on the basis of sex. Under Policy 162 and Title IX, the following types of conduct constitute sexual harassment and are prohibited:

  • Any instance in which an employee of the UVU conditions the provision of an aid, benefit, or service of UVU on an individual's participation in unwelcome sexual conduct
  • Any unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it denies a person equal access to a UVU program or activity
  • Any instance of sexual assault (read Clery Act), dating violence, domestic violence, or stalking (read VAWA) prohibited by law

 

 

How do I help someone who has been sexually assaulted?

  • Listen to and believe them. If someone tells you about their experience with interpersonal violence, recognize that it takes a lot of courage to come forward. Be fully present and listen to what they are saying without judgment and with empathy. Do not interrupt them, center the conversation on yourself, or tell them how to feel. There is no “right” way to deal with interpersonal violence. Many survivors decide against reporting an assault to the police for their own reasons. This is a valid choice and does not reflect the legitimacy of their experience.
  • Be there for the survivor in the capacity they need. Be sure to respond to what a survivor says they need. Ask how you can help, listen, and offer any other support you are qualified to provide. If a survivor is uncommunicative, remember that they are going through a lot and don’t take the lack of communication personally.
  • Know your limits. You don’t have to support a survivor alone and, in many cases, you can’t provide every type of support they need. Encourage the survivor to seek professional help that you are untrained/unable to provide such as therapy, community resources, and Title IX supportive measures.
  • Trust that they know what’s best for them. Don’t force a survivor to do what you believe is the right thing, no matter how good your intentions. Recognize their decisions as valid and remember that even if you have experienced interpersonal violence, it can be impossible to put yourself in your their place.
  • Maintain confidentiality. Refrain from telling others (friends, family, etc.) about what your friend disclosed, even if you think the survivor wouldn’t mind or the other party would not tell anyone. It’s the survivors' story to tell, and it’s important that they have control over when and how it is shared. Remember to never approach the alleged perpetrator for your safety, the survivor’s safety, and the safety of those around you.
  • Supporting a survivor of dating/domestic violence. It can be hard to watch a friend or loved one experience dating/domestic violence, but it’s important to stay connected and committed to help them, especially if they are still in the relationship. Abusers commonly isolate their victims from friends and support systems as a tactic to gain greater control over their victims and prevent them from leaving. Try to stay in touch and be available if/when your friend or loved one needs help or support. Always refrain from victim blaming or using judgmental language when discussing their situation.
  • For family members. It can be especially hard for survivors to tell parents and other family members about sexual assault because it involves an acknowledgment of sexual relationships. Be supportive and respectful of your loved one. Listen to them without judgment and with the intent of trying to understand what they are telling you. Do not judge or victim blame the survivor. The survivor is not at fault for what happened because of their other consensual sexual experiences, their decision to partake in alcohol/other substances, or their clothing choices that you may deem inappropriate. Recognize your loved one’s autonomy and don’t automatically assume that you know what is best.

Parties' Rights/Individual's Rights

 

Opportunities offered to Complainants or Respondents - who participate in an Equity or Title IX office process. 

Here’s what you can expect… 

  • Parties may provide evidence to the investigator (documents, notes, emails, letters, or anything else relevant to the facts). 
  • Parties may provide a written statement outlining the relevant facts or information they wish considered in the investigation. 
  • Parties may identify witnesses they would like interviewed. 
  • Parties may use the assistance of an advisor. 
  • Parties may request interim measures designed to eliminate the behavior/harassment, and to provide safety measures. 
  • A party who has been the victim of sexual assault may also pursue criminal charges. Pursing criminal charges may be in addition to filing with the Title IX office.  Filing with the Title IX office is not required prior to filing criminal charges and you can elect to pursue both avenues—criminal complaint and a Title IX office investigation. 
  • Withdraw a complaint or involvement from the process at any time. 

Rights of the Complainant – who participate in an Equity or Title IX office process.

Here’s what you can expect… 

  • Your wishes and autonomy will be respected. 
  • You will have your identity kept as private and confidential as requested, except when necessary to ensure the safety of any person or as necessary to carry out a Title IX proceeding. 
  • We will discuss the availability of supportive measures that are designed to address your safety, well-being and provide you with continued access to educational or employment opportunities. 
  • You will be given a clear choice about whether to file a formal complaint or proceed with an informal resolution. 
  • You will have the right to present your own evidence and witnesses. 
  • You will be told what the stated standard of evidence being used is.
  • You will be treated equitably and provided with remedies any time a respondent is found responsible.
  • You will have an equal right to appeal and will receive information about our appeal procedures. 
  • You will be provided with a fair and impartial grievance process, if you choose it. 
  • You will be protected from being coerced or threatened into participating in a grievance process. 
  • You will receive a written decision and rationale from the institution once the grievance process is completed. 
  • You will have the opportunity to review and respond to all available evidence in advance of the hearing. 
  • You will not be required to come face-to-face with the respondent during a hearing, we will provide alternative options. 
  • You will have the right to an advisor of your choosing who may or may not be an attorney. If you do not have an advisor, one will be appointed to assist you in the live hearing. 
  • You will have all relevant evidence objectively evaluated.