Kathy Rodriguez wants to ensure a welcoming, supportive, equitable and safe environment for every faculty member, employee and student at UTMB.
As the director of UTMB’s new Department of Internal Investigations and Title IX Office (under the umbrella of the Office of Legal & Regulatory Affairs), Rodriguez has been busy since last August building a team to provide oversight of all equal opportunity, Title IX and internal investigation activities across the institution.
“The new department was created to centralize the whole process and eliminate the perception of bias,” said Rodriguez. “Previously, some of the internal investigation pieces were housed in HR, some in Student Affairs, with some overlap with the Office of Institutional Compliance. Now, everything related to alleged violations of equal opportunity laws, which also include sexual harassment and retaliation, will be funneled through one place. Our goal is to be an impartial resource – that’s our approach with everything we do. We also would like to resolve concerns in a prompt and equitable manner. The department has a goal of investigating concerns within 30 business days or we provide updates with an anticipated completion date.”
Rodriguez brings expertise in areas including compliance, employment law and managing internal investigations. She initially joined UTMB in 2012 as an associate legal officer, holding a dual position in the Department of Legal Affairs and the Office of Institutional Compliance.
So far, Rodriguez has recruited two investigators with HR experience to conduct investigations involving employees, and another with a legal background to focus on investigations in the Academic Enterprise, including Title IX investigations. She says everyone on her team is a “fact finder.”
“If we receive a complaint alleging a violation of the law, whether it’s unlawful retaliation, discrimination, sexual harassment or any other type of law that is intended to protect an employee or a student such as the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA), we will go through an exhaustive fact-gathering stage that includes reviewing the complaint, interviewing witnesses, getting documentation and making findings,” said Rodriguez. “At that time, we listen to all parties and receive any information that is relevant to review. Then we make a determination. The standard we use is a preponderance of evidence – a civil standard – so we must determine whether it’s more likely than not that something occurred.”
In 1972, Congress passed Title IX of the Education Amendments, which states, "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance."
While many people associate Title IX with sports, Rodriguez says athletics is only one of several key areas addressed by the law. Access to higher education programs or activities, career education, standardized testing, employment opportunities, and sexual harassment are also governed by Title IX. Title IX’s protection is extended to include students, employees, and faculty members.
“The focus lately in higher education has been targeted at sexual assault and harassment, dating and domestic violence and stalking,” said Rodriguez. “Recent guidance has been issued by the Office for Civil Rights [under the U.S. Department of Education] on how schools are expected to address sexual violence on campus, including following proper steps to investigate claims of assault. So we, along with most institutions across the country, are re-evaluating how we are looking into matters and what changes need to be made at the investigation, disciplinary and appeals levels.”
One important note she wants all employees and students to know is that they should not be afraid to speak to her office about possible violations, as there is a zero-tolerance retaliation policy.
“If someone is treated differently or if any adverse action is taken against them because they came forward, I encourage them to report it to us immediately,” said Rodriguez. “I want people to know that they are 100 percent protected by coming forward and making a complaint or participating in an investigation.”
Rodriguez hopes her office will not only investigate complaints, but will also serve as a resource. Her team has started providing education and outreach at events such as student and employee orientations – and recently held its first educational program called “Sexual Violence on the Radar” in February at Levin Hall. The program explained various requirements under the law and responsibilities that employees have for reporting violations. A video of the program will be posted on the department’s website, which is currently in development.
For more information about the Department of Internal Investigations and Title IX Office, you can contact Kathy Rodriguez at 409-747-5742 or karodrig@utmb.edu. The office has two locations:
Department of Internal Investigations and Title IX Office
Rebecca Sealy, Suite 2.302
Contact: karodrig@utmb.edu, 409-747-5742
Office Hours: 8 a.m. to 5 p.m. Monday through Friday
Title IX Office
Jamail Student Center, Suite 2.126
Contact: Title.IX@utmb.edu, 409-772-2112
Office Hours: 8 a.m. to 5 p.m. Monday through Wednesday (outside appointments available)