3.1 | Title IX, Sex-Based Misconduct and Civil Rights Adjudication Process
3.1.A | Upon receipt of a complaint, and if deemed to be a Title IX Discrimination complaint, the Office of Title IX will assign the complaint for investigation. Upon conclusion of the investigation, the investigative report and exhibits will be submitted to the Executive Director of Title IX (EDTIX) for adjudication and sanctioning considerations. The EDTIX will then assign the case to a hearing body consisting of one to three (1-3) members, also referred to as Designated Administrators (DAs). A DA is a decision-making entity who determines whether allegations of misconduct rise to the level of a violation based on the evidence provided.
3.1.B | The EDTIX will provide the final investigative report and exhibits, which may be redacted, to the parties. The Director will also provide written notice of the complainant(s) and respondent(s) which will include an acknowledgement of receipt of the complaint along with a description of the adjudication process.
3.1.C | The case will then be submitted to the selected hearing body for adjudication and resolution. Hearings will be conducted in accordance with the Formal Hearing Procedures set forth in this document, and in accordance with the TAMUs Policy 08.01.01 and university rule 08.01.01.W1.
3.1.D | The complainant(s) and respondent(s) will be informed in writing of the date, time, and location of the hearing. This information will be sent to the student's WT email address. For university-related correspondence, it is the student's responsibility to check their university email account, check it regularly, and to provide an accurate local mailing address.
3.1.E | A complainant and a respondent must have an advisor with them at a hearing. In cases in which a party does not have an advisor, the university will provide a trained advisor to assist them in the hearing process.
3.1.F | The burden of proof for the formal hearing will be based on a preponderance of the evidence, which means proof that leads a reasonable person to find that the facts in issue are more likely to have occurred than not. A determination of the facts will be based on the evidence as presented. The technical rules of evidence applicable to civil and criminal cases shall not apply.
3.1.G | Cross-examination of the complainant, respondent, and any witness may not be conducted by the opposing party but must be conducted by their advisor. Questions are to be directed to the conduct officer or hearing panel chair, who will determine whether each question will be admitted into the hearing. If a question is deemed repetitious, or non-relevant, the decision-maker(s) must explain the decision to exclude it. When parties are subject to cross-examination, the advisor may not answer on behalf of the party.
3.1.H | If a complainant or respondent is late to the hearing, the hearing body reserves the right to make the determination on participation in the hearing, the hearing body is not responsible for beginning the hearing over, recalling witnesses or re-entering any evidence into the record. If no parties participate for beginning the hearing over, recalling witnesses or re-entering any evidence into the record. If no parties participate in the hearing, a decision will be reached based on evidence gathered prior to the hearing.
3.1.I | Disorderly or disruptive behavior by any individual during the hearing process may result in remova of that individual from the hearing process, at the discretion of the hearing body and the hearing process may continue.
3.1.J | Attendance at a hearing may be in person or may be conducted through remote means, provided that all parties and the conduct officer, or hearing panel, can see and hear one another in real time during the course of the hearing.
3.1.K | If a complainant, respondent, or witness is not in attendance at a live hearing, the conduct officer or hearing panel cannot rely on the previously submitted statements of the absent party in reaching a determination, but may utilize all other evidence, including witnesses who interacted with the absent party, but not hearsay testimony of what the absent party told that individual. A complainant, respondent, or witness statement can also not be utilized in a determination if that person refuses to submit to cross-examination at a live hearing.
3.1.L | The hearing body will record the hearing and that recording remains the property of the institution. Deliberations will not be recorded. FERPA provides that when information on more than one student is contained in a single education record, each student may inspect only the information specifically related to that individual. If the recording pertains to only the requesting students, arrangements may be made to review the recording. An appointment will be required to review the recording, if applicable. Suspension/expulsion sanctions results in records being maintained permanently in the VP of Student Affairs office.
3.1.M | Upon conclusion of the hearing, a written statement of the findings, the formal action to be taken by the university, the rationale for those actions, and a description of the appeals process will be forwarded (delivered or postmarked) to both the complainant(s) and respondent(s) within ten (10) business days, as defined by the university.
3.1.N | Formal Hearings will be closed except for those directly involved in the hearing. Proceedings will not be open to the media, social media, or any form of live streaming (outside of the online hearing platform).
3.1.O | All cases involving sex-based misconduct that are not Title IX are to be investigated and adjudicated under the Title IX procedures previously stated, noting that; the process is to determine whether the allegations are substantiated and, if substantiated, created a hostile environment.