2024 ANNUAL SECURITY & FIRE SAFETY REPORT
2024 ANNUAL SECURITY & FIRE SAFETY REPORT
TABLE OF CONTENTS
- Overview
- Police Authority & Jurisdiction by Campus
- Daily Activity (Crime) Log
- Reporting Active Crimes & Emergencies
- Other Crime Reporting Options
- Personal Safety & the Safety of Others
- Crime Prevention
- Security of & Access to Campus Buildings & Grounds
- Campus Safety Alerts
- Campus Security Policies
- Nondiscrimination & Anti-Harassment Policy
- Violence Against Women Act (VAWA)
- Disciplinary Procedures
- University Response to Reports of Sexual Assault, Dating Violence, Domestic Violence & Stalking
- Disciplinary Procedures Related to Sexual Assault, Dating Violence, Domestic Violence & Stalking
- Victims' Rights to Disciplinary Information
- Title IX Procedures
- Dean of Students Procedures
- Disciplinary Sanctions
- Alcohol & Drug Use Policies
- Crime Statistics (including Criminal Offenses, VAWA Crimes, Arrests & Disciplinary Referrals, Hate Crimes, and Unfounded Crimes)
- Fire Safety Report for Main Campus
- Additional Resources
- Appendixes
- Appendix A: University of Arizona Nondiscrimination and Anti-Harassment Policy [HR-200E]
- Appendix B: 2020 Interim Procedures for Formal Complaints of Title IX Sexual Harassment
- Appendix C: 2024 Procedures for Formal Complaints of Title IX Sex Discrimination Disciplinary Procedures- Full Policy
- Appendix D: Student Code of Conduct Disciplinary Procedures
- Appendix E: Interim Protocols for Student Code of Conduct Procedures Involving Allegations of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking
OVERVIEW
The Jeanne Clery Disclosure of Campus Security Policy & Crime Statistics Act
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) is a federal consumer protection law requiring colleges and universities to disclose campus security information.
All postsecondary institutions that receive federal Title IV funding must comply with the Clery Act including requirements to:
- Provide prevention and awareness programming.
- Devise an emergency response, notification, and testing policy.
- Enact policies and procedures to handle reports of missing students.
- Disclose procedures for student disciplinary actions.
- Issue campus alerts and timely warning notices.
- Maintain a Daily Crime Log.
- Publish an Annual Security Report (ASR).
- Compile and report fire data to the federal government and publish an Annual Fire Safety Report for campuses with on-campus student housing facilities.
- Disclose crime statistics for incidents that occur on campus, in unobstructed public areas immediately adjacent to or running through the campus, and at certain non-campus facilities.
The university community plays a role in maintaining a safe and welcoming campus. The spirit of the Clery Act is direct: knowledge is power. By equipping students, employees, and members of the public with information about safety policies, procedures, and potentially dangerous situations on campus, they can make informed decisions and take necessary steps to remain safe.
Preparation of the Annual Security & Fire Safety Report
The University of Arizona, in compliance with the Clery Act and the Higher Education Opportunity Act, publishes this report to provide its students, employees, and community with an overview of the university's security and safety resources, policies, and procedures. These policies and procedures are subject to change at any time.
The 2024 University of Arizona Security and Fire Safety Report has been prepared by the University of Arizona University Compliance Office in collaboration with the University of Arizona Police Department (UAPD) with additional support from university departments and offices including: the Office of Institutional Equity, the Dean of Students Office, Housing & Residential Life, Human Resources, Risk Management, and Public Safety. The report provides important safety information consistent with the standards outlined in the Clery Act. It contains statistics for the previous three (3) years of reported crimes that occurred on the university’s Main Campus, the College of Applied Sciences & Technology (CAST) Sierra Vista campus, the College of Veterinary Medicine (CVM) Oro Valley campus (2023 statistics only), and Phoenix Bioscience Core (PBC) campus, and in certain off-campus buildings or property owned, leased, and/or controlled by the university. The statistics included have been compiled using data provided by UAPD including anonymous reports and calls for service, reports received via Campus Security Authority reporting, and public records requests sent to local law enforcement agencies with jurisdiction over university owned or controlled facilities. University policies that address safety, security, fire, sexual assault, domestic violence, dating violence, stalking, and alcohol/drug use are also included.
Unless otherwise noted, the information contained in this report, including University of Arizona programs, policies, and procedures applies to all university campuses.
In addition to the Annual Security Report, the Clery Act also requires the university to produce a Fire Safety Report for any campuses with on-campus student housing facilities. Located in Tucson, AZ, Main Campus is currently the only University of Arizona campus with residential student housing facilities.
How to Obtain a Copy of the Report
The university distributes a notice of the availability of the Annual Security Report (ASR) no later than October 1 of each year to members of the university community, including all students and employees, via their official university email account. Paper copies of the report can be obtained by contacting the University Compliance Office via email at CleryAct@arizona.edu.
For additional information about the U.S. Department of Education’s Campus Security regulations and resources, visit the US Department of Education website.
About the University of Arizona's Campuses
The Clery Act requires the university to provide an Annual Security Report for each campus, including the Main Campus and any other locations that meet the definition of a Clery separate campus. The 2024 Annual Security Report includes information on the following four University of Arizona campuses. For more information about the University of Arizona, please visit the Interactive Fact Book.
Main Campus
The University of Arizona’s Main Campus is located in Tucson, AZ and includes nearly 16,000 employees and over 40,000 undergraduate and graduate students. Main Campus is currently the only university campus with on-campus student housing facilities, serving nearly 8,000 student residents.
College of Applied Science & Technology (CAST) Campus
Located in Sierra Vista, AZ, the College of Applied Science & Technology is the primary source of Bachelor of Applied Science degrees at the University of Arizona. Throughout this report, this campus is referred to as both the College of Applied Science & Technology campus and the CAST campus. The CAST campus does not have on-campus student housing facilities.
College of Veterinary Medicine (CVM) Campus
Located in Oro Valley, AZ, the College of Veterinary Medicine serves as the primary facility during the first two years of preclinical education for students in the Doctor of Veterinary Medicine program. Throughout this report, this campus is referred to as both the College of Veterinary Medicine campus and the CVM campus. The CVM campus does not have on-campus student housing facilities.
Phoenix Bioscience Core (PBC) Campus
In collaboration with Arizona State University, Northern Arizona University, and numerous bioscience and research companies, the University of Arizona is a part of the Phoenix Bioscience Core, an initiative that brings bioresearch and education to downtown Phoenix. Several colleges are part of the Phoenix Bioscience Core including the College of Medicine-Phoenix, Eller College of Management, College of Pharmacy, Mel and Enid Zuckerman College of Public Health, College of Nursing, and the Telemedicine Program. Throughout this report, this campus is referred to as both the Phoenix Bioscience Core campus and the PBC campus. The PBC campus does not have on-campus student housing facilities.
POLICE AUTHORITY & JURISDICTION BY CAMPUS
Main Campus: Authority & Jurisdiction
University of Arizona Police Department (UAPD) officers are duly sworn peace officers under Arizona Revised Statutes 1-215 and 13-3871 with the authority to carry firearms, enforce state laws, issue citations, and make arrests across the State of Arizona. As officers employed by the university, they also have the authority to enforce institutional policies.
UAPD provides comprehensive law enforcement services 24 hours a day, 365 days a year. Officers routinely patrol the campus by foot, bicycle, and vehicle. UAPD officers work primarily on property controlled by the Arizona Board of Regents (ABOR), but maintain a concurrent patrol boundary and working agreement with the Tucson Police Department, who also has arrest authority. Officers are encouraged to pursue alternatives to physical arrest for misdemeanor offenses, when appropriate. Alternatives may include the use of warnings, the University of Arizona Student Diversion program, and “cite and release.” Non-students are ineligible for University of Arizona Diversion and will be warned, cited, or physically arrested for criminal activity.
UAPD’s primary patrol jurisdiction is the university’s Main Campus. The general boundaries of the Main Campus are: Eighth Street to the south; Euclid Avenue to the west; Lester Street to the north; and Campbell Avenue to the east. Through a mutual aid agreement with the Tucson Police Department (TPD), all non-campus property that is owned and/or controlled by officially recognized student organizations also falls within UAPD jurisdiction. UAPD monitors, responds to, and documents crimes committed at these locations.
UAPD also employs unarmed University Safety Aides and Student Safety Aides to assist with campus security. Aides prepare reports for minor incidents, provide basic emergency services, and assist police officers as needed; they do not have arrest authority.
UAPD is accredited through the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA), the International Association of Campus Law Enforcement Administrators (IACLEA), and the Arizona Law Enforcement Accreditation Program (ALEAP). These voluntary programs provide approval earned through diligent evaluation based on stringent standards set by the accrediting entities. Accreditation requires UAPD to commit to ongoing self-study, external reviews, and the continuous pursuit of enhancements designed to raise the quality and professionalism of the department.
University of Arizona Police Department: Support for Connecting with Local Law Enforcement Jurisdictions [All Campuses]
While other local law enforcement agencies have primary jurisdiction for the CAST, CVM, and PBC campuses as described below, UAPD can support any student or employee in connecting with the appropriate local law enforcement agency with jurisdiction in their area. For support, students and employees may contact UAPD by calling the department’s non-emergency line at (520)621-8273.
College of Applied Science & Technology Campus: Authority & Jurisdiction
The Sierra Vista Police Department (SVPD) has primary jurisdiction for all law enforcement matters occurring on the CAST campus and arrest authority. The CAST campus is regularly patrolled by Canyon Security, unarmed private security officers. The security officers do not have arrest authority. Canyon Security officers work in partnership with the SVPD. When an incident is reported to a security officer, SVPD is contacted, and the incident is reported to UAPD for statistical reporting and determination of whether a timely warning to the community is necessary.
Incident reports for the Sierra Vista community are available by visiting the SVPD's website.
The CAST campus does not have on-campus student housing facilities or any officially recognized student organizations that maintain noncampus living facilities to be monitored.
College of Veterinary Medicine Campus: Authority & Jurisdiction
The Oro Valley Police Department (OVPD) has primary jurisdiction for all law enforcement matters occurring on the College of Veterinary Medicine (CVM) campus. The CVM campus does not have campus police or security personnel on site. The business park in which the CVM campus is located is patrolled by the Oro Valley Police Department, who has arrest authority.
OVPD are first responders when 9-1-1 is dialed from the CVM campus. When an incident is reported to OVPD, their practice is to also report the incident to the University of Arizona Police Department (UAPD). When contacted, UAPD officers will be dispatched to the OVM campus and will also include this information in statistical reporting and evaluate and make a determination of whether a timely warning to the community is necessary.
The CVM campus does not have on-campus student housing facilities or any officially recognized student organizations that maintain noncampus living facilities to be monitored.
Phoenix Bioscience Core Campus: Authority & Jurisdiction
The Phoenix Police Department Central City Precinct has primary jurisdiction for all law enforcement matters occurring on the Phoenix Bioscience Core (PBC) campus and arrest authority. The PBC campus is patrolled 24/7 by University of Arizona Security personnel, unarmed security officers who do not have arrest authority.
When a possible crime is reported to a security officer, they will ensure the Phoenix Police Department (PPD) is contacted. For Clery reportable crimes, the incident will be reported to the University of Arizona Police Department (UAPD) for statistical reporting and determination of whether a timely warning to the community is necessary.
When a crime is reported to a security officer, the officer will encourage and assist a victim to report the incident to the local police department if they so choose. The information is recorded in the daily crime log, and UAPD is notified for statistical reporting and determination of whether a timely warning to the community is necessary. Campus security can be contacted at (602)827-2368.
An officer from PPD is assigned to the campus and is available on an as-needed basis. PBC campus administration maintains a close relationship with PPD.
The PBC campus does not have on-campus student housing facilities or any officially recognized student organizations that maintain noncampus living facilities to be monitored.
Agreements with Other Law Enforcement Agencies
UAPD works closely with the Tucson Police Department (Main Campus), Sierra Vista Police Department (CAST campus), Oro Valley Police Department (CVM campus), Phoenix Police Department (PBC campus), Pima County Sheriff’s Department, Pima County Attorney’s Office, United States Forest Service, and Arizona Department of Public Safety. Arizona Revised Statute 13-3872 permits mutual aid agreements between all enforcement agencies.
Intergovernmental agreements allow UAPD to work with all Southern Arizona law enforcement agencies to effectively investigate alleged crimes and adequately address emergencies.
UAPD has also developed relationships with an extensive network of individuals and agencies across the community to support individuals who are affected by crime including the Pima County Attorney's Victim Services and other trained and experienced professionals in crisis intervention and victim welfare. Additional information about UAPD and how they work to ensure a safe environment at the university is available on UAPD’s website.
DAILY ACTIVITY (CRIME) LOGS
Main Campus
UAPD maintains a daily log documenting all crimes reported, including reports made to university Campus Security Authorities. Information in the log includes:
- Case Number
- Report Date & Time
- Offense Date & Time
- Nature of Crime
- Street Address
- General Location
- Disposition
Paper copies of crime logs can be accessed in-person by visiting the UAPD station located at 1852 E. First St., Tucson, AZ. The UAPD Daily Activity (Crime) Log can also be viewed online.
College of Applied Science & Technology Campus
The CAST campus maintains a daily crime log documenting all crimes reported, including reports made to university Campus Security Authorities. Information in the log includes:
- The date the crime was reported
- The date and time the crime occurred
- The nature of the crime
- The general location of the crime
- The disposition of the complaint, if known
A paper copy of the daily crime log is kept in the Facilities Management office in Building ATB-A, Room A128 and can be viewed by contacting Building Manager, Duane Dugie, at ddugie@arizona.edu.
Incident reports for the Sierra Vista community are available by visiting the Sierra Vista Police Department’s (SVPD) website. Crime reports for Sierra Vista can be requested by contacting the SVPD at (520)452-7500.
College of Veterinary Medicine Campus
The CVM campus does not have a police or security department and does not maintain a daily crime log.
Incident reports for crimes occurring on the CVM campus or within the Oro Valley community are available through the Oro Valley Police Department (OVPD). Public records requests, including incident reports, can be made online at the OVPD website.
Phoenix Bioscience Core Campus
The Phoenix Police Department (PPD) has jurisdiction for all law enforcement matters occurring on the PBC campus. PPD has publicly accessible crime statistics and maps on the PPD Crime Statistics & Maps website.
UA Security on the PBC campus maintains a daily log documenting all crimes reported, including reports made to university Campus Security Authorities. Information in the log includes:
- Case Number
- Report Date & Time
- Offense Date & Time
- Crime Code & Definition (Type of Crime)
- Street Address
- Premise Code Definition (e.g., on-campus, private property, etc.)
- Date Cleared
- Clearance Code Definition
A log of incidents reported to campus security officers is available for review at the front desk of the Health Science Education Building (HSEB), 435 N 5th Street, Phoenix, AZ.
REPORTING ACTIVE CRIMES & EMERGENCIES
Per UAPD Policy 17.1, the University of Arizona and the University of Arizona Police Department encourage all students, faculty, staff, and campus visitors to report all crimes and suspicious activity accurately and promptly to UAPD or other local law enforcement with jurisdiction.
When a crime victim elects to, they are strongly encouraged to promptly and accurately report all crimes to the respective agency. Knowledgeable parties are encouraged to report crimes against victims who are unable to do so themselves. Crimes and other emergencies can be reported to UAPD 24 hours a day.
Reporting Emergencies to 9-1-1
For emergencies and crimes in progress on any University of Arizona campus, call or text 9-1-1. If you have a hearing impairment and need to report an emergency or need information or other police services, Text-to-9-1-1 and TTY devices are available.
Provide the dispatcher with accurate, detailed information about the incident. Stay on the phone until the dispatcher or police officer tells you it is okay to hang up. The information you provide will be immediately relayed to emergency personnel and/or police officers.
Once on the scene, a police officer (including University Safety Aide/ Student Safety Aide, if on Main Campus) will take a police report, provide assistance, and summon additional personnel/resources, if necessary. While officers prefer to meet with individuals in person, a telephone report may be necessary if the victim/reporting party is not able to meet with the officer. Response priority is given to reports that appear to threaten the life or safety of people, the security of property, and the peace of the community.
Police Department Contact Information by Campus
Campus Name | Police Department | Emergency Reporting Phone Line | Non-Emergency Reporting Phone Line | Location for In-Person Reporting |
---|---|---|---|---|
Main Campus (Tucson) | University of Arizona Police Department | Call or Text 9-1-1 | (520) 621-8273 or (520) 621-UAPD | 1852 E First St. Tucson, AZ 85721 |
CAST Campus (Sierra Vista) | Sierra Vista Police Department | Call or Text 9-1-1 | (520) 458-3311 | 911 N Coronado Dr. Sierra Vista, AZ 85635 |
CVM Campus (Oro Valley) | Oro Valley Police Department | Call or Text 9-1-1 | (520) 229-4900 | 11000 N La Canada Dr. #7016 Oro Valley, AZ 85737 |
PBC Campus (Phoenix) | Phoenix Police Department- Central City Precinct | Call or Text 9-1-1 | (602) 495-5005 | 1902 S 16th Street Phoenix, AZ 85034 |
Third Party Reporting
If a victim is unable or elects not to report, a third party may make the report. If you are reporting a medical problem, ask someone to monitor the victim’s condition so you can relay the information to the dispatcher.
When you have witnessed a crime, report it as soon as possible; do not assume someone else has reported it. Provide the dispatcher with accurate, detailed information about the incident. Stay on the phone until the dispatcher or police officer tells you it is okay to hang up. The information you provide will be immediately relayed to emergency personnel and/or police officers.
Texting 9-1-1 in Arizona: Call If You Can. Text If You Can't.
Communication centers across Arizona have integrated texting into their 9-1-1 answering system, allowing individuals in need of emergency services to reach a dispatcher via text when calling is not an option due to an emergency, or for those who are deaf, hard of hearing, or speech disabled. The same 9-1-1 professionals that process voice calls assist with 9-1-1 text sessions. If a person needs help but is unable to speak, or they cannot speak safely, they can text 9-1-1 using their mobile phone. To initiate a text to 9-1-1, enter 9-1-1 in the “To” field and enter the location and nature of the emergency in the text field.
Traditional 9-1-1 voice calls are still preferred since they are the most effective way for dispatchers to gather information and field emergency calls.
It is important to know the limitations of the text to 9-1-1 system:
- Know and provide your location. The most important piece of information to provide is your location, followed by what is happening.
- You cannot text 9-1-1 with a 9-1-1 only phone.
- A text from an internet messaging program will not work for 9-1-1.
The preferred language for text is English due to limited translation services.
Emergency & Elevator Phones
The UAPD, in cooperation with other university departments, supports a network of telephones dedicated to emergency communications which directly link the caller to the UAPD Dispatch Center via the 9-1-1 system.
On Main Campus, blue light emergency phones are connected directly to the UAPD Dispatch Center where the call is considered a 9-1-1 call. The location of the activated phone appears on the dispatcher’s call mapping display to assist the dispatcher in directing the responding officer(s) to the correct location. When these calls are received, the dispatcher will assign the call in accordance with existing dispatch protocols. See UAPD Policy 11.1-Dispatch for more information.
Emergency blue light phones are identifiable by the word “EMERGENCY” printed on the sides of each unit. A blue light is mounted above each phone to make it easily seen at night.
The UA Blue Light Map for Main Campus can be found online.
The University of Arizona has also installed emergency telephones in all Main Campus elevators. While these phones are not considered “blue light phones,” they provide emergency contact directly to UAPD and come in various configurations. Elevator emergency phones are each labeled as “Emergency Telephone.” UAPD responds to calls from elevator phones in the same manner as they do for blue light telephones.
The CAST Sierra Vista campus has emergency blue light telephones that contact Southeast Arizona Command, the local command center for emergencies in Southern Arizona.
The College of Veterinary Medicine campus has an emergency blue light system in place that provides emergency contact directly to the Oro Valley Police Department.
Blue light phones are also located at the Phoenix Bioscience Core campus with a direct line to the campus's third party dispatch system which will notify appropriate authorities and campus security.
OTHER CRIME REPORTING OPTIONS
Online Reporting with UAPD
You can file a report for certain incident types including: annoying/harassing communications, graffiti/vandalism, lost property, private property motor vehicle accidents, stolen property, or bicycle or motor vehicle parts theft using UAPD’s online crime reporting system.
Please note that if the incident has a known suspect, involves a hate crime, violence, theft, damages in excess of $5,000, or involves items taken from a dorm room or fraternity/sorority residence room, you will need to speak with a UAPD official by calling (520)621-8273.
Reporting Lost or Stolen University Data
If you lose a work or personal device such as a laptop, tablet, smart phone, etc. that accessed or contains university data, please report the theft or loss to the law enforcement agency of jurisdiction where the theft or loss occurred and fill out the Report a Lost or Stolen Device questionnaire on UAPD’s website. Completing this form will not report lost or stolen items to the police. You must contact your local law enforcement agency to report lost or stolen items.
Reporting Concerning or Threatening Behavior
Everyone at the University of Arizona has a role to play in preventing campus violence. Members of the University of Arizona’s multi-disciplinary Threat Assessment and Management Team (TAMT) work together in evaluating and responding to threatening or potentially violent situations. The TAMT depends on the campus community for early reporting of any concerning behavior. Quick reporting of troublesome behaviors, escalating conflicts, and potentially violent situations is critical. TAMT is available to provide assistance to students, parents, employees, and community members regarding threatening or disruptive behavior.
What is threatening behavior?
Any statement, communication, conduct, or gesture directed toward any member of the campus community or others which causes reasonable apprehension or fear of physical harm; a threat can be towards people or property.
If you have an encounter with someone that leaves you frightened or in fear for your personal safety, it should be taken very seriously. If you feel you are in imminent danger, never hesitate to call 9-1-1.
If you do not know for certain if a situation poses a threat, but you are fearful, fill out the TAMT Incident Report and notify a supervisor (if applicable).
If there is not an imminent danger or threat to you or those around you, but you think a person is troubled or having personal issues or experiencing problems related to work or school, refer to the appropriate campus support service:
- Counseling and Psychological Services – (520)621-3334
- Dean of Students Office – (520)621-7057
- Life & Work Connections – (520)621-2493
- UAPD – (520)621-8273
- Human Resources
- Main Campus: (520)621-3660
- Tucson Health Sciences (520)626-5593
- Phoenix Health Sciences (602)827-2153
Preferred Receivers of Clery Act Crime Reports
There are multiple options if an individual needs information and assistance or wants to report that a Clery Act crime has occurred. The following offices are considered preferred receivers of reports of Clery Act crimes for the purposes of making timely warning notifications and annual statistical disclosure.
Name | Phone | Hours | |
---|---|---|---|
University of Arizona Police Department (UAPD) |
9-1-1 (emergency, on-campus) (520) 621-8273 (non-emergency) |
N/A |
24 hours a day 7 days a week |
Office of Institutional Equity (OIE) | (520) 621-9449 | equity@arizona.edu |
8:00am - 5:00pm Monday - Friday Online reporting available for incidents of sex-based discriminatory conduct, including sexual assault, stalking, and intimate violence or other discriminatory conduct. |
Dean of Students Office (DOS) | (520) 621-7057 | dos-deansofstudents@arizona.edu |
8:00am - 5:00pm Monday - Friday Online reporting available for incidents of Student Code of Conduct violations |
Office of Public Safety (OPS) | (520) 621-4677 | publicsafety@arizona.edu |
8:00am - 5:00pm Monday - Friday |
Campus Security Authorities (CSAs)
While the university has identified the above units as the preferred places where campus community members should report crimes, victims and witnesses sometimes tell someone else. The Clery Act designates those individuals with significant responsibility for student and campus activities as Campus Security Authorities (CSAs). CSAs have a unique reporting responsibility that includes the timely completion and submission of a Campus Security Authority Reporting Form when they become aware of an incident. CSAs can complete the CSA Reporting Form through the University of Arizona Clery Act website.
Individuals identified as CSAs can include, but are not limited to, personnel in: UAPD or campus security personnel, Human Resources, Dean of Students Office, Housing & Residential Life, Department of Intercollegiate Athletics, the Office of Institutional Equity, and any other university official who has the authority and duty to take action or respond to particular issues on behalf of the university. CSAs are also responsible for providing resource information to individuals for help and support. When reporting through the CSA Reporting Form, incidents are reported as a statistic, and victims are not publicly identified in the report.
Reports filed using any of these methods are collected to be included on the daily activity (crime) log, considered for issuing of a timely warning to the campus community, and for possible inclusion in the Annual Security Report.
Professional and pastoral counselors functioning within the scope of their license or certification are exempt from CSA reporting even though they may have significant responsibility for student and campus activities. Counselors are encouraged, when they deem appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary, confidential basis for inclusion in the annual crime statistics. Additionally, counselors are also obliged to provide the Victims' Rights & Options brochure to individuals reporting sexual assault, dating violence, domestic violence, and stalking which contains information on how to submit voluntary and confidental reports.
Voluntary, Confidential Reporting
Victims of crimes within the university’s jurisdiction who do not want to pursue action within the criminal justice system or the university’s disciplinary system are encouraged to confidentially report the incident for inclusion in the Annual Security Report, daily activity (crime) log, and possible issuance of a timely warning. Voluntary reports can be made by contacting the offices listed below and asking to speak with an employee designated as a Campus Security Authority (CSA) and/or by scheduling an appointment to meet with an employee designated as a CSA.
- Campus Health (including CAPS): (520) 621-6490
- Survivor Advocacy Program: (520) 621-5767
- University of Arizona Ombuds
Employees within the above offices are required to provide a report of the type of incident, the location of the incident, and the approximate date of occurrence. Any identifying information about a victim will be kept confidential, including any information about a victim specifically, or the details of the incident the victim has experienced. They will not reveal personally identifiable information about the victim without an express request by the victim. To learn more about victims’ rights and options including confidential reporting, view the Victims’ Rights and Options brochure online.
88-Crime
The University of Arizona Police Department (UAPD) works closely with 88-Crime, a service provided by the Pima County Attorney’s Office. If you have information about a crime that has occurred in Pima County and your information leads to the arrest and indictment of a suspect in a case, you may be eligible for a cash reward. All 88-Crime calls are received anonymously. To submit a tip, visit the 88-Crime website or call (520)882-7463.
Please note: 88-Crime replaces the UAPD Tips & Information Line which is no longer in service.
PERSONAL SAFETY & THE SAFETY OF OTHERS
Risk Reduction
Risk reduction means options designed to decrease perpetration and bystander inaction and to increase empowerment for victims in order to promote safety, and to help individuals and communities address conditions that facilitate violence. Risk reduction information is taught in sexual assault, dating violence, domestic violence, and stalking prevention programs for incoming students and new employees.
The University of Arizona shares many of the same concerns as other urban institutions. Risk reduction is always a good practice; students, employees, and visitors should take precautions to ensure the protection of their person and property.
Being alert and conscious of your surroundings contributes immensely to an individual’s safety, as well as the safety of others. Risk reduction methods, even when effective, cannot prevent the risk altogether. Sexual assault, in addition to other forms of violence, is never the fault of the person assaulted.
The following personal safety tips may reduce the risk of certain crimes:
- Be Alert: First and foremost, pay attention to your surroundings and the actions occurring around you.
- Be Knowledgeable: Be familiar with your surroundings, identify blue light emergency phone locations, the nearest occupied building or business, and how and who to contact for immediate help.
- Be Purposeful: Walk with a purpose and exude confidence—have your keys and/or ID Card in hand when approaching buildings or your vehicle.
- Be Careful: Avoid dark or isolated areas during hours of darkness. If you sense that you are being followed, travel to a well-lit, populated area.
- Be Secure: Avoid walking alone; Lock your dorm room door and windows when you are asleep and when you leave the room. Utilize the LiveSafe App for added personal safety.
- Be a Reporter: If you notice someone in your dorm that does not belong, is behaving suspiciously, or both, please contact a dorm staff member. If the person is displaying dangerous or threatening behavior, call 9-1-1. Do not confront the person yourself.
Make it a point to know where emergency telephones are located throughout the campus and do not hesitate to use them should you feel at risk or witness a crime. Notify police immediately if anyone on campus has bothered you, followed you, harmed, or attempted to harm you.
Property crime is a concern on campus and your actions can help prevent theft and burglary. Some precautions that you can take to avoid being a victim are:
- Always keep your dorm room/apartment door closed and locked, even when you are inside.
- Record serial numbers of all electronics and store this list in a safe place.
- Do not bring valuables to campus unless it is necessary to do so.
- Never leave valuables in plain sight, whether in your vehicle or dorm.
Bystander Intervention
Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or to intervene when there is a risk of sexual assault, dating violence, domestic violence, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene. Bystander intervention information and strategies are taught in sexual assault, dating violence, domestic violence, and stalking programs for incoming students and new employees.
Bystanders play a critical role in the prevention of sexual and relationship violence. The university seeks to promote a culture of community accountability where bystanders actively engage in the prevention of violence without causing further harm. Below is a list of some options supportive of being an active bystander. If you or someone else is in immediate danger, dial 9-1-1.
- Participate in a bystander intervention training.
- Watch out for your friends and fellow students/employees. If you see someone who looks like they could be in trouble or use assistance, ask if they are ok.
- Intervene by confronting people who seclude, hit on, or try to have sexual contact with an incapacitated individual.
- Speak up when someone discusses plans to take sexual advantage of another person.
- Refer individuals to on or off-campus resources listed in the Victims' Rights & Options brochure for support in health, counseling, or legal assistance.
Obtaining Registered Sex Offender Information
The Arizona Department of Public Safety (AzDPS) maintains the Arizona Registered Sex Offenders Information website which provides access to search for offenders by location.
Utilize the Sex Offender Registry to determine whether a registered sex offender resides near campus or your residence.
In accordance with Arizona Revised Statute 13-3825, UAPD notifies the campus community regarding registered sex offenders who are employees or students at the university. The UAPD website has current information on campus sex offenders.
CRIME PREVENTION
As a public space, the average daily population of the university may include thousands of visitors. Everyone on the campus is expected to obey the laws of the state of Arizona and the rules and regulations of the university in pursuit of maximum safety for all.
Campus Security, Community Safety, & Crime Prevention Programs
As part of the university’s overall safety plan, multiple units including the UAPD Community Engagement Unit provide the university community with educational programs on security procedures and practices, crime prevention techniques, and personal safety practices to encourage students and employees to be responsible for their own security and the security of others.
Community Engagement Officers offer a variety of educational presentations and campaigns on safety and crime prevention topics to students, employees, and other community groups, both on and off-campus upon request. Additionally, staff within Campus Health offer programs aimed at educating students about the effects and consequences of alcohol and drug use as well as adopting personal responsibility practices. Students receive presentations about campus security and safety best practices at New Student Orientation as well as many other voluntary opportunities throughout the year as demonstrated in the following chart.
Campus Security Procedures, Community Safety, & Crime Prevention Programs | Intended Audience | Frequency |
---|---|---|
Active Shooter Preparedness Training Program – This training shares safety information on how to respond to an active threat and is based on the FBI instructions to "Run. Hide. Fight." | Employees & Students | On-Demand, Web-Based Training |
Alcohol & Drug Awareness Presentation – This presentation is aimed at educating students about the dangers of alcohol use, including underage consumption, binge drinking, and DUI. The presentation goes over Arizona liquor laws and university policy regarding alcohol use on campus. This training also discusses the effects on the body and consequences of underage drug use and violations. | Students | Upon Request |
Building Safety Survey/Physical Safety Assessments – UAPD will conduct a walkthrough of your department with department members and provide options to make the area a safer workplace. | Employees | Upon Request |
Campus Safety – This presentation provides the campus community with day-to-day personal safety tips. Awareness is key to campus life and safety. | Students | Upon Request |
Arizona Arrival – This self-paced informational portal contains seven sections that guides all incoming students through important information about the university, including videos with UAPD representatives that discuss campus safety strategies and emergency management procedures. All incoming students are required to go through Arizona Arrival to complete their orientation process and receive their fall semester schedules. | Students | On-Demand, Web-Based Portal; New students must complete prior to Fall semester |
Crime Prevention Through Environmental Design (CPTED) – An in-depth approach to the Building Safety Surveys. When a CPTED is conducted, UAPD evaluates the outside (such as walkways, building approach) and other items in addition to evaluating the interior of a building. | Employees | Upon Request |
Duress Button Presentation – This presentation familiarizes departments with the types of incidents prompting use of a duress button once they are installed in their workspace. This presentation also informs the department of how UAPD responds to duress button activations and what happens when one is activated. | Employees | Upon Request |
International Student Safety – This training discusses Arizona laws, the Tucson area, and how to get around safely. This training provides personal safety and crime prevention tips for on and off-campus life. It also addresses international drivers’ licenses, bicycle laws, and what to do if stopped by police. | Students | Annually |
Personal Responsibility Workshop – The Personal Responsibility educational intervention workshop, offered by the Dean of Students Office, is an asynchronous format, which seeks to engage students in the decision-making process. The workshop includes learning opportunities through personal reflection, journaling, activities, assignments, and discussion. | Students | On-Demand, Web-Based Training |
Resource Fairs – The UAPD Community Engagement Unit attends career fairs or resource fairs on campus as a way to let the community know who UAPD is as a department as well as some of the resources and potential career opportunities within UAPD. | Students | Upon Request |
SHADE Class – This training will discuss the effects and consequences of underage drug use and violations. It also covers the effects of drugs on the body. | Students Referred for Alcohol or Drug Violations | On-Demand, Web-Based Program |
Situational Awareness Presentation – This presentation is focused on the levels of situational awareness, while encouraging audience members to maintain some type of situational awareness when out and about in their communities. | Employees & Students | Upon Request |
Workplace Safety/Campus Safety – This presentation provides information on safeguarding your office and home, including information on workplace violence and active shooter situations. | Employees | Upon Request |
Members of the university community who would like a personalized presentation can contact the Community Engagement Unit at (520)621-4219 or visit UAPD’s website to learn more and request a safety presentation.
Sexual Assault, Dating Violence, Domestic Violence & Stalking Prevention & Awareness Programs
As part of the university’s overall safety plan, sexual violence prevention and awareness programs are provided on a regular basis for students and employees.
Primary programs are programming initiatives and strategies intended to stop sexual assault, dating violence, domestic violence, and stalking before they occur, seek to change behavior and social norms in healthy and safe directions, and are directed at all incoming students and new employees. These programs also define the crimes of sexual assault, dating violence, domestic violence, and stalking according to the state laws of Arizona, emphasize that these crimes are prohibited by the university, and include information on consent, healthy relationships, risk reduction, and how to support sexual assault survivors.
Awareness programs are community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.
On-going prevention and awareness programs are directed at all students and employees. Sustained over time, these programs employ a range of different strategies and modalities and are focused on increasing understanding of topics relevant to and skills for addressing sexual assault, dating violence, domestic violence, and stalking.
Program Information | Program Category | Frequency |
---|---|---|
New Student Orientation: Arizona Arrival (Students) This self-paced informational portal contains seven sections that guides all incoming students through important information about the university, including information on the Consortium on Gender-Based violence, Dean of Students resources, and Title IX. All incoming students are required to go through Arizona Arrival to complete their orientation process and receive their fall semester schedules. |
Primary | On-Demand, Web-Based Portal; New students must complete prior to Fall semester. |
Campus Health: (Students) Offers presentations on sexual health, relationships, and making healthy choices including:
|
On-Going | Regularly Scheduled |
Consortium on Gender-Based Violence: (Students) Consensual Kissing Booth; provides interactive forum for education on consent utilizing chocolate candy hugs and kisses. |
On-Going | Upon Request |
Consortium on Gender-Based Violence: (Students) Perfect Match: Healthy relationship game; an interactive learning opportunity. |
On-Going | Upon Request |
Consortium on Gender-Based Violence: (Students) Transforming Wildcat Culture: An interactive, introductory workshop about alcohol, party culture, and consent. Participants gain a better understanding of healthy consent behaviors, bystander intervention, and available resources for survivors in our community. |
On-Going | Upon Request |
Consortium on Gender-Based Violence: (Students & Employees) Awareness programming including overview of services; denim day; sexual assault awareness month tabling; domestic violence awareness month tabling; stalking awareness month tabling. | On-Going | Upon Request |
Fraternity and Sorority Programs: (Main Campus Students) A Call To Men workshop educates participants about violence that men perpetuate against women and other men including sexual violence and hazing. |
On-Going | Annually |
Office of Institutional Equity: (Employees) Preventing Harassment and Discrimination online training; this training prepares learners to cultivate and maintain a workplace culture resistant to discrimination, harassment, and retaliation including bystander intervention, how to intervene and provide resources and support to victims. |
Primary with Biennial Training Requirement | On-Demand, Web-Based Training |
Office of Institutional Equity: (Employees) The Title IX Annual Online Training provides information for all employees about the university's obligation, under federal law, to address sex discrimination at the university's education program and activities; the scope of the conduct that constitutes sex discrimination under Title IX; and requirements for employees to provide notification to the Title IX Coordinator and to provide information to students. |
On-Going | Annually |
Office of Institutional Equity: (Students) The Sexual Assault Prevention training provides critical knowledge and skills to help students make health, informed decisions and play a role in keeping our community safe. |
On-Going | On-Demand, Web-Based Training |
Office of Institutional Equity: (Students & Employees) Multimedia, online, and in-person promotion of Sexual Assault Awareness Month, Domestic Violence Awareness Month, and Stalking Awareness Month. |
On-Going | Web-Based |
Residence Life Programs: (Main Campus Students) In-person activities in the dorms, online programs, or shorter in-person interactions in the lobby/courtyards of buildings. Active programs are either open to the whole building or focused on the Resident Assistant/Wing level. In-person programs included:
|
On-Going | Upon Request |
Residence Life Programs: (Main Campus Students) Bulletin boards, poster campaigns, social media posts, where information is provided to residents. The 2023 passive programs included:
|
On-Going | Upon Request |
Survivor Advocacy: (Students & Employees) Awareness programming including overview of survivor support services. |
On-Going | Upon Request |
Travel Safety Resources for Main Campus
LiveSafe App
Available for Apple and Android phones, LiveSafe is a free mobile safety app that links the university community with UAPD. LiveSafe users can send texts, photos, videos, and location information directly to the relevant university office. One feature, called "SafeWalk," uses a smartphone's GPS to allow a friend, colleague, or family member to virtually walk with the user, monitoring their location on a real-time map, and even chat via the app. In addition to its real-time reporting features, LiveSafe includes information on the university's emergency procedures, the UAlert notification system, emergency phone numbers, and a list of university-approved safety tips. All members of the university community are encouraged to use this app to assist in maintaining campus security and safety.
SafeRide
Operating Tuesday-Friday during the Fall and Spring semesters, SafeRide is a free transportation service for all University of Arizona community members. It is managed and operated by students under the sponsorship of the Associated Students of the University of Arizona (ASUA). SafeRide provides a nighttime alternative to walking alone on campus and in the Tucson community. SafeRide’s mission is to serve those going to or from campus, while also providing a friendly and official presence on the streets at night.
Night Cat by Lyft
Offered by Parking & Transportation Services, Night Cat by Lyft provides eligible Arizona students, faculty, and staff with free Lyft rides starting and ending on campus, Safeway on Broadway Blvd., or Walmart at El Con Mall. Ride codes are valid Monday-Friday from 5:00pm-12:00am. Each month, eligible riders may request up to 6 free rides (2 per week) as program funding permits, up to a $15 maximum per ride.
SECURITY OF & ACCESS TO BUILDINGS & GROUNDS
Main Campus (Tucson, AZ)
While circumstances may require that a building be inaccessible, many campus buildings and facilities on the Main Campus are accessible to members of the campus community, guests, and visitors during normal business hours, Monday through Friday, excluding holidays. Certain facilities may also be open for designated periods during weekends and holidays. A large percentage of exterior doors on campus buildings are locked and secured automatically through an established electronic door lock schedule outside of business hours. Exceptions include computer labs, the Main Library, and instances when a department head requests certain doors remain open for special events. In these circumstances, doors may remain unlocked after normal business hours and on weekends.
In compliance with university policy, some university buildings, as well as mechanical, electrical, telecommunications, and custodial rooms, are designated as restricted spaces by the university. These buildings and rooms can only be accessed by CatCard swipe, SmartChip detection, PIN code, or Biometric Scan.
The University of Arizona continually seeks improvements to our campus safety resources and response to safety issues and concerns. For information on the campus safety action plan and updates on safety enhancements, visit the Office of Public Safety website.
Security of & Access to Classrooms on Main Campus
To enhance building security, the University of Arizona Main Campus has installed fire and safety compliant locks to classroom doors and expanded keyless access to more buildings. Emergency lock buttons have been installed in classrooms allowing occupants to engage electronic door locks in the event of emergency. These enhancements are on-going.
University-generated posters appear in all classrooms and are located next to exits in each classroom with a basic emergency plan. The building name, address, and room number are printed at the top of each poster so that this information is readily accessible when calling 9-1-1.
Security of & Access to Dorms on Main Campus
All dorms are equipped with a card access system. This system utilizes each resident’s CatCard and four-digit door access code (DAC) number chosen upon move-in. Only residents of the building can gain access by swiping their cards through the card reader and entering their four-digit DACs. The system is operational 24 hours a day, seven days a week.
Dorm front desk hours vary by the dorm. Coronado and the Honors Village desks are staffed 24 hours a day. Arbol de la Vida front desk hours are Monday-Wednesday: 10:00am-10:00pm, Thursday/Friday: 10:00am-2:00am, Saturday: 12:00pm-2:00am, and Sunday: 12:00pm-10:00pm.
The desk hours of all other dorms are:
- Monday-Wednesday: 10:00am-10:00pm
- Thursday/Friday: 10:00am-12:00am
- Saturday: 12:00pm-12:00am
- Sunday: 12:00pm-10:00pm
Giving your CatCard and DAC to someone else (including friends, family, significant others, etc.) is a violation of Housing & Residential Life Policies & Procedures for Dorm Living, and residents will be subject to the Conduct Hearing Process.
Housing & Residential Life staff conduct several nightly duty rounds in each dorm to monitor facilities and maintain the standards of the community.
Both dorms and university-recognized fraternities and sororities are under the jurisdiction of UAPD for police services, but Greek houses are otherwise managed by a variety of housing corporations. Students and parents wanting to know about security protections in these houses are encouraged to call the Office of Fraternity & Sorority Programs at (520)621-8046 or email dos-greek@arizona.edu and obtain contact information for the house’s management corporation.
College of Applied Sciences & Technology Campus (Sierra Vista, AZ)
Campus administration offices and the Learning Resource Center are open to the public from 8:00am-5:00pm, Monday through Friday. Each campus building is equipped with cameras that are monitored by Canyon Security officers stationed at the security desk located in the Learning Resource Center.
In compliance with university policy, some university buildings, as well as mechanical, electrical, telecommunications, and custodial rooms, are designated as restricted spaces by the university. These buildings and rooms can only be accessed by CatCard swipe and PIN code or restricted key.
The Critical Incident Response Team regularly inspects the safety conditions of buildings and makes recommendations for improvements. Lighting and safety hazards identified during routine patrols of the campus are forwarded on an ongoing basis to Facilities Management. We encourage community members to promptly report any security concerns.
The CAST campus does not have residential facilities on-campus, therefore certain policies such as those regarding security and access to dorms or missing resident policies are not included in this report.
College of Veterinary Medicine Campus (Oro Valley, AZ)
All facilities located on the College of Veterinary Medicine (CVM) Campus, including the Hanley Building and the Stallard Building, are under controlled access at all times. All students, faculty, and staff may access the building using their CatCards from 5:00am-midnight seven days a week. CatCards may be swiped from 7:00am-5:00pm during regular business hours. A valid CatCard and PIN must be used outside of these hours.
All visitors to campus are required to check in at the front desk reception and may be asked to wear a visitor badge while on campus. Questions about visitor access should be directed to the CVM Front Desk by calling (520) 621-7048.
Members of the Risk Management Team, Oro Valley Police Department, and University of Arizona Police Department inspect each CVM building on an annual basis to assess safety conditions and make recommendations for improvements. Lighting and safety hazards identified are forwarded on an ongoing basis to Facilities Management. We encourage community members to promptly report any security concerns.
The CVM campus does not have residential facilities on-campus, therefore certain policies such as those regarding security and access to dorms or missing resident policies are not included in this report.
Phoenix Bioscience Core Campus
All Phoenix Bioscience Core (PBC) buildings are under controlled access. University of Arizona Security is on site 24 hours a day, 7 days a week to provide a continuous security presence and can be reached at (602) 827-2368. The campus is generally accessible to the public during normal business hours; however, visitors and guests are required to sign in at the building reception station and may be asked to wear a visitor ID badge while on campus.
Students have access to most campus buildings from 7:30am-12:00am, Monday through Friday, and 7:00am-10:00pm on Saturday and Sunday. Hours may be adjusted on holidays and before exams by special request. If doors are locked, students have access cards that are programmed to allow access during these hours. Campus security officers are authorized to provide escorts for students to parking lots and nearby apartments, if requested. To request an escort, call (602) 827-2368.
The three historic buildings on campus and the Arizona Biomedical Collaborative 1 (ABC1) building are ID badge access only with electronic access at the main entrances. The Health Sciences Education Building (HSEB) and Biomedical Sciences Partnership Building (BSPB) also use an electronic badge access system, but their main entrances are unsecured from 7:30am-7:30pm and 7:30am-5:00pm, respectively.
In compliance with university policy, some university buildings, as well as mechanical, electrical, telecommunications, and custodial rooms, are designated as restricted spaces by the university. These buildings and rooms can only be accessed by CatCard swipe, SmartChip detection, PIN code, or biometric scan.
Questions about security on campus can be directed to pbc-security@email.arizona.edu. Visitors planning on visiting campus for an extended period who would like to inquire about getting an electronic access card should contact the Access Desk at (602) 827-2758 or PBS-Access@email.arizona.edu for more information.
The Phoenix Police Department is the primary first responder in the event of a crisis for the PBC campus. University of Arizona Security occasionally partners with Arizona State University (ASU) Police at times for an increased law enforcement presence.
More information is available on the PBC Planning & Operations website
The Planning & Operations and Security teams regularly inspect the safety conditions of all buildings and grounds on campus and make recommendations for improvements. Identified safety hazards are forwarded to Facilities Management for correction.
The PBC campus does not have residential facilities, therefore certain policies such as the university’s policies regarding security and access to dorms or missing resident policies are not included in this report.
Campus Maintenance
The UAPD Community Engagement Unit conducts surveys of the Main Campus throughout the year to identify areas of concern with respect to building security, lighting, landscaping, and other potential safety and security issues. These services are available to all University of Arizona campuses upon request. University employees may schedule a building safety survey for a building by completing the UAPD Safety Presentation Request Form. Upon request, the UAPD Community Engagement Unit can conduct similar safety checks for any university campus within the state, including the CAST, CVM, and PBC campuses. Any lighting or safety hazards identified during the routine patrol of the campus by UAPD are also forwarded to Facilities Management for correction. Community members are encouraged to promptly report any security concerns at any campus to UAPD’s non-emergency line at (520) 621-8273.
University of Arizona Risk Management Services (RMS) assists the campus community in creating a safe environment for faculty, staff, students, and visitors based on national, state, and local regulations related to occupational and environmental health and safety. Please complete the Incident Reporting Form to notify RMS of routine physical safety hazards. Examples include broken or missing handrails, tripping hazards, fire hazards such as improper storage, or other conditions that might result in injury or property damage. RMS will evaluate the condition reported and coordinate any action needed with the appropriate university department.
CAMPUS SAFETY ALERTS
Timely Warning Notifications
Timely warning notifications may be issued to alert members of the university community of reports of certain crimes in a manner that is timely and will aid in the prevention of similar crimes. The warnings alert the campus community of violent crimes against persons or a series of crimes against property that occur on campus or university property that represent a serious or ongoing threat to the safety of students or employees.
Timely warnings are generally issued when a Clery reportable offense (including murder and non-negligent manslaughter; manslaughter by negligence; rape; fondling; incest; statutory rape; aggravated assault; robbery; burglary; motor vehicle theft; arson; dating violence; domestic violence; stalking; weapons violations, drug violations, and alcohol violations; and certain hate crimes) is reported as occurring at the Main Campus, College of Applied Science & Technology (CAST) campus, College of Veterinary Medicine (CVM) campus, and/or Phoenix Bioscience Core (PBC) campus, including all on-campus property, public property, and certain non-campus locations, including remote classroom space and off-campus student organization property (fraternities/sororities). In some cases, timely warnings may be issued for non-Clery crimes, if these incidents also represent serious or ongoing threats to campus safety.
Content of the Warning
A timely warning may provide details of the crime, a description of the suspect (if known), information on whom to contact about the investigation, and timely crime prevention tips to prevent similar occurrences. Personally identifiable information about victims, such as names, is not included.
Decision to Issue
The decision to issue a timely warning is made on a case-by-case basis and includes consideration of factors such as the nature of the crime, whether a continuing danger to the campus community exists, whether the incident occurred on or within the institution’s Clery geography, and the possible risk of a warning compromising law enforcement efforts.
Before issuing a warning, university officials will confer to determine whether it is appropriate to issue a timely warning. Although UAPD is primarily responsible for issuing timely warnings, any of the following individuals may compose and disseminate a timely warning on behalf of the university and UAPD:
- UAPD Chief of Police
- UAPD Assistant Chief
- UAPD Lieutenant
- Vice President, University Communications
- Associate Vice President, University Communication
Dissemination Process
A timely warning is disseminated as soon as pertinent information about a reportable crime is confirmed, even if not all facts surrounding that crime are known. Follow-up information will be issued as it becomes available. A timely warning may not be distributed in situations when a UAlert (emergency notification) has been issued.
The primary method for dissemination of a timely warning will be the University of Arizona’s campus-wide email system, from a university email address specifically designated for this purpose. The email is sent from the uapdnotifications@list.arizona.edu account. Timely warning emails will be sent to all: 1) currently enrolled students and 2) faculty and staff who have been issued an arizona.edu account.
Other methods may be used to supplement email dissemination in order to promote community-wide knowledge. Such methods may include, but are not limited to:
- UAPD website
- University and UAPD social media sites
- Flyers, posters, or notices
- Other methods and/or combinations of methods
Emergency Notifications
The university provides students, employees, and other campus users with information about campus emergencies in the most timely, effective, and accurate manner as is reasonably possible. The university has instituted multiple methods of providing notifications to the university community, including UAlert; the Arizona home page; the Emergency Management website; and the all-campus email system.
Public updates regarding campus incidents are available on the Campus Incidents webpage.
The purpose of these communications is to: provide accurate and effective information to students, employees, and the public; ensure that official communications from the university are uninterrupted, regardless of circumstances; and to guide university units during emergencies or critical incidents.
UAlert is a free communication service that informs the campus community, via text and email messaging, after confirmation of a significant emergency or dangerous situation occurring on a university campus that creates an immediate threat to the health or safety of students and/or employees.
UAlerts will address safety in emergency situations while communication of Timely Warnings will address danger to members of the campus community resulting from the commission of one or more crimes specifically identified under the federal Clery Act (or similar circumstances). UAlerts may also be occasionally issued as a precaution even though a threat to safety is not imminent.
UAlert notifications are also distributed to members of the larger community who have opted in to receive this information by registering with the UAlert system. When registering, community members can select to be included in optional groups including those for family and friends of the university (Main Campus updates), Greater Phoenix (Phoenix Bioscience Core/College of Medicine-Phoenix updates), or Sierra Vista (College of Applied Science & Technology updates).
To ensure the integrity of the UAlert system, a limited number of individuals are authorized to send UAlert messages. These individuals may send emergency messages to all community members registered to receive UAlerts or to the segment affiliated with a specific campus: Main (Tucson), College of Applied Science and Technology (Sierra Vista), and/or Phoenix Bioscience Core (Greater Phoenix). Note that segmentation is not currently available for the College of Veterinary Medicine campus. Those individuals are:
All Campuses including Main Campus (Tucson) and College of Veterinary Medicine (Oro Valley)
- UAPD Chief of Police
- UAPD Assistant Chief
- UAPD Lieutenant
- UAPD Dispatch Supervisor or UAPD Communications Unit
- Vice President, University Communications
- Associate Vice President, University Communications
- Identified personnel from University Information Technology Services (UITS)
College of Applied Science and Technology (Sierra Vista)
In addition to the individuals listed above, the following individuals may also send emergency messages to the segment affiliated with the CAST campus:
- Dean
- Vice President, University Communications
- Associate Vice President, University Communications
- Senior Vice President for Student Affairs
College of Veterinary Medicine (Oro Valley)
No additional individuals are authorized to send UAlerts on the CVM campus.
Phoenix Bioscience Core/College of Medicine (Phoenix)
In addition to the individuals listed above, the following individuals may also send emergency messages to the segment affiliated with the PBC campus:
- Assistant Vice President, Campus Operations Phoenix
- Executive Director, Campus Operations Phoenix
- Emergency Preparedness Planner, Campus Operations Phoenix
Localized Alerts by Campus
Additionally, employees with responsibility for security and safety at the Phoenix Bioscience Core campus and the Sierra Vista College of Applied Science and Technology campus are authorized to send localized UAlerts only to subscribers affiliated with a respective campus.
Phoenix Bioscience Core/College of Medicine (Phoenix)
- Assistant Vice President, Campus Operations Phoenix
- Executive Director, Arizona Online
- Manager, Security, Access, & Emergency Preparedness
- Applications Systems Analyst and Developer, UITS
College of Applied Science and Technology (Sierra Vista)
- Dean
- Construction Manager III
Determining the Need for an Emergency Notification
A member of the UAPD Command Staff or Patrol Supervisor will issue or cause a UAlert to be issued without delay when they have confirmed, based on reliable information, the existence of an immediate threat to students, employees, and/or affiliates. Confirmation or confirmed means that an authorized official(s) has verified significant evidence of an emergency or dangerous situation that could jeopardize the health or safety of students and/or employees; it does not mean near certainty that an emergency exists.
Factors considered by UAPD when deciding if a UAlert is warranted include: whether a significant continuing danger to members of the campus community exists; whether meaningful information and direction can be provided to the campus community which will help preserve the health and safety of the campus community; whether a risk of compromising safety, rescue, or law enforcement efforts exists if a UAlert is issued; and any unique additional factors due to the circumstances of the specific emergency.
The following types of emergencies on or near campus are examples of situations that will usually be appropriate for a UAlert: in-progress serious or violent crime; active shooter on campus; hostage/barricade situation; riot/civil unrest; suspicious package with evidence of an explosive or harmful device; fire/explosion with serious impact to life/safety; homicide or suspicious death; significant damage to a structure; biological threat; significant flooding or extraordinary weather; gas leak; hazardous material spill (e.g., chemical, biological, radiological, nuclear); illness outbreak; or other events presenting an immediate threat to health or safety.
Precautionary UAlerts may be sent after at least three (3) members of the UAlert Assessment Team determine that danger to members of the campus community could occur and there is need to convey important precautionary information.
The UAlert Assessment Team includes:
- UAPD Chief of Police
- UAPD Assistant Chief
- UAPD Lieutenant
- Chief Safety Officer
- Senior Vice President for Legal Affairs
- Vice Provost, Campus Life and Dean of Students
- Vice President, University Communications
- Associate Vice President, University Communications.
Examples of precautionary UAlerts include: sexual or other violent assaults in other jurisdictions; civil disturbances/riots in other jurisdictions; robberies in other jurisdictions; shootings in other jurisdictions; power outages affecting the surrounding area; and road closures or catastrophic accidents nearby.
Employees with responsibility for security and safety at the Phoenix Bioscience Core campus and the Sierra Vista College of Applied Science and Technology campus may send a localized UAlert without delay in response to the following circumstances:
- Violent activity, including: active shooter; immediate threat or concern to the health or safety of the University of Arizona community, including off-campus events.
- Hazards, including: major fires; hazardous material leaks or spills (with a threat to health and safety).
- Health issues: such as infectious diseases (following consultation with the Critical Incident Response Team - CIRT).
- Major disruptions to university activity, including: severe weather; power outages & other events presenting an immediate threat or concern for health or safety.
Determining the Content of an Emergency Message
The content of an emergency text message must be short, concise, and understandable in no more than 160 characters. If necessary, multiple messages may be sent to explain a situation.
An emergency message will include information that would enable members of the university community to take action to protect themselves.
The following information will be included in a UAlert message, if available:
- Type and brief description of emergency;
- Location;
- Action to take (e.g., stay away from a dangerous area, stay sheltered in place, follow evacuation plan); and
- Suspect description if a crime has been committed.
Follow-up messages will be used to provide updates and additional instructions. Each subsequent message for an incident will be identified in the reference line with the incident type followed by a sequence number (e.g. "Robbery #3").
When the emergency has been resolved based on the judgment of the issuer, and community members may resume routine activity, an “All Clear” message will be sent.
Disseminating Information to the Community
The university has contracted with Omnilert to provide the text messaging service for UAlert. The Office of University Information Technology Services (UITS) and Omnilert have enabled the Arizona email system to send the UAlert message to all currently enrolled students, employees, and affiliates with an “arizona.edu” email address.
Testing of UAlert
The UAlert system may be tested each semester on a small population to affirm functionality.
Alternative Method for Sending Emergency Messages
In the event of a technical failure of the UAlert notification system, authorized UAPD personnel may request an Integrated Public Alert & Warning System (IPAWS) emergency alert message by contacting the Pima County Office of Emergency Management on-call representative. When utilizing IPAWS, students, faculty, staff, and visitors will receive the message as members of the general public within the identified recipient geographical area. This system cannot be utilized for general alerts and is only authorized for Imminent Threat Alerts, which include natural or human-made disasters, extreme weather, active attacker, and other in-progress threats or emergencies.
Drills & Exercises
Annually, the University of Arizona’s Critical Incident Response Team (CIRT) will conduct an emergency training exercise concerning the Campus Emergency Response Plan (CERP) to include readiness, response, and evacuation. Exercises may be:
- Full-scale exercise
- Functional exercises
- Drills; and/or
- Tabletop exercises
Publicity for the emergency response exercise may be limited before the exercise to help ensure the safety, security, and integrity of the exercise. When practical, the exercise will be announced in advance to CIRT members, university Senior Leadership, the university community via University Communications, and/or to a specific group that is affected by the exercise.
Before an exercise, affected groups will be notified of specific procedures and actions to take in the event of an actual emergency. Following the exercise, an After-action Report will be completed containing the following information:
- Description of the exercise;
- Date and time the exercise was held;
- If the exercise was announced or unannounced; and
- Future improvements.
After-action Reports will be collected by the university’s Coordinator of Emergency Preparedness.
Critical Incident Response
Emergencies and incidents (including catastrophic or major emergencies or incidents that impact the entire campus [e.g., bioterrorism, nuclear disaster, pandemic, active shooter, mass casualty] or a sizeable portion of campus [e.g., major fire, extensive technology failure, heating plant failure, extended power outage, severe storms, contagious disease outbreak, domestic water contamination]) are addressed through the CIRT Executive Team.
When critical emergencies and incidents arise, an initial determination is made by a campus official designated as an Incident Commander and information is shared with members of the CIRT and related working groups and individuals. Information is shared with the campus community through various means including banners on the university website, the campus-wide email system, and the UAlert emergency notification system.
A copy of the Campus Emergency Response Plan is viewable online.
Building Evacuation
Circumstances that may require building evacuation include power failure, criminal activity, the discovery of a suspicious object, fire, or an unexpected release of hazardous material. Always remain calm and follow the directions given by emergency responders (police or fire department personnel), building managers, or other persons of authority.
In most cases, the use of the building fire alarm system notifies building occupants to begin an evacuation. At other times, occupants may be notified to evacuate by direct orders.
These orders may be given by police or fire personnel, building managers, supervisors, or other university officials.
Evacuation Instructions for All Campuses
- Evacuate the building using the nearest exit (or alternate, if nearest exit is blocked).
- Do not use elevators.
- Take personal belongings (keys, purses, wallets, etc.), if it does not delay your evacuation.
- Secure any hazardous materials or equipment before leaving.
- Follow directions given by building managers and/or emergency responders.
- Go to the assembly location designated in your building’s evacuation plan.
- Assist people with disabilities per the guidance provided. Disabled people can direct others on how to assist them with evacuation. University personnel should defer to the disabled person and only assist in ways the disabled person and university personnel feel comfortable.
- Do not re-enter the building until directed to do so by emergency response personnel.
Large-Scale Evacuation
- If evacuation of part or all of the campus is necessary, monitor UAlert, e-mail, and the university’s Campus Incidents page for additional information.
- Those in need of transportation will be directed to areas to await transport to an off-campus site.
Information to Know
- Evacuation routes/procedures
- What the fire alarm sounds like
- At least two ways out of the building
Evacuation Process for Individuals with Disabilities
In an emergency situation, an elevator may not be available. If a person with a disability is able to exit the building without using the elevator, then they should follow the appropriate exit route.
If exit from the building is possible only by use of the elevator, a disabled person should follow these procedures:
- In case of a fire, enclosed building stairwells are "areas of safe refuge" because they have a higher fire-resistive rating.
- Move to the nearest “area of safe refuge,” which includes enclosed or exterior stairwells and remain there.
- Make sure the door to the stairwell is closed. Open doors will violate the "area of safe refuge" and will allow smoke, and possibly fire, into the stairwell.
- Call or text 9-1-1 with specific location information and notify someone (like a coworker, supervisor, instructor, or building monitor) of their location.
- Anyone with location information should inform the fire responders that there is a disabled person who may require evacuation assistance.
Additional Evacuation Instructions for Main Campus
Evacuation in Dorms (Main Campus Only)
In dorms, if a disabled resident cannot leave their room immediately with or without the assistance of another person, they should remain in the room and call or text 9-1-1 with their location.
Note that first responders are made aware of dorm rooms occupied by disabled residents who may need assistance in an emergency evacuation. First responders are trained to check these rooms first.
Evacuation Decisions
- When stairwell evacuations are necessitated, such decisions and evacuations will be made by Tucson Fire Department (TFD).
- Disabled people can direct others on how to assist them with evacuation; university personnel should defer to the disabled person and only assist in ways the disabled person and university personnel feel comfortable. If there are any doubts by university personnel of their ability to safely assist the disabled person, the university personnel should defer the evacuation assistance to the First Responders.
Non-Emergency Evacuation Situations
The following procedures apply for evacuation of a disabled person in a non-emergency situation such as an elevator outage.
- Call UAPD at (520) 621-8273 or contact 9-1-1.
- UAPD will send personnel to the location to assess the situation and contact TFD for all evacuation scenarios.
- In the event an elevator car is stuck between floors, no removal of passengers will be performed until the car is properly leveled.
- Improper evacuation techniques could harm the evacuee or their equipment. UAPD is not trained to evacuate disabled people so will yield to TFD in all instances.
- UAPD personnel will remain with the person until egress is restored (i.e., elevator has been repaired) or TFD responds.
- TFD will address non-emergency evacuations on a priority basis. This may mean a delayed response until TFD can respond.
- UAPD will report elevator outages to Facilities Management or Housing & Residential Life Facilities for issues in the dorms. They will maintain contact with TFD and Facilities Management or Housing & Residential Life Facilities to determine response time for repairs.
Information on evacuation is available online on CIRT’s In Case of Emergency and Evacuation websites.
Building Emergency Plans
The Office of Emergency Management posts building-specific emergency plans online. These plans include safety information such as building exits, evacuation points, and locations of automated external defibrillators and medical kits. You can learn more and view all available building emergency plans on Emergency Management’s website.
CAMPUS SECURITY POLICIES
Weapons on Campus
As referenced in the University of Arizona's Weapons on Campus policy, the Arizona Board of Regents (ABOR) policies 5-303 and 5-308 prohibit the use, possession, display, or storage of any weapons, dangerous instruments, explosive devices, or fireworks, among other things, on the University of Arizona campus and all land and in all buildings owned or under the control of the University of Arizona on behalf of ABOR, except as provided in Section 12-781 of the Arizona Revised Statutes. No concealed carry permit exempts a person from these policies. These policies apply to all University of Arizona students, employees, visitors, and guests.
Any written requests for exceptions must first be reviewed by the responsible Dean or Department Head who will forward the request to the Provost for review and comment. The request will then be forwarded to the Chief of Police in writing at least 10 days prior to the intended date of such use, possession, display, or storage.
ABOR Policy provides the following exception: "Use, possession, display, or storage (of weapons) is specifically authorized by an Arizona or federal statute governing law enforcement officers."
ABOR Policies definitions:
- Weapon: Refers to any object or substance designed to (or which could be reasonably expected to) inflict a wound, cause injury, incapacitate, or cause death, including, without limitation, all firearms (loaded and unloaded, simulated and real), devices designed to expel a projectile (such as bb guns, air guns, pellet guns, and potato guns), swords, knives with blades of 5 inches or longer, martial arts weapons, bows and arrows, and chemicals such as tear gas, but personal safety devices as defined (see below) are not included in the definition of “weapon.”
- Dangerous Instrument: Means anything that under the circumstances in which it is used, attempted to be used, or threatened to be used is readily capable of causing death or serious physical injury.
- Explosives: Any dynamite, nitroglycerin, black powder, or other similar explosive material including plastic explosives; any breakable container that contains a flammable liquid with a flash point of 150 degrees F or less and has a wick or similar device capable of being ignited.
- Fireworks: Any fireworks, firecrackers, sparklers, rockets, or any propellant-activated device whose intended purpose is primarily for illumination.
Arizona Revised Statutes prohibit the interference with or disruption of an educational institution, which includes non-compliance with or violations of the weapons policy. Individuals who violate these policies may be subject to arrest. Arizona Revised Statutes require that a person asked by a law enforcement officer if they are carrying a concealed weapon is required to accurately answer that officer. This statute applies to all University of Arizona students, employees, guests, and visitors.
Personal Safety Devices Permitted on University of Arizona Property
In accordance with ABOR policies, the following personal safety devices are permitted on University of Arizona property:
- Over the counter, commercially available electroshock devices, including conducted electrical weapons designed to protect personal safety from physical attacks by other people.
- Over the counter, commercially available chemical repellants designed to protect personal safety from physical attacks by other people.
- Blades of less than 5 inches.
- Tactical pens.
- Hi-Intensity tactical flashlight or strobe devices.
- Personal alarms, including hi-volume, audible, alert/alarm devices (may include visual and audio effects).
- Expandable or fixed batons no longer than 26” in total length.
- Over the counter, commercially available keyring defensive tools.
To request to have a device or item added to this list, please provide the following information in writing to UAPD:
- Name of requesting individual;
- Contact information for requesting individuals, including mailing address, email address, and telephone number;
- A detailed description of the proposed personal safety device or item to be included on this list;
- A detailed statement of the rationale for the inclusion of the personal safety device or item on this list.
Direct requests to: Office of the Chief of Police, The University of Arizona Police Department, 1852 E. First Street, Tucson, AZ 85721
Workplace Violence
The University of Arizona is committed to providing a safe and secure workplace for all employees, students, and visitors. The university Workplace Violence policy prohibits any form of violence by or against any employee, student, vendor, or visitor to the university. Violating this policy will result in disciplinary action up to and including dismissal as unacceptable personal conduct and may also result in criminal prosecution. This policy also prohibits retaliation or harassment against anyone who makes a good faith report of a violation to this policy. The university will, to the extent permitted by law, protect the anonymity and safety of anyone who reports an act of violence.
Reporting Incidents of Workplace Violence
Employees and students should report all incidents of workplace violence to the University of Arizona Police Department (UAPD) by dialing 9-1-1, to their immediate manager or supervisor, and the Division of Human Resources (HR). The university will, to the extent possible, handle reports of workplace violence confidentially, except to the extent necessary to communicate to individuals who need to know pertinent information so that they may take appropriate action. The university also may be required to report such incidents to comply with state and federal laws and regulations. The university will be sensitive and responsive to the potential for fear of reprisal by employees or students who report threats or acts of violence.
Responding to Reports and Acts of Violence
The university encourages all employees and students to assist in maintaining a safe and secure workplace, while recognizing the need to be alert to the possibility of violence by students, former students, employees, former employees, vendors, and visitors. Individuals who receive reports of workplace violence must contact HR for guidance and assistance in addressing such situations. HR will review information it receives and may seek additional information, as necessary. It also may seek to convene the Threat Assessment and Management Team for assistance in evaluating the potential of further violence and making recommendations regarding appropriate disciplinary action. If an employee violates this policy, then the responsible supervisor will institute appropriate disciplinary action after consulting with HR and other university officials, as appropriate. If students violate this policy, then the Dean of Students Office will institute appropriate disciplinary action against such students.
HR will make efforts to support individuals affected by workplace violence by identifying appropriate resources for providing support and assistance.
Threat Assessment and Management Team
The university has established a multidisciplinary Threat Assessment and Management Team (TAMT), which will meet as necessary to assist Human Resources or the Dean of Students in determining whether a specific individual constitutes an ongoing threat to the safety of an individual or to the workplace, and to make recommendations following incidents of workplace violence. The university engages the services of outside consultants, who are available to the TAMT to assess such risks and assist in making recommendations.
Missing Student Notification Policy
The University of Arizona has developed the following policy to provide information to students and parents and to guide the efforts of university staff members when they suspect and/or have determined a resident student is missing.
Definitions
Resident student: a student who is enrolled in the University of Arizona and is a current resident of university housing.
Missing resident student: a resident student whose location and/or status the University of Arizona Police Department (UAPD) is unable to ascertain 24 hours after having received notification that the resident student may be missing.
Designated university staff person or organization: University employees or organizations to which students, employees or other individuals should report that a resident student is believed to be missing for 24 hours; persons and organizations include:
- UAPD: (520)621-8273
- Dean of Students Office (DOS): (520)621-7057
- Coronado Front Desk: (520)626-8600
- Director, Residential Education
Registering a Confidential Contact for Notification
All University of Arizona students have the ability to provide emergency contact information to the university to be used as needed in an emergency or similar circumstance. Current and admitted students may provide and update emergency contact information in the student information system (UAccess). Resident students are provided the opportunity to designate an additional contact (“confidential contact”) for notification if the resident student is determined to be missing.
- Resident students are requested to provide information for a confidential contact [e.g., name(s), phone number(s), email address(es) and address(es)] to the department of Housing and Residential Life through their online Housing Portal during their prearrival check in process.
- The resident student’s confidential contact information shall be accessible only to authorized University and law enforcement officials, as necessary.
- The resident student's confidential contact for notification if the student is determined to be missing may be different from their emergency contact(s).
Designated University Staff or Organization Responsibilities
Initial Inquiry
If designated Housing and Residential Life or Dean of Students' Office staff have reason to believe that a resident student may be missing, they will undertake an initial inquiry. Initial inquiry may include reasonable efforts to gather information such as: checking the student's room, inquiring from known roommates or friends, locating the student's vehicle, and calling the student’s cell phone number. They will report the matter to UAPD as timely as possible based on the facts and circumstances.
If a non-law enforcement designated university staff person or organization receives notification, or has other good reason to believe, that a resident student may be missing, they:
- Contact UAPD immediately to initiate their investigative procedures.
- Initiate an initial inquiry and/or attempts to contact the resident student who is believed to be missing.
- File a Health & Safety notification with the Dean of Students' Office.
If the non-law enforcement designated university staff person is able to contact the resident student, they:
- Attempt to confirm the location and well-being of the resident student.
- Inform the resident student UAPD will contact the resident student to confirm their well-being.
- Contact UAPD immediately to provide a status update on the resident student.
University Responsibilities
Upon receipt of notification that a resident student may be missing, UAPD initiates their investigative procedures, as appropriate.
If UAPD is unable to locate the resident student within 24 hours of receipt of the initial notification, the following will occur within the following 24 hours:
a. A designated university staff person notifies the resident student’s confidential contact. If no confidential contact has been designated the emergency contact(s) will be notified.
b. If the resident students is under 18 years of age and not emancipated, the designated university representative notifies the resident student's custodial parent or guardian, if different from the confidential or emergency contact(s).
c. If the resident student is under 18 years of age and not emancipated and the resident student’s custodial parent or guardian is different from the confidential contact, the custodial parent or guardian as well as the confidential contact will be notified; the emergency contact may not be contacted.
Other University Responsibilities
The university will:
- Advise all resident students of the required notification procedures.
- Retain all non-law enforcement and law enforcement records pertaining to a missing resident student report or investigation.
*While this policy applies only to students living in a dorm, we encourage that any missing student be reported to the applicable law enforcement agency. In addition, please make a Health & Safety Notification to the Dean of Students' Office by calling (520)621-7057.
NONDISCRIMINATION & ANTI-HARASSMENT POLICY
The University of Arizona is committed to creating and maintaining an environment free of discrimination. In support of this commitment, the university prohibits discrimination, including harassment and retaliation, based on a protected classification, including race, color, religion, sex (including pregnancy), national origin, age, disability, veteran status, sexual orientation, gender identity, or genetic information. The university encourages anyone who believes they have been the subject of discrimination to report the matter immediately. The university prohibition of sex discrimination also prohibits sex-based discrimination (including sexual harassment, sexual assault, dating and domestic violence, and stalking).
The Nondiscrimination and Anti-harassment Policy applies to:
- All university employees in all aspects of their employment relationship with the university
- All university students in all aspects of their participation in the university’s educational programs and activities
- All university applicants, whether for employment or for admission to educational or university-sponsored programs, activities, or facilities
- All persons or groups participating in or accessing university-sponsored programs, activities, or facilities
- All vendors or contractors in all aspects of their relationship with the university.
The university’s Nondiscrimination & Anti-harassment Policy, including definitions of discrimination, harassment, and retaliation, is available in full on the university’s policy website as well as in Appendix A.
All members of the university community are responsible for participating in creating a campus environment free from all forms of prohibited discrimination and for cooperation with university officials who investigate allegations of policy violations. An individual who believes that they have been subjected to discrimination, harassment, or retaliation in violation of this policy should report the matter immediately to obtain information about resolving concerns, including complaint-filing options and procedures, and to enable the University to take prompt remedial action.
Anyone who experiences, or is aware of, incidents of discrimination or discriminatory harassment involving a university employee, student, contractor/vendor, or visitor is encouraged to report the concern to the Office of Institutional Equity either by calling (520) 621-9449 or submitting an online report.
If possible, please file reports promptly.
VIOLENCE AGAINST WOMEN ACT (VAWA)
Procedures Victims Should Follow in Cases of Alleged Sexual Assault, Dating Violence, Domestic Violence & Stalking
It is important that all members of our community know where to turn if they have been a victim of sexual assault, dating violence, domestic violence, or stalking, need assistance or support, or would like to bring a complaint. Anyone who has witnessed, knows about, or has experienced sexual assault, dating violence, domestic violence, or stalking is strongly encouraged by the university to seek help and report the concern. Campus offices including the Office of Institutional Equity (OIE), Dean of Students Office (DOS), Campus Health, Housing & Residential Life, and Human Resources (HR) are available to assist and support a victim in notifying law enforcement.
After safety is addressed, victims of these crimes are encouraged to:
- Report the crime by dialing 9-1-1 if a report has not already been made. Tell the dispatcher as soon as possible if immediate medical attention is needed.
- Preserve evidence to aid the law enforcement investigation and prosecution.
- Note: Preserving forensic evidence is important and can aid in criminal investigations and prosecutions, administrative/disciplinary investigations, and in obtaining protective orders.
- Some ways to preserve evidence include:
- Refraining from washing, bathing, showering, or douching.
- Refraining from washing clothes or other items worn/used during the incident.
- Retaining text messages, recordings, or emails.
- Inform a law enforcement officer where items of evidence are located upon their response.
- Provide as detailed an account of the incident as possible to assist officers with their investigation.
A victim has the right to receive medical care at any emergency room facility regardless of whether a victim chooses to involve law enforcement. If a victim decides to have a medical forensic exam in Pima County, two hospital locations provide exams: Tucson Medical Center (TMC), 5301 E. Grant Road, and Banner - University Medical Center, 1625 N. Campbell Ave. If a victim is medically unstable and unable to transport themselves, or be transferred to, a hospital, a nurse can travel outside the hospital to complete a medical forensic exam. More information about medical forensic exams is available through the Southern Arizona Center Against Sexual Assault (SACASA) or OIE. Victims are encouraged to undergo an exam to preserve evidence should they decide to seek prosecution. Collected evidence may also assist in seeking a protective order. A victim does not need to aid in prosecution in order to seek medical treatment for the collection of sexual assault evidence. A victim will decide if they wish to pursue making a report to law enforcement and/or aiding in prosecution.
The university is committed to assisting and supporting individual community members affected by sexual assault, dating violence, domestic violence, and stalking. To do so, the university provides written information to victims regarding the preservation of evidence, reporting options, no-contact orders, victim rights, and resources as well as how to request interim actions. This written information is provided upon report regardless of where the incident occurred (on or off-campus) or whether the victim chooses to report the unlawful activity to law enforcement. These resources include on and off-campus options for counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services including all available supportive and protective measures described below and how to request these resources. It also includes information about disciplinary and grievance procedures for students and employees. This information is also available within this report as well as on the University of Arizona Clery Act Compliance website.
Assistance and resources are available through multiple university offices. University services are available to victims whether incidents occurred on or off-campus and regardless of whether the incident is reported to law enforcement.
OIE may be reached at (520) 621-9449 or email equity@arizona.edu to request an appointment and to learn more about OIE’s process and procedures.
Campus Health provides medical and behavioral health services and survivor support options. You may reach Campus Health Medical Services at (520) 621-9202 or through the Campus Health website, Counseling and Psych Services (CAPS), (520) 621-3334 or through the CAPS website, Survivor Support, (520) 621-5767, by email at survivoradvocacy@arizona.edu or through the Survivor Support website.
SACASA is an available off-campus resource, (520) 327-1171. SACASA services are available to victims whether incidents occurred on or off-campus and regardless of whether the incident is reported to law enforcement.
Reporting an Incident of Sexual Assault, Dating Violence, Domestic Violence, or Stalking
There are several ways to report concerns and to get needed information, support, and resources. Victims have multiple options about the involvement of law enforcement and campus authorities including the option to notify proper law enforcement authorities, including university and local police; be assisted by campus authorities in notifying law enforcement if the victim chooses; or to decline to notify such authorities. It is encouraged to report any potential crime to law enforcement and any emergency by calling 9-1-1.
If allegations of sexual assault, dating violence, domestic violence, and/or stalking are reported to the University of Arizona Police Department (UAPD), an officer will immediately be dispatched to seek medical attention for the victim, investigate the crime, and provide other assistance. If the incident occurred outside the jurisdictional responsibility of UAPD, the victim will be supported by UAPD in notifying and reporting to the proper law enforcement agency. UAPD utilizes the resources of the SACASA and an extensive support and counseling network of university personnel.
Even if an individual does not wish to involve law enforcement, victims may file a university report/complaint by completing the online reporting form available through OIE. Individuals may also contact OIE directly at (520) 621-9449 or email equity@arizona.edu to request an appointment and to learn more about OIE’s process and procedures, and whether they potentially apply to an individual’s concern.
For disability-related accommodations for reporting concerns or when seeking assistance, such as ASL interpreting, Communication Access Real-Time Translation (CART), Braille, or electronic text, etc., please contact the Disability Resource Center at (520) 621-3268 or email DRC-info@email.arizona.edu.
Protecting Confidential Information
When the university is aware of an incident of sexual assault, domestic violence, dating violence, or stalking, steps are taken to protect the confidentiality of the victim and other necessary parties including:
- Confidential resources are available to the victim to ensure the victim has access to resources, options, and support without making a report to a university official.
- Publicly available recordkeeping, such as the daily crime log and annual crime statistics, has no personally identifiable information about the victim.
- Publicly available crime warnings never have personally identifiable information about the victim.
- Accommodations are confidential (to the extent they can be without impairing the ability to provide them).
Available Supportive & Protective Measures
The university offers a range of resources to students and employees impacted by sexual assault, domestic violence, dating violence, and stalking. Supportive measures are non-disciplinary, non-punitive individualized services, offered as appropriate and reasonably available, and may include both on-going and/or interim actions which are remedial measures to ensure the safety of all individuals involved. These actions can be enacted quickly, even before (or without) a complaint being filed with the university or local law enforcement, and they will be confidential to the extent allowable under law and policy.
Supportive and protective measures can include:
No Contact Orders
When reasonable and appropriate, staff in DOS and OIE can issue an administrative order prohibiting forms of direct and indirect contact and communication. If an order is issued, the affected parties will be notified prior to, or upon, written issuance.
Violations of a no contact order can result in disciplinary action. Information about no contact orders is available from DOS, (520) 621-7057, and OIE, (520) 621-9449.
Changes to On-Campus Housing or Work Locations
When reasonable and appropriate, on-campus housing changes can be facilitated. Available housing changes can include reassignment to another available dorm, housing access restrictions, alteration of a university housing license agreement, and temporary emergency housing. Other changes are available according to circumstances; the university is obligated to comply with a student’s reasonable request for a living situation change following an alleged sex offense. Information about housing changes is available from the Housing and Residential Life Student Assistance Team and OIE, (520) 621-9449.
When reasonable and appropriate, changes to work locations and circumstances can be facilitated. Available options may include an alternate work location or schedule. Other changes are available according to circumstances. Information about work changes is available from OIE, (520) 621-9449. Additional information about supportive actions is available on OIE’s website.
Changes to Class or Activity Schedules
When reasonable and appropriate, changes to class or activity schedules can be facilitated. Available alterations include seating and workgroup changes, changes to course sections, and facilitation of requests to faculty and departments. Other changes are available according to circumstances; the university is obligated to comply with a student’s reasonable request for an academic situation change following an alleged sex offense. To request changes to class or activity schedules or to learn more, contact Survivor Advocacy, (520) 621-5767 and OIE, (520) 621-9449.
Transportation Assistance
When reasonable and appropriate, transportation assistance can be facilitated. Available assistance options include an alteration to university issued parking permits, campus escort services, and facilitating arrangements for alternate parking or transportation. Other transportation assistance is available and varies according to circumstances. Transportation assistance requests can be made to OIE, (520) 621-9449, and Survivor Advocacy (students only), (520) 621-5767. Additional information about supportive actions is available on OIE’s website.
Additional measures may also be possible. University students and employees can contact OIE, (520) 621-9449 or email equity@arizona.edu. The Title IX Coordinator, in conjunction with OIE, will work to ensure the victim’s wishes are taken into account with respect to supportive and protective measures facilitated or offered by appropriate university offices or personnel.
Obtaining Orders of Protection & Injunctions Against Harassment
An Injunction Against Harassment and an Order of Protection are both types of court orders that prohibit a person from contacting, coming into contact with, and/or harassing a victim. Victims may file a petition for an Order of Protection or an Injunction Against Harassment in courts throughout Arizona. Visit Arizona Protective Order Initiation and Notification Tool (AZPOINT) to complete a petition form and find court information.
In Pima County a completed petition can be filed at any of the following courts Monday through Friday, 8:00am-4:30pm.
- Pima County Superior Court, Clerk's Office, 110 W. Congress, 1st Floor (520) 740-3272 / (520) 740-3297
- Pima Consolidated Justice Court, 115 N. Church Avenue, 2nd Floor (520) 740-4971
- Pima County Juvenile Court, Clerks Office, 2225 E. Ajo Way (520) 740-4412 /(520) 740-5025
- Tucson City Court, 103 E. Alameda Street (520) 791-4971
The petition should be filed in Superior Court if you are involved in a pending legal action related to divorce, legal separation, paternity, child support, custody, or visitation or intend to file one of these actions within the next 30 days.
After 4:30 p.m. on weekdays, or at any time on a weekend or holiday, contact the Tucson Police Department at (520) 791-4444 or the Pima County Sheriff’s Department at (520) 741-4900 to request an emergency order.
Victims may contact the Survivor Advocacy program by phone (520)621-5767 or email, survivoradvocacy@arizona.edu for assistance with injunctions and orders. Additional information is available on the City of Tucson website and in the University of Arizona Victims’ Rights & Options brochure available online.
After an injunction or order is served, it will typically be in effect for twelve (12) months. The university is required to honor and comply with Orders of Protection and Injunctions Against Harassment. If the defendant violates the terms of an order, the police should be notified. If a victim is in danger, they should call 9-1-1.
DISCIPLINARY PROCEDURES
University Response to Reports of Sexual Assault, Dating Violence, Domestic Violence & Stalking
The University of Arizona prohibits all instances of sexual assault, dating violence, domestic violence, and stalking, whether sex-based or non-sex-based. A victim can seek confidential support or assistance, can request supportive and protective measures, and can request formal disciplinary proceedings by the university.
All reports regarding sex-based discrimination including sexual assault, dating violence, domestic violence, and stalking undergo an initial assessment by OIE based on a limited threshold review, as to whether the report alleges conduct that may be addressed through the Title IX procedures. If the report does not meet those jurisdictional requirements, the allegations may be investigated under the Student Code of Conduct or other applicable university policies.
Disciplinary Procedures Related to Sexual Assault, Dating Violence, Domestic Violence & Stalking
The following sections detail the disciplinary procedures followed by each responsible unit when adjudicating cases related to sexual assault, dating violence, domestic violence, and stalking for all University of Arizona campuses. Regardless of the unit responsible for overseeing the disciplinary proceedings, each proceeding will:
- Include a prompt, fair, and impartial process from the initial investigation to the final result.
- Be conducted by officials who, at a minimum, receive annual training on the issues related to sexual assault, dating violence, domestic violence, and stalking and on how to conduct an investigation and hearing process that protects the safety of the victims and promotes accountability.
- Provide the accuser and the accused with the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice.
- Not limit the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding; however the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties.
- Require simultaneous notification, in writing, to both the accuser and the accused of: the result of any institutional disciplinary proceeding that arises from an allegation of sexual assault, dating violence, domestic violence, or stalking; the institution’s procedures for the accused and the victim to appeal the result of the institutional disciplinary proceeding; any change to the result of a proceeding, and when such result become final.
Victims' Rights to Disciplinary Information
The University of Arizona will, upon written request, disclose to the alleged victim of a crime of violence or an incident of incest or statutory rape, the results of any disciplinary proceeding against a student alleged to have committed such an offense. If the alleged victim is deceased as a result of such crime or offense, the victim’s next of kin shall be treated as the alleged victim for the purposes of fulfilling this request.
Title IX Procedures
Issues of sexual harassment (including sexual assault, dating violence, domestic violence, and stalking) occurring between August 14, 2020 and July 31, 2024, will be assessed and/or investigated and determined under the University’s Interim Procedures for Formal Complaints of Title IX Sexual Harassment. The full text of these procedures can be viewed in Appendix B of this report.
Issues of sex discrimination, including sex-based harassment (including sexual assault, dating violence, domestic violence, and stalking) and retaliation, occurring on and after August 1, 2024, will be assessed and/or investigated and determined under the University’s Procedures for Formal Complaints of Title IX Sex Discrimination. The full text of these procedures can be viewed in Appendix C.
Procedures for Formal Complaints of Title IX Sex Discrimination [Incidents Occurring On or After August 1, 2024]
Potential violations by employees and students of the Nondiscrimination and Anti-Harassment Policy’s prohibition on sex discrimination occurring on or after August 1, 2024 are addressed through application of the Procedures for Formal Complaints of Title IX Sex Discrimination.
Reports and Complaints
Any person may report Sex Discrimination by submitting an online reporting form. Reporting by mail, telephone, or electronic mail to the Office of Institutional Equity or the Title IX Coordinator is also acceptable. A report does not constitute a Complaint subject to investigation and a Determination of Responsibility unless it can be objectively understood to be a request to investigate and determine whether Sex Discrimination occurred.
All Complaints must state an allegation of Sex Discrimination and/or Retaliation, identify the Complainant’s status as an employee, student, or other individual participating in, or attempting to participate in, a University educational program or activity, and state the action being requested.
Initial Assessment
The Title IX Coordinator will conduct an initial assessment, typically within ten (10) days of receiving a report or Formal Complaint of Sex Discrimination, to determine whether it sufficiently alleges conduct that may be addressed through these Procedures. If not, the Complainant will be offered available support, resources, and information regarding other applicable University policies and processes.
Notice of Allegations
Upon confirmation or initiation of a Formal Complaint, the Title IX Coordinator will provide written notice to the Complainant and Respondent (Notice). The Notice shall be sent to the Complainant and Respondent at least three (3) days before any scheduled meeting to allow the parties sufficient time to prepare for and attend their respective meetings and will contain:
- A link to the University’s Nondiscrimination and Anti-harassment Policy and these Procedures.
- A link to information regarding each party’s rights and options pursuant to the Clery Act, Violence Against Women Act (VAWA), and Title IX.
- A summary of the allegations, including the identities of those involved in the incident, the precise conduct that is alleged to constitute Sex Discrimination, and the date and location of the alleged incident(s), if known.
- A statement informing the parties that employees and students are required to attend any meeting scheduled under these Procedures. While attendance is required, students and employees are not required to participate in meetings pursuant to these Procedures. If an individual chooses to participate in the grievance process, they must do so by providing truthful information. Providing false or misleading information in this process may result in disciplinary action under other University policies.
- A statement that the Complainant and Respondent may have an Advisor of their choice who may be, but is not required to be, an attorney, who may attend all interviews, meetings, and related proceedings, and that they and their Advisor may inspect and review evidence under these Procedures.
- A statement that the parties will have equal access to the Investigative Report and any relevant and not otherwise impermissible evidence.
- A statement that the University has the burden of proof and that the Hearing Officer will apply the preponderance of the evidence standard to determine whether it is more likely than not that the alleged conduct occurred.
- A statement that the Respondent is presumed not responsible until a Determination of Responsibility is made after a Hearing.
- A statement that there is no restriction on the ability of either party to discuss the allegations under investigation, their own knowledge of the facts, or to gather and present relevant evidence throughout the grievance process.
- Details on how a party may request disability accommodations during the grievance process.
- An instruction to preserve any evidence that is directly related to the allegations.
- A statement that if, during the course of the investigation, additional allegations about the Complainant or Respondent are identified that were not included in the Notice, an additional supplemental notice of allegations will be provided to all parties.
- A statement that Determinations of Responsibility are made at the conclusion of the investigative process and that the parties will be given an opportunity to inspect and review all relevant information prior to a decision being made.
- A statement that retaliation is prohibited.
- A statement that if the Formal Complaint is dismissed, the allegations may be subject to investigation under the Student Code of Conduct, the Nondiscrimination and Anti-harassment Policy, or other applicable University policy
Investigation Process
The investigator will:
- Gather evidence sufficient for the Hearing Officer to reasonably determine after a Hearing whether it is more likely than not that the Respondent is responsible for the alleged Sex Discrimination based on the preponderance of the evidence standard.
- Provide the parties with written notice of the date, time, location, participants, and purpose of all investigative interviews, hearings, or other meetings, with sufficient time for the party to prepare to participate.
- Provide the parties with an equal opportunity to meet with an investigator and present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.
- Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
- Allow the Complainant and Respondent to have an Advisor of their choice, who may be, but is not required to be, an attorney and may attend all meetings, interviews, and related proceedings.
- Allow for reasonable extensions of timeframes on a case-by-case basis with a showing of good cause and written notice to the parties explaining the reason for the extension.
- Make a good faith effort to complete the investigation within ninety (90) days of receiving the Formal Complaint unless the complexity of the allegations, facts, or evidence, or other good cause for an extension exists.
- Review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of its relevance.
- Prepare an initial Investigative Report that fairly and accurately summarizes the investigation, including all interviews/meetings, and the relevant and not otherwise impermissible evidence.
- Provide the parties and their Advisors, if any, with an electronic copy of the initial Investigative Report and all relevant and not otherwise impermissible evidence and the opportunity to provide a written response within five (5) days of receipt of the Investigative Report. The response should provide the party’s reasons for disagreement with the initial Investigative Report, comments regarding the evidence, and/or any additional information or requests for information that the investigator will consider prior to finalizing the Investigative Report. A party who fails to provide a written response within the five (5) day review period waives their right to do so. All responses to the initial Investigative Report will be incorporated into the final Investigative Report, which will include a description of the procedural steps taken from the receipt of the Formal Complaint through the completion of the Investigation.
- Take reasonable steps to prevent and address the parties' and/or their Advisors' unauthorized disclosure of information and evidence obtained solely through these Procedures.
Hearing
When the investigation is complete, the investigator will transfer the final Investigative Report and relevant evidence to the Hearing Officer, who will preside over the Hearing. The Hearing Officer may assign a Hearing Facilitator or other person to organize and facilitate the Hearing process and will ensure the following requirements are met:
- The Hearing Officer will provide the Complainant and Respondent with written notice of the date, time, place, and nature of the Hearing, the specific allegations made, policies alleged to be violated, and any available pre-hearing process. The Notice, which will be provided to the parties no less than twenty (20) days prior to the set Hearing date, will include the other requirements described in this section and affirm that the Hearing is being conducted under 34 C.F.R. Part 106.46, Arizona Board of Regents Policy, and these Procedures. The Notice will be sent to the Complainant’s and Respondent’s University e-mail addresses.
- At least ten (10) days before the Hearing, the parties and their Advisors will be provided with access to an electronic copy of the final Investigative Report and all relevant and not otherwise impermissible evidence.
- No later than five (5) days before the Hearing, the Complainant and Respondent will identify their expected Hearing attendees, including any Advisor who will serve as their Hearing Advisor, and their expected witnesses (including themselves), indicating the order in which they anticipate they will be called to testify. The Hearing Officer will provide each party’s disclosure to the other party, and while the disclosures are not binding, they should be submitted in good faith.
- If the Complainant or Respondent does not have an Advisor for the Hearing, the Title IX Coordinator will provide them with a Hearing Advisor without fee or charge, solely to conduct cross-examination on their behalf.
- Each party may submit a written impact statement for the Hearing Officer’s consideration in conjunction with any sanction determinations. These statements may be submitted to the Hearing Facilitator up to one (1) day before the Hearing and will not be provided to the Hearing Officer or become part of the record unless the Hearing Officer determines that Sex Discrimination occurred.
- The Complainant and Respondent are not permitted to ask questions of the other party or 10 witnesses and must consult with, rely on, and direct their Hearing Advisors to ask questions on their behalf during cross-examination.
- The Complainant’s and Respondent’s Hearing Advisors will be permitted to ask relevant questions of the other party and witnesses, including questions that challenge their credibility.
- The Hearing Officer must exclude any irrelevant or impermissible questions asked by a Hearing Advisor and must explain to the participants why the question is irrelevant or impermissible. Additionally, the Hearing Officer will not permit questions that are unclear or harassing but must provide the Hearing Advisor an opportunity to clarify or revise the excluded question for reconsideration.
- Evidence and questions that relate to the Complainant’s sexual interests or prior sexual conduct are not relevant unless such evidence or questions are offered/asked to prove that someone other than the Respondent committed the alleged conduct or if the evidence or questions concern specific incidents of the Complainant's prior sexual conduct with the Respondent and are offered to prove consent to the alleged Sex Discrimination. The parties’ prior consensual sexual conduct does not by itself demonstrate or imply the Complainant's consent to the alleged Sex Discrimination or preclude a determination that Sex Discrimination occurred.
- Hearing Advisors cannot make factual or legal arguments to the Hearing Officer.
- The Hearing Officer can only rely on whatever relevant and permissible evidence is available through the investigation and presented at the Hearing in making the ultimate Determination of Responsibility.
- The Hearing Officer may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions that are deemed relevant and not otherwise impermissible. The Hearing Officer must not draw an inference about whether Sex Discrimination occurred based solely on a party’s or witness’s refusal to respond to such questions.
- The Hearing Officer will question the parties and witnesses to assess their credibility to the extent credibility is both in dispute and relevant to the evaluation of one or more allegations of Sex Discrimination.
- The Hearing must be “live,” meaning that the parties and their Hearing Advisors will participate in person or virtually for the entirety of the Hearing.
- Prior to the Hearing, the Complainant or Respondent may request in writing that the parties be in separate rooms during the Hearing with technology enabling the participants to see and hear each other. If this request is made, the Hearing Officer will ensure the appropriate technology and support are provided to comply.
- The Hearing Officer may choose to conduct the Hearing, or any portion of the Hearing, virtually provided that the technology used ensures that participants can see and hear each other, the Hearing Advisors, the Hearing Officer, and any witnesses.
- The Hearing Officer will ensure that a recording or transcript of the Hearing is made and that the parties have access to it.
- Other than these requirements, the Hearing Officer has the discretion and authority to conduct the Hearing as the Hearing Officer sees fit, with due consideration of treating the Complainant and Respondent equitably concerning the presentation of relevant and not otherwise impermissible evidence. This may include conducting any pre-hearing conferences or communications as necessary.
Hearing Officer’s Determination of Responsibility
The Hearing Officer will simultaneously issue a written Determination of Responsibility (Determination) to all parties within twenty (20) days after the conclusion of the Hearing. The Determination will include:
- A description of the Sex Discrimination alleged in the Formal Complaint or any supplemental notice.
- Information about the policies and procedures used to evaluate the allegation(s), including a statement of the standard of evidence used (preponderance of the evidence).
- The Hearing Officer’s evaluation of the relevant and not otherwise impermissible evidence and determination of whether Sex Discrimination occurred.
- Findings of fact.
- Conclusions regarding the application of the alleged violations to the facts.
- A statement of any disciplinary sanctions issued in conjunction with a Determination of Responsibility, including the rationale.
- A statement of whether remedies designed to restore or preserve equal access to a University educational program or activity will be provided to the Complainant and, to the extent appropriate, other students experiencing the effects of Sex Discrimination, and that the Title IX Coordinator is responsible for promptly implementing remedies.
- The procedures for an Appeal of the Determination of Responsibility and a statement that the Determination of Responsibility is the final adjudication action unless the Complainant or Respondent chooses to Appeal.
Appeal of a Determination
Either party may appeal the Hearing Officer’s Determination of Responsibility on the following grounds:
- A procedural irregularity that would change the outcome.
- New evidence that would change the outcome and was not reasonably available when the Determination or Dismissal was made.
- The decision was not reasonably justified by the evidence or is contrary to law.
- Excessive severity of the disciplinary sanction.
- The Title IX Coordinator, investigator, Hearing Officer, or other decision-maker had a conflict of interest or bias against Complainants or Respondents generally or a specific party that would change the outcome.
Any sanctions imposed as a result of the Determination of Responsibility are stayed (i.e., not implemented) during the appeal process. Supportive Measures may be maintained or reinstated until the appeal determination is made.
Interim Actions
A student or employee Respondent may be removed from a University education program or activity prior to the resolution of a disciplinary/grievance proceeding after conducting an individualized safety and risk analysis to determine whether the Respondent presents an immediate threat to the physical health or safety of the Complainant or any other individual arising from the allegations of Sex Discrimination.
When an Emergency Removal is imposed:
- Both the Complainant and Respondent will receive notice of the Emergency Removal, which will include the rationale for and terms of the removal and notice of the right to challenge the decision immediately.
- A challenge to an Emergency Removal must be submitted in writing to the Title IX Coordinator no later than five (5) days after the removal becomes effective. A party who fails to submit a timely written challenge waives their right to do so.
- If the removal is challenged, each party will be notified and given two (2) days to submit a written response to the Title IX Coordinator.
- The Title IX Coordinator will consider a challenge and any response to determine whether the removal should remain in place, be modified, or be lifted and issue a decision within ten (10) days from the date of the notice of removal. The Emergency Removal will remain in effect while a challenge is under review and, if upheld, will remain in effect until the conclusion of these Procedures or the reason(s) for imposing the Emergency Removal no longer exist.
- The Title IX Coordinator, investigator, or other decision-maker may participate in the Emergency Removal process if their role does not result in a conflict of interest or bias with respect to these Procedures.
Administrative Leave
An employee Respondent may be placed on administrative leave during the Title IX Formal Complaint process in accordance with applicable University employment policies and practices.
Summary of Anticipated Timelines
All days referred to in this summary are university business days, defined as Monday – Friday excluding any University-recognized holiday, or any day the university is closed.
The full Nondiscrimination and Anti-Harassment Policy is available online and in Appendix A. The full Procedures for Formal Complaints of Title IX Sex Discrimination is available online and are included as Appendix C.
Interim Procedures for Formal Complaints of Title IX Sexual Harassment [Incidents Occurring Between August 14, 2020 and July 31, 2024]
Potential violations by employees and students of the Nondiscrimination and Anti-Harassment Policy’s prohibition on sex discrimination (specifically known in these procedures as Title IX Sexual Harassment) occurring between August 14, 2020 and July 31, 2024 are addressed through application of the Interim Procedures for Formal Complaints of Title IX Sexual Harassment.
Filing a Formal Complaint
Formal Complaints must be filed directly with the Title IX Coordinator in person, by mail, or by electronic mail. It is strongly encouraged that the Formal Complaint be filed using the Office of Institutional Equity's online filing form.
To file a Formal Complaint of Title IX Sexual Harassment, a Complainant must submit a document (or electronic submission) that contains:
- The Complainant’s digital or physical signature;
- An allegation of Title IX Sexual Harassment against a Respondent;
- A statement of what action is being requested; and
- A statement that the Complainant is participating in, or attempting to participate in, a University educational program or activity.
Initial Assessment
Upon confirmation of receipt of a complaint, the Title IX Coordinator will make an initial assessment, based on a limited threshold review, as to whether the Formal Complaint of Title IX Sexual Harassment alleges conduct that may be addressed through these Procedures.
The investigative process will proceed if the Formal Complaint appears to allege conduct that may be addressed through these Procedures. If initial assessment of a Formal Complaint reveals insufficiencies that can be addressed the Title IX Coordinator can request additional information from the Complainant to clarify the allegations in the Formal Complaint. If the amended Formal Complaint appears to fulfill the requirements, the investigative process will proceed.
If the conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment, even if proven, did not occur in a University-sponsored educational program or activity, or did not occur against a person in the United States, the Formal Complaint must be dismissed. A mandatory dismissal does not mean that the University cannot or will not review and respond to the alleged behavior under other applicable University policies and processes. In those cases, the Title IX Coordinator will refer the matter as appropriate.
If the Formal Complaint is dismissed, the Complainant will receive a written explanation, including information regarding the appeal process, referrals to other appropriate administrative units or University officials, and resources available to assist the Complainant.
Notice of Allegation
Upon confirmation of receipt of a Formal Complaint, the Title IX Coordinator or their designee will provide written notice to the Complainant and Respondent (Notice) containing:
- A link to the university’s Nondiscrimination and Anti-harassment Policy and these Procedures.
- A link to information regarding each party’s rights and options pursuant to the Clery Act, Violence Against Women Act (VAWA), and Title IX.
- The Complainant’s sexual harassment allegations, including the identities of those involved in the incident, the conduct that is alleged to constitute sexual harassment, and the date and location of the conduct, if known.
- A statement informing the parties that employees and students must attend any meeting scheduled under these Procedures. While attendance is required, students and employees are not required to participate in meetings under this process. If an individual chooses to participate in the process, they must provide truthful information. Providing false or misleading information in this process may result in disciplinary action under other University policies.
- A statement that the Complainant and Respondent may have an advisor of their choice who may be, but is not required to be, an attorney, and that they and their advisors may inspect and review evidence under these Procedures.
- The Notice shall be sent to both parties at least three (3) days prior to any scheduled interview to allow the Complainant and Respondent sufficient time to prepare for and attend their respective meetings.
- A statement that all evidence directly related to the Formal Complaint will be shared with both parties.
- A statement that the University has the burden of proof and that the Hearing Officer will apply the preponderance of the evidence standard to determine whether it is more likely than not that the alleged conduct occurred.
- A statement that the Respondent is presumed not responsible until a Determination of responsibility is made after a Hearing.
- A statement that there is no restriction on the ability of either party to discuss the allegations under investigation, their own knowledge of the facts, or to gather and present relevant evidence throughout the investigation and adjudication process.
- A statement that if, in the course of an investigation, additional allegations about the Complainant or Respondent are identified that were not included in the Notice, an additional supplemental notice of allegations will be provided to all parties.
- A statement that if the Formal Complaint must be dismissed, the allegations may be investigated under the Student Code of Conduct, the Nondiscrimination and Anti-harassment Policy, or other applicable University policy.
Investigation Process
The investigator will:
- Gather evidence sufficient for the Hearing Officer to reasonably determine after a Hearing whether it is more likely than not that the Respondent is responsible for the alleged Title IX Sexual Harassment based on the preponderance of the evidence.
- Provide the Complainant and Respondent with written notice of the date, time, location, participants, and purpose of any meeting or interview that includes them, allowing sufficient time for the Complainant or Respondent to meaningfully participate in their respective interviews.
- Provide the Complainant and Respondent with the same reasonable opportunities to meet with the Investigator, identify and present witnesses, including fact and expert witnesses, and provide any other relevant evidence.
- Allow the Complainant and Respondent to discuss the allegations, gather evidence, or present relevant evidence to the Investigator at any point during the investigation.
- Allow the Complainant and Respondent to have an Advisor of their choice.
- Complete the investigation within ninety (90) days of receiving the Formal Complaint unless the complexity of the allegations, facts, or evidence, or other cause for an extension exists. When an extension is necessary, the Investigator will inform the Complainant and Respondent of the extension in writing.
- Provide the Complainant and Respondent with an equal opportunity to reasonably inspect or review any relevant evidence obtained by the Investigator during the investigation before the Hearing.
Initial Investigative Report
An electronic copy of the initial Investigative Report will be provided to the parties and their Advisors. Each party may provide a written response to the initial Investigative Report to the Investigator within ten (10) days. The response should provide the party’s reasons for disagreement with the initial Investigative Report. If the Complainant or Respondent responds to the evidence in writing, the Investigator will consider that response before finalizing the Investigative Report. All responses to the initial Investigative Report will be included in the investigation file.
Final Investigative Report
A copy of the final Investigative Report will be provided to the Hearing Officer who will conduct the hearing. At least ten (10) days before the Hearing, the parties and their Advisors will be provided with access to an electronic copy of the final Investigative Report, which fairly summarizes the relevant evidence and includes a description of the procedural steps taken from the receipt of the Formal Complaint through the completion of the Investigative Report.
Hearing
When the investigation is complete, the Investigator will transfer the final Investigative Report and relevant evidence to the Hearing Officer, who will preside over the Hearing. The Hearing Officer may assign a technical assistant or other person to organize and facilitate the Hearing process. The Hearing Officer will make all decisions concerning how the Hearing will be conducted, including the following requirements:
- The Hearing Officer will provide the Complainant and Respondent with written notice of their assignment and direction as to the time, place, nature of the Hearing, the specific allegations made, and any pre-hearing process to occur before the Hearing. The Notice, which will be provided to the parties no less than twenty (20) days before the set Hearing date, will include the other requirements described in this section, a copy of the final Investigative Report, and affirm that the Hearing is being conducted under 34 C.F.R. Part 106.45, Arizona Board of Regents Policy, and these Procedures. The notice will be sent to the Complainant’s and Respondent’s University e-mail addresses.
- No later than five (5) days before the Hearing, the Complainant and Respondent will identify their expected Hearing attendees, including any Advisor who will serve as their Hearing Advisor, and their expected witnesses (including themselves), indicating the order in which they anticipate they will be called to testify. The Hearing Officer will provide each party’s disclosure to the other party, and while the disclosures are not binding, they should be submitted in good faith.
- Each party may submit a written impact statement for the Hearing Officer’s consideration in conjunction with any sanction determinations. These statements may be submitted to the Hearing Facilitator up to one (1) day before the Hearing and will not be provided to the Hearing Officer or become part of the record unless the Hearing Officer determines that a Policy violation occurred.
- If the Complainant or Respondent does not have an Advisor for the Hearing, the Title IX Coordinator will provide them with a Hearing Advisor without fee or charge solely to conduct cross-examination on their behalf.
- The Complainant and Respondent are not permitted to ask questions of the other party or witnesses and must consult with, rely on, and direct their Advisors to ask questions on their behalf.
- The Complainant’s and Respondent’s Hearing Advisors will be permitted to ask relevant questions of the other party and witnesses, including questions that challenge their credibility.
- The Hearing Officer has the authority to exclude any irrelevant questions asked by an Advisor but must explain to the participants why the question is irrelevant.
- Questions about the Complainant’s sexual predisposition or prior sexual behavior are not relevant unless such questions are asked to prove that someone other than the Respondent committed the alleged sexually harassing conduct or if the questions concern the Respondent’s interaction with the Complainant and are to prove the Complainant’s consent to the alleged conduct.
- Advisors are not permitted to make factual or legal arguments to the Hearing Officer.
- The Hearing Officer can only rely on whatever relevant evidence is available through the investigation and presented at the Hearing in making the ultimate Determination of Responsibility. The Hearing Officer may not draw any inference solely from one’s absence from the Hearing or refusal to submit to cross-examination or answer other questions.
- The Hearing must be “live” meaning that the parties and their Hearing Advisors will participate in person or virtually for all of the Hearing.
- Before the Hearing, the Complainant or Respondent may request in writing that the parties be in separate rooms during the Hearing with technology enabling the participants to see and hear each other. If this request is made, the Hearing Officer will ensure the appropriate technology and support are provided to comply.
- The Hearing Officer may choose to conduct the Hearing, or any portion of the Hearing, virtually, provided that the technology used ensures that participants can see and hear each other, their Advisors, the Hearing Officer, and any witnesses.
- The Hearing Officer will ensure that an audio/visual recording, or transcript, of the Hearing will be made and that the Complainant and Respondent will have access to the recording or transcript.
- Other than these requirements, the Hearing Officer has the discretion and authority to conduct the Hearing as the Hearing Officer sees fit, with due consideration of treating the Complainant and Respondent equitably concerning the presentation of relevant evidence. This may include conducting any pre-hearing conferences or communications as necessary.
Determination of Responsibility
The Hearing Officer will simultaneously issue a written Determination of Responsibility to all parties within twenty (20) days after the conclusion of the Hearing. The Determination will include:
- The allegations of Title IX Sexual Harassment in the Formal Complaint or any supplemental notice.
- A description of the procedural steps taken from receipt of the Formal Complaint, including notifications, dates of meetings or interviews, site visits, and methods used to gather evidence during the investigation and the Hearing.
- A statement of the standard of evidence used (preponderance of the evidence).
- Findings of fact.
- Conclusions regarding the application of the alleged violations to the facts.
- A statement concerning the reasoning for determining responsibility, or lack of responsibility, for each allegation of Title IX Sexual Harassment in the Formal Complaint or supplemental notice.
- A statement of any disciplinary sanctions issued in conjunction with a Determination of Responsibility, including the rationale.
- A statement of whether remedies designed to restore or preserve equal access to a University educational program or activity will be provided to the Complainant and that the Title IX Coordinator is responsible for promptly implementing remedies.
- The procedures for an Appeal of the Determination of Responsibility and a statement that the Determination of Responsibility is the final adjudication action unless the Complainant or Respondent chooses to Appeal.
Procedures for Appeal
- If either party chooses to file an Appeal of a Determination of Responsibility or Dismissal, they must provide a Written Statement of Appeal to the Provost and Title IX Coordinator within ten (10) days of the Determination or Dismissal. The Written Statement of Appeal must specify the grounds for the Appeal and explain how it could have affected the outcome. If the ground for an Appeal is to consider new evidence that was not reasonably available to the appealing party at the time the Determination of Responsibility or Dismissal was made, the Appeal must describe the relevant evidence, explain why it was unavailable when the Determination or Dismissal decision was made, and explain how it could have affected the outcome of the matter. Any new evidence should be attached to the Written Statement of Appeal.
- The Title IX Coordinator retains the discretion to verify and/or waive minor procedural variations in the timing and content of the Appeal submission. If the Title IX Coordinator exercises this discretion, the parties will receive a written explanation for the action and the reason(s) for the action.
- Upon receipt of a timely Appeal, the Title IX Coordinator or designee will provide the other party with notification of the Appeal.
- The Title IX Coordinator or designee will provide the non-appealing party with the Written Statement of Appeal, including any attachments.
- The non-appealing party will have ten (10) days after receipt of the Written Statement of Appeal to provide the Provost and the Title IX Coordinator with a Response to the Written Statement of Appeal that requests affirmation of the Determination of Responsibility or Dismissal and/or responds to the submitted Appeal.
- Within twenty (20) days of receiving the Response to the Written Statement of Appeal, the Provost or their designee will provide a written Appeal Decision to the parties explaining the rationale for the decision. The Appeal Decision of the Provost or their designee is final.
Disciplinary Sanction Status During Appeal
Any sanctions imposed as a result of the Determination of Responsibility are stayed (i.e., not implemented) during the appeal process. Supportive Measures may be maintained or reinstated until the appeal determination is made.
Interim Actions
A student or employee may be removed from a University education program or activity prior to the resolution of a disciplinary/grievance proceeding after conducting an individualized assessment of safety factors to determine whether an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Title IX Sexual Harassment justifies removal.
Emergency Removal
- The Complainant and Respondent will receive notice of the Emergency Removal, including the terms of the removal and notice of the right to challenge the decision immediately following the removal.
- A challenge to an Emergency Removal must be submitted in writing no later than five (5) days following the effective date of the removal.
- Each party will be notified of any challenge to the removal and given two (2) days to submit a written response to the challenge.
- The University will consider a challenge and any responses to determine whether the removal should remain in place or be lifted.
- Any challenge to an Emergency Removal decision will be reviewed within twenty (20) days from the date of the notice of removal.
- If upheld, the Emergency Removal will remain in effect until the decision-making process is concluded or the reasons for imposing the emergency removal no longer exist.
Administrative Leave
An employee Respondent may be placed on administrative leave during the Title IX investigation and adjudication process in accordance with applicable University employment policies and practices.
Summary of Anticipated Timelines
All days referred to in this summary are university business days, defined as Monday – Friday excluding any University-recognized holiday, or any day the university is closed.
The full Nondiscrimination and Anti-Harassment Policy is available online and in Appendix A, the full Interim Procedures for Formal Complaints of Title IX Sexual Harassment is available online and are included as Appendix B.
Dean of Student (DOS) Procedures
Potential violations by undergraduate and graduate students of the Student Code of Conduct (ABOR 5-308) are addressed through application of the Student Code of Conduct Disciplinary Procedures (ABOR 5-403).
Upon receiving a report of sexual misconduct, including sexual assault, dating violence, domestic violence, or stalking that does not meet the limited threshold for a Title IX investigation, a DOS designee/hearing officer will be assigned.
If the DOS designee/hearing officer makes an initial determination that a sufficient basis exists to believe that a violation of the Student Code of Conduct may have occurred the student Respondent is timely notified in writing of the alleged violation.
The notification to the student Respondent will provide:
- An explanation of the charges which have been made;
- A summary of the information gathered;
- A reasonable opportunity for the student Respondent to reflect upon and respond on their own behalf to the charges; and
- An explanation of the applicable disciplinary procedures, including the student Respondent’s right to request a hearing before a University Hearing Board if suspension, expulsion, or degree revocation is imposed.
The DOS designee/hearing officer will gather further information, if needed, by interviewing witnesses and reviewing documents. Prior to deciding whether a student Respondent has violated the Student Code of Conduct, the student Respondent will have an opportunity to meet with a DOS designee/hearing officer and to respond to information gathered in the investigation. The standard of evidence used in these investigations is the preponderance of the evidence (more likely than not) that a violation has occurred.
Determination
After considering the response, the student Respondent will be notified in writing of the decision within (7) seven days of the student’s last opportunity to respond. The written decision is final unless an appeal is filed requesting a hearing to review the decision. The written decision will include:
- A statement of the charges;
- The determination; and
- The sanction to be imposed, if any.
If the student Respondent is found responsible for a violation and a disciplinary sanction of suspension, expulsion, or degree revocation is imposed, they may appeal the finding. An appeal hearing before the University Hearing Board will then be scheduled. No less than (20) twenty days prior to the date set for the hearing, the student Respondent will receive a written notice that includes:
- The date, time, location, and nature of the hearing;
- A written statement of the charges which specifies the allegations of misconduct in enough detail to enable the student Respondent to respond;
- Notice of the right to be assisted by an advisor, who may be an attorney;
- A copy of or link to the applicable Policy and/or Code of Conduct and Disciplinary Procedures; and
- A list of the names of all hearing board members, and the university address of the Chair.
Review by Hearing Board
The University Hearing Board is the body that conducts hearings concerning suspensions, expulsions, and degree revocations. The hearing board is advisory to the Provost who will make the final decision.
The hearing board conducts live student disciplinary hearings and, based solely on the information presented in the hearing, formulates a recommendation to the Provost regarding the student Respondent’s appeal. The hearing board may make a recommendation as to whether a violation of the Student Code of Conduct was more likely than not to have been committed by the student. The hearing board may make a recommendation as to whether the imposed sanctions should remain as imposed or should be modified if appropriate. The recommendation to the Provost is made in writing no later than (3) three days following the conclusion of the hearing.
Review and Decision by Provost
After review of the hearing board's recommendation, the Provost will render a decision which either affirms, denies or modifies the recommendation of the hearing board. The Provost will issue a written decision no later than (20) twenty days following receipt of the hearing board's recommendation, except when it becomes necessary to conduct further investigation or to remand the matter to the hearing board, in which case the written decision will be transmitted no later than (20) twenty days following completion of the investigation or the subsequent recommendation of the hearing board.
Copies of the written decision will be promptly transmitted to the parties and to all members of the hearing board.
Request for Review of Rehearing
The decision of the Provost is a final decision from the date it is issued, unless the student Respondent requests review or rehearing within (15) fifteen days after it is issued. The Provost will respond in writing to the student's request for review or rehearing within 15 (fifteen) days of receipt of the request. The Provost may uphold or modify the previous decision, or grant a rehearing on the issues raised by the request. The decision of the Provost is final.
Interim Action
A student Respondent may be restricted or suspended for an interim period prior to the resolution of a disciplinary proceeding if there is reliable information that supports an allegation of misconduct, and it is determined that the continued presence of the student on the university campus or at university sponsored events poses a threat of harm or substantial disruption. The decision to restrict or suspend a student Respondent for an interim period will be communicated in writing to the student and will become effective immediately as of the date of the written decision.
A student Respondent who is restricted or suspended for an interim period will be provided an opportunity to respond to the allegations of misconduct no later than (5) five days following the effective date of the interim action. The interim action will remain in effect until a final decision has been made on the pending charges or until a determination that the reasons for imposing the interim action no longer exist.
Other forms of interim action, such as immediate removal from university housing or exclusion from one or more classes or other locations may be imposed.
In student discipline/Code of Conduct cases involving allegations of VAWA offenses (Sexual Assault, Dating Violence, Domestic Violence, or Stalking), an alleged victim who is a student or employee may participate in the conduct process in the following ways:
- The Complainant and the student Respondent are entitled to simultaneous written notification of the initiation of conduct charges, interim actions, conduct determinations and analysis, and disciplinary recommendations, modifications, and finalization.
- The Complainant has the same right as the student Respondent to meet with the Dean of Students during any conduct investigation and to have an advisor of their choice present.
- The Complainant has the same right as the student Respondent to timely access information that will be used during any disciplinary hearing.
- The Complainant has the same right as the student Respondent to request a hearing when the Dean of Students has imposed the sanction of suspension, expulsion, or degree revocation.
- The Complainant has the right to observe a hearing and to be accompanied by an advisor of their choice regardless of whether they participate as a party by requesting a hearing.
- If the Complainant requests a hearing, then they can participate as a party at the hearing and can be accompanied by an advisor of their choice and expense, who may be an attorney.
- The Complainant and student Respondent are entitled to prior notification of meetings where the other will be present.
- Any available review, appeal, or request for reconsideration process provided to the student Respondent is also available to a Complainant.
Summary of Anticipated Timelines
- All days referred to in this summary are university business days, defined as Monday – Friday excluding any officially recognized university employee holiday, or any day the university is closed.
The full Student Code of Conduct Disciplinary Procedures are available online and in Appendix D, the full Interim Protocols for Student Code of Conduct Procedures Involving Allegations of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking are included as Appendix E.
Note: Policies and disciplinary procedures provided in this report are subject to change at any time; it is recommended to utilize the links and information provided to access up-to-date information.
When a change is made to safety and security policies which are required to be contained in the Annual Security Report, the report may be revised and republished.
Disciplinary Sanctions
Sanctions may be imposed for Title IX prohibitions and Code of Conduct violations, including for sexual assault, domestic violence, dating violence, and stalking. In determining the disciplinary sanction, any mitigating or aggravating factors will be considered, including any prior violations of policy.
Disciplinary sanctions or actions that may be imposed on students include:
- Expulsion
- Suspension
- Degree revocation
- Probation
- Warning
- Administrative hold on documentation in the Registrar’s Office
- Restricted access to university property
- Restitution
- Notation on transcript
Disciplinary sanctions or actions that may be imposed on employees include:
- Dismissal
- Suspension without pay
- Disciplinary probation
- Involuntary demotion
- Written reprimand
- Written warning
ALCOHOL & DRUG USE POLICIES
Alcohol Policy
Per university policy, SA-203, the university recognizes that the legal use of alcoholic beverages is a matter of personal choice. The university requires that those who choose to drink on university property abide by state law and university regulations and expects that such individuals will conduct themselves responsibly. The university enforces state laws including those prohibiting providing alcoholic beverages to individuals under 21 or possession or consumption of alcoholic beverages by individuals under 21.
Arizona Revised Statutes make it unlawful:
- For a person under the age of 21 years to buy, receive, have in possession, or consume spirituous liquor. A.R.S. § 4-241.
- For a person to buy for resale, sell, or deal in spirituous liquors in this state without first having procured a license duly issued by the Arizona State Liquor Board. A.R.S. § 4-244(1).
- To consume spirituous liquor in a public place, thoroughfare, or gathering as set forth in A.R.S. § 4-244(20).
- For any person to serve or to furnish spirituous liquor to an intoxicated or disorderly person, or for any person to allow or to permit an intoxicated or disorderly person to come into or to remain at an event where spirituous liquor is being served or consumed. A.R.S. § 4-244(14).
- For a person to operate a motor vehicle on any highway while consuming spirituous liquor. A.R.S.§ 4-244(21).
- To conduct drinking contests, or to sell or provide to a person an unlimited number of spirituous liquor beverages during any set period of time for a fixed price or to provide more than two spirituous liquor beverages to one person at one time for that person's consumption as set forth in A.R.S. § 4-244(23).
Authorization to serve or sell alcohol on university property shall be by permission of the President, or the President's designee, pursuant to Arizona Board of Regents (ABOR) Policy 5-108(B), whose decision shall be final. The authorization shall be by a written agreement containing the parameters of such authorization and appropriate provisions regarding liquor licensing, indemnification, liquor liability insurance, and other insurance/surety requirements as may be required by the university's Risk Management Services. The University of Arizona alcohol permit application is available on the Arizona Student Union’s website.
Per ABOR policy 5-108(B), the following additional rules shall apply to the authorized service or sale of alcohol on University property:
- No service or sale to persons under age 21;
- No sale by persons under age 21 and no service by persons under age 21;
- No consumption of alcohol by persons selling or serving alcohol;
- No service or sale of alcohol to persons who are intoxicated or disorderly, and such persons shall not be allowed to remain on the premises where alcohol is furnished for more than 30 minutes after such condition is known to the person selling or serving alcohol;
- Persons under 21 are not allowed in an area where alcohol is sold unless they are an on-duty employee or are accompanied by a spouse, parent, or legal guardian who is of legal drinking age;
- Any person who is authorized to serve or sell alcohol and who has reason to question the age of a person ordering alcohol must request a photo identification that proves the individual is over 21;
- Any service or sale of alcohol must be by an authorized vendor holding a valid liquor license;
- Non-alcoholic beverages and food should be made available at events where alcohol is served or sold; and
- Alcohol may only be consumed in approved locations.
Consumption of alcoholic beverages by persons of legal drinking age is permitted as follows:
- Within student living quarters under the specific terms of that living environment; and
- Within designated limited-access areas on university property when said areas have been so identified and are used according to an authorization approved by the appropriate university authority.
A full list of the Arizona Revised Statutes pertaining to alcohol, drugs, and other controlled substances is available on the Safe and Drug Free Campus website.
Drug Policy
The university prohibits the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance on its property or as part of any of its activities. Further, the university prohibits employees while on duty from consuming or being under the influence of (a) alcoholic beverages or (b) a controlled substance not prescribed for the employee by the employee's health care provider.
University of Arizona students and employees are subject to all applicable drug and alcohol policies, including policies set forth in the Classified Staff Human Resources Policy Manual, University Handbook for Appointed Personnel, ABOR Code of Conduct, the University of Arizona Alcohol Policy and Regulations, and other applicable rules as adopted. The university enforces federal and state laws including those prohibiting the distribution, possession or use of illegal drugs or controlled substances.
Drug-Free Schools & Communities Act
The University of Arizona strives to realize a healthy environment for our community via education, counseling, research and assessment, and policies. Under the Drug-Free Workplace Act of 1988 (41 U.S. Code, Section 8102) and the Drug-Free Schools and Communities Act of 1989 ("Act") (20 U.S. Code, Section 3181 et. seq.), "no institution of higher education shall be eligible to receive funds or any other form of financial assistance under any federal program, including participation in any federally funded or guaranteed student loan program," unless it has adopted and implemented a program to prevent the use of illicit drugs and abuse of alcohol by students and employees. Additional information on the university’s Drug-Free Schools and Campuses policies and programs is available online.
Policy and Prohibition
The university prohibits the unlawful manufacture, dispensation, distribution, possession, or use of a controlled substance on its property or as part of any of its activities. The university enforces state laws including those prohibiting the following activities on campus: providing alcoholic beverages to individuals under 21 or possession or consumption of alcoholic beverages by individuals under 21; distribution, possession or use of illegal drugs or controlled substances.
Students are subject to all applicable drug and alcohol policies, including policies set forth in the ABOR Code of Conduct, the University of Arizona Alcohol Policy and Regulations, and other applicable rules as adopted. The Student Code of Conduct prohibits students from (a) violation of the board or university rules or applicable laws governing alcohol, including consumption, distribution, unauthorized sale, or possession of alcoholic beverages; (b) unauthorized use, sale, possession, or distribution of any controlled substance or illegal drug or possession of drug paraphernalia that would violate the law; (c) hazing including acts which advocate or promote alcohol or substance abuse.
Students and employees who violate these policies will be subject to disciplinary action. More information can be found on the Safe and Drug Free Campus website.
Arizona Medical Marijuana Act
Arizona voters approved the Arizona Medical Marijuana Act in 2010 and the Smart & Safe Arizona Act in 2020. These acts permit individuals to possess and use limited quantities of marijuana. However, because of its obligations under the federal Controlled Substances Act, the university will continue to prohibit marijuana possession and use for any purpose on campus.
University policy does not prohibit medical research projects involving marijuana from being conducted on campus as authorized by applicable university or federal authorities, which may include the Food and Drug Administration, the Drug Enforcement Administration, and the National Institute on Drug Abuse.
Health Risks
There are many health risks associated with the abuse of alcohol and illegal substances. Alcohol or any other drug used in excess over time can produce illness, disability, and death. The health consequences of substance abuse may be immediate and unpredictable, such as cardiac arrest with cocaine use, or more subtle and long term, such as liver deterioration associated with the prolonged use of alcohol.
- Accidents, injuries, relationship problems, domestic violence, financial challenges, and decline in job performance
- Dependence, following repeated use and abuse of alcohol and other drugs
- Poor personal health, including high blood pressure, heart disease, stroke, liver disease and digestive problems. Substance use can also adversely affect sleep and nutrition
More information can be found on the Safe and Drug Free Campus website.
Sanctions
For both students and employees, local, state, and federal laws make unlawful possession or distribution of illicit drugs and alcohol serious crimes. Conviction can lead to imprisonment, fines, and required community service or rehabilitation.
Sanctions for Students
In order to ensure fair and consistent treatment of all students who are accused of using drugs or alcohol in violation of law and/or policy, the university will follow applicable policies and procedures (e.g., Student Code of Conduct and Student Disciplinary Procedures, ABOR Code of Conduct) and where appropriate, local, state, and federal laws and regulations. Sanctions will be imposed on students who violate Arizona Board of Regents or university drug and/or alcohol policies.
Sanctions for students may include discipline, restrictions, and administrative actions including:
- Expulsion (permanent separation of the student from the university)
- Suspension (temporary separation from the university for a specified period of time or until specific conditions, if imposed, have been met)
- Probation (removal of the student from good conduct standing)
- Written warning (advisement that a violation has been committed and further misconduct may result in more severe disciplinary action)
Sanctions for Employees (Including Student Employees)
To ensure fair and consistent treatment of all employees who are accused of using illegal drugs or alcohol, the university will handle all cases that come to its attention within the guidelines of the rules of conduct and disciplinary procedures applicable to employment type, the ABOR Code of Conduct, and, where appropriate, local, state, and federal regulations.
Employees who violate ABOR or university drug or alcohol policies are subject to university sanctions. Sanctions for employees may include:
- Dismissal (termination of employment)
- Disciplinary probation (specific timeframe in which improvement is required)
- Suspension without pay (temporary release from duty without pay)
- Written warning (notification that behavior is not acceptable and must improve)
Support & Resources
If you are experiencing problems with alcohol and/or other drugs, campus and community resources are available to assist you. A full list of resources is available at on the university's Safe and Drug Free Campus website.
Students
Campus Health provides alcohol and drug programs, counseling, and treatment options:
- Health Promotion & Preventive Services provides risk reduction programs for students, including the SHADE (Student Health Alcohol/Drug Education) program for those in violation of university alcohol and marijuana policies, and presentations to the campus community. These programs provide students with information on the risks of drug and alcohol abuse.
- Counseling & Psych Services (CAPS) offers confidential short-term counseling and community referrals as needed.
- Wildcats Anonymous is an on-campus organization that works jointly with CAPS to provide meetings, programming, and peer mentoring for students who want to address their substance use.
- First-year students are required to complete the eCHECK UP TO GO program by the end of September; the program is continually available to all students.
- Additional information on programs and resources related to alcohol, including SHADE, the Red Cup Q&A, and The Buzz, can be found on the Health Promotion & Preventive Services website.
- If you know someone who may be struggling with alcohol or other drugs, the Friend 2 Friend website is another resource that can provide assistance.
Employees
For employees dealing with unhealthy substance use, the university offers resources to help. Life & Work Connections’ Employee Assistance Counseling provides free and confidential short-term counseling and resources for drug and/or alcohol misuse to benefits-eligible employees nationwide, their dependents and members of their household. Supervisor consultations are available with Senior Human Resource Partners to guide supervisors if a university policy has been violated.
In addition, state and university health plans cover rehabilitation services for substance use disorders. Employees can speak with a primary care physician or their health carrier's member services department to learn more.
Several community-based resources are also available to assist students and employees:
More information about associated health risks can be found on the Safe and Drug Free Campus website.
Reporting Responsibility
The University of Arizona Police Department (UAPD) refers all students cited, arrested, or diverted in lieu of arrest (disciplinary referral) for drug and alcohol offenses to the Dean of Students Office (DOS). Students arrested or cited are also referred and/or subject to criminal prosecution. Students found responsible for any alcohol or drug-related offense which occurred on-campus, or as part of any university activities, may face both criminal and administrative sanctioning; campus employees may be subject to termination. DOS staff are available to answer any questions pertaining to the university's enforcement of, and compliance with, law and policy.
CRIME STATISTICS
Crime statistics for all University of Arizona campuses are gathered in accordance with the guidelines established under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. In addition to publishing this Annual Security Report, the University of Arizona submits the annual crime statistics published in this report to the U.S. Department of Education.
These statistics capture reports of allegations of the types listed, including anonymous reports, which have been collated for the purpose of this Annual Security Report. Crime statistics are reported for a three-year period under the year in which the crimes were reported. Statistics do not represent findings of any university investigative or judicial processes. Requests for information on Clery-reportable crimes occurring on university owned or controlled property outside of the jurisdiction of the University of Arizona Police Department were made to all affiliated law enforcement agencies. Any reports of Clery crimes occurring on these properties have been included in these statistics under the applicable campus, however, not all law enforcement agencies responded to the University of Arizona’s public records requests.
Main Campus Crime Statistics
Criminal Offenses- Main Campus (Tucson, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilitiesa |
---|---|---|---|---|---|
Murder/Non-negligent Manslaughter (2021) |
1 |
0 |
0 |
1 |
0 |
Murder/Non-negligent Manslaughter (2022) |
1 |
0 |
0 |
1 |
0 |
Murder/Non-negligent Manslaughter (2023) |
0 |
0 |
0 |
0 |
0 |
Manslaughter by Negligence (2021) |
0 |
0 |
0 |
0 |
0 |
Manslaughter by Negligence (2022) |
0 |
0 |
0 |
0 |
0 |
Manslaughter by Negligence (2023) |
0 |
0 |
0 |
0 |
0 |
Sex Offenses: Rape (2021) |
15 |
3 |
0 |
18 |
13 |
Sex Offenses: Rape (2022) |
75 |
7 |
1 |
83b |
73 |
Sex Offenses: Rape (2023) |
17 |
9 |
0 |
26 |
15 |
Sex Offenses: Fondling (2021) |
10 |
1 |
0 |
11 |
9 |
Sex Offenses: Fondling (2022) |
10 |
1 |
0 |
11 |
7 |
Sex Offenses: Fondling (2023) |
10 |
1 |
1 |
12 |
8 |
Sex Offenses: Incest (2021) |
0 |
0 |
0 |
0 |
0 |
Sex Offenses: Incest (2022) |
0 |
0 |
0 |
0 |
0 |
Sex Offenses: Incest (2023) |
0 |
0 |
0 |
0 |
0 |
Sex Offenses: Statutory Rape (2021) |
0 |
0 |
0 |
0 |
0 |
Sex Offenses: Statutory Rape (2022) |
0 |
0 |
0 |
0 |
0 |
Sex Offenses: Statutory Rape (2023) |
1 |
0 |
0 |
1 |
1 |
Robbery (2021) |
1 |
0 |
1 |
2 |
0 |
Robbery (2022) |
3 |
1 |
0 |
4 |
0 |
Robbery (2023) |
4 |
0 |
0 |
4 |
0 |
Aggravated Assault (2021) |
5 |
1 |
5 |
11 |
1 |
Aggravated Assault (2022) |
16 |
0 |
0 |
16 |
1 |
Aggravated Assault (2023) |
6 |
0 |
2 |
8 |
2 |
Burglary (2021) |
17 |
5 |
0 |
22 |
4 |
Burglary (2022) |
16 |
9 |
0 |
25 |
12 |
Burglary (2023) |
20 |
7 |
0 |
27 |
14 |
Motor Vehicle Theft (2021) |
14 |
1 |
4 |
19 |
0 |
Motor Vehicle Theft (2022) |
29 |
4 |
0 |
33 |
0 |
Motor Vehicle Theft (2023) |
20 |
0 |
2 |
22 |
0 |
Arson (2021) |
1 |
2 |
0 |
3 |
1 |
Arson (2022) |
2 |
2 |
0 |
4 |
0 |
Arson (2023) |
2 |
0 |
0 |
2 |
1 |
Violence Against Women Act (VAWA) Crimes- Main Campus (Tucson, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilities |
---|---|---|---|---|---|
Domestic Violence (2021) |
17 |
2 |
2 |
21 |
14 |
Domestic Violence (2022) |
2 |
0 |
3 |
5 |
0 |
Domestic Violence (2023) |
10 |
1 |
0 |
11 |
9 |
Dating Violence (2021) |
2 |
0 |
0 |
2 |
1 |
Dating Violence (2022) |
78 |
1 |
0 |
79b |
72 |
Dating Violence (2023) |
0 |
0 |
0 |
0c |
0 |
Stalking (2021) |
3 |
0 |
0 |
3 |
0 |
Stalking (2022) |
19 |
0 |
0 |
19 |
3 |
Stalking (2023) |
16 |
0 |
0 |
16 |
12 |
Arrests & Disciplinary Referrals- Main Campus (Tucson, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilitiesa |
---|---|---|---|---|---|
Liquor Law Arrests (2021) |
48 |
4 |
52 |
104 |
27 |
Liquor Law Arrests (2022) |
50 |
9 |
19 |
78 |
29 |
Liquor Law Arrests (2023) |
45 |
5 |
8 |
58 |
28 |
Liquor Law Disciplinary Referrals (2021) |
513 |
2 |
55 |
570 |
493 |
Liquor Law Disciplinary Referrals (2022) |
397 |
14 |
41 |
452 |
372 |
Liquor Law Disciplinary Referrals (2023) |
671 |
6 |
29 |
706 |
634 |
Drug Abuse Arrests (2021) |
19 |
4 |
17 |
40 |
1 |
Drug Abuse Arrests (2022) |
26 |
2 |
7 |
35 |
9 |
Drug Abuse Arrests (2023) |
69 |
1 |
4 |
74 |
4 |
Drug Abuse Disciplinary Referrals (2021) |
10 |
0 |
0 |
10 |
3 |
Drug Abuse Disciplinary Referrals (2022) |
35 |
0 |
2 |
37 |
32 |
Drug Abuse Disciplinary Referrals (2023) |
66 |
0 |
0 |
66 |
56 |
Weapons Law Arrests (2021) |
0 |
0 |
2 |
2 |
0 |
Weapons Law Arrests (2022) |
1 |
0 |
0 |
1 |
0 |
Weapons Law Arrests (2023) |
2 |
0 |
0 |
2 |
0 |
Weapons Law Disciplinary Referrals (2021) |
0 |
0 |
0 |
0 |
0 |
Weapons Law Disciplinary Referrals (2022) |
0 |
0 |
0 |
0 |
0 |
Weapons Law Disciplinary Referrals (2023) |
0 |
0 |
0 |
0 |
0 |
a On-Campus Student Housing Facilities are a subset of On-Campus Property.
b In 2022, the university received a report of a number of incidents of alleged Rape (estimated at 64) that purportedly occurred in the context of a dating relationship over a period of months in 2021. In accordance with federal guidance, the university is recording each reported incident as a separate occurrence of both Rape and Dating Violence. The purpose of including this explanatory footnote is to ensure that the statistics recorded paint a coherent picture of campus safety, a purpose that is frustrated without noting that 64 of the 83 reported incidents of Rape and 64 out of the 79 reported incidents of Dating Violence arose out of these particular circumstances.
c Federal guidance specifies that the classification of Domestic and Dating Violence incidents is influenced by the domestic and/or family laws of the jurisdiction where the crime occurred. In Arizona, Dating Violence is categorized under Domestic Violence laws. During 2022, while the university was undergoing organizational changes in its Clery reporting processes, a decision was made to distinguish these offenses. However, in 2023, the university returned to its prior practice of classifying these offenses together, consistent with Arizona state statute and the approach used in 2021 and earlier years. The purpose of including this explanatory footnote is to ensure that the statistics recorded paint a coherent picture of campus safety.
Hate Crimes- Main Campus (Tucson, AZ)
Year | Number of Hate Crimes |
---|---|
2021 |
One (1) on-campus Vandalism characterized by racial bias One (1) public property Vandalism characterized by racial bias |
2022 |
Four (4) on-campus Aggravated Assault characterized by sexual orientation bias One (1) on-campus Simple Assault characterized by national origin bias Three (3) on-campus Intimidation characterized by national origin bias One (1) on-campus Intimidation characterized by racial bias One (1) on-campus Destruction/Damage/Vandalism of Property characterized by gender bias |
2023 |
Two (2) public property Intimidation characterized by national origin bias One (1) on campus (on-campus student housing facility) Destruction/Damage/Vandalism of Property characterized by ethnicity bias |
Unfounded Crimes- Main Campus (Tucson, AZ)
Year | Number of Unfounded Crimes |
---|---|
2021 | No Unfounded |
2022 | One (1) Unfounded Crime |
2023 | One (1) Unfounded Crime |
College of Applied Sciences & Technology (CAST) Campus- Crime Statistics
Criminal Offenses- CAST Campus (Sierra Vista, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilitiesa |
---|---|---|---|---|---|
Murder/Non-negligent Manslaughter (2021) |
0 |
0 |
0 |
0 |
N/A |
Murder/Non-negligent Manslaughter (2022) |
0 |
0 |
0 |
0 |
N/A |
Murder/Non-negligent Manslaughter (2023) |
0 |
0 |
0 |
0 |
N/A |
Manslaughter by Negligence (2021) |
0 |
0 |
0 |
0 |
N/A |
Manslaughter by Negligence (2022) |
0 |
0 |
0 |
0 |
N/A |
Manslaughter by Negligence (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Rape (2021) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Rape (2022) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Rape (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Fondling (2021) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Fondling (2022) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Fondling (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Incest (2021) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Incest (2022) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Incest (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Statutory Rape (2021) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Statutory Rape (2022) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Statutory Rape (2023) |
0 |
0 |
0 |
0 |
N/A |
Robbery (2021) |
0 |
0 |
0 |
0 |
N/A |
Robbery (2022) |
0 |
0 |
0 |
0 |
N/A |
Robbery (2023) |
0 |
0 |
0 |
0 |
N/A |
Aggravated Assault (2021) |
0 |
0 |
0 |
0 |
N/A |
Aggravated Assault (2022) |
0 |
0 |
0 |
0 |
N/A |
Aggravated Assault (2023) |
0 |
0 |
0 |
0 |
N/A |
Burglary (2021) |
0 |
0 |
0 |
0 |
N/A |
Burglary (2022) |
0 |
0 |
0 |
0 |
N/A |
Burglary (2023) |
0 |
0 |
0 |
0 |
N/A |
Motor Vehicle Theft (2021) |
1 |
0 |
0 |
1 |
N/A |
Motor Vehicle Theft (2022) |
0 |
0 |
0 |
0 |
N/A |
Motor Vehicle Theft (2023) |
0 |
0 |
0 |
0 |
N/A |
Arson (2021) |
0 |
0 |
0 |
0 |
N/A |
Arson (2022) |
0 |
0 |
0 |
0 |
N/A |
Arson (2023) |
0 |
0 |
0 |
0 |
N/A |
Violence Against Women Act (VAWA) Crimes- CAST Campus (Sierra, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilities |
---|---|---|---|---|---|
Domestic Violence (2021) |
0 |
0 |
0 |
0 |
N/A |
Domestic Violence (2022) |
0 |
0 |
0 |
0 |
N/A |
Domestic Violence (2023) |
0 |
0 |
0 |
0 |
N/A |
Dating Violence (2021) |
0 |
0 |
0 |
0 |
N/A |
Dating Violence (2022) |
0 |
0 |
0 |
0 |
N/A |
Dating Violence (2023) |
0 |
0 |
0 |
0 |
N/A |
Stalking (2021) |
0 |
0 |
0 |
0 |
N/A |
Stalking (2022) |
0 |
0 |
0 |
0 |
N/A |
Stalking (2023) |
0 |
0 |
0 |
0 |
N/A |
Arrests & Disciplinary Referrals- CAST Campus (Sierra Vista, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilitiesa |
---|---|---|---|---|---|
Liquor Law Arrests (2021) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Arrests (2022) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Arrests (2023) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Disciplinary Referrals (2021) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Disciplinary Referrals (2022) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Disciplinary Referrals (2023) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Arrests (2021) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Arrests (2022) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Arrests (2023) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Disciplinary Referrals (2021) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Disciplinary Referrals (2022) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Disciplinary Referrals (2023) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Arrests (2021) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Arrests (2022) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Arrests (2023) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Disciplinary Referrals (2021) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Disciplinary Referrals (2022) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Disciplinary Referrals (2023) |
0 |
0 |
0 |
0 |
N/A |
a On-Campus Student Housing Facilities are a subset of On-Campus Property. The CAST Campus does not have On-Campus Student Housing Facilities.
Hate Crimes- CAST Campus (Sierra Vista, AZ)
Year | Number of Hate Crimes |
---|---|
2021 | No Hate Crimes Reported |
2022 | No Hate Crimes Reported |
2023 | No Hate Crimes Reported |
Unfounded Crimes- CAST Campus (Sierra Vista, AZ)
Year | Number of Unfounded Crimes |
---|---|
2021 | No Unfounded Crimes |
2022 | No Unfounded Crimes |
2023 | No Unfounded Crimes |
College of Veterinary Medicine (CVM) Campus- Crime Statistics
Note: The College of Veterinary Medicine was designated a Clery Separate Campus in 2023. For this reason, only crime statistics for the 2023 calendar year are included in this report.
Criminal Offenses- CVM Campus (Oro Valley, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilitiesa |
---|---|---|---|---|---|
Murder/Non-negligent Manslaughter (2023) |
0 |
0 |
0 |
0 |
N/A |
Manslaughter by Negligence (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Rape (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Fondling (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Incest (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Statutory Rape (2023) |
0 |
0 |
0 |
0 |
N/A |
Robbery (2023) |
0 |
0 |
0 |
0 |
N/A |
Aggravated Assault (2023) |
0 |
0 |
0 |
0 |
N/A |
Burglary (2023) |
0 |
0 |
0 |
0 |
N/A |
Motor Vehicle Theft (2023) |
0 |
0 |
0 |
0 |
N/A |
Arson (2023) |
0 |
0 |
0 |
0 |
N/A |
Violence Against Women Act (VAWA) Crimes- CVM Campus (Oro Valley, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilities |
---|---|---|---|---|---|
Domestic Violence (2023) |
0 |
0 |
0 |
0 |
N/A |
Dating Violence (2023) |
0 |
0 |
0 |
0 |
N/A |
Stalking (2023) |
0 |
0 |
0 |
0 |
N/A |
Arrests & Disciplinary Referrals- CVM Campus (Oro Valley, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilitiesa |
---|---|---|---|---|---|
Liquor Law Arrests (2023) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Disciplinary Referrals (2023) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Arrests (2023) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Disciplinary Referrals (2023) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Arrests (2023) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Disciplinary Referrals (2023) |
0 |
0 |
0 |
0 |
N/A |
a On-Campus Student Housing Facilities are a subset of On-Campus Property. The CVM Campus does not have On-Campus Student Housing Facilities.
Hate Crimes- CVM Campus (Oro Valley, AZ)
Year | Number of Hate Crimes |
---|---|
2023 | No Hate Crimes Reported |
Unfounded Crimes- CVM Campus (Oro Valley, AZ)
Year | Number of Unfounded Crimes |
---|---|
2023 | No Unfounded Crimes |
Phoenix Bioscience Core (PBC) Campus- Crime Statistics
Criminal Offenses- PBC Campus (Phoenix, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilitiesa |
---|---|---|---|---|---|
Murder/Non-negligent Manslaughter (2021) |
0 |
0 |
0 |
0 |
N/A |
Murder/Non-negligent Manslaughter (2022) |
0 |
0 |
0 |
0 |
N/A |
Murder/Non-negligent Manslaughter (2023) |
0 |
0 |
0 |
0 |
N/A |
Manslaughter by Negligence (2021) |
0 |
0 |
0 |
0 |
N/A |
Manslaughter by Negligence (2022) |
0 |
0 |
0 |
0 |
N/A |
Manslaughter by Negligence (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Rape (2021) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Rape (2022) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Rape (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Fondling (2021) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Fondling (2022) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Fondling (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Incest (2021) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Incest (2022) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Incest (2023) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Statutory Rape (2021) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Statutory Rape (2022) |
0 |
0 |
0 |
0 |
N/A |
Sex Offenses: Statutory Rape (2023) |
0 |
0 |
0 |
0 |
N/A |
Robbery (2021) |
0 |
0 |
0 |
0 |
N/A |
Robbery (2022) |
0 |
0 |
0 |
0 |
N/A |
Robbery (2023) |
0 |
0 |
0 |
0 |
N/A |
Aggravated Assault (2021) |
0 |
0 |
0 |
0 |
N/A |
Aggravated Assault (2022) |
0 |
0 |
0 |
0 |
N/A |
Aggravated Assault (2023) |
0 |
0 |
0 |
0 |
N/A |
Burglary (2021) |
1 |
0 |
0 |
1 |
N/A |
Burglary (2022) |
0 |
0 |
0 |
0 |
N/A |
Burglary (2023) |
0 |
0 |
0 |
0 |
N/A |
Motor Vehicle Theft (2021) |
0 |
0 |
0 |
0 |
N/A |
Motor Vehicle Theft (2022) |
0 |
0 |
0 |
0 |
N/A |
Motor Vehicle Theft (2023) |
0 |
0 |
0 |
0 |
N/A |
Arson (2021) |
0 |
0 |
0 |
0 |
N/A |
Arson (2022) |
0 |
0 |
0 |
0 |
N/A |
Arson (2023) |
0 |
0 |
0 |
0 |
N/A |
Violence Against Women Act (VAWA) Crimes- PBC Campus (Phoenix, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilities |
---|---|---|---|---|---|
Domestic Violence (2021) |
0 |
0 |
0 |
0 |
N/A |
Domestic Violence (2022) |
0 |
0 |
0 |
0 |
N/A |
Domestic Violence (2023) |
0 |
0 |
0 |
0 |
N/A |
Dating Violence (2021) |
0 |
0 |
0 |
0 |
N/A |
Dating Violence (2022) |
0 |
0 |
0 |
0 |
N/A |
Dating Violence (2023) |
0 |
0 |
0 |
0 |
N/A |
Stalking (2021) |
0 |
0 |
0 |
0 |
N/A |
Stalking (2022) |
0 |
0 |
0 |
0 |
N/A |
Stalking (2023) |
1 |
0 |
0 |
1 |
N/A |
Arrests & Disciplinary Referrals- PBC Campus (Phoenix, AZ)
Offense by Year |
On-Campus Property |
Noncampus Property |
Public Property |
Total |
On-Campus Student Housing Facilitiesa |
---|---|---|---|---|---|
Liquor Law Arrests (2021) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Arrests (2022) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Arrests (2023) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Disciplinary Referrals (2021) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Disciplinary Referrals (2022) |
0 |
0 |
0 |
0 |
N/A |
Liquor Law Disciplinary Referrals (2023) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Arrests (2021) |
0 |
0 |
2 |
2 |
N/A |
Drug Abuse Arrests (2022) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Arrests (2023) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Disciplinary Referrals (2021) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Disciplinary Referrals (2022) |
0 |
0 |
0 |
0 |
N/A |
Drug Abuse Disciplinary Referrals (2023) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Arrests (2021) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Arrests (2022) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Arrests (2023) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Disciplinary Referrals (2021) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Disciplinary Referrals (2022) |
0 |
0 |
0 |
0 |
N/A |
Weapons Law Disciplinary Referrals (2023) |
0 |
0 |
0 |
0 |
N/A |
a On-Campus Student Housing Facilities are a subset of On-Campus Property. The PBC Campus does not have On-Campus Student Housing Facilities.
Hate Crimes- PBC Campus (Phoenix, AZ)
Year | Number of Hate Crimes |
---|---|
2021 | No Hate Crimes Reported |
2022 | No Hate Crimes Reported |
2023 | No Hate Crimes Reported |
Unfounded Crimes- PBC Campus (Phoenix, AZ)
Year | Number of Unfounded Crimes |
---|---|
2021 | No Unfounded Crimes |
2022 | No Unfounded Crimes |
2023 | No Unfounded Crimes |
Crime Definitions
For the purposes of crime statistics reporting within this report, the following definitions apply.
Clery Act Criminal Offenses
- Murder/Non-negligent Manslaughter – The willful killing of one human being by another.
- Manslaughter by Negligence – The killing of another person through gross negligence.
- Sexual Assault – An offense that meets the definition of rape, fondling, statutory rape, or incest as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.”
- Rape – The 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 the consent of the victim.
- Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental or physical incapacity.
- Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent.
- Robbery – The taking, or attempting to take, anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
- Aggravated Assault – An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapons is used which could and probably would result in serious personal injury if the crime were successfully completed.)
- Burglary – The unlawful entry of a structure to commit a felony or a theft.
- Motor Vehicle Theft – The theft or attempted theft of a motor vehicle.
- Arson – Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
VAWA Offenses
- Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. 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 the relationship; and
-
the frequency of interaction between the persons involved in the relationship.
For the purposes of this definition:
- Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
- Dating violence does not include acts covered under the definition of domestic violence.
- Domestic Violence – A felony or misdemeanor crime of violence committed by:
- A current or former spouse or intimate partner of the victim;
- A person with whom the victim shares a child in common;
- A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
- 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 the jurisdiction in which the crime of violence occurred.
- Stalking – Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- Fear for the person’s safety or the safety of others; or
-
Suffer substantial emotional distress.
For the purposes of this definition:
- 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.
- Substantial emotional distress means significant mental suffering or anguish that may but does not necessarily, require medical or other professional treatment or counseling.
Arrest and Disciplinary Referrals for Violations of Weapons, Drug Abuse, and Liquor Laws
- Arrest – Per Clery Act definition, arrest is defined as persons processed by arrest, citation, or summons.
- Disciplinary Action – The referral of any person to any official who initiates a disciplinary action of which a record is established and which may result in imposition of a sanction.
- Weapons Violations: (Carrying, Possessing, etc.) – The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.
- Drug Abuse Violations – The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
- Liquor Law Violations – The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.
Hate Crimes
A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Although there are many possible categories of bias, under the Clery Act, only the following eight categories are reported:
- Race - A preformed negative attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, and/or hair; facial features, etc., genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind, e.g., Asians, Blacks or African Americans, Whites.
- Religion - A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, Atheists.
- Ethnicity - A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion), and/or ideology that stresses common ancestry.
- Sexual Orientation - A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation.
- Gender - A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
- Gender Identity - A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals.
- National Origin - A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
- Disability - A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age, or illness.
For Clery Act purposes, Hate Crimes include any of the following offenses that are motivated by bias: Murder and Non-negligent Manslaughter, Sexual Assault, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, and Arson (previously defined under “Clery Crime Definitions”) and Larceny-Theft, Destruction/Damage/Vandalism of Property, Intimidation, and Simple Assault (defined below).
- Larceny/Theft - The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.
- Simple Assault - An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
- 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.
- Destruction/Damage/Vandalism of Property - To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
Unfounded Crimes
Under limited circumstances, the University of Arizona may remove a reported crime from its crime statistics and reclassify the crime as “unfounded”. This may only be done if sworn or commissioned law enforcement personnel make a formal determination that the crime report is false or baseless. Crime reports can be properly determined to be false only if the evidence from a complete and thorough investigation establishes that the crime was not, in fact, completed or attempted in any manner.
Arizona Revised Statutes Definitions
To review individual sections, visit Arizona Revised Statute Title 13-Criminal Code.
- Dating Violence- Arizona Revised Statutes do not define Dating Violence.
- Domestic Violence - Means any act that is a dangerous crime against children as defined in ARS section 13-705 or an offense prescribed in ARS sections 13-1102, 13-1103, 13-1104, 13-1105, 13-1201, 13-1202, 13-1203, 13-1204, 13-1302, 13-1303, 13-1304, 13-1406, 13-1425, 13-1502, 13-1503, 13-1504, 13-1602 or 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2910, subsection A, paragraph 8 or 9, section 13-2915, subsection A, paragraph 3 or section 13-2916, 13-2921, 13-2921.01, 13-2923, 13-3019, 13-3601.02 or 13-3623, if any of the following applies:
- The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.
- The victim and the defendant have a child in common.
- The victim or the defendant is pregnant by the other party.
- The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother, or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law, or sister-in-law.
- The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or who has resided in the same household as the defendant.
- The relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship.
- The following factors may be considered in determining whether the relationship between the victim and the defendant is currently or was previously a romantic or sexual relationship:
- The type of relationship.
- The length of the relationship.
- The frequency of the interaction between the victim and the defendant.
- If the relationship has terminated, the length of time since the termination.
- Sexual Assault - A person commits sexual assault by intentionally or knowingly engaging in sexual intercourse or oral sexual contact with any person without the consent of such person.
- Stalking - A person commits stalking if the person intentionally or knowingly engages in a course of conduct that is directed toward another person and if that conduct either:
- Would cause a reasonable person to fear for the person’s safety or the safety of that person’s immediate family member and that person in fact fears for the person’s safety or the safety of that person’s immediate family member.
- Would cause a reasonable person to fear death of that person or that person’s immediate family member and that person in fact fears death of that person or that person’s family member.
- Consent- Arizona Revised Statutes do not define consent. It does, however, define “without consent.” Without Consent – means any of the following:
- The victim is coerced by the immediate use or threatened use of force against a person or property.
- The victim is incapable of consent by reason of mental disorder, mental defect, drugs, alcohol, sleep, or any other similar impairment of cognition and such condition is known or should have reasonably been known to the defendant.
- The victim is intentionally deceived as to the nature of the act.
- The victim is intentionally deceived to erroneously believe that the person is the victim's spouse.
“Consent” under ABOR Policy 5-308: Student Code of Conduct and Title IX Procedures
Consent - In the context of sexual activity means informed and freely given words or actions that indicate a willingness to participate in mutually agreed upon sexual activity.
Consent may not be inferred from:
- silence, passivity, or lack of resistance,
- a current or previous dating or sexual relationship,
- acceptance or provision of gifts, meals, drinks, or other items, or
- previous consent to sexual activity.
Consent may be withdrawn during sexual activity. Consent to one form of consensual sexual activity does not imply consent to any other form of sexual activity.
Consent may not be obtained through physical force, violence, duress, intimidation, coercion, or an express or implied threat of injury.
Consent may never be given by a person who is: incapacitated (by drugs, alcohol, or otherwise), unconscious, asleep, or otherwise physically or mentally unable to make informed rational judgments. The use of alcohol or drugs does not diminish one’s responsibility to obtain consent and does not excuse conduct that violates this Student Code of Conduct.
Consent cannot be given by someone who, by virtue of age, circumstances, or other factors, is deemed by law to be incapable of giving consent.
The University Student Code of Conduct under ABOR Policy 5-308 defines sexual misconduct, stalking, and disciplinary referral as:
- Sexual Misconduct - means one or more of the following:
- Sexual violence and other non-consensual sexual contact- Actual or attempted physical sexual acts perpetrated against a person by force or without consent; or
- Sexual harassment – Unwelcome conduct of a sexual nature that is sufficiently severe or pervasive as to create an intimidating, hostile, or offensive environment; or
- Other unwanted or non-consensual sexual conduct including but not limited to indecent exposure, sexual exploitation, or voyeurism, or non-consensual photographing or audio recording or video recording of another in a state of full or partial undress or while engaged in sexual activity or publishing or disseminating such material.
- Stalking - Engaging in a course of conduct that is directed toward another person if that conduct would cause a reasonable person to suffer substantial emotional distress or to fear for the person’s safety or the safety of that person’s immediate family member or close acquaintance, and that person in fact fears for his/her safety or the safety of that person's immediate family member or close acquaintance.
- Disciplinary Referral - The referral of any person to any official who initiates a disciplinary action of which a record is established, and which may result in the imposition of a sanction.
The University Nondiscrimination and Anti-harassment Policy includes a prohibition of Title IX Sex-Based Harassment a term which encompasses the following as defined below: sexual assault, dating violence, domestic violence, and stalking.
- Sexual Assault: Any attempted or actual sexual act directed against a Complainant, without the consent of the Complainant, including instances where the Complainant is incapable of giving consent. Sexual Acts include the following forcible and non-forcible sexual acts and sexual violations:
- Rape - 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 the consent of that person.
- Sodomy - Oral or anal sexual intercourse with another person, without the Consent of that person, including instances where that person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacitation.
- Sexual Assault with an Object - To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, without the Consent of that person, including instances where that person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacitation.
- Fondling - The touching of the private body parts of another person for the purpose of sexual gratification without the Consent of that person, including in instances where that person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacitation.
- Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent as defined by law.
- 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. The existence of such a relationship shall be determined based on the information available and consideration of the following factors: 1) the length of the relationship, 2) the type of relationship, and 3) the frequency of interaction between the persons involved in the relationship.
- Domestic Violence - Conduct that would meet the definition of a felony or misdemeanor crime of violence committed: a. by a current or former spouse or intimate partner of the Complainant, by a person who is cohabitating with, or who has cohabitated with, the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of an applicable jurisdiction; b. by a person with whom the Complainant has a child in common or either party is pregnant by the other party; c. by a person residing or having resided in the same household; d. where a Complainant is related to the Respondent or the Respondent’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, stepgrandparent, stepchild, step-grandchild, brother-in-law or sister-in-law; or e. where a victim is a child who resides or has resided in the same household as the Respondent and is related by blood to a former spouse of the Respondent or to a person who resides or who has resided in the same household as the Respondent.
- Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that person’s safety or the safety of others or to suffer substantial emotional distress.
Title IX Sexual Harassment
Title IX Sexual Harassment is a subset of Sexual Harassment and is conduct based on sex occurring within a University-sponsored educational program or activity in the United States that constitutes one or more of the following:
-
An employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; or
-
Unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a University-sponsored educational program or activity; or
-
Any of the following crimes and specific acts of Sexual Harassment: Sexual Assault, Dating Violence, Domestic Violence, and Stalking.
Clery Geography Definitions
For the purpose of crime statistics reporting, the following geographical definitions apply:
- On-Campus Property - Any building or property owned or controlled by the University of Arizona within the same reasonably contiguous geographic area of the main campus and used by the institution in direct support of, or in a manner related to the university’s educational purposes, including residence halls (dorms); and any building or property owned or controlled by the university that is within the reasonably contiguous geographic area of the main campus but controlled by another person, is frequently used by students, and supports the university’s institutional purposes (such as food or other retail vendor).
- Non-Campus Property – Any building or property owned or controlled by a student organization that is officially recognized by the institution; or any building or property owned or controlled by the university that is used in direct support of, or in relation to, the university’s educational purpose, is frequently used by students, and is not within the same reasonable contiguous geographic area of the main campus.
- Public Property – All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.
- On-Campus Student Housing Facility/Residential Facility – Any student housing facility that is owned or controlled by the university or is located on property that is owned or controlled by the university and is within the reasonably contiguous geographic area of the main campus.
ANNUAL FIRE SAFETY REPORT FOR MAIN CAMPUS
The Higher Education Opportunity Act (HEOA) of 2008 and its accompanying regulations amended the Higher Education Act and specified new campus safety reporting requirements in the areas of fire safety for on-campus student housing. This information is required to be reported in the Annual Fire Safety Report due October 1 each year. Information required includes statistics for the number and cause of fires in residential occupancies, a description of fire safety systems, number of fire drills, policies on electrical appliances, smoking, and open flames, evacuation procedures, and fire reporting mechanisms. Policy information provided is for the 2024 calendar year. Fire statistics are provided for the previous three calendar years (2021-2023).
Only schools that have on-campus student housing facilities must disclose fire statistics. The University of Arizona Main Campus (Tucson) is the only university campus with on-campus residential student housing facilities. The College of Applied Science & Technology (Sierra Vista), College of Veterinary Medicine (Oro Valley), and Phoenix Bioscience Core campuses do not have on-campus student housing facilities.
Reporting Fires
Reporting of any fire event is made to the University of Arizona Police Department (UAPD) by activating a fire alarm pull station, the activation of any automatic detection device in the dorm, or by a call using the 9-1-1 emergency number. Confirmed fires are reported to Risk Management Services (RMS) [Director, Occupational/Environment Health & Safety, Herbert Wagner] by email RMS-Contact@arizona.edu, or by calling (520) 621-1790. This usually occurs automatically after any confirmed fire event by the responding UAPD officers. Inactive fires that have been extinguished should be reported directly to Risk Management Services (RMS) [Director, Occupational/Environment Health & Safety, Herbert Wagner] by email RMS-Contact@arizona.edu or by calling (520) 621-1790 for the purposes of including the fire in the university’s Annual Fire Safety report statistics.
Fire Safety Education & Training
Housing and Residential Life employees receive fire safety training annually prior to the opening of the dorms in August. This training includes a fire safety lecture and includes information on the history of campus fires nationwide, main causes of residential fires, fire safety systems on campus, fire safety issues, and emergency procedures.
Each dorm has its own unique emergency evacuation plan that is maintained by Housing staff. Resident Assistants (RAs) and Community Directors drill on these procedures to remain proficient in them should an evacuation become necessary. RAs are also offered the opportunity to attend fire extinguisher training that is held regularly by RMS. The RAs provide this information to the residents during wing or area meetings.
Additional campus fire safety information is available on the US Fire Administration website.
Fire Safety Policies & Procedures
All students and staff are expected to practice effective fire safety at all times by exercising prudent judgment and following all fire safety guidelines established or revised for dorms. Do not create fire or fire-like conditions in or around the dorms. This includes discharging a fire extinguisher when flames are not present.
In Case of Fire
If you discover fire, smoke, or hear the fire alarm:
- Leave the building immediately via the stairs. DO NOT USE THE ELEVATORS.
- As you leave, close all doors, including those propped open.
- As you exit, you will pass a fire alarm pull station. If the alarm is not already ringing, pull it.
- Once outside, get away from the building.
- The Building Manager should call 9-1-1 for UAPD, or Tucson Fire Department (TFD) for off-campus locations, and report the details of the fire.
- Remain outside the building until the "ALL CLEAR" is given by UAPD or TFD. Silencing of the alarms does not constitute an "ALL CLEAR."
Fire Safety Policies for On-Campus Residents
As found in the Policies and Procedures for Dorm Living, students living in on-campus facilities must abide by the following fire safety policies:
- Use only FM or UL-approved electric cords and products and utilize them according to manufacturer directions.
- Ensure that equipment or electrical appliances you use in the buildings are always in safe working condition.
- Do not overload electrical outlets; only surge protective power strips with circuit breakers are permitted.
- Paper, or other flammable decorations, may not cover more than 25% of the surface of any wall or door.
- Do not decorate ceilings with flammable items.
- Do not hang or attach anything to a lamp or lighting fixture.
- Do not place or store any items in areas that would hinder exit in the event of an emergency.
- Do not hang any objects in front of your closet.
- Do not obstruct, remove, or tamper with fire sprinkler heads, smoke or heat detectors, exit signs, room doors, or windows.
- Do not attach, hang, or store anything on fire sprinkler heads or any pipes exposed in your assigned room, living space, or hallway.
- Alert a staff member immediately if your smoke detector is beeping.
- Do not burn or possess candles, incense, kerosene lamps, lighters, matches, lighter fluid, propane, or charcoal. (If you would like to request an exemption to this portion of the policy due to spiritual or religious reasons, please reach out to your Community Director. Only requests that do not involve an open flame will be considered.)
- Do not have materials hazardous to the health and safety of residents within the dorm, including- but not limited to- chemicals, gasoline, kerosene, and containers which have been used for storing gasoline.
- Space heaters and halogen lamps are a fire hazard and are strictly prohibited within the dorms, even for storage.
- All residents, visitors, and staff are required to exit during a fire alarm.
Prohibited Items
To reduce the risk of fire in dorms, some items are prohibited, including:
- Adhesive LED lights (non-adhesive type allowed only, no sticky strips)
- Drugs/drug paraphernalia
- Halogen lamps
- Hookahs
- Incense/candles
- Instant pots and or/air fryers
- Lighters
- Open-coil or open-flame appliances (e.g., toaster or toaster oven, waffle iron, fondue pot, George Foreman grill, etc.)
- Space heaters
Information on what appliances and cooking/heating devices are not allowed in the dorms is also available on the Housing & Residential Life website.
Fire Drills
Evacuation drills of all dorms were performed once in 2023, after the beginning of the fall semester. These are generally held in the evenings to simulate a true emergency and to include as many residents as possible. Drills of all dorms occurred on October 11, 12, and 18, 2023.
During drills, each dorm’s fire alarm system is activated, and all residents are required to evacuate. Dorm staff participate to enhance their training. Evacuations are observed to verify dorm staff and resident knowledge of and compliance with evacuation procedures. The drills are timed, and educational discussions with dorm staff are held after each drill. Fire alarm activation due to false alarms, minor incidents like smoking, cooking, etc. result in additional full evacuation of the dorms and add to the familiarization of the residents with evacuation procedures.
Detailed evacuation procedures are available on the RMS website.
Fire Safety Systems
The University of Arizona operates 24 dorms. All dorms are protected by complete automatic and manual fire alarm systems and complete water fire suppression systems.
The fire alarm systems of all 24 dorms report directly to a 24-hour UL listed central monitoring center at UAPD. Each alarm system is tested twice each year by the Fire Safety Shop of Facilities Management (FM). The fire alarm system for the Honors Village is tested and maintained by American Campus Communities. Before the fall semester, all components (smoke detectors, heat detectors, pull stations, audio and visual devices, sprinkler system tamper devices, and water flow monitoring devices) are functionally tested. During the winter break, all alarm systems are rung out and devices checked for operation.
All dorms have complete automatic water fire suppression systems. The sprinkler systems are tested once a year by Residence Life Facilities Maintenance at the inspector test device. Fire pumps that are installed at eight dorms are scheduled to be exercised once a month. All dry standpipes are hydrostatically tested every five years by FM Fire Safety.
Planned Fire Safety Improvements
The University of Arizona Office of Risk Management maintains a priority list of planned fire safety improvements including the replacement of older fire alarm systems based on various parameters including the age of the system, the absence of a system, occupancy type, the use of hazardous materials with buildings, etc. with replacement timelines based on available funding. For this fiscal year, the following fire safety improvements to Main Campus are planned:
- Upgrading fire alarm systems for the following university buildings: Center for English as a Second Language (CESL), Slonaker House, and the MLK Building,
- Completing Art Building fire safety updates from recent renovation.
- Installing sprinkler systems to the following university buildings: Center for English as a Second Language (CESL), Slonaker House, and the MLK Building.
No improvements to fire safety systems for any on-campus student housing facilities are required or planned at this time.
Fire Safety Systems by Building
Building Name Address |
Fire Alarm Monitoring by UAPD |
Full Sprinkler System |
Smoke Detection |
Fire Extinguisher Devices |
Evacuation Plans Posted |
Number of Evacuation (Fire Drills) in 2023 |
---|---|---|---|---|---|---|
Apache/Santa Cruz 550 N Highland Ave |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Arbol de la Vida 515 N Tyndall Ave |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Arizona/Sonora 910 E 5th St |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Babcock 1717 E Speedway |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Cochise 1018 E South Campus |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Coconino 1003 N Olive Ave |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Colonia de la Paz 602 N Highland Ave |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Coronado 522 E 5th St |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Gila 1009 E James E Rogers |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Graham/Greenlee 610 N Highland Ave |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Honors Village 1101 E. Mabel St |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Hopi 1440 E 4th St |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Kaibab/Huachuca 922 E 4th St |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
La Aldea 825 E 5th St |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Likins 500 N Highland Ave |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Manzanita/Mohave 1000 N Park Ave |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Maricopa 1031 E James E Rogers |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Navajo/Pinal 1557 E 6th St |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Pima 1340 E 1st St |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Posada San Pedro 601 N Highland Ave |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Pueblo de la Cienega 621 N Highland Ave |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Villa del Puente 575 N Highland Ave |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Yavapai 1222 E South Campus |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Yuma 107 E James E Rogers |
Yes |
Yes |
Yes |
Yes |
Yes |
1 |
Campus Dorm Fire Statistics
2021 Residential Facilities Fire Statistics by Building
Building Name Address |
Fires 2021 |
Date |
Time |
Cause |
# of Injuries |
# of Deaths |
Value of Property Damage |
---|---|---|---|---|---|---|---|
Apache/Santa Cruz 550 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Arbol de la Vida 515 N Tyndall Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Arizona/Sonora 910 E 5th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Babcock 1717 E Speedway |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Cochise 1018 E South Campus |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Coconino 1003 N Olive Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Colonia de la Paz 602 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Coronado 522 E 5th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Gila 1009 E James E Rogers |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Graham/Greenlee 610 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Honors Village 1101 E. Mabel St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Hopi 1440 E 4th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Kaibab/Huachuca 922 E 4th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
La Aldea 825 E 5th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Likins 500 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Manzanita/Mohave 1000 N Park Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Maricopa 1031 E James E Rogers |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Navajo/Pinal 1557 E 6th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Pima 1340 E 1st St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Posada San Pedro 601 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Pueblo de la Cienega 621 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Villa del Puente 575 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Yavapai 1222 E South Campus |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Yuma 107 E James E Rogers |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
2022 Residential Facilities Fire Statistics by Building
Building Name Address |
Fires 2022 |
Date |
Time |
Cause |
# of Injuries |
# of Deaths |
Value of Property Damage |
---|---|---|---|---|---|---|---|
Apache/Santa Cruz 550 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Arbol de la Vida 515 N Tyndall Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Arizona/Sonora 910 E 5th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Babcock 1717 E Speedway |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Cochise 1018 E South Campus |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Coconino 1003 N Olive Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Colonia de la Paz 602 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Coronado 522 E 5th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Gila 1009 E James E Rogers |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Graham/Greenlee 610 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Honors Village 1101 E. Mabel St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Hopi 1440 E 4th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Kaibab/Huachuca 922 E 4th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
La Aldea 825 E 5th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Likins 500 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Manzanita/Mohave 1000 N Park Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Maricopa 1031 E James E Rogers |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Navajo/Pinal 1557 E 6th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Pima 1340 E 1st St |
1 |
09/23/2022 |
5:32am |
Unintentional Electrical |
0 |
0 |
$18,598.11 |
Posada San Pedro 601 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Pueblo de la Cienega 621 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Villa del Puente 575 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Yavapai 1222 E South Campus |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Yuma 107 E James E Rogers |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
2023 Residential Facilities Fire Statistics by Building
Building Name Address |
Fires 2023 |
Date |
Time |
Cause |
# of Injuries |
# of Deaths |
Value of Property Damage |
---|---|---|---|---|---|---|---|
Apache/Santa Cruz 550 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Arbol de la Vida 515 N Tyndall Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Arizona/Sonora 910 E 5th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Babcock 1717 E Speedway |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Cochise 1018 E South Campus |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Coconino 1003 N Olive Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Colonia de la Paz 602 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Coronado 522 E 5th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Gila 1009 E James E Rogers |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Graham/Greenlee 610 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Honors Village 1101 E. Mabel St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Hopi 1440 E 4th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Kaibab/Huachuca 922 E 4th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
La Aldea 825 E 5th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Likins 500 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Manzanita/Mohave 1000 N Park Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Maricopa 1031 E James E Rogers |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Navajo/Pinal 1557 E 6th St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Pima 1340 E 1st St |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Posada San Pedro 601 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Pueblo de la Cienega 621 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Villa del Puente 575 N Highland Ave |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Yavapai 1222 E South Campus |
0 |
N/A |
N/A |
N/A |
N/A |
N/A |
N/A |
Yuma 107 E James E Rogers |
0 |
N/A |
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ADDITIONAL RESOURCES
In the state of Arizona, crime victims have a constitutional right to protections and support throughout every step of the criminal process. All state, county, and municipal justice agencies and courts in Arizona are required to perform certain duties to ensure that victims’ rights are upheld.
The state provides legal rights to victims; some rights are automatically provided, and some must be requested. A law enforcement officer will provide victims with written information about requesting or waiving rights. An initial decision to request or waive rights does not mean that a victim cannot later alter their decision. To request a copy of the full text of Arizona victims’ rights laws, contact:
Arizona Attorney General, Office of Victim Services: (866) 742-4911
Reporting Options for Cases of Sexual Assault, Domestic Violence, Dating Violence, or Stalking
Type | Name | Phone |
---|---|---|
Criminal Complaints & Reports | University of Arizona Police Department (UAPD) |
9-1-1 (emergency) OR (520) 621-8273 (non-emergency) |
University Complaints & Reports |
Office of Institutional Equity (OIE) Title IX Coordinator: Mary Beth Tucker (equity@arizona.edu) |
(520) 621-9449 |
Note: If an incident occurs off the Main Campus (Tucson), UAPD will assist a a victim in contacting the law enforcement agency with jurisdiction to accept the criminal complaint, whether the incident occurred in Tucson or another location in, or outside of, Arizona.
Assistance Resources
Counseling, Health & Mental Health Resources
Resource Type | Resource Name | Population Served | Phone |
---|---|---|---|
UA | Campus Health Services | Students & Employees | (520) 621-6490 |
UA | Counseling & Psych Services | Students | (520) 621-3344 |
UA | Life & Work Connections | Employees | (520) 621-2493 |
AZ | 211 | Public | (211) |
US | NAMI: National Alliance of Mental Illness | Public | (800) 950-6264 |
Legal Assistance
Resource Type | Resource Name | Population Served | Phone |
---|---|---|---|
AZ | Pima County Bar Association Lawyer Referral Program | Public | (520) 623-4625 |
AZ | Arizona Bar Association | Public | (866) 637-5341 |
US | National Crime Victim Bar Association | Public | (202) 467-8700 |
Safe Transportation
Resource Type | Resource Name | Population Served | Phone |
---|---|---|---|
UA | ASUA SafeRide | Students & Employees | (520) 621-7233 |
UA | Night Cat by Lyft | Students & Employees | (520) 626-7275 |
AZ | Social Humanity Center | Public | (480) 799-6095 |
Student Financial Aid
Resource Type | Resource Name | Population Served | Phone |
---|---|---|---|
UA | Office of Scholarships & Financial Aid | Students | (520) 621-1858 |
US | Federal Student Aid | Students | (800) 433-3243 |
Victim Advocacy
Resource Type | Resource Name | Population Served | Phone |
---|---|---|---|
UA | Survivor Advocacy | Students | (520) 621-5767 |
AZ | Arizona Coalition | Public | (800) 782-6400 |
AZ | SACASA | Public | (520) 327-1171 |
US | RAINN | Public | (800) 656-4673 |
US | Tribal Resource Tool | Public | N/A |
Visa & Immigration
Resource Type | Resource Name | Population Served | Phone |
---|---|---|---|
UA | International Student Services | Students | (520) 621-4627 |
UA | International Faculty & Scholars | Employees | (520) 626-6289 |
AZ | Southern Arizona Legal Aid | Public | (800) 640-9465 |
US | US Department of Justice, Immigration Review | Public | N/A |
To request additional information, including resources outside the Tucson area, please call the Office of Institutional Equity at (520)621-9449 or the University of Arizona Police Department at (520) 621-8273.
APPENDIXES
Appendix A- Nondiscrimination and Antiharassment Policy [HR-200E]
The University of Arizona is committed to creating and maintaining an environment free of discrimination. In support of this commitment, the University prohibits discrimination, including harassment and retaliation, based on a protected classification, including race, color, religion, sex (including pregnancy), national origin, age, disability, veteran status, sexual orientation, gender identity, or genetic information. The University encourages anyone who believes they have been the subject of discrimination to report the matter immediately as described in the section below, “Reporting Discrimination, Harassment, or Retaliation.” All members of the University community are responsible for participating in creating a campus environment free from all forms of prohibited discrimination and for cooperating with University officials who investigate allegations of policy violations.
University Obligations
The University will take prompt and appropriate action to (a) thoroughly investigate complaints of discrimination described in this Policy; and (b) prevent, correct and, if necessary, discipline individuals who engage in behavior that violates this Policy.
Applicability and Enforcement of Policy
This Policy applies to:
- All University employees in all aspects of their employment relationship with the University;
- All University students in all aspects of their participation in the University’s educational programs and activities;
- All University applicants, whether for employment or for admission to educational or University-sponsored programs, activities, or facilities;
- All persons or groups participating in or accessing University-sponsored programs, activities, or facilities; and
- All vendors or contractors in all aspects of their relationship with the University.
Enforcement of this Policy is subject to constitutional protections related to freedom of speech, association, and the press.
Prohibited Discrimination, Including Harassment and Retaliation
Discrimination
"Discrimination" occurs when an individual, or group of individuals, is treated adversely because they belong to a classification of individuals that is protected from discrimination by a federal or state statute or University policy as set forth above. The failure to provide reasonable accommodations required by law or University policy based on disability or religious practice may constitute discrimination.
Harassment
"Harassment" is a specific form of discrimination. It is unwelcome behavior, based on a protected classification, that a reasonable person would perceive to be sufficiently severe or pervasive to create an intimidating, hostile, or offensive environment for academic pursuits, employment, or participation in University-sponsored activities.
Harassing conduct may take many forms, including verbal acts and name calling, as well as nonverbal behavior, such as graphic, electronic, and written statements, or conduct that is physically offensive, harmful, or threatening.
Title IX Sex-based Harassment
“Title IX Sex-based Harassment” is a form of sex discrimination and means sexual harassment and other harassment on the basis of sex, occurring within the United States and within a University-sponsored program or activity, that constitutes one or more of the following:
- Quid Pro Quo Harassment. An employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s educational program or activity explicitly or impliedly conditions the provision of such on participation in unwelcome sexual conduct.
- Hostile Environment Harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment), even when some of the conduct contributing to the hostile environment occurred outside of a program or activity, or the United States.
- Specific Criminal Offenses. Sexual assault (as defined by the Clery Act1), dating violence, domestic violence, and stalking (as defined by the Violence Against Women Act2) as prohibited by law and the University.
Retaliation
"Retaliation" occurs when an adverse action is taken against an individual for engaging in protected activity. Protected activity consists of (a) opposing conduct reasonably believed to constitute discrimination, including harassment, which violates a nondiscrimination statute or which University policy prohibits; (b) filing a complaint about such practice; or (c) testifying, assisting, or participating in any manner in an investigation or other proceeding related to a discrimination complaint. Adverse actions that are reasonably likely to deter a complaining individual or others from engaging in protected activity are prohibited.
Responsibilities to Prevent and Report Discrimination, Harassment, and Retaliation
Employees or agents of the University who (a) supervise other employees, graduate or undergraduate students, contractors, or agents; (b) teach or advise students or groups; or (c) have management authority related to a University-sponsored program or activity are required to:
- Engage in appropriate measures to prevent violations of this Policy; and
- Upon receiving a report or having a reasonable basis to suspect that potential discrimination, harassment, or retaliation has occurred or is occurring, promptly notify and provide all available information and documentation to the Office of Institutional Equity
Reporting Discrimination, Harassment, or Retaliation
An individual who believes that they have been subjected to discrimination, harassment, or retaliation in violation of this Policy should report the matter immediately as set forth below to obtain information about resolving concerns, including complaint-filing options and procedures, and to enable the University to take prompt remedial action.
Office of Institutional Equity/Title IX Coordinator
University Services Building, Room 203
P.O. Box 21058
Tucson, AZ 85721-0158
(520) 621-9449
If the alleged policy violator is employed by the Office of Institutional Equity, then the individual who has been the subject of discrimination, harassment, or retaliation in violation of this Policy may contact Human Resources.
Good Faith Allegations
Because of the nature of discrimination, harassment, or retaliation complaints, allegations often cannot be substantiated by direct evidence other than the complaining individual’s own statement. Lack of corroborating evidence should not discourage individuals from seeking relief under this Policy. No adverse action will be taken against an individual who makes a good faith allegation of discrimination, harassment, or retaliation under this Policy, even if an investigation fails to substantiate the allegation. However, individuals who make dishonest statements or make statements with willful disregard for the truth during an investigation or enforcement procedure under this Policy may be subject to disciplinary action in accordance with existing University policies.
Anonymous Inquiries and Complaints
Members of the University community may contact the Office of Institutional Equity at any time to ask questions about discrimination, harassment, retaliation, or complaint-filing procedures and may provide information without disclosing their names. This provision does not relieve managers, supervisors, instructors, or advisors of their responsibility to promptly report under this Policy.
Reporting Complaints to Outside Agencies
University employees and students have the right to file discrimination, harassment, and/or retaliation complaints with outside agencies as well as with the University’s Office of Institutional Equity. If an individual files a complaint with an external agency, the filing will not affect the University’s investigation concerning the same or similar events.
Consequences of Policy Violations
Members of the University community who violate this Policy will be subject to corrective action that could include reprimand, demotion, denial of promotion, termination from employment or from educational programs, or other appropriate administrative action.
Affiliated Entities
University employees or students who work or study at a worksite or program of an institution with which the University has entered into an Affiliation Agreement (Affiliate) are subject to this Policy while at such worksite or participating in such program. Similarly, Affiliates are obligated under agreements with the University to comply with all applicable state and federal statutes and regulations regarding equal employment opportunity and nondiscrimination. If a University employee or student believes that they have been subjected to discrimination, harassment, or retaliation while working at or participating in a program of an Affiliate in violation of this Policy, they should contact the Office of Institutional Equity in accordance with the reporting provisions of this Policy.
Confidentiality
Employees of the Office of Institutional Equity, employees of the Dean of Students Office, and all responsible administrators who receive reports of discrimination, harassment, or retaliation shall maintain the confidentiality of the information they receive, except where disclosure is required by law or is necessary to facilitate legitimate University processes, including the investigation and resolution of discrimination, harassment, or retaliation allegations.
1 See 20 U.S.C. 1092(f)(6)(A)(v).
2 See 34 U.S.C. §12291(11), (12), and (36).
Appendix B: 2020 Interim Procedures for Formal Complaints of Title IX Sexual Harassment
The University of Arizona (University) is committed to creating and maintaining an environment free of discrimination. In support of this commitment, the University prohibits sex-based discrimination, including harassment and violence. A person affected by discrimination can seek confidential support or assistance, can request supportive measures, and can request formal disciplinary proceedings by the University.
For information about prohibited discrimination based on protected categories, including sex, please see our Nondiscrimination and Anti-harassment Policy. Please see the Arizona Board of Regents Student Code of Conduct for additional information related to prohibited student behavior.
Purpose and Application
These Interim Procedures for Formal Complaints of Title IX Sexual Harassment (Procedures) describe the exclusive process that will be followed by the University to resolve Formal Complaints of Title IX Sexual Harassment occurring between August 14, 2020 and July 31, 2024.
Sexual Harassment, whether between individuals of the same or different sex, includes unwelcome conduct of a sexual nature that is made, either explicitly or implicitly, a condition of an individual’s education, employment, or participation in a University program or activity, and/or when the submission to or rejection of such conduct is a factor in decisions affecting that individual’s education, employment, or participation in University-sponsored activities.
Title IX Sexual Harassment is a subset of Sexual Harassment and is conduct based on sex occurring within a University-sponsored educational program or activity in the United States that constitutes one or more of the following:
- An employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct; or
- Unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to a University-sponsored educational program or activity; or
- Any of the following prohibited crimes and specific acts of Sexual Harassment: Sexual Assault, Dating Violence, Domestic Violence, and Stalking.
If the facts or occurrences forming the basis of a Formal Complaint of Title IX Sexual Harassment would also constitute a violation of other University policies, those potential policy violations may be addressed outside of these Procedures through the applicable University processes. When appropriate, these Procedures may proceed concurrently or sequentially with any other University process addressing other aspects of the facts and occurrences giving rise to a Formal Complaint of Title IX Sexual Harassment.
The University may amend these Procedures from time to time within its discretion. Amendments may apply to ongoing matters at the time the amendment is made unless the effect of the amendment is to reduce the rights of either a Complainant or Respondent, in which case the version of these Procedures in effect at the time the Formal Complaint was made will be followed.
Supportive Measures
The University offers a range of resources to students and employees impacted by sex-based discrimination, including Supportive Measures. Supportive Measures are designed to restore or preserve equal access to the University's educational and working programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties and the University educational environment and to deter Sexual harassment.
- Supportive Measures are available regardless of whether a Formal Complaint of Title IX Sexual Harassment is filed.
- Supportive Measures are non-disciplinary, non-punitive individualized services offered as appropriate and reasonably available to Complainants and Respondents. These measures can vary and may include but are not limited to: counseling, extension of deadlines or other course-related adjustments, modification of work or class schedules, campus escort services, mutual restrictions on contact between the parties (Student No Contact Orders), changes in campus work or housing locations, leaves of absence, increased security and monitoring of campus areas, visa and immigration assistance, transportation accommodations, safety planning, community referrals, and other similar measures.
- Supportive Measures may also include administrative and educational actions that do not unreasonably burden another party. Administrative and educational actions are not disciplinary.
- The University will maintain the confidentiality of any Supportive Measure(s) provided to either party to the extent that doing so does not impair the University’s ability to provide the Supportive Measures.
Principles of Investigation and Adjudication
During each phase of these Procedures, all individuals employed by the University or legally recognized as agents of the University with responsibilities directly related to these Procedures (including the Title IX Coordinator, Investigators, and Hearing Officers) will reinforce and affirm the University’s commitment to:
- Sharing information about all relevant University policies and these Procedures with Complainants and Respondents.
- Evaluating information and evidence objectively and impartially throughout all phases of the Procedures so that Complainants and Respondents are not disadvantaged due to bias.
- Beginning the investigative process with a presumption that the Respondent is not responsible for the alleged conduct and suspend judgment concerning responsibility until all relevant evidence has been considered and a Determination is made at the conclusion of the grievance process.
- Avoiding relying on sex or gender stereotypes during the investigation and decision-making process.
- Informing Complainants and Respondents that the preponderance of the evidence standard will be applied to make the Determination of Responsibility and explaining its meaning.
- Providing Complainants and Respondents with information regarding the possible range of disciplinary sanctions that may be issued if there is a Determination of Responsibility.
- Recognizing legal privileges that apply to Complainants and Respondents unless the privilege has been knowingly waived, including attorney-client and medical privacy privileges.
- Completing the overall decision-making process within a reasonable timeframe while being flexible concerning deadlines when there is good cause for extensions.
- Providing Complainants and Respondents with information about how and on what grounds they can appeal the Dismissal of a Formal Complaint or Determination of Responsibility.
Privacy and Confidentiality
The University seeks to maintain and respect the privacy and confidentiality of information obtained during these Procedures to the extent feasible. Disclosure may occur in some circumstances, including for investigation and evidence-gathering purposes and to notify individuals of the outcome of a Hearing. Other situations where disclosure may occur include, but are not limited to, disclosures permitted by the Family Educational Rights and Privacy Act (FERPA) and required compliance with an obligation imposed on the University by law, or facilitation of other legitimate University processes.
Filing a Formal Complaint
Formal Complaints must be filed directly with the Title IX Coordinator in person, by mail, or by electronic mail. It is strongly encouraged that the Formal Complaint be filed using an online filing form.
- To file a Formal Complaint of Title IX Sexual Harassment, a Complainant must submit a document (or electronic submission) that contains:
- The Complainant’s digital or physical signature;
- An allegation of Title IX Sexual Harassment against a Respondent;
- A statement of what action is being requested; and
- A statement that the Complainant is participating in, or attempting to participate in, a University educational program or activity.
- After filing a Formal Complaint, a Complainant may withdraw some or all of the allegations in their Formal Complaint at any time by providing written notice to the Title IX Coordinator.
- The Title IX Coordinator may also sign a Formal Complaint to initiate or continue with the investigative process pursuant to these Procedures. The Title IX Coordinator does not become a party by signing a Formal Complaint.
- If more than one Complainant alleges, or more than one Respondent is subject to allegations of Title IX Sexual Harassment arising from the same set of facts or occurrences, the Title IX Coordinator may consolidate the Formal Complaints for the remainder of the decision-making process. When consolidation occurs, the parties will be informed in writing.
Initial Assessment
The Title IX Coordinator will make an initial assessment, based on a limited threshold review, as to whether the Formal Complaint of Title IX Sexual Harassment alleges conduct that may be addressed through these Procedures.
- The investigative process will proceed if the Formal Complaint appears to allege conduct that may be addressed through these Procedures.
- If the initial assessment of a Formal Complaint reveals insufficiencies that can be addressed (e.g., the Respondent is not identified), the Title IX Coordinator can request additional information from the Complainant to clarify the allegations in the Formal Complaint. If the amended Formal Complaint appears to fulfill Title IX’s jurisdictional requirements, the investigative process will proceed.
- If the conduct alleged in the Formal Complaint would not constitute Title IX Sexual Harassment, even if proven, did not occur in a University-sponsored educational program or activity, or did not occur against a person in the United States, the Formal Complaint must be dismissed. A mandatory dismissal does not mean that the University cannot or will not review and respond to the alleged behavior under other applicable University policies and processes. In those cases, the Title IX Coordinator will refer the matter as appropriate.
- If the Formal Complaint is dismissed, the Complainant will receive a written explanation, including information regarding the appeal process, referrals to other appropriate administrative units or University officials, and resources available to assist the Complainant.
Interim Actions
The University may remove a student or employee from a University education program or activity after conducting an individualized assessment of safety factors to determine whether an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Title IX Sexual Harassment justifies removal.
Emergency Removal
- The Complainant and Respondent will receive notice of the Emergency Removal, including the terms of the removal and notice of the right to challenge the decision immediately following the removal.
- A challenge to an Emergency Removal must be submitted in writing no later than five (5) days following the effective date of the removal.
- Each party will be notified of any challenge to the removal and given two (2) days to submit a written response to the challenge.
- The University will consider a challenge and any responses to determine whether the removal should remain in place or be lifted.
- Any challenge to an Emergency Removal decision will be reviewed within twenty (20) days from the date of the notice of removal.
- If upheld, the Emergency Removal will remain in effect until the decision-making process is concluded or the reasons for imposing the emergency removal no longer exist.
- The Title IX Coordinator, Investigator, or Decision-Maker may have a role in the Emergency Removal process as long as their role does not result in a conflict of interest or bias with respect to the grievance process.
Administrative Leave
An employee Respondent may be placed on administrative leave during the Title IX investigation and adjudication process in accordance with applicable University employment policies and practices.
Notice of Allegation
Upon confirmation of receipt of a Formal Complaint, the Title IX Coordinator or their designee will provide written notice to the Complainant and Respondent (Notice) containing:
- A link to the University’s Nondiscrimination and Anti-harassment Policy and these Procedures.
- A link to information regarding each party’s rights and options pursuant to the Clery Act, Violence Against Women Act (VAWA), and Title IX.
- The Complainant’s sexual harassment allegations, including the identities of those involved in the incident, the conduct that is alleged to constitute Title IX Sexual Harassment, and the date and location of the conduct, if known.
- A statement informing the parties that employees and students must attend any meeting scheduled under these Procedures. While attendance is required, students and employees are not required to participate in meetings under this process. If an individual chooses to participate in the process, they must provide truthful information. Providing false or misleading information in this process may result in disciplinary action under other University policies.
- A statement that the Complainant and Respondent may have an Advisor of their choice, who may be but is not required to be an attorney, and that they and their Advisors may inspect and review evidence under these Procedures.
- The Notice shall be sent to both parties at least three (3) days before any scheduled interview to allow the Complainant and Respondent sufficient time to prepare for and attend their respective meetings.
- A statement that all evidence directly related to the Formal Complaint will be shared with both parties.
- A statement that the University has the burden of proof and that the Hearing Officer will apply the preponderance of the evidence standard to determine whether it is more likely than not that the alleged conduct occurred.
- A statement that the Respondent is presumed not responsible until a Determination of Responsibility is made after a Hearing.
- A statement that there is no restriction on the ability of either party to discuss the allegations under investigation, their knowledge of the facts, or to gather and present relevant evidence throughout the investigation and adjudication process.
- A statement that if, during an investigation, additional allegations about the Complainant or Respondent are identified that were not included in the Notice, an additional supplemental notice of allegations will be provided to all parties.
- A statement that if the Formal Complaint must be dismissed, the allegations may be investigated under the Student Code of Conduct, the Nondiscrimination and Antiharassment Policy, or other applicable University policy.
Investigation Process
The Investigator will:
- Gather evidence sufficient for the Hearing Officer to reasonably determine after a Hearing whether it is more likely than not that the Respondent is responsible for the alleged Title IX Sexual Harassment based on the preponderance of the evidence.
- Provide the Complainant and Respondent with written notice of the date, time, location, participants, and purpose of any meeting or interview that includes them, allowing sufficient time for the Complainant or Respondent to meaningfully participate in their respective interviews.
- Provide the Complainant and Respondent with the same reasonable opportunities to meet with the Investigator, identify and present witnesses, including fact and expert witnesses, and provide any other relevant evidence.
- Allow the Complainant and Respondent to discuss the allegations, gather evidence, or present relevant evidence to the Investigator at any point during the investigation.
- Allow the Complainant and Respondent to have an Advisor of their choice.
- Complete the investigation within ninety (90) days of receiving the Formal Complaint unless the complexity of the allegations, facts, or evidence, or other cause for an extension exists. When an extension is necessary, the Investigator will inform the Complainant and Respondent of the extension in writing.
- Provide the Complainant and Respondent with an equal opportunity to reasonably inspect or review any relevant evidence obtained by the Investigator during the investigation before the Hearing.
Initial Investigative Report
An electronic copy of the initial Investigative Report will be provided to the parties and their Advisors. Each party may provide a written response to the initial Investigative Report to the Investigator within ten (10) days. The response should provide the party’s reasons for disagreement with the initial Investigative Report. If the Complainant or Respondent responds to the evidence in writing, the Investigator will consider that response before finalizing the Investigative Report. All responses to the initial Investigative Report will be included in the investigation file.
Final Investigative Report
A copy of the final Investigative Report will be provided to the Hearing Officer who will conduct the hearing. At least ten (10) days before the Hearing, the parties and their Advisors will be provided with access to an electronic copy of the final Investigative Report, which fairly summarizes the relevant evidence and includes a description of the procedural steps taken from the receipt of the Formal Complaint through the completion of the Investigative Report.
Hearing
When the investigation is complete, the Investigator will transfer the final Investigative Report and relevant evidence to the Hearing Officer, who will preside over the Hearing. The Hearing Officer may assign a Hearing Facilitator or other person to organize and facilitate the Hearing process. The Hearing Officer will make all decisions concerning how the Hearing will be conducted, including the following requirements:
- The Hearing Officer will provide the Complainant and Respondent with written notice of their assignment and direction as to the time, place, nature of the Hearing, the specific allegations made, and any pre-hearing process to occur before the Hearing. The Notice, which will be provided to the parties no less than twenty (20) days before the set Hearing date, will include the other requirements described in this section, a copy of the final Investigative Report, and affirm that the Hearing is being conducted under 34 C.F.R. Part 106.45, Arizona Board of Regents Policy, and these Procedures. The notice will be sent to the Complainant’s and Respondent’s University e-mail addresses.
- No later than five (5) days before the Hearing, the Complainant and Respondent will identify their expected Hearing attendees, including any Advisor who will serve as their Hearing Advisor, and their expected witnesses (including themselves), indicating the order in which they anticipate they will be called to testify. The Hearing Officer will provide each party’s disclosure to the other party, and while the disclosures are not binding, they should be submitted in good faith.
- Each party may submit a written impact statement for the Hearing Officer’s consideration in conjunction with any sanction determinations. These statements may be submitted to the Hearing Facilitator up to one (1) day before the Hearing and will not be provided to the Hearing Officer or become part of the record unless the Hearing Officer determines that a Policy violation occurred.
- If the Complainant or Respondent does not have an Advisor for the Hearing, the Title IX Coordinator will provide them with a Hearing Advisor without fee or charge solely to conduct cross-examination on their behalf.
- The Complainant and Respondent are not permitted to ask questions of the other party or witnesses and must consult with, rely on, and direct their Advisors to ask questions on their behalf.
- The Complainant’s and Respondent’s Hearing Advisors will be permitted to ask relevant questions of the other party and witnesses, including questions that challenge their credibility.
- The Hearing Officer has the authority to exclude any irrelevant questions asked by an Advisor but must explain to the participants why the question is irrelevant.
- Questions about the Complainant’s sexual predisposition or prior sexual behavior are not relevant unless such questions are asked to prove that someone other than the Respondent committed the alleged sexually harassing conduct or if the questions concern the Respondent’s interaction with the Complainant and are to prove the Complainant’s consent to the alleged conduct.
- Advisors are not permitted to make factual or legal arguments to the Hearing Officer.
- The Hearing Officer can only rely on whatever relevant evidence is available through the investigation and presented at the Hearing in making the ultimate Determination of Responsibility. The Hearing Officer may not draw any inference solely from one’s absence from the Hearing or refusal to submit to cross-examination or answer other questions.
- The Hearing must be “live” meaning that the parties and their Hearing Advisors will participate in person or virtually for all of the Hearing.
- Before the Hearing, the Complainant or Respondent may request in writing that the parties be in separate rooms during the Hearing with technology enabling the participants to see and hear each other. If this request is made, the Hearing Officer will ensure the appropriate technology and support are provided to comply.
- The Hearing Officer may choose to conduct the Hearing, or any portion of the Hearing, virtually, provided that the technology used ensures that participants can see and hear each other, their Advisors, the Hearing Officer, and any witnesses.
- The Hearing Officer will ensure that an audio/visual recording, or transcript, of the Hearing will be made and that the Complainant and Respondent will have access to the recording or transcript.
- Other than these requirements, the Hearing Officer has the discretion and authority to conduct the Hearing as the Hearing Officer sees fit, with due consideration of treating the Complainant and Respondent equitably concerning the presentation of relevant evidence. This may include conducting any pre-hearing conferences or communications as necessary.
Hearing Officer’s Determination of Responsibility
The Hearing Officer will simultaneously issue a written Determination of Responsibility to all parties within twenty (20) days after the conclusion of the Hearing. The Determination will include:
- The allegations of Title IX Sexual Harassment in the Formal Complaint or any supplemental notice.
- A description of the procedural steps taken from receipt of the Formal Complaint, including notifications, dates of meetings or interviews, site visits, and methods used to gather evidence during the investigation and the Hearing.
- A statement of the standard of evidence used (preponderance of the evidence).
- Findings of fact.
- Conclusions regarding the application of the alleged violations to the facts.
- A statement concerning the reasoning for determining responsibility, or lack of responsibility, for each allegation of Title IX Sexual Harassment in the Formal Complaint or supplemental notice.
- A statement of any disciplinary sanctions issued in conjunction with a Determination of Responsibility, including the rationale.
- A statement of whether remedies designed to restore or preserve equal access to a University educational program or activity will be provided to the Complainant and that the Title IX Coordinator is responsible for promptly implementing remedies.
- The procedures for an Appeal of the Determination of Responsibility and a statement that the Determination of Responsibility is the final adjudication action unless the Complainant or Respondent chooses to Appeal.
Dismissal of Formal Complaint
Mandatory Dismissal
A mandatory dismissal must occur when the Title IX Coordinator determines, before or during the investigation, that the conduct as alleged would not constitute Title IX Sexual Harassment even if proven, did not occur in a University educational program or activity, did not occur against a person in the United States, or the Complainant was not participating in or attempting to participate in a University education program or activity at the time the Formal Complaint was filed.
Discretionary Dismissal
A Formal Complaint may be dismissed when:
- The Complainant notifies the Title IX Coordinator in writing that they wish to withdraw some or all of the allegations in the Formal Complaint;
- The Respondent is no longer enrolled in or employed by the University; or
- Specific circumstances prevent the University from gathering evidence sufficient to reach a Determination, including, but not limited to, instances where:
- The Formal Complaint is made many years after the Title IX prohibited conduct allegedly occurred;
- The Complainant stops participating or refuses to participate in the investigative process;
- The Formal Complaint contains the same allegations the University has already investigated and adjudicated.
Notification of Dismissal
- The Title IX Coordinator determines when mandatory and discretionary dismissals are required or appropriate.
- A written notice of dismissal will be simultaneously communicated to the Complainant and Respondent and include a rationale and information on appeal options.
- A written notice of dismissal will include a statement that the dismissal does not prevent the Complainant from seeking rights and remedies under another University policy or process.
- The Dismissal may be appealed as outlined below.
Appeal of a Determination or Dismissal
Either party may appeal a Determination or Dismissal on the following grounds:
- A procedural irregularity that may have affected the outcome.
- New evidence exists that was not reasonably available at the time of the Determination of Responsibility or Dismissal that could affect the outcome of the matter.
- The decision was not reasonably justified by the evidence or is contrary to law.
- Excessive severity of the disciplinary sanction.
- The Title IX Coordinator, Investigator, Hearing Officer, or Decision-Maker had a conflict of interest or bias for or against a party that could have affected the outcome.
Procedures for Appeal
- If either party chooses to file an Appeal of a Determination of Responsibility or Dismissal, they must provide a Written Statement of Appeal to the Provost and Title IX Coordinator within ten (10) days of the Determination or Dismissal. The Written Statement of Appeal must specify the grounds for the Appeal and explain how it could have affected the outcome. If the ground for an Appeal is to consider new evidence that was not reasonably available to the appealing party at the time the Determination of Responsibility or Dismissal was made, the Appeal must describe the relevant evidence, explain why it was unavailable when the Determination or Dismissal decision was made, and explain how it could have affected the outcome of the matter. Any new evidence should be attached to the Written Statement of Appeal.
- The Title IX Coordinator retains the discretion to verify and/or waive minor procedural variations in the timing and content of the Appeal submission. If the Title IX Coordinator exercises this discretion, the parties will receive a written explanation for the action and the reason(s) for the action.
- Upon receipt of a timely Appeal, the Title IX Coordinator or designee will provide the other party with notification of the Appeal.
- The Title IX Coordinator or designee will provide the non-appealing party with the Written Statement of Appeal, including any attachments.
- The non-appealing party will have ten (10) days after receipt of the Written Statement of Appeal to provide the Provost and the Title IX Coordinator with a Response to the Written Statement of Appeal that requests affirmation of the Determination of Responsibility or Dismissal and/or responds to the submitted Appeal.
- Within twenty (20) days of receiving the Response to the Written Statement of Appeal, the Provost or their designee will provide a written Appeal Decision to the parties explaining the rationale for the decision. The Appeal Decision of the Provost or their designee is final.
Terms as used in these Procedures:
Advisor / Hearing Advisor: An Advisor is an individual selected by a Complainant or Respondent to advise them during these Procedures. The Advisor may be an attorney and may also act as a party’s Hearing Advisor for the purpose of conducting cross-examination during a live hearing. If a party does not have an Advisor at the time of the Hearing, the University will provide a Hearing Advisor for the limited purpose of conducting cross-examination.
Complainant: An individual who is alleged to be the victim of conduct that could constitute Title IX Sexual Harassment as addressed by these Procedures.
Consent: Consent in the context of sexual activity means informed and freely given words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Consent may not be inferred from: 1) silence, passivity, or lack of resistance, 2) a current or previous dating or sexual relationship, 3) acceptance or provision of gifts, meals, drinks, or other items, or 4) previous consent to sexual activity. Consent may be withdrawn during sexual activity. Consent to one form of consensual sexual activity does not imply consent to any other form of sexual activity. Consent may not be obtained through physical force, violence, duress, intimidation, coercion, or an express or implied threat of injury. Consent may never be given by a person who is: incapacitated (by drugs, alcohol, or otherwise), unconscious, asleep, or otherwise physically or mentally unable to make informed, rational judgments. The use of alcohol or drugs does not diminish one’s responsibility to obtain consent and does not excuse conduct. Consent cannot be given by someone who, by virtue of age, circumstances, or other factors, is deemed by law to be incapable of giving consent.
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. The existence of such a relationship shall be determined based on the information available and consideration of the following factors: 1) the length of the relationship, 2) the type of relationship, and 3) the frequency of the interaction between the persons involved in the relationship. See 34 U.S.C. §12291(a)(11).
Days: Day means a University business day, not including Saturday, Sunday, a University-recognized holiday, or any day the University is closed.
Dismissal: The Title IX Coordinator’s discretionary decision to dismiss all or part of a Complaint or Formal Complaint based on the criteria or circumstances set forth in these Procedures.
Domestic Violence: Conduct that would meet the definition of a felony or misdemeanor crime of violence committed:
- by a current or former spouse or intimate partner of the Complainant, by a person who is cohabitating with, or who has cohabitated with, the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of an applicable jurisdiction;
- by a person with whom the Complainant has a child in common, or either party is pregnant by the other party;
- by a person residing or having resided in the same household;
- where a Complainant is related to the Respondent or the Respondent’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother, or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, stepgrandchild, brother-in-law, or sister-in-law; or
- where a victim is a child who resides or has resided in the same household as the Respondent and is related by blood to a former spouse of the Respondent or to a person who resides or who has resided in the same household as the Respondent.
See 34 U.S.C. §12291(a)(12).
Educational program or activity: Locations, events, or circumstances in the United States over which the University exercises substantial control over both the Respondent and the context in which the sexual harassment occurs, including employment, and includes any building owned or controlled by a student organization that is officially recognized by the University.
Range of Discipline: Disciplinary sanctions issued to a student may range from removal from a University educational program or activity to expulsion and degree revocation; and for an employee disciplinary sanctions may include a written warning, written reprimand, suspension without pay, involuntary demotion, disciplinary probation, and dismissal. Disciplinary sanctions may also be accompanied by other, non-disciplinary actions allowable under existing University rules, policies, and practices.
Respondent: An individual who has been reported to be the perpetrator of conduct that could constitute Title IX Sexual Harassment as addressed by these Procedures.
Sexual Assault: Any attempted or actual sexual act directed against a Complainant, without their consent, including instances where the Complainant is incapable of giving consent. See 20 U.S.C. 1092(f)(6)(A)(v).
Sexual Act: Any attempted or actual sexual act4 directed against a Complainant, without their consent, including instances where the Complainant is incapable of giving consent.
- Rape: 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 the consent of that person.
- Sodomy: Oral or anal sexual intercourse with another person, without the Consent of that person, including instances where that person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacitation.
- Sexual Assault with an Object: To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, without the Consent of that person, including instances where that person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacitation.
- Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without the Consent of that person, including in instances where that person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacitation.
- Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent as defined by law. See 34 U.S.C. §12291(a)(36).
Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that person’s safety or the safety of others or to suffer substantial emotional distress.
Title IX Coordinator: The Title IX Coordinator is responsible for coordinating the University’s compliance with its obligations under Title IX and its regulations. The Title IX Coordinator has the discretion to delegate specific duties to one or more designees.
Title IX Retaliation: Taking materially adverse action against any individual by intimidating, threatening, coercing, harassing, or discriminating against them for the purpose of interfering with any right or privilege secured by Title IX, or because the individual made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing related to Title IX Sexual Harassment.
Appendix C: 2024 Procedures for Formal Complaints of Title IX Sex Discrimination
In accordance with the University of Arizona’s Nondiscrimination and Anti-harassment Policy, the University of Arizona (University) is committed to creating and maintaining an environment free of discrimination. In support of this commitment, the University prohibits Sex Discrimination which includes Sex-based Harassment. A person affected by Sex Discrimination can seek confidential support or assistance, can request supportive measures, and can request formal disciplinary proceedings by the University.
Scope
These Procedures for Formal Complaints of Title IX Sex Discrimination (Procedures) apply to and describe the exclusive process followed by the University to resolve Formal Complaints and allegations of Sex Discrimination, including Sex-based Harassment and Retaliation, occurring within a University-sponsored educational program or activity in the United States on and after August 1, 2024.
Sex Discrimination includes discrimination on the basis of sex, sex stereotypes, sex characteristics, pregnancy or related conditions, sexual orientation, and gender identity. Sex-based Harassment is a form of Sex Discrimination and means Sexual Harassment and other harassment on the basis of sex, that is:
- Quid Pro Quo Harassment. An employee, agent, or other person authorized by the University to provide an aid, benefit, or service under the University’s educational program or activity explicitly or impliedly conditions the provision of such on participation in unwelcome sexual conduct;
- Hostile Environment Harassment. Unwelcome sex-based conduct that, based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity (i.e., creates a hostile environment), even when some of the conduct contributing to the hostile environment occurred outside of a program or activity, or the United States; and/or
- Specific Offenses. Sexual Assault, Dating Violence, Domestic Violence, and Stalking as prohibited by law and the University. Allegations of Title IX Sex Discrimination occurring before August 1, 2024, will be subject to the policies and procedures in place at the time of the alleged conduct. Applicable versions of those policies and procedures are available on the Office of Institutional Equity’s website.
If the facts or occurrences forming the basis of a Formal Complaint of Sex Discrimination would also constitute a violation of other University policies, those potential policy violations 1 may be addressed outside of these Procedures through the applicable University processes. When appropriate, these Procedures may proceed concurrently or sequentially with any other University process addressing other aspects of the facts and occurrences giving rise to a Formal Complaint of Sex Discrimination.
The University may amend these Procedures from time to time within its discretion. Amendments may apply to ongoing matters at the time the amendment is made unless the effect of the amendment is to reduce the rights of either a Complainant or Respondent, in which case the version of these Procedures in effect at the time the Formal Complaint was made will be followed.
Responses to Reports and Complaints of Sex Discrimination
Reports and Complaints of Sex Discrimination
Any person may report Sex Discrimination by submitting an online reporting form online. Reporting by mail, telephone, or electronic mail to the Office of Institutional Equity or the Title IX Coordinator is also acceptable. The receipt of a report provides an opportunity for the University to offer information, resources, and Supportive Measures. A report does not constitute a Complaint subject to investigation and a Determination of Responsibility unless it can be objectively understood to be a request to investigate and determine whether Sex Discrimination occurred.
Supportive Measures
The University offers a range of resources to students and employees impacted by Sex Discrimination, including Supportive Measures. Supportive Measures are non-disciplinary, non-punitive individualized services offered without fee or charge as appropriate and reasonably available to Complainants and Respondents. Supportive Measures are designed to protect the safety of the parties and/or the University's educational environment and/or to provide support during the grievance process without unreasonably burdening either party.
- Supportive Measures are available regardless of whether a Complainant initiates a Formal Complaint of Sex Discrimination or reports to law enforcement.
- Supportive Measures can vary depending on the circumstances and may include but are not limited to counseling, extension of deadlines or other course-related adjustments, modification of work or class schedules, campus escort services, mutual restrictions on contact between the parties (Student No Contact Orders), changes in campus work or housing locations, leaves of absence, increased security and monitoring of campus areas, visa and immigration assistance, transportation accommodations, safety planning, community referrals, and other similar measures.
- Supportive Measures may also include administrative and educational actions that do not unreasonably burden another party. Administrative and educational actions are not disciplinary.
- A Complainant or Respondent may seek modification or reversal of the University’s decision to provide, deny, modify, or terminate Supportive Measures applicable to them 2 when initially imposed or later if circumstances materially change. Such requests should be submitted in writing to the Office of Institutional Equity for review. A written determination will be provided to the parties and the Title IX Coordinator within five (5) days of receiving a complete written request.
- The University may, as appropriate, modify, terminate, or continue Supportive Measures at the conclusion of these Procedures.
- The University will maintain the confidentiality of any Supportive Measure(s) provided to either party to the extent that doing so does not impair the University’s ability to provide the Supportive Measures or restore or preserve a party’s access to a University program or activity.
Violations of No Contact Orders or other University restrictions may be referred to appropriate student or employee conduct processes for enforcement or added as a collateral allegation to a current Complaint subject to investigation under these Procedures.
Emergency Removal
The Title IX Coordinator may remove a Respondent accused of Sex Discrimination from a University education program or activity after conducting an individualized safety and risk analysis to determine whether the Respondent presents an immediate threat to the physical health or safety of the Complainant or any other individual arising from the allegations of Sex Discrimination.
When an Emergency Removal is imposed:
- Both the Complainant and Respondent will receive notice of the Emergency Removal, which will include the rationale for and terms of the removal and notice of the right to challenge the decision immediately.
- A challenge to an Emergency Removal must be submitted in writing to the Title IX Coordinator no later than five (5) days after the removal becomes effective. A party who fails to submit a timely written challenge waives their right to do so.
- If the removal is challenged, each party will be notified and given two (2) days to submit a written response to the Title IX Coordinator.
- The Title IX Coordinator will consider a challenge and any response to determine whether the removal should remain in place, be modified, or be lifted and issue a decision within ten (10) days from the date of the notice of removal. The Emergency Removal will remain in effect while a challenge is under review and, if upheld, will remain in effect until the conclusion of these Procedures or the reason(s) for imposing the Emergency Removal no longer exist.
- The Title IX Coordinator, investigator, or other decision-maker may participate in the Emergency Removal process if their role does not result in a conflict of interest or bias with respect to these Procedures.
Administrative Leave
An employee Respondent may be placed on administrative leave during the Title IX Formal Complaint process in accordance with applicable University employment policies and practices.
Investigation and Adjudication
During each phase of these Procedures, all individuals employed by the University or legally recognized as agents of the University with responsibilities directly related to these Procedures (including the Title IX Coordinator, investigators, and hearing officers) will reinforce and affirm the University’s commitment to:
- Equitable treatment of Complainants and Respondents.
- Share information about all relevant University policies and Procedures with Complainants and Respondents.
- Evaluate information and all relevant evidence objectively and impartially throughout all phases of the investigative process so that Complainants and Respondents are not disadvantaged due to conflict of interest or bias.
- Initiate the investigative process with a presumption that the Respondent is not responsible for the alleged conduct and suspend judgment concerning responsibility until all relevant evidence has been considered and a determination is made at the conclusion of these Procedures.
- Avoid reliance on sex or gender stereotypes.
- Inform Complainants and Respondents that the Hearing Officer will apply the preponderance of the evidence standard to make the Determination of Responsibility and explain its meaning.
- Objectively evaluate all evidence that is relevant and not otherwise impermissible, including both inculpatory and exculpatory evidence, and provide that credibility assessments will not be made based on a person’s status as a party or witness.
- Provide Complainants and Respondents with information regarding the possible range of disciplinary sanctions that may be issued if there is a Determination of Responsibility.
- Recognize legal privileges that apply to Complainants and Respondents, including attorney-client and medical privacy privileges, and exclude evidence or questions that seek such evidence unless the privilege was knowingly waived in writing.
- Complete the overall grievance process within a reasonably prompt timeframe. Reasonable extensions of timeframes will be allowed on a case-by-case basis upon a showing of good cause, with written notice to the parties stating the reason for the extension.
- Provide Complainants and Respondents with information about how and on what grounds they can appeal the Dismissal of a Formal Complaint or Determination of Responsibility.
Privacy and Confidentiality
The University will take reasonable steps to protect the privacy of the parties and witnesses during the grievance process as set forth in these Procedures. Parties should be aware that disclosure may occur in some circumstances, including for investigation and evidence-gathering purposes and to notify individuals of the Determination of Responsibility. Other situations where disclosure may occur include, but are not limited to, disclosures permitted by the Family Educational Rights and Privacy Act (FERPA), required compliance with an obligation imposed on the University by law, or in the facilitation of other legitimate University processes.
Parties and Advisors are prohibited from unauthorized disclosure of information obtained by the University during the grievance process to the extent that information was produced, compiled, or written by an investigator in the course of their investigation. It is also a violation of these Procedures to publicly disclose such information or a party’s personally identifiable information without their prior written authorization or consent.
Initiating a Formal Complaint
- Formal Complaints of Sex Discrimination and/or Title IX Retaliation may be submitted by filing an online reporting form. Complaints may also be submitted in writing via mail or electronic mail to the Office of Institutional Equity or the Title IX Coordinator. All Complaints must state an allegation of Sex Discrimination and/or Retaliation, identify the Complainant’s status as an employee, student, or other individual participating in, or attempting to participate in, a University educational program or activity, and state the action being requested.
- A Complainant may withdraw some or all of the allegations in their Formal Complaint at any time by providing written notice to the Title IX Coordinator.
- If more than one Complainant alleges, or more than one Respondent is subject to allegations of, Sex Discrimination arising from the same set of facts or circumstances, the Title IX Coordinator may consolidate the Formal Complaints for the remainder of these Procedures. When consolidation occurs, the parties will be informed in writing.
Initial Assessment
The Title IX Coordinator will conduct an initial assessment, typically within ten (10) days of receiving a report or Formal Complaint of Sex Discrimination, to determine whether it sufficiently alleges conduct that may be addressed through these Procedures. If not, the Complainant will be offered available support, resources, and information regarding other applicable University policies and processes.
Title IX Coordinator’s Authority to Initiate or Continue to Pursue a Formal Complaint
In the absence of a Formal Complaint or the Complainant’s withdrawal of any or all the allegations in a Complaint, the Title IX Coordinator will determine whether to initiate or continue to pursue a Complaint based on a fact-specific assessment of the following factors:
- The Complainant’s request not to proceed with a Complaint;
- The Complainant’s reasonable safety concerns regarding the initiation of a Complaint;
- The risk that additional acts of discrimination would occur if a Complaint is not initiated;
- The severity of the alleged Sex Discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent its recurrence;
- The age and relationship of the parties, including whether the Respondent is an employee;
- The scope of the alleged Sex Discrimination, including information suggesting a pattern, ongoing Sex Discrimination, or discrimination alleged to have impacted multiple individuals;
- The availability of evidence to assist a Hearing Officer in determining whether Sex Discrimination occurred;
- Whether the University could end the alleged Sex Discrimination and prevent its recurrence without initiating these Procedures.
The Title IX Coordinator may decide to initiate a Complaint or to continue to pursue all or some of the allegations in a Complaint without becoming a party. Before doing so, the Title IX Coordinator will notify the Complainant to reasonably address safety concerns and offer Supportive Measures.
Notice of Allegations
Upon confirmation or initiation of a Formal Complaint, the Title IX Coordinator will provide written notice to the Complainant and Respondent (Notice). The Notice shall be sent to the Complainant and Respondent at least three (3) days before any scheduled meeting to allow the parties sufficient time to prepare for and attend their respective meetings and will contain:
- A link to the University’s Nondiscrimination and Anti-harassment Policy and these Procedures.
- A link to information regarding each party’s rights and options pursuant to the Clery Act, Violence Against Women Act (VAWA), and Title IX.
- A summary of the allegations, including the identities of those involved in the incident, the precise conduct that is alleged to constitute Sex Discrimination, and the date and location of the alleged incident(s), if known.
- A statement informing the parties that employees and students are required to attend any meeting scheduled under these Procedures. While attendance is required, students and employees are not required to participate in meetings pursuant to these Procedures. If an individual chooses to participate in the grievance process, they must do so by providing truthful information. Providing false or misleading information in this process may result in disciplinary action under other University policies.
- A statement that the Complainant and Respondent may have an Advisor of their choice who may be, but is not required to be, an attorney, who may attend all interviews, meetings, and related proceedings, and that they and their Advisor may inspect and review evidence under these Procedures.
- A statement that the parties will have equal access to the Investigative Report and any relevant and not otherwise impermissible evidence.
- A statement that the University has the burden of proof and that the Hearing Officer will apply the preponderance of the evidence standard to determine whether it is more likely than not that the alleged conduct occurred.
- A statement that the Respondent is presumed not responsible until a Determination of Responsibility is made after a Hearing.
- A statement that there is no restriction on the ability of either party to discuss the allegations under investigation, their own knowledge of the facts, or to gather and present relevant evidence throughout the grievance process.
- Details on how a party may request disability accommodations during the grievance process.
- An instruction to preserve any evidence that is directly related to the allegations.
- A statement that if, during the course of the investigation, additional allegations about the Complainant or Respondent are identified that were not included in the Notice, an additional supplemental notice of allegations will be provided to all parties.
- A statement that Determinations of Responsibility are made at the conclusion of the investigative process and that the parties will be given an opportunity to inspect and review all relevant information prior to a decision being made.
- A statement that retaliation is prohibited.
- A statement that if the Formal Complaint is dismissed, the allegations may be subject to investigation under the Student Code of Conduct, the Nondiscrimination and Antiharassment Policy, or other applicable University policy.
Dismissal of Formal Complaint
The Title IX Coordinator may dismiss a Formal Complaint when:
- The University is unable to identify the Respondent after taking reasonable steps to do so.
- The Respondent is no longer enrolled in or employed by the University.
- The Complainant notifies the Title IX Coordinator in writing that they wish to voluntarily withdraw some or all of the allegations in the Formal Complaint, the Title IX Coordinator declines to initiate a Complaint, and the remaining allegations in the Complaint, if any, would not constitute Sex Discrimination even if proven.
- The Title IX Coordinator determines, after making reasonable efforts to clarify the allegations with the Complainant, that the alleged conduct, even if proven, would not constitute Sex Discrimination.
- Specific circumstances prevent the University from gathering evidence sufficient to reach a Determination of Responsibility, including, but not limited to, instances where:
- The Formal Complaint is made many years after the Title IX prohibited conduct allegedly occurred;
- The Complainant stops participating or refuses to participate in the investigation process;
- The Formal Complaint contains the same allegations that the University has already investigated.
Notification of Dismissal
In the event of a Dismissal, the Title IX Coordinator will promptly send written notification to the Complainant, including the rationale for the Dismissal and information regarding the Complainant’s appeal rights. (See Appeal Process, below). If the Respondent is aware of the Complainant’s allegations at the time of the Dismissal, both parties will simultaneously receive written notification with information about their rights and options.
Investigation Process
The investigator will:
- Gather evidence sufficient for the Hearing Officer to reasonably determine after a Hearing whether it is more likely than not that the Respondent is responsible for the alleged Sex Discrimination based on the preponderance of the evidence standard.
- Provide the parties with written notice of the date, time, location, participants, and purpose of all investigative interviews, hearings, or other meetings, with sufficient time for the party to prepare to participate.
- Provide the parties with an equal opportunity to meet with an investigator and present fact witnesses and other inculpatory and exculpatory evidence that is relevant and not otherwise impermissible.
- Not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.
- Allow the Complainant and Respondent to have an Advisor of their choice, who may be, but is not required to be, an attorney and may attend all meetings, interviews, and related proceedings.
- Allow for reasonable extensions of timeframes on a case-by-case basis with a showing of good cause and written notice to the parties explaining the reason for the extension.
- Make a good faith effort to complete the investigation within ninety (90) days of receiving the Formal Complaint unless the complexity of the allegations, facts, or evidence, or other good cause for an extension exists.
- Review all evidence gathered through the investigation and determine what evidence is relevant and what evidence is impermissible regardless of its relevance.
- Prepare an initial Investigative Report that fairly and accurately summarizes the investigation, including all interviews/meetings, and the relevant and not otherwise impermissible evidence.
- Provide the parties and their Advisors, if any, with an electronic copy of the initial Investigative Report and all relevant and not otherwise impermissible evidence and the opportunity to provide a written response within five (5) days of receipt of the Investigative Report. The response should provide the party’s reasons for disagreement with the initial Investigative Report, comments regarding the evidence, and/or any additional information or requests for information that the investigator will consider prior to finalizing the Investigative Report. A party who fails to provide a written response within the five (5) day review period waives their right to do so. All responses to the initial Investigative Report will be incorporated into the final Investigative Report, which will include a description of the procedural steps taken from the receipt of the Formal Complaint through the completion of the Investigation.
- Take reasonable steps to prevent and address the parties' and/or their Advisors' unauthorized disclosure of information and evidence obtained solely through these Procedures.
Respondent's Acceptance of Responsibility
At any point in the grievance proceedings, a Respondent may elect to admit to the alleged conduct and waive further process. The Hearing Officer is authorized to accept that admission, adopt it as their finding/final determination, and impose sanctions. If the Respondent does not accept responsibility for all of the alleged conduct, the process will continue to its conclusion. By accepting responsibility, the Respondent waives their right to appeal the Determination of Responsibility, but the Complainant retains their appeal rights.
Hearing
When the investigation is complete, the investigator will transfer the final Investigative Report and relevant evidence to the Hearing Officer, who will preside over the Hearing. The Hearing Officer may assign a Hearing Facilitator or other person to organize and facilitate the Hearing process and will ensure the following requirements are met:
- The Hearing Officer will provide the Complainant and Respondent with written notice of the date, time, place, and nature of the Hearing, the specific allegations made, policies alleged to be violated, and any available pre-hearing process. The Notice, which will be provided to the parties no less than twenty (20) days prior to the set Hearing date, will include the other requirements described in this section and affirm that the Hearing is being conducted under 34 C.F.R. Part 106.46, Arizona Board of Regents Policy, and these Procedures. The Notice will be sent to the Complainant’s and Respondent’s University e-mail addresses.
- At least ten (10) days before the Hearing, the parties and their Advisors will be provided with access to an electronic copy of the final Investigative Report and all relevant and not otherwise impermissible evidence.
- No later than five (5) days before the Hearing, the Complainant and Respondent will identify their expected Hearing attendees, including any Advisor who will serve as their Hearing Advisor, and their expected witnesses (including themselves), indicating the order in which they anticipate they will be called to testify. The Hearing Officer will provide each party’s disclosure to the other party, and while the disclosures are not binding, they should be submitted in good faith.
- If the Complainant or Respondent does not have an Advisor for the Hearing, the Title IX Coordinator will provide them with a Hearing Advisor without fee or charge, solely to conduct cross-examination on their behalf.
- Each party may submit a written impact statement for the Hearing Officer’s consideration in conjunction with any sanction determinations. These statements may be submitted to the Hearing Facilitator up to one (1) day before the Hearing and will not be provided to the Hearing Officer or become part of the record unless the Hearing Officer determines that Sex Discrimination occurred.
- The Complainant and Respondent are not permitted to ask questions of the other party or 9 witnesses and must consult with, rely on, and direct their Hearing Advisors to ask questions on their behalf during cross-examination.
- The Complainant’s and Respondent’s Hearing Advisors will be permitted to ask relevant questions of the other party and witnesses, including questions that challenge their credibility.
- The Hearing Officer must exclude any irrelevant or impermissible questions asked by a Hearing Advisor and must explain to the participants why the question is irrelevant or impermissible. Additionally, the Hearing Officer will not permit questions that are unclear or harassing but must provide the Hearing Advisor an opportunity to clarify or revise the excluded question for reconsideration.
- Evidence and questions that relate to the Complainant’s sexual interests or prior sexual conduct are not relevant unless such evidence or questions are offered/asked to prove that someone other than the Respondent committed the alleged conduct or if the evidence or questions concern specific incidents of the Complainant's prior sexual conduct with the Respondent and are offered to prove consent to the alleged Sex Discrimination. The parties’ prior consensual sexual conduct does not by itself demonstrate or imply the Complainant's consent to the alleged Sex Discrimination or preclude a determination that Sex Discrimination occurred.
- Hearing Advisors cannot make factual or legal arguments to the Hearing Officer.
- The Hearing Officer can only rely on whatever relevant and permissible evidence is available through the investigation and presented at the Hearing in making the ultimate Determination of Responsibility.
- The Hearing Officer may choose to place less or no weight upon statements by a party or witness who refuses to respond to questions that are deemed relevant and not otherwise impermissible. The Hearing Officer must not draw an inference about whether Sex Discrimination occurred based solely on a party’s or witness’s refusal to respond to such questions.
- The Hearing Officer will question the parties and witnesses to assess their credibility to the extent credibility is both in dispute and relevant to the evaluation of one or more allegations of Sex Discrimination.
- The Hearing must be “live,” meaning that the parties and their Hearing Advisors will participate in person or virtually for the entirety of the Hearing.
- Prior to the Hearing, the Complainant or Respondent may request in writing that the parties be in separate rooms during the Hearing with technology enabling the participants to see and hear each other. If this request is made, the Hearing Officer will ensure the appropriate technology and support are provided to comply.
- The Hearing Officer may choose to conduct the Hearing, or any portion of the Hearing, virtually provided that the technology used ensures that participants can see and hear each other, the Hearing Advisors, the Hearing Officer, and any witnesses.
- The Hearing Officer will ensure that a recording or transcript of the Hearing is made and that the parties have access to it.
- Other than these requirements, the Hearing Officer has the discretion and authority to conduct the Hearing as the Hearing Officer sees fit, with due consideration of treating the Complainant and Respondent equitably concerning the presentation of relevant and not otherwise impermissible evidence. This may include conducting any pre-hearing conferences or communications as necessary.
Hearing Officer's Determination of Responsibility
The Hearing Officer will simultaneously issue a written Determination of Responsibility (Determination) to all parties within twenty (20) days after the conclusion of the Hearing. The Determination will include:
- A description of the Sex Discrimination alleged in the Formal Complaint or any supplemental notice.
- Information about the policies and procedures used to evaluate the allegation(s), including a statement of the standard of evidence used (preponderance of the evidence).
- The Hearing Officer’s evaluation of the relevant and not otherwise impermissible evidence and determination of whether Sex Discrimination occurred.
- Findings of fact.
- Conclusions regarding the application of the alleged violations to the facts.
- A statement of any disciplinary sanctions issued in conjunction with a Determination of Responsibility, including the rationale.
- A statement of whether remedies designed to restore or preserve equal access to a University educational program or activity will be provided to the Complainant and, to the extent appropriate, other students experiencing the effects of Sex Discrimination, and that the Title IX Coordinator is responsible for promptly implementing remedies.
- The procedures for an Appeal of the Determination of Responsibility and a statement that the Determination of Responsibility is the final adjudication action unless the Complainant or Respondent chooses to Appeal.
Appeal of a Determination or Dismissal
Either party may appeal the Hearing Officer’s Determination of Responsibility or the Dismissal of all or part of a Complaint on the following grounds:
- A procedural irregularity that would change the outcome.
- New evidence that would change the outcome and was not reasonably available when the Determination or Dismissal was made.
- The decision was not reasonably justified by the evidence or is contrary to law.
- Excessive severity of the disciplinary sanction.
- The Title IX Coordinator, investigator, Hearing Officer, or other decision-maker had a conflict of interest or bias against Complainants or Respondents generally or a specific party that would change the outcome.
Procedures for Appeal
- If either party chooses to file an Appeal of a Determination of Responsibility or Dismissal of all or part of a Complaint, they must provide a written Statement of Appeal to the Provost and Title IX Coordinator within five (5) days of the Determination or Dismissal. The written Statement of Appeal must specify at least one of the above grounds for an Appeal. If the ground for an Appeal is to consider new evidence that was not reasonably available to the 11 appealing party at the time the Determination of Responsibility or Dismissal was made, the Appeal must describe the relevant evidence, explain why it was unavailable when the Determination or Dismissal decision was made, and explain how it would have affected the outcome of the matter. Any new evidence should be provided as an attachment to the written Statement of Appeal.
- The Title IX Coordinator retains the discretion to verify and/or waive minor procedural variations in the timing and content of the Appeal submission and to grant reasonable extensions of time upon a showing of good cause. If the Title IX Coordinator exercises this discretion, the parties will receive a written explanation for the action and the reason(s) for the action.
- Upon receipt of a timely Statement of Appeal, the Title IX Coordinator or their designee will notify the non-appealing party and provide them with an electronic copy of the written Statement of Appeal, including any attachments.
- The non-appealing party will have five (5) days after receipt of the written Statement of Appeal to provide the Provost and the Title IX Coordinator with a response to the written Statement of Appeal that requests affirmation of the Determination of Responsibility or Dismissal and/or responds to the Statement of Appeal.
- Within twenty (20) days of receiving the Response to the written Statement of Appeal, the Provost or their designee will provide a written Appeal Decision to the parties explaining the rationale for the decision. The Appeal Decision of the Provost or their designee is final.
Disciplinary Sanction Status During Appeal
Any sanctions imposed as a result of the Determination of Responsibility are stayed (i.e., not implemented) during the appeal process. Supportive Measures may be maintained or reinstated until the appeal determination is made.
Terms as used in these Procedures:
Advisor/Hearing Advisor: An Advisor is an individual chosen by a Complainant or Respondent to advise them during these Procedures. The Advisor may be an attorney and may also act as a party’s Hearing Advisor for the purpose of conducting cross-examination during a live hearing. If a party does not have an Advisor at the time of the Hearing, the University will provide them with a Hearing Advisor for the limited purpose of conducting cross-examination.
Complainant: A student or employee who is alleged to have been subjected to Sex Discrimination; or a person (other than a student or employee) who is alleged to have been subjected to conduct that could constitute Sex Discrimination when participating or attempting to participate in the University‘s education program or activity when the alleged Sex Discrimination occurred.
Complaint/Formal Complaint: A Complaint is an oral or written request to the University that can be objectively understood as a request to investigate and determine whether the alleged conduct constitutes Sex Discrimination under Title IX or its regulations. A Complaint of Sex-based Harassment may be made by a Complainant, someone legally authorized to act on the Complainant’s behalf, or the Title IX Coordinator. A Complaint of Sex Discrimination (other than Sex-based Harassment) can be made by a student, employee, or anyone who was participating or attempting to participate in a University program or activity at the time of the alleged discriminatory conduct. Once an oral or written request to investigate Sex Discrimination, Sex-based Harassment, or Retaliation is memorialized as a Complaint and signed by the Complainant, or a Complaint is initiated by the Title IX Coordinator, it constitutes a Formal Complaint as referenced in these Procedures.
Consent: Consent in the context of sexual activity means informed and freely given words or actions that indicate a willingness to participate in mutually agreed upon sexual activity. Consent may not be inferred from 1) silence, passivity, or lack of resistance, 2) a current or previous dating or sexual relationship, 3) acceptance or provision of gifts, meals, drinks, or other items, or 4) previous consent to sexual activity. Consent may be withdrawn during sexual activity. Consent to one form of consensual sexual activity does not imply consent to any other form of sexual activity. Consent may not be obtained through physical force, violence, duress, intimidation, coercion, or an express or implied threat of injury. Consent may never be given by a person who is: incapacitated (by drugs, alcohol, or otherwise), unconscious, asleep, or otherwise physically or mentally unable to make informed, rational judgments. The use of alcohol or drugs does not diminish one’s responsibility to obtain consent and does not excuse conduct. Consent cannot be given by someone who, by virtue of age, circumstances, or other factors, is deemed by law to be incapable of giving consent.
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. The existence of such a relationship shall be determined based on the information available and consideration of the following factors: 1) the length of the relationship, 2) the type of relationship, and 3) the frequency of the interaction between the persons involved in the relationship. See 34 U.S.C. §12291(a)(11).
Days: Days means University business days, not including Saturday, Sunday, a University-recognized holiday, or any day the University is closed.
Determination of Responsibility: The Hearing Officer’s written determination of whether Sex Discrimination occurred, made after applying the preponderance of the evidence standard to the relevant and not otherwise impermissible information presented.
Discrimination: Discrimination occurs when an individual or group of individuals is treated adversely because they belong to a classification of individuals that is protected from discrimination by law or policy.
Dismissal: The Title IX Coordinator’s discretionary decision to dismiss all or part of a Complaint or Formal Complaint based on the criteria or circumstances set forth in these Procedures.
Domestic Violence: Conduct that would meet the definition of a felony or misdemeanor crime of violence committed:
- by a current or former spouse or intimate partner of the Complainant, by a person who is cohabitating with, or who has cohabitated with, the Complainant as a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of an applicable jurisdiction;
- by a person with whom the Complainant has a child in common, or either party is pregnant by the other party;
- by a person residing or having resided in the same household;
- where a Complainant is related to the Respondent or the Respondent’s spouse by blood or court order as a parent, grandparent, child, grandchild, brother, or sister or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, stepgrandchild, brother-in-law, or sister-in-law; or where a victim is a child who resides or has resided in the same household as the Respondent and is related by blood to a former spouse of the Respondent or to a person who resides or who has resided in the same household as the Respondent.
See 34 U.S.C. §12291(a)(12).
Educational Program or Activity: Locations, events, or circumstances in the United States over which the University exercises substantial control over both the Respondent and the context in which the alleged Sex Discrimination occurred, including employment, and includes but is not limited to any conduct that occurs in a building owned or controlled by a student organization that is officially recognized by the University, and conduct that is subject to the University’s disciplinary authority.
Party: A Complainant or Respondent.
Retaliation: Intimidation, threats, or discrimination against anyone by the University, a student, an employee, or anyone authorized by the University to provide an aid, benefit, or service under its education program or activity for the purpose of interfering with the rights and privileges established by Title IX and its implementing regulations, or because the person has reported information, made a Complaint, testified, or participated or refused to participate in an investigation, proceeding, or hearing under these Procedures.
Range of Disciplinary Sanctions: Disciplinary sanctions issued to a student may range from removal from a University educational program or activity to expulsion and degree revocation. Employee disciplinary sanctions may include a written warning, written reprimand, suspension without pay, involuntary demotion, disciplinary probation, and dismissal. Disciplinary sanctions may also be accompanied by other, non-disciplinary actions allowable under existing University rules, policies, and practices.
Respondent: A person who is alleged to have violated the University’s prohibition on Sex Discrimination as addressed by these Procedures.
Sexual Assault: Any attempted or actual sexual act directed against a Complainant, without their consent, including instances where the Complainant is incapable of giving consent. See 20 U.S.C. 1092(f)(6)(A)(v).
Sexual Acts include the following forcible and non-forcible sexual acts and sexual violations:
- Rape: 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 the consent of that person.
- Sodomy: Oral or anal sexual intercourse with another person, without the Consent of that person, including instances where that person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacitation.
- Sexual Assault with an Object: To use an object or instrument to penetrate, however slightly, the genital or anal opening of the body of another person, without the Consent of that person, including instances where that person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacitation.
- Fondling: The touching of the private body parts of another person for the purpose of sexual gratification without the Consent of that person, including in instances where that person is incapable of giving consent because of age or because of temporary or permanent mental or physical incapacitation.
- Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
- Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent as defined by law. See 20 U.S.C. 1092(f)(6)(A)(v).
Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for that person’s safety or the safety of others or to suffer substantial emotional distress. See 34 U.S.C. §12291(a)(36).
Title IX Coordinator: The Title IX Coordinator is responsible for coordinating the University’s compliance with its obligations under Title IX and its regulations. The Title IX Coordinator has the discretion to delegate specific duties to one or more designees.
Appendix D: Student Code of Conduct Disciplinary Procedures
5-401 Student Code of Conduct Procedures - General
A. The purpose of these procedures are to guide the review of allegations of violations of the Student Code of Conduct.
B. These procedures are designed to allow for fact-finding and decision-making in the context of an educational community, and to encourage students to accept responsibility for their own actions. The intent is to provide adequate procedural safeguards to protect the rights of the individual student and the legitimate interests of the university.
C. The universities may use mediation, conciliation, or any alternative dispute resolution procedures in addition to or in place of these procedures in accordance with policies and procedures adopted by each university and as permitted by law.
D. Student records generated during the information gathering/decision-making process associated with these procedures are subject to the Family Educational Rights and Privacy Act (FERPA).
E. Each university shall adopt Student Code of Conduct Procedures that are consistent with Board Policy and applicable laws and regulations.
F. Each university may adopt policies and procedures for reviewing allegations of academic dishonesty. If the sanction imposed includes expulsion, suspension, or revocation of a degree, then the student is entitled to a hearing according to procedures adopted by each university. G. Each university will provide procedural protections for disciplinary procedures as required by A.R.S. § 15-1866.
5-402 Definitions
A. The definitions provided elsewhere in this chapter are also applicable to this policy except where otherwise indicated.
5-403 Disciplinary Procedures
A. Initiation of Charges Investigation
- A disciplinary investigation may be initiated by submitting a written referral to the Dean of Students. The Dean also may initiate an investigation based on media reports or other reliable information.
- A written referral must state sufficient facts, including specific names(s), date(s), locations and descriptions of the alleged act(s) of misconduct to enable the Dean of Students to decide whether further fact-finding is necessary.
- Where the alleged misconduct is related to discrimination or harassment, the Dean of Students will consult with the Affirmative Action Office to determine whether an affirmative action investigation is warranted. A determination by the Dean of Students will be made following consultation with the Affirmative Action Office.
- Each university may adopt policies and procedures for reviewing allegations of academic dishonesty. If the sanction imposed includes expulsion, suspension, or revocation of a degree, then the student is entitled to a hearing according to the procedures set forth in ABOR Policy 5-403D, with the following modifications: each university may develop policies to define academic dishonesty, and procedures for resolution of allegations each university may determine the composition of its academic integrity hearing boards, and has the discretion to determine the final decision-maker in matters of academic integrity.
B. Interim Action
- The Dean of Students may restrict or suspend a student for an interim period prior to the resolution of a disciplinary proceeding if the Dean becomes aware of reliable information that supports an allegation of misconduct, and determines that the continued presence of the student on the university campus or at university sponsored events poses a threat of harm or substantial disruption.
- The decision to restrict or suspend a student for an interim period will be communicated in writing to the student, and will become effective immediately as of the date of the written decision.
- A student who is restricted or suspended for an interim period will be provided an opportunity to respond to the allegations of misconduct no later than 5 days following the effective date of the interim action.
- The interim action will remain in effect until a final decision has been made on the pending charges or until the Dean determines that the reasons for imposing the interim action no longer exist.
- The Dean of Students may impose other forms of interim action, such as immediate removal from university housing or exclusion from one or more classes or other locations.
C. Review and Decision by Dean of Students
- The Dean of Students will make an initial determination as to whether there is a sufficient basis to believe that a violation of the Student Code of Conduct may have occurred. The Dean may decide to interview the complainant and other witnesses or to request additional information from the complainant.
- If the Dean determines that there is a sufficient basis to believe that a violation of the Student Code of Conduct may have occurred and chooses to pursue the violation under the student code of conduct then the Dean of Students will timely notify the student in writing of the alleged violation and will gather further information, if needed, by interviewing witnesses and reviewing documents. Prior to concluding that a student has violated the Student Code of Conduct, the Dean of Students will provide the student with an opportunity to respond to information gathered in the investigation that the dean believes supports the conclusion that the student may have violated the Student Code of Conduct. Members of the university community will be expected to comply with any request or directive issued by the Dean in connection with a disciplinary proceeding, unless compliance would result in significant personal hardship or substantial interference with normal university functions.
- A student who is charged in a Student Code of Conduct referral will be provided an opportunity to meet with the Dean of Students. Students may accept responsibility for Student Code of Conduct violations and waive their rights to procedures provided by this policy. A student who fails to attend the meeting with the Dean will forfeit his/her right to respond on his/her behalf regarding the alleged violation, unless the student can demonstrate that an extraordinary circumstance prevented his/her appearance. If the student fails to attend the meeting, the Dean may proceed as described in paragraph 6 of this subsection.
- The student will be provided with the following:
- An explanation of the charges which have been made;
- A summary of the information gathered;
- A reasonable opportunity for the student to reflect upon and respond on his/her own behalf to the charges; and
- An explanation of the applicable disciplinary procedures, including the student's right to request a hearing before a University Hearing Board if suspension, expulsion, or degree revocation is imposed.
- If necessary any further information gathered will be presented to the student and an additional opportunity to respond will be provided.
- The Dean of Students will determine whether it is more likely than not that a violation of the Student Code of Conduct has occurred and, if so, the appropriate disciplinary sanction to apply. In determining the sanction, the Dean will consider any mitigating or aggravating factors, including any prior violations of the Student Code of Conduct.
- The Dean of Students will inform the student of the decision, in writing, within 7 days of the student's last opportunity to respond. When feasible, this information will also be communicated in a face-to-face meeting.
- The written decision will include a statement of the charges, the determination, and the sanction to be imposed, if any. This decision is final, unless the student requests a hearing to review a decision to suspend, expel, or revoke a degree. The effective date of a suspension (except for interim suspension) or expulsion may be no sooner than 20 days following the date of the notice.
- If the sanction imposed includes either expulsion, suspension, or degree revocation, the student will be informed of his/her right to request a hearing before a University Hearing Board by filing a written request with the Dean of Students no later than 20 days following the date on the notice. The student may request a hearing related to the determination that a violation occurred, related to the sanctions imposed, or both.
- The filing of a timely written request for a hearing will suspend the imposition of the disciplinary sanction, except for interim suspension, pending the outcome of the hearing. If the sanction is suspension or expulsion, and the student requests a hearing, the student will not be permitted to graduate until the hearing process has been concluded. If the sanction is degree revocation, the university may refuse to release an official transcript until the hearing process has been concluded. If the student elects not to request a review of the Dean's decision, then that decision is a final decision which becomes effective immediately.
D. Review by University Hearing Board
- Purpose of the Hearing Board
- The Hearing Board is the body that conducts hearings concerning suspensions, expulsions, and degree revocations. The Hearing Board is advisory to the Provost who will make the final decision. The purpose of the Hearing Board is to formulate a recommendation to the Provost regarding the student’s appeal. This recommendation may have two parts depending on the nature of the appeal. First, the Hearing Board may make a recommendation as to whether a violation of the Student Code of Conduct was more likely than not to have been committed by the student. Second, the Hearing Board may make a recommendation as to whether the imposed sanctions should remain as imposed or should be modified if appropriate.
- Composition of the Hearing Board
- Student disciplinary hearings will be conducted by a Hearing Board composed of 5 members, including 2 students, 2 faculty members, and 1 non-faculty employee. One member, designated the Chair, will serve as the presiding officer.
- Each university will establish its own rules to govern the selection process for Hearing Board members.
- Pre-Hearing Procedures
- The Hearing Board members will be notified in writing of their selection.
- Based on the availability of Hearing Board members, the Chair will convene the Hearing Board within a reasonable time following receipt of the student’s written request for a hearing.
- The Chair will prepare and send a written notice of the hearing to the student and the Dean of Students no less than 20 days prior to the date set for the hearing. The notice will be delivered personally or by mail directed to the address furnished by the student on his/her hearing request. The notice will include:
- A statement of the date, time, location, and nature of the hearing;
- A written statement of the charges which specifies the allegations of misconduct in sufficient detail to enable the student to respond;
- Notice of the right to be assisted by an advisor, who may be an attorney;
- A copy of or link to the Student Code of Conduct and these Student Disciplinary Procedures; and
- A list of the names of all Hearing Board members, and the university address of the Chair.
- If the student cannot attend the hearing on the date scheduled for the hearing due to extraordinary circumstances, he/she must notify the hearing board Chair in writing. The Chair will determine whether to approve or deny the request to reschedule the hearing.
- No later than 5 days prior to the hearing, the parties will exchange the following information in writing:
- A list of the names and addresses of the witnesses who may be called to speak at the hearing;
- A concise summary of the anticipated statements of each witness;
- Copies of all documents to be presented at the hearing; and
- The name and title of the University Representative who will present the evidence on behalf of the university, and the name of the advisor, if any, who will be present to assist the student.
- A student may challenge the participation of any member of the Hearing Board on the grounds of personal bias by submitting a written statement to the Chair setting forth the basis for the challenge no later than 7 days prior to the hearing. The Chair will determine whether to sustain or deny the challenge. If the challenge is sustained, a replacement member will be appointed to serve on the Hearing Board. If a challenge is filed against the Chair, the President will rule on the challenge.
- Members of the university community will be expected to comply with any request or directive issued by the Chair in connection with a disciplinary proceeding, unless compliance would result in significant personal hardship or substantial interference with normal university functions.
- For good cause shown by either party, the Chair may extend the times and deadlines required by these rules.
- Conduct of the Hearing
- In order to preserve the confidential nature of the disciplinary process, and to protect the privacy interests of the student who is charged with the violation and the witnesses who may be called to testify, the hearing conducted by the Hearing Board will be closed.
- The Chair will preside at the hearing and will rule upon all procedural matters. The formal rules of evidence will not apply, although objections to the introduction of specific statements or documents may be considered by the Chair. Irrelevant, immaterial, privileged, or unduly repetitious information will be excluded. The Chair may establish reasonable limits upon the time allotted to the student and the University Representative for oral presentation and examination of witnesses.
- The University Representative will present the information that supports the charges and sanction imposed, consistent with general principles of administrative law, the University Representatives will have the burden of showing that a violation of the Student Code of Conduct was more likely than not to have been committed by the student. If the student accepts responsibility for the violation charged, then the Hearing Board may focus the hearing on the appropriate sanction. A student may request that evidence regarding the appropriate sanction not be presented until after the Hearing Board has reached a decision regarding violation of the Student Code of Conduct.
- Information regarding prior misconduct will not be used as proof of a current violation, but may be admitted for other purposes, such as to show that the student had prior experience relevant to the charge or to show that the student had previously been informed that the conduct was not acceptable. Evidence of prior misconduct may be considered by the Hearing Board in determining an appropriate sanction.
- A student who fails to appear at the hearing will be deemed to have abandoned his/her request for an appeal, unless the student can demonstrate that an extraordinary circumstance prevented his/her appearance.
- The student who is charged with the misconduct may be assisted throughout the proceeding by an advisor. If the student is represented by an attorney, the University Representative may also be represented by an attorney.
- The hearing will be recorded manually or by a recording device and will be transcribed in whole or in part on request of the student charged with the misconduct. The cost of such transcript will be paid by the student unless assessment of the cost is waived by the Provost.
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Except as otherwise permitted by the Hearing Board Chair, witnesses will be excluded from the hearing except during their own testimony. However, a victim, as defined by applicable law and provided rights to attend such hearings by law, will be permitted to attend the hearing.
The order of presentation will be as follows:
- The University Representative will present an opening statement, which summarizes what the information that has been gathered is expected to show.
- The student or his/her legal representative may present an opening statement, or may reserve it until the presentation of his/her case.
- The University Representative will call witnesses to provide statements under oath. Witnesses will be questioned by means of direct examination with no leading questions permitted. A leading question is one which suggests the desired response.
- At the conclusion of each witness's statements, he or she may be questioned by the student or his/her legal representative, at which time leading questions are permitted.
- Following the questioning by the student or his/her legal representative, the University Representative and the members of the Hearing Board may ask further questions of each witness.
- Following the testimony of all witnesses called by the University Representative, the student then presents his/her case.
- Each witness for the student is called to testify. The procedure remains the same as described above.
- Following the close of the student's presentation, the University Representative may call witnesses to refute statements made by the student or the student's witnesses. If such witnesses are called, they will be subject to the same procedure outlined above.
- Throughout the proceeding, the parties may introduce written documents or other evidence previously disclosed.
- Following the presentation of witnesses, the parties will be allowed to present closing statements which summarize the information that has been presented. The University Representative presents his/her closing statement first, followed by the student.
E. Hearing Board Deliberations and Recommendation
- Following the presentation of information and closing statements, the members of the Hearing Board will discuss the information that has been presented and the reasonable inferences to be drawn from this information prior to reaching their decision. Only the members of the hearing board and its legal advisor, if any, may be present during the deliberations.
- Based solely upon the information presented during the hearing, the Hearing Board will formulate a recommendation to the Provost and others permitted to receive this information consistent with applicable law or policy, as to whether a violation of the Student Code of Conduct was more likely than not to have been committed by the student and what the appropriate sanction should be. At least three votes are necessary to make any recommendation.
- The Hearing Board will not deliberate on the appropriate sanction unless and until it determines that a violation of the student code of conduct occurred or the student has accepted responsibility for the violation. In determining the appropriate sanction, the hearing board may consider any mitigating or aggravating circumstances.
- The Hearing Board will render its recommendation after conclusion of hearing and deliberations, and will communicate the recommendation to the student, the Dean of Students, and to the Provost in writing no later than 3 days following the conclusion of the hearing. The written recommendation will include findings of fact and a statement of the reasons for the recommendation, and will be signed by the Chair.
F. Review and Decision by Provost
- Following a review of the Hearing Board's recommendation, the Provost will render a decision which either affirms, denies or modifies the recommendation of the Hearing Board. If the Provost does not accept the recommendation of the Hearing Board, the Provost will explain any variance from the recommendation in the final decision. if the final decision does not support the student’s position, the letter from the Provost will also provide notice to the student of the right to seek judicial review pursuant to A.R.S. § 12-904. The Provost will issue a written decision no later than 20 days following receipt of the Hearing Board's recommendation, except when it becomes necessary to conduct further investigation or to remand the matter to the Hearing Board, in which case the written decision will be transmitted no later than 20 days following completion of the investigation or the subsequent recommendation of the Hearing Board. Copies of the written decision will be promptly transmitted to the parties and to all members of the Hearing Board.
G. Request for Review or Rehearing
- A student who is dissatisfied with the decision reached by the Provost may request a rehearing or review by filing a written request with the Provost no later than 15 days following the date of delivery of the written decision. The decision of the Provost is a final decision from the date it is issued, unless the student requests review or rehearing within 15 days after it is issued. a review or rehearing is not an appeal; it is an opportunity for the student to make the decision-maker aware of irregularities or illegalities in the proceedings or of significant new evidence that could not have been provided to the Hearing Board for consideration prior to decision. The request shall be based on one or more of the following grounds:
- Irregularities in the proceedings, including but not limited to any abuse of discretion or misconduct by the Hearing Board or by the Dean, which has deprived the student of a fair and impartial disciplinary process;
- Newly discovered material evidence which could not have been presented during the fact-finding or hearing process;
- Excessive severity of the sanction; or
- The decision is not reasonably justified by the evidence or is contrary to law.
- Following receipt of the student's request for review, the Provost will first determine whether the student’s request sets forth a proper ground for review or rehearing and then will make whatever review is deemed necessary to resolve the issues that have been raised.
- The Provost will respond in writing to the student's request for review or rehearing within 15 days of receipt of the request. The Provost may uphold or modify the previous decision, or grant a rehearing on the issues raised by the request. The decision of the Provost is final.
Appendix E: Interim Protocols for Student Code of Conduct Procedures Involving Allegations of Sexual Misconduct, Dating Violence, Domestic Violence, or Stalking (Employees/Students)
The Arizona Board of Regents (ABOR) Student Code of Conduct Section 5---401 directs each university to adopt Code of Conduct procedures that are consistent with applicable laws and regulations, which include Title IX and the Violence Against Women Act. The University of Arizona (UA) is committed to following all applicable laws and policies addressing allegations of sex--based discrimination. UA provides the following additional protocols for responding to and determining responsibility in all Student Code of Conduct cases that include allegations of sexual misconduct, dating violence, domestic violence, or stalking. In student conduct cases involving allegations of sexual misconduct (including sexual assault), dating violence, domestic violence, or stalking, an alleged victim who is also a student or employee of the UA (the Complainant) may participate in the conduct process as outlined in these Protocols:
- The Complainant and the student respondent are entitled to simultaneous written notification of the initiation of conduct charges, interim actions, conduct determinations and analysis, and disciplinary recommendations, modifications, and finalization.
- The Complainant has the same right as the student respondent to meet with the Dean of Students during any conduct investigation and to have an advisor of their choice present.
- The Complainant has the same right as the student respondent to timely access information that will be used during any disciplinary hearing.
- The Complainant has the same right as the student respondent to request a hearing when the Dean of Students has imposed the sanction of suspension, expulsion, or degree revocation.
- The Complainant has the right to observe a hearing and to be accompanied by an advisor of their choice regardless of whether they participate as a party by requesting a hearing.
- If the Complainant requests a hearing, then they can participate as a party at the hearing and can be accompanied by an advisor of their choice and expense, who may be an attorney.
- The Complainant and student respondent are entitled to prior notification of meetings where the other will be present.
- Any available review, appeal, or request for reconsideration process provided to the student respondent is also available to a Complainant.
* The additional protocols outlined above may be subject to change from time to time, as required by then---existing ABOR policies, and state and federal laws, rules, and guidelines.