If you are looking for a UTEP Title IX lawyer after receiving a written Notice of Formal Complaint alleging sexual misconduct, the document you were given is the starting point for everything that follows. Before reading further, locate that notice. Preserve it exactly as delivered, along with the date you received it, any accompanying messages, and any evidence referenced in it. Do not delete texts, emails, or social media messages related to the allegation, even if they seem unhelpful to you.
This page provides general educational information for UTEP students and families. It is not legal advice and it does not replace a careful reading of your own notice and the applicable policy chapter.
Which Policy Applies
UTEP’s Title IX filing page points to the Handbook of Operating Procedures, Section VI, Chapter 3 as its sexual-misconduct policy. As of September 25, 2026, that chapter’s most recent approved or amended date was August 13, 2026. Policies can be revised, and the version that applies to your case can depend on when the incident happened and when your notice was issued. Check the version the university identifies for your case, including how it treats the date of the alleged conduct, rather than assuming the current webpage alone resolves that question.
Do not assume this is the same as UTEP’s general Student Conduct and Discipline chapter, and do not assume it mirrors the UT System’s model policy. Chapter 3 is written specifically for sexual-misconduct allegations and has its own procedures. Your written notice should tell you which process applies to your case. If it does not, ask the Title IX office directly.
Two Different Routes, Not One
Chapter 3 splits into two separate procedural tracks depending on what you are accused of.
Section 3.6.1, the Formal Grievance Process, applies when the alleged conduct includes Sexual Harassment as a possible policy violation. That campus-policy classification is not, by itself, proof that every allegation is within federal Title IX jurisdiction. This route has a live hearing where an advisor asks relevant questions of parties and witnesses.
Section 3.6.2, the Alternative Formal Grievance Process for Students, applies when the alleged conduct does not include Sexual Harassment but involves another prohibited form of conduct under the policy. This track uses a preliminary determination and administrative disposition process rather than the same hearing structure, and its rules for advisors and questioning are different.
These routes are not interchangeable, although Section 3.6.2 incorporates parts of Section 3.6.1 with stated exceptions. Read your notice carefully to see which section and specific provisions apply. Not every sexual-misconduct allegation is automatically a federal Title IX Sexual Harassment claim; UTEP’s policy itself distinguishes a federal Title IX dismissal from a continued investigation under university policy.
Report Versus Formal Complaint
A report to the Title IX office is not the same as a formal complaint. Reports can come from the affected student, a third party, or sometimes anonymously, though UTEP’s filing page notes that anonymous reports may limit the office’s ability to investigate or assist. A formal complaint triggers the grievance process described above, with a written notice to the respondent.
Confidential support resources are separate from reporting to the Title IX Coordinator. If you want to talk to someone before deciding how to respond, confirm which resource is confidential and which is not before you speak.
What the Written Notice Should Contain
Under UTEP’s policy, a notice of formal complaint should describe the alleged conduct, identify known parties, state the date and location if known, list possible policy violations, explain resolution options, describe how you can access evidence, and state that you are presumed not responsible. Read your notice against this list. If something is missing, that is worth raising with the Title IX office in writing.
UTEP decides responsibility using a preponderance of the evidence standard, meaning the decision-maker asks whether it is more likely than not that a violation occurred.
Evidence Review and Investigation Timing (Section 3.6.1)
Section 3.6.1 sets out three separate evidence and hearing periods:
- Parties have ten business days to inspect and respond in writing to the evidence gathered, before the investigation report is finalized.
- The completed investigation report is provided at least ten business days before any hearing.
- UTEP provides written hearing notice at least ten business days before the hearing.
These are distinct events. The report and hearing-notice periods are minimum lead times before a hearing, not extra time automatically added to the evidence-response deadline. Section 3.6.2 uses the Section 3.6.1 investigation provisions with stated exceptions, including a preliminary determination in the report. Confirm the actual response date and hearing notice for your route from your case documents.
Advisors and Hearings
You may choose an advisor for the process. The advisor does not need to be an attorney. In most stages of the process, advisors participate in a limited way rather than speaking for you throughout.
At a Section 3.6.1 live hearing, your advisor’s role includes asking relevant questions of parties and witnesses on your behalf. If you do not have an advisor for that hearing, UTEP will provide one without charge for that specific role.
At a Section 3.6.2 live hearing, the rules are different: advisors may not ask questions, and the section uses its own separate questioning procedure. Do not assume the 3.6.1 hearing rules apply if your case is proceeding under 3.6.2.
Supportive Measures and Emergency Removal
UTEP may offer supportive measures separately from any disciplinary outcome, and those measures are not a finding of responsibility. If UTEP places you on emergency removal, its policy requires an individualized safety and risk analysis and written notice. The temporary decision is not the same as a responsibility determination.
A student subject to emergency removal may challenge that removal immediately, and also has a separate written appeal window of five business days from notification of the removal decision. This clock is distinct from the appeal windows described below.
Appeals
Chapter 3 sets out several different appeal clocks. They are not interchangeable, and each has its own trigger:
- A written appeal of a hearing officer’s responsibility determination under Section 3.6.1 must be submitted within ten business days of notification of that determination.
- After an appeal is filed, the other party and UTEP have seven business days after notice of the appeal to submit responses.
- If a formal complaint that includes Sexual Harassment is dismissed, there is a separate appeal window of ten business days from the dismissal notice.
- The emergency removal appeal, noted above, is five business days from notification of removal.
Do not treat these as the same deadline. Confirm which decision you are appealing and which notice started the clock before assuming a date.
Frequently Asked Questions
Do I have to hire a lawyer for this process?
No. UTEP’s policy allows an advisor who does not need to be an attorney. Some students still choose to consult one for guidance on evidence and hearing preparation.
What if my notice does not say whether Section 3.6.1 or 3.6.2 applies?
Ask the Title IX office directly which section governs your case before assuming either set of deadlines or hearing rules applies to you.
Can I respond to the evidence before the hearing?
In the Section 3.6.1 process, yes. You have ten business days to inspect and respond in writing to the evidence gathered before the investigation report is finalized.
Is a temporary removal the same as being found responsible?
No. A temporary or emergency removal is a separate safety-based decision, not a responsibility finding, and it has its own five-business-day appeal window from notification.
What happens if the parties disagree with a Section 3.6.2 disposition?
The answer depends on the violation type. For a sexual-misconduct violation below the Sexual Harassment threshold, Section 3.6.2 says a live hearing proceeds if the parties decline to respond or do not agree by the designated deadline. For other policy violations, a hearing option is narrower and depends on the sanctions described in the administrative disposition. Check the option stated in your own notice.
Where do I send questions about my specific notice?
Contact UTEP’s Title IX office at titleix@utep.edu or (915) 747-8358, as listed on its official site, to confirm case-specific details and deadlines in writing.
Disclaimer
This page is for general educational purposes only and is not legal advice. It is not affiliated with, endorsed by, or produced on behalf of the University of Texas at El Paso. Review your own written notice and communicate directly with UTEP’s Title IX office for case-specific facts and deadlines.
If you have questions about how this information may relate to your situation, you may contact us for general guidance.
