UAB Title IX Lawyer: A Student Respondent Guide to UAB’s Process

Students who search for a UAB Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how the University of Alabama at Birmingham (UAB) handles a sexual harassment complaint against a student under its posted documents. UAB is a separate university from The University of Alabama in Tuscaloosa, with its own Title IX Office, policy, and procedures; this page covers UAB only. Your own notice, and the policy version that applies to your case, control the actual deadlines.

Which policy applies

UAB’s Title IX Office policy page links three documents in UAB’s public policy library, each listed as effective October 1, 2024:

• the Title IX Policy, which defines prohibited conduct, reporting, supportive measures, and advisors;
• the Title IX Procedures for the Resolution of Sexual Harassment Complaints, which set the investigation, hearing, and appeal steps; and
• the Procedures for the Resolution of Sex Discrimination Complaints (Non-Harassment).

A formal complaint of sexual harassment against a student goes through the sexual harassment procedures. Sexual harassment in the policy includes quid pro quo harassment by an employee, hostile environment harassment, and specific offenses such as non-consensual sexual intercourse, non-consensual sexual contact, sexual exploitation, dating violence, domestic violence, and stalking. A complaint that mixes harassment with other sex discrimination also goes through the sexual harassment procedures.

UAB’s Student Handbook, on the current 2026-2027 catalog site, still posts an older "Title IX Sexual Violence and Sexual Misconduct Policy" and older student procedures. That older version uses a different process, with an investigator’s finding, a hearing panel only if a party asks, and different deadlines and appeal grounds. The Title IX Office links only the 2024 documents, and neither version says which one applies to an incident before October 1, 2024. The version that applies to you can depend on your incident date and your notice date, so follow your notice and confirm it with the Title IX Office.

Conduct that falls outside the Title IX policy, or allegations that are dismissed, may still be handled under other UAB policies, including the Student Conduct Code. The procedures also let the Title IX Office investigate related non-Title IX allegations that arise from the same facts alongside the Title IX allegations, using the other policy’s definitions. Check your notice to see which policies and procedures are named.

Where the UA System board fits

UAB is part of The University of Alabama System. The System’s Board Rule 203 says the Board "delegates responsibility for supervision of students to the respective campus Presidents, which the President may then delegate to others." The Board rule does not set Title IX steps, deadlines, or a board-level appeal for students. UAB’s own documents, described below, supply those rules.

Report vs. formal complaint

Anyone can make a report of prohibited conduct to the Title IX Coordinator or a deputy coordinator, in person, by mail, by phone, or by e-mail, and reports may be anonymous. UAB "does not, however, limit the time frame for making a Report or filing a Formal Complaint."

A formal complaint is an official document filed by the complainant with the Title IX Coordinator, or signed by the Coordinator, that alleges prohibited conduct and asks UAB to investigate and resolve it. A formal complaint cannot be anonymous unless the Coordinator files it. The Coordinator can file one when it "would be clearly unreasonable in light of known circumstances not to address the Formal Complaint." The policy says signing a complaint does not place the Coordinator in a position adverse to the respondent. A Title IX investigation does not begin unless a formal complaint is filed and not dismissed.

Early steps after notice

The Title IX Coordinator first does an initial assessment to decide whether the conduct could violate the policy and whether a formal complaint must or may be dismissed. The 2024 procedures set no day count for this step.

If an investigation goes ahead, you receive a written Notice of Investigation, which is the formal charge. It describes the alleged conduct, the parties, the policy sections, and the date and location. It states that you are presumed not responsible until a determination is made at the end of the process, describes the range of potential violations "(up to and including expulsion and/or termination)," and lists your rights, including the right to an advisor of your choice who may be an attorney. The notice "must allow the Respondent sufficient time to prepare a response before any initial interview."

A few other points from the policy and procedures:

• You are not required to make a statement, but the investigation may continue and a decision will be made on the available evidence.
• UAB will "seek to conclude the investigation within sixty (60) business days from the issuance of the Notice of Investigation." That is a school target, and extensions and their reasons are shared in writing.
• The standard at every stage is preponderance of the evidence, meaning more likely than not.
• A criminal case is separate. UAB may delay fact-finding temporarily while police gather evidence, or defer at law enforcement’s request, and a criminal outcome does not decide the Title IX question.
• If you believe an investigator or other decision maker has a conflict of interest or bias, the policy says to object to the Title IX Coordinator within five (5) business days of becoming aware of it. An objection to a Hearing Officer must be made before the scheduled hearing. An objection about the Title IX Coordinator goes to a deputy coordinator and must be made before a determination on responsibility.
• A materially false statement made in bad faith during an investigation or hearing violates the policy. You may talk with witnesses, but witness tampering and intimidation are prohibited.

The procedures say "business days" do not include weekends or UAB-designated holidays. That definition applies to the procedures’ own deadlines. The Student Conduct Code uses its own units, including working days, for Code steps.

Dismissal and dismissal appeals

The Title IX Coordinator must dismiss a formal complaint if the conduct would not be sexual harassment even if proved, did not occur in UAB’s education program or activity, or did not occur against a person in the United States. The Coordinator may dismiss if the complainant withdraws in writing, the respondent is no longer enrolled or employed by UAB, or specific circumstances prevent UAB from gathering enough evidence to reach a determination. Both parties get written notice of the dismissal and the reasons. A dismissal does not stop UAB from addressing the conduct under other policies, including the Student Conduct Code.

Either party may appeal a dismissal. The 2024 procedures use the same short window as other appeals, three (3) business days following delivery of the dismissal notice (see Appeals below). Use the deadline in your own dismissal notice and confirm it with the Title IX Office.

Investigation and evidence

One or more trained investigators, who may be UAB employees or outside investigators, interview the parties and willing witnesses separately and gather documents, messages, and social media. Investigations involving students may include help from the Office of Community Standards and Student Accountability. You can identify witnesses, including fact and expert witnesses, and submit evidence. Neither party is required to participate, and the Hearing Officer will not draw an adverse inference merely because a party chose not to.

At the end of the investigation, both parties and their advisors get electronic access to the evidence directly related to the allegations, including evidence UAB does not intend to rely on, and a Draft Investigation Report. Before getting access, you and your advisor must sign and agree to the UAB Title IX Commitment to Privacy. You then have ten (10) business days from receiving the evidence and draft report to submit more evidence, comments, or witnesses. Information you could have found with due diligence but did not provide in that window will not be considered, absent good cause.

The Final Investigation Report goes to both parties at least ten (10) business days before the hearing. Any written response to it is due to the Title IX Coordinator within five (5) business days of its transmission. You may also submit an optional written impact statement, received no later than five (5) business days after you receive the final report; it is used only for sanctions, not for deciding responsibility.

Privileged treatment records cannot be used without the holder’s waiver. Evidence of the complainant’s sexual history is not relevant except in two narrow situations the procedures describe.

Advisor and hearing

You may be accompanied by one advisor for all meetings and proceedings. The advisor may be a lawyer, but the procedures limit the role: during the investigation an advisor may not speak or communicate with investigators on your behalf, and an advisor who does not follow the rules may be dismissed. Any fees are your responsibility. UAB may go ahead with a meeting or interview even if your chosen advisor is unavailable.

A single trained Hearing Officer, appointed by the Title IX Coordinator, decides whether you violated the policy and, if so, the sanction. Timing under the 2024 procedures:

• The Notice of Hearing gives the date, time, location, the Hearing Officer’s name, and how to challenge the Hearing Officer for bias or conflict. The hearing is usually scheduled within fifteen (15) business days of the notice, subject to extension for good cause.
• Tell the Title IX Coordinator at least ten (10) business days before the hearing if you will have an advisor. If you do not have one, UAB will assign an advisor of its choice at no charge.
• Your witness list, and any materials you want the Hearing Officer to consider, are due at least four (4) business days before the hearing. Both parties get the witness lists and materials at least three (3) business days before the hearing.
• Evidence you did not give the investigator is allowed only at the Hearing Officer’s discretion, generally only if it was not reasonably available during the investigation.

At the hearing, each party may give opening and closing statements; the complainant opens first and the respondent gives the final closing statement. Each party and all witnesses, including the investigators, are subject to cross-examination by the advisors. That questioning "must be conducted directly, orally, and in real time by the party’s advisor and never by the parties personally." The Hearing Officer rules on whether each question is relevant and must explain any exclusion. At either party’s request, the whole hearing is held with the parties in separate rooms, using technology so they can see and hear each other.

The hearing can go ahead if a party does not attend, and a party’s advisor may still appear and cross-examine. The Hearing Officer "cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions."

A transcript is available for the parties to review within twenty-one (21) business days after the hearing. The Hearing Officer sends both parties a Hearing Outcome Letter no later than seven (7) business days after the hearing, or later if the Title IX Coordinator finds good cause. The decision is not final, and sanctions are not imposed, until the appeal process ends or the appeal deadline passes with no appeal.

Sanctions

Sanctions for a student found responsible can include a formal written warning, probation, suspension, expulsion, housing reassignment or removal, and additional sanctions such as campus or activity bans, a no-contact order, assessments, community service, or removal from an athletic team and loss of an athletic scholarship. Suspension appears on the permanent academic record until the suspension ends; expulsion is permanent separation and appears on the permanent academic record. The Hearing Officer considers factors such as risk to others, the impact on the complainant and the community, and whether the respondent accepted responsibility.

If a student respondent voluntarily withdraws while a formal complaint is pending, the procedures say readmission will be considered only after the charges are resolved. The Student Conduct Code separately places a conduct hold on a student who leaves before a matter is resolved, blocking future enrollment until it is resolved.

Informal voluntary resolution

Informal voluntary resolution is available only after a formal complaint is filed and both parties agree in writing. You do not have to accept responsibility to take part. UAB first gives written notice of the allegations, the requirements, and the consequences, and any party may withdraw before agreeing to a resolution. It may include restorative approaches or mediation, and UAB aims to finish within sixty (60) business days of the request. It is not used where an employee is alleged to have harassed a student. Information shared during it is not considered in a later investigation or hearing. An agreement cannot be appealed and ends the grievance process on those allegations. A respondent who wants to accept responsibility before a determination is treated as asking for informal voluntary resolution, which needs the complainant’s consent.

Supportive measures

Supportive measures are non-disciplinary, non-punitive, and free, and they are available to both the complainant and the respondent, with or without a formal complaint. The policy says supportive measures "cannot punish or discipline the Respondent." Examples in the policy include no-contact orders, deadline extensions, rescheduling exams and assignments, class schedule changes, housing changes, leaves of absence, academic support, and a safety escort. Requests go to the Title IX Coordinator, and disability accommodations for the process go through Disability Support Services or the AWARE Program. Failing to follow a restriction imposed as a supportive measure is itself a policy violation.

Emergency removal and interim action

UAB has two separate removal tools, with different decision makers and different windows:

• Emergency removal (Title IX procedures): after an individualized safety and risk analysis, the Title IX Coordinator can remove a student respondent who may pose an imminent threat to someone’s physical health or safety arising from the allegations. Removal generally means no campus access, classes, or University activities, though it can be partial, such as removal from housing or a team. The notice goes to your University e-mail. You may request a review by the Vice President of Student Affairs or designee, in writing, "within five (5) business days from the date of the Emergency Removal notification." The review takes place within three (3) business days of the request, you may have an advisor present, and there is no further appeal from the review decision. The removal stays in effect during the investigation, hearing, and appeal.
• Interim action (Student Conduct Code): the Vice President of Student Affairs or designee can impose an interim suspension, eviction, or restriction pending conduct proceedings. The student may appear before the Director of Student Conduct or designee "within five (5) working days from the effective date of the suspension or eviction."

Follow the steps in your own removal notice and confirm the deadline with the Title IX Office.

Appeals

Under the 2024 procedures, either party may appeal a dismissal or the Hearing Officer’s decision on responsibility and sanctions. Student appeals go to the Vice President of Student Affairs or designee. The grounds are limited to:

• a procedural irregularity that materially affected the outcome;
• new evidence that was not reasonably available at the time of the determination or dismissal and could affect the outcome;
• a conflict of interest or bias by the Title IX Coordinator, investigator, or Hearing Officer that affected the outcome; or
• a sanction that is too severe or too lenient.

The window is short. The 2024 procedures say "Written requests for appeal must be submitted within three (3) business days following delivery of the notice of the dismissal and/or outcome." The other party may respond within three (3) business days following delivery of the notice of the written appeal. The appealing party carries the burden, an appeal is not a rehearing, and the Appeals Officer defers to the original decision, changing findings only for clear error. The written decision comes no later than fifteen (15) business days after all written responses are received. If an outcome appeal is granted, the Appeals Officer may send the case back to the Hearing Officer, whose reconsidered decision is then final, or may modify the decision or sanction. If an appeal is denied, the original decision stands as final.

The older Student Handbook procedures describe a different appeal: in writing to the Title IX Coordinator within five (5) business days of the Notice of Hearing Outcome, on two grounds only. Cases under the Student Conduct Code have their own appeal route, starting with a letter to the Office of Student Conduct within five (5) working days. Use the deadline and route in your own notice and confirm which applies.

FAQ

Is this the same process as The University of Alabama in Tuscaloosa?
No. UAB and The University of Alabama are separate campuses of The University of Alabama System, and each has its own Title IX Office, policy, and procedures. This page describes UAB’s documents only.

Can my advisor be a lawyer?
Yes. The policy says parties may choose, but are not required, to have an attorney as their advisor. The procedures limit what an advisor may do, and at the hearing the advisor conducts cross-examination for you. If you have no advisor for the hearing, UAB assigns one at no charge.

How long do I have to respond to the evidence?
The 2024 procedures give ten (10) business days from receiving the evidence and draft report to submit more evidence or comments, and five (5) business days from transmission of the final report to respond in writing.

What if I do not attend the hearing?
The hearing can go ahead without you, and your advisor may still cross-examine. The Hearing Officer cannot draw an inference based solely on your absence or refusal to answer questions.

Does the UA System Board of Trustees hear appeals?
Board Rule 203 leaves student discipline to the campus president and does not set a board-level appeal. The 2024 procedures say the appeal is final under the Title IX policy and procedures, but that a respondent may have additional rights under separate policies and procedures.

More guides for Alabama schools: Alabama Title IX lawyer.

Disclaimer

This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by the University of Alabama at Birmingham or The University of Alabama System. Policies change, so confirm every deadline against your own notice and the currently posted documents, and with UAB’s Title IX Office.

Sources

• UAB Title IX Policy (UAB policy library)
• UAB Title IX Procedures for the Resolution of Sexual Harassment Complaints (UAB policy library)
• UAB Title IX Office: Title IX Policy page
• UAB Student Conduct Code (Student Handbook)
• UAB Student Handbook: older Title IX Sexual Violence and Sexual Misconduct Policy
• The University of Alabama System Board Manual: 200 Series, Students