1. Definitions

“May” is used to indicate the permissive sense in this Code.

“Shall,” “will,” and “must” are used to indicate the imperative sense in this Code.

“They,” “their,” and “them” will be used to indicate both the singular and plural gender-neutral pronoun.

“University” means Texas Christian University in this Code of Student Conduct.

The Code of Student Conduct is the rule structure that outlines the rights and responsibilities of TCU students. It also contains the procedures for reporting student misconduct, the conduct process for alleged student misconduct, and possible consequences for student misconduct.

“Policy” means the written regulations of the University, as found in, but not limited to, this Code; the Academic Conduct Policy Details;  Alcohol Use Policy; Community Standards Policy; Drug Use Policy;   Prohibited Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy (Policy 1.008); Responding to Reports of Prohibited Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy (Policy 1.009); and all other rules and regulations found at http://deanofstudents.tcu.edu/student-handbook and in the Undergraduate and Graduate Catalogs.

All students are subject to the terms and conditions outlined in the Code, including the procedures and conduct measures set forth herein. The term “student” includes all persons who:

1. Are registered for and/or taking one or more courses, either credit or non-credit, full-time or part-time at TCU;
2. Withdraw, transfer, or graduate after an alleged violation of the Code, even if the conduct process is not complete;
3. Have a continuing relationship with the University;
4. Are living in university housing; or
5. Have been notified of their acceptance for admission, or after a period of non-attendance, approval for re-enrollment.

Faculty member includes any person who is employed by the University to conduct classroom or teaching activities or who is otherwise considered by the University to be a member of its faculty.

University official includes any person employed by the University, performing assigned administrative or professional responsibilities.

The University community includes anyone who has a legitimate role on campus including students, faculty members, University officials, and family members of the aforementioned people. The university community also includes vendors, contractors, and members of the surrounding community who are on campus to participate in educational, cultural, or athletic events sponsored by the University and open to the public.

The university premises includes all land, buildings, facilities, and other property in the possession of, or owned, used routinely, or controlled by, the University, including all adjacent streets and sidewalks.

Reporting Party means a student, faculty member, or university official who submits a Report alleging that a student violated the Code. The Reporting Party may include the University, acting by and through a University official or faculty member, or a University official or faculty member, acting individually. When a student believes that they have been a victim of another student’s misconduct, the student who believes they have been a victim will have the same rights and status under this Code as are provided to the Reporting Party, even if 1) another member of the University community submitted the Report itself or 2) the University serves as the Reporting Party when resolving a Report of prohibited conduct. Individuals who are not students, faculty members, or University officials may report alleged Code violations, however these external individuals are not afforded the rights and status of a Reporting Party under the Code.

Responding Student means any student against whom an allegation of violating the Code is made.

Complainant refers to 1) any student, faculty member, university official, or other individuals who may, but is not required to also be the Reporting Party, and who is participating in or attempting to participate in a University-related education program or activity within the United States, and believes they may have been the target of conduct that may have violated the University’s Prohibited Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy (Policy 1.008), or 2) the University Title IX Coordinator, who signs or files a formal Complaint, which includes allegations of sexual violence, harassment, and discrimination; dating or domestic violence; stalking; or retaliation under section 3.2.16, as defined by federal Title IX law, against a Responding Student.

An individual selected by a Complainant, Respondent, Reporting Party, or witness to act as their support person during the conduct process, who may be present during all conduct interviews, meetings, hearings, and/or alternative dispute resolution processes. An advisor may be any person, including but not limited to, a parent, friend, any other University student, or University faculty or staff member except such individuals that the Dean of Students determines to hold actual or perceived bias and/or a potential conflict of interest. Advisors are not permitted to actively participate, speak, or represent the Complainant, Respondent, Reporting Party, or witness in any way during the conduct process, except during Title IX Conduct Panel hearings. An advisor will serve as an active participant in a Title IX Conduct Panel hearing by asking questions of the party they support, the other party, and any witnesses involved in the Title IX Conduct Panel hearing, however the advisor may not speak for the party they support.

A University Conduct Officer is a Student Affairs staff member empowered to provide overall direction for the University student conduct system. University Conduct Officers are also empowered to receive and determine whether a student has violated the non-academic prohibited conduct provisions of the Code as a Student Conduct Administrator.

A Student Affairs staff member empowered to receive and determine whether a student has violated non-academic prohibited conduct provisions of the Code including and under the general direction of the University Conduct Officers. This may include, but is not limited to, the Dean of Students, University Housing and Residence Life, and Fraternity and Sorority Life staff.

A trained faculty member, University official, or student empowered by a University Conduct Officer to negotiate the resolution of student-to-student conflict which may arise from allegations of non-academic prohibited conduct, as defined by the Code, through mediation as outlined in section 5.6.

A trained faculty member, University official, or student empowered by a University Conduct Officer to facilitate the resolution of student-to-student conflict which may arise from allegations of non-academic prohibited conduct, as defined by the Code, through a RJC as outlined in section 5.6.

A group composed of three (3) to five (5) trained faculty members and University officials, including one Conduct Panel chair, and when available, at least one (1) trained student, operating under the auspices of the Student Conduct and Grievance Committee, empowered by the University Conduct Officers to receive and determine whether a student has violated non-academic prohibited conduct provisions of the Code, including an outcome determination, or an appeal of a decision made by a Student Conduct Administrator, a University Conduct Officer, or their designee. The Responding Student reserves the right to request that no student serve on the Conduct Panel hearing their alleged Code violation or appeal of a prior misconduct determination.  Conduct Panels in Title IX conduct cases will not include a student panelist and may include an appointed panel chair and/or panelists who are not members of the TCU community.

A non-participating and non-voting Dean of Students staff member who facilitates Conduct Panels. For some Title IX cases, more than one Procedural Chair may be present to assist with the hearing process. The Procedural Chair will serve as the designated Campus Security Authority during all panel hearings. Therefore, should any reportable information be shared during a Conduct Panel, the Procedural Chair will notify the Office of Institutional Equity at the conclusion of the hearing on behalf of all TCU employees present. For any information shared pertaining to a Clery reportable crime, the Procedural Chair will report the information directly to the TCU Police Department on behalf of all TCU employees present.

An informal conference composed of a University Conduct Officer, a Student Conduct Administrator, or their designee and the Responding Student to receive information related to the reported misconduct and determine whether the student violated non-academic prohibited conduct provisions of the Code. This informal conference is provided to encourage intentional and educational dialogue with the Responding Student and as an alternative to a Peer Conduct board or Conduct Panel.

A conduct board composed of fifteen (15) to thirty (30) students and at least  one (1) Student Conduct Administrator, who is a member of the University Housing and Residence Life or Fraternity and Sorority Life staff, which sits in panels of at least three (3) members, including one student PCB chair, and is empowered to determine:

A. Alleged alcohol violations not issued by TCU Police, as provided in the Alcohol Use Policy and/or listed in section 3.2.11, and

B. University Facility Standards violations listed in section 3.3, as applicable, issued within on-campus University housing facilities, and

C. Appeals of alleged alcohol violations not issued by TCU Police and University Facility Standards violations, as applicable, issued within on-campus University housing facilities initially determined by Student Conduct Administrator, who is a member of the University Housing and Residence Life or Fraternity and Sorority Life staff.

PCB members are selected through an application process by University Housing and Residence Life or Fraternity and Sorority Life staff and serve a term of one (1) year. Students may be selected to serve on the PCB for more than one term.

Additionally, members of PCB may serve 1) as a mediator, as provided in section 1.17; 2) as an RJC facilitator, as provided in section 1.18; 3) as a as a trained student member of a formal Conduct Panel, as provided in section 1.19; and 4) as an advisor to a student during the investigation and resolution and/or outcome phase of the conduct process. PCB members may serve in these additional roles as long as their involvement presents no bias-related concerns for the resolution of the conduct matter and there is no objection by the involved parties.

Committee composed of three (3) faculty members, one (1) University official, and five (5) students that considers matters of policy on problems referred by Student Affairs officials and investigates problems called to its attention by faculty members, University officials, and others in areas of student conduct, other than academic, as specified in the TCU Faculty and Staff Handbook. Faculty and University official committee members are appointed by the University Faculty Senate and Staff Assembly, respectively, and are approved by the University Chancellor for a term of three (3) years. Student committee members are appointed by the University Student Government Association, and are approved by the University Chancellor for a term of one (1) year.

Day means any regular academic day when the University is open. Except in Title IX conduct cases, the conduct process may be placed on hold during the winter break or summer months until the next regular, long academic term, at the discretion of a University Conduct Officer or their designee, unless the Respondent is enrolled in the winter intersession or summer courses. Every attempt will be made to promote the resolution of Title IX conduct cases during the winter break and summer months; however, should scheduling conflicts or other barriers arise, the Title IX conduct process may be paused until the next regular, long academic term, at the discretion of a University Conduct Officer or their designee, and with the approval of the Title IX Coordinator or their designee.

Report means making a claim of student behavior or actions, including police and hall reports, which allegedly violates the Code, to a University official or faculty member.

Complaint means a formal allegation of a Code violation against a Responding Student by a University Conduct Officer, the Office of Institutional Equity, the Title IX Coordinator, or their designee.

Outcome means a disciplinary and/or educational penalty imposed on a Responding Student for violating the Code.

Interim measures are conditions, supportive measures, restrictions, and/or requirement provided to restore and/or preserve equal educational access of all parties; protect all parties during an investigation; deter sexual harassment or other prohibited conduct; address safety and well-being concerns of all parties and for the broader TCU community and/or property; maintain the integrity of the investigation and/or resolution process; and deter retaliation until the reported misconduct is resolved through the conduct process and any resulting appeal, as prescribed in the Code.

Remedies must be conditions, measures, restrictions, and/or requirements designed to restore and/or preserve a Complainant’s equal educational access in Title IX conduct cases when a Responding Student is found responsible.  Remedies may include supportive measures, but need not be non-disciplinary or non-punitive, and need not avoid burdening the Responding Student. Appropriate remedies are designed and monitored by the University Title IX Coordinator in collaboration with the Complainant, as provided in the University’s Responding to Reports of Prohibited Discrimination, Harassment, Sexual Misconduct, and Retaliation Policy (Policy 1.009).

A student is considered ineligible to reenroll at TCU when, as a result of violating the Code, the student is suspended or expelled, or when an enrollment hold is placed on a Responding Student’s account. When suspended, the student remains ineligible to reenroll throughout the duration of the suspension.