Investigation Procedures

1. When a decision is made to forward an investigation to an investigative authority for allegations of sexual harassment, sex-based misconduct, and/or related retaliation, the Title IX Coordinator or designee will appoint two (2) investigating authorities to review the complaint/report unless circumstances warrant otherwise.
2. In all investigations and subsequent decisions, the standard used to determine the merits of the allegation(s) is the preponderance of the evidence, i.e., more likely than not.
3. The investigative authority will review the complaint and relevant documentation, interview the complainant(s), respondent(s) and witnesses (if applicable), review exculpatory and inculpatory evidence, consult with subject matter experts as appropriate, and review other available evidence or information. The past sexual history or character of an individual is not considered unless it is determined to be highly The investigative authority may also consult with appropriate management personnel, including but not limited to, the Dean of Students, the Title IX Coordinator, System Office of General Counsel, and/or the System Ethics and Compliance Office (SECO) for advice and guidance, as applicable. The investigative authority will provide a draft report on the merits of the allegations to the Office of General Counsel (OGC) for legal sufficiency review within 30 business days of receipt of the complaint.
4. OGC will provide its legal review to the investigative authority within 10 business The investigative authority will have five (5) business days to finalize the final draft of the report and submit the final draft with exhibits to the parties for review.The parties will have ten (10) business days to review the final draft and provide comments, if any, to the investigators. The investigators may or may not change the report based on the information provided by the All comments submitted will be added to the report as an exhibit.
5. The investigators will then have five (5) business days to finalize the report and provide the final report and exhibits to SECO and OGC for review.
6. If the report did not substantially change, SECO and OGC may waive their If the report substantially changed from the final draft, SECO and OGC will have five (5) business days to review the final report.
7. The investigators will then submit the final report directly to the hearing facilitator and hearing
8. The hearing facilitator will provide the final report and exhibits to the The parties will be provided at least ten (10) business days to review the final report and respond to the hearing panel (if desired) before the hearing.
9. The parties will be provided a pre-hearing conference to review the hearing process as well as to explore any available options for informal resolution.
10. Following the pre-hearing conference, the parties will be given a minimum of five (5) business days notice of any formal The notice will include the date, time, and location of the hearing, as well as instructions for those participating in hearings through online means.
11. At any time prior to the adjudication of a formal complaint, the parties may seek informal resolution to resolve the
12. The Dean of Students or designee serves as the hearing facilitator for cases where the student is a respondent(s), and the hearing panel will serve as the designated The hearing panel will consist of three (3) members of the faculty and staff. One (1) hearing panel member will serve as the chair, who will make determinations of admissibility of questions, witnesses, evidence, and other information during the hearing.
13. Following the hearing, the hearing panel will develop a draft decision and submit the draft to SECO within two (2) business
14. SECO will have a maximum of three (3) business days to provide feedback to the hearing
15. Thereafter, the hearing panel will have three (3) business days issue a decision letter to the hearing The hearing facilitator will issue the decision simultaneously to both/all parties.
16. Circumstances may warrant an extension of the time frame in this Both the complainant(s) and the respondent(s) should be notified of any extensions in writing.
17. If the respondent(s) withdraws from TAMUK before the completion of the investigation, the investigation process will continue. Additionally, TAMUK will not issue a transcript to the student until the process has finished.

Sexual Misconduct and Related Retaliation Process

The designated administrator will review the completed report from the investigative authority and act as follows:

1. If the investigative authority determines in their report that one or more of the allegations is substantiated to be a violation of the TAMUK Student Code of Conduct, including the sexual harassment and sex-based misconduct procedures, the designated administrator will notify all parties in writing of the initiation of disciplinary charges and subsequent hearing procedures to review the investigation report. The designated administrator has five (5) days after receipt of the investigative report to determine whether to pursue charges of the Student Code of Conduct. All parties will also be notified if interim measures are continued, modified or discontinued pending resolution of the case and reminded of the university’s policy against retaliation.
2. If the investigative authority determines that all allegations are unsubstantiated or there is insufficient evidence to determine whether or not the allegations are substantiated, the designated administrator will notify all parties in writing of the results of the investigation. Both parties will also be notified if interim measures are continued, modified or discontinued pending resolution of the case and reminded of the university’s policy against retaliation.

Office of the Dean of Students Oversees Hearing Process

The Dean of Students Office will oversee the hearing process originating from an investigation into a sexual harassment, sex-based misconduct and/or related retaliation reports where the respondent(s) is a student. In this capacity, the Dean of Students Office acts as a resource for administration, faculty, staff and students to promote consistency throughout the university community in adjudicating sexual harassment, sex-based misconduct and/or related retaliation cases. The Office of the Dean of Students also has the responsibility for maintaining all student hearing records related to students charged with a violation of sexual harassment, sex-based misconduct, or both.

1. Initiation of sexual harassment and/or sex-based misconduct Charges against a Student:
   If a student is charged with a violation of the sexual harassment and/or sex-based misconduct clause or other applicable provisions in the Student Code of Conduct, the respondent(s) will be notified in writing of the specific code of conduct charge(s) prior to the hearing. Both parties will be provided a copy of the investigative authority’s report with exhibits prior to the hearing. The complainant(s) will be notified when the respondent(s) is charged. Complaints involving allegations of rape, statutory rape, dating violence, domestic violence, or any case in which imminent threats of harm may exist may not be mediated or handled informally.
2. Pre-hearing Meeting for Sexual Harassment, Sex-based Misconduct and Related Retaliation Charges:
   The complainant(s) and respondent(s) will be provided a pre-hearing conference with the Dean of Student or designee. During the meeting the parties will be informed of all pending charges, rights and responsibilities, and provided with the following:
   1. A review of all due process rights and disciplinary procedures;
   2. Interim supportive measures/actions (if applicable);
   3. Notification of consequences of retaliation against either party, witnesses or any individual connected with the investigative / hearing process;
   4. An explanation of the charges which have been made;
   5. A review of the investigation report on which the charges are based;
   6. A review of informal resolution processes; and
   7. The opportunity to obtain an advisor for the hearing if the party does not already have an advisor

Sexual Misconduct and Related Retaliation Hearing Procedures

The Dean of Students Office will facilitate the hearing process. The Dean of Students Office will compile the information from the investigative authority, as well as inform all of the parties of the date, time and location for the hearing.

1. The Dean of Students Office will provide written notification of the hearing to the participants at least five (5) business days prior to the hearing.
2. Determinations during the hearing, will be made using the preponderance of the evidence standard, which asks whether it is “more likely than not” that the alleged sexual misconduct occurred.
3. The complainant(s) and/or respondent(s) are allowed to choose to participate or decline to participate in the hearing process with the understanding that the process will continue without their involvement, that the hearing panel will not consider any statements made by a party who did not answer all questions from the opposing party’s advisor at the hearing (including statements made in the investigative report), or other person who, and that the university will determine an outcome with the information available.
4. The hearing panel may not consider statements from the witnesses or other individuals (including statements in the investigative report) if those persons do not answer all questions asked by the complainant(s)’s and respondent(s)’s advisors at the hearing during their deliberations.
5. Each party must have an advisor of their choice present at the hearing. If the party does not have an advisor, the university will provide an advisor.
6. The formal hearing will be held as scheduled even in the absence of the complainant(s) or respondent(s), unless such absence is for good and sufficient cause. Note: this hearing is not a criminal proceeding. Related criminal charges are handled separately.
7. The University Sexual Harassment and Sex-based Misconduct Hearing Board will convene the hearing to conduct a review of the investigation report and exhibits arising from sexual harassment, sex-based misconduct and/or related retaliation cases.
   
   1. The purpose of the hearing will be to review the investigative authority’s written report; to work to resolve any issues with the report; provide an opportunity for the complainant(s) or respondent(s) to direct their advisors to ask investigators, witnesses, the opposing party, and other persons involved in the investigation material questions; to provide the complainant(s) and respondent(s) an opportunity to answer questions and offer rebuttal or support of the completed report; to clarify any questions the board may have about the incident and report; and to deliberate on the outcome and sanctions (if a student is found responsible).
   2. Any evidence submitted during the hearing review in rebuttal to or in support of the investigation report must be material and relevant to the issue under consideration as determined by the chair of the hearing board, and may be accepted or rejected by the hearing board.
8. After the review phase of the hearing is concluded, members of the hearing board will deliberate on the charges in closed session. Determination of responsibility will be made on the basis of a preponderance of the evidence. As a result of the hearing, the Sexual Misconduct Hearing Board may take one of the following actions:
   
   
   1. The respondent(s) may be found not responsible for a violation of the sexual harassment, sex-based misconduct and any other applicable charge(s). If the respondent(s) is not found responsible, then the deliberations conclude. While no sanctions are imposed, the Designated Administrator may determine if specific interim supportive measures should continue in place and notify all parties.
   2. The student may be found responsible for a violation of the sexual harassment, sex-based misconduct or any other applicable charge(s). If the respondent(s) is found responsible for one or more violations of the Student Code of Conduct, the hearing board will discuss sanctions for the student after being informed of the student’s conduct status with the University. In all cases, (except in cases of permanent expulsion) a pairing of inactive and active sanctions that address all desired learning outcomes will be assigned. All active sanctions will have written reflection components assigned to them that are included in the student’s conduct record.
   3. Sanctions may have educational, restorative, and rehabilitative components for students. In addition, employee sanctions may have punitive components. Examples of sanctions may include, but are not limited to, written warning or reprimand, required training and/or counseling, “no contact” order, probation, suspension, and employment dismissal and/or expulsion form an educational institution. For students, expulsion is a disciplinary action taken to teach them that their actions and conduct have consequences, which include ineligibility to continue as a member of the educational community.
      
      1. Students found responsible for committing acts of sex-based violence and/or non-consensual sexual penetration of another person will be subject to a minimum sanction of one-year suspension, in the absence of significant mitigating factors.
      2. Students found responsible for committing acts of sex-based violence and/or non-consensual sexual penetration and have demonstrated predation to carry out these acts will be subject to permanent expulsion.
      3. For other sex-based student conduct violations, the university has established the minimum sanction guidelines listed below: