Below is a summary of the investigation process. For a full description of the investigation process, see TAMUS Regulation 08.01.01.
Stage 1 – Intake
When the Office of Title IX Compliance receives an allegation of sex-based discrimination or harassment, the Title IX Coordinator, or a designee, will contact the Complainant and invite them to an intake meeting. At the intake meeting, a Title IX staff member will listen and document the Complainant’s concerns and explain to the Complainant their rights, resources, and options. If the Complainant requests a resolution of the allegations, the Title IX Complainant will determine whether the allegations, if true, would be a violation of Texas A&M System Regulation 08.01.01 or any other university policy. If so, the Office of Title IX Compliance will proceed with a resolution.
If a formal resolution is sought, the Title IX Coordinator, or a designee, will notify all parties that an investigation has commenced. The Respondent will also be invited to our offices for an intake meeting. After listening to the Respondent’s concerns, a Title IX staff member will provide the Respondent with information about their rights, resources, and options during the investigation and resolution process.
Stage 2 – Investigation
During the investigation phase, the investigator will gather all information and evidence relevant to the allegations. This includes interviewing the Complainant(s), Respondent(s), and Witnesses. The Investigator will also collect any relevant documentation, electronic evidence or other evidence related to the allegations.
Once the report is finalized, the investigator will forward it to the university’s Designated Administrator. In cases of alleged student misconduct, the Designated Administrator is generally the Office of Student Conduct. The report may conclude one of the following about each allegation:
- Substantiated – it is more likely than not that the alleged conduct occurred
- Unsubstantiated – it is more likely than not that the alleged conduct did not occur
- Unsubstantiated due to insufficient information – there was insufficient evidence to decide whether it is more likely than not that the alleged conduct occurred
Stage 3 – Determination
The Designated Administrator will review the report and exhibits prior to making a determination on responsibility. In cases of student misconduct, the Designated Administrator may conduct a hearing before determining responsibility. The Designated Administrator will also assign sanctions, if applicable.
In cases of student misconduct, both parties will have access to review the investigation report and exhibits prior to a decision being rendered. When an employee is accused, the Respondent may review the investigation report and exhibits after a decision has been rendered. In every case, the Complainant and Respondent will receive written notice of the Designated Administrator’s decision.
Stage 4 – Appeal
A party has five business days after the determination of responsibility to file an appeal. The bases for appeal are limited to the following:
- There is new evidence that was unknown or unavailable during the investigation that could have significantly impacted the outcome;
- There was a procedural error or omission that significantly impacted the outcome; and/or
- A party would like to contest the appropriateness or severity of the sanctions.
If an employee is found to have sexually harassed (including non-consensual sexual contact, sexual assault, sexual exploitation, stalking, dating violence, and domestic violence when based on sex) another member of the university or agency community, the third basis for appeal (appropriateness or severity of sanctions) is not available as a basis for appeal.
Appeals are reviewed by an Appellate Authority, who has had no previous involvement or participation with the investigation. The Appellate Authority may uphold or overturn previous decisions in the case.