5.2. Report Investigations
5.2.1 Investigations and written notice of Reports of alleged behavior involving violations of Policy 1.008, as provided in section 3.2.16, shall be handled by the Office of Institutional Equity according to Policy 1.009. During the Office of Institutional Equity investigation, the Responding Student and Complainant will be given the opportunity to individually meet with the investigator, to identify witnesses for the investigator to interview, to provide the investigator information from those witnesses, and to provide other relevant information to the investigator, as provided in Policy 1.009. If the Office of Institutional Equity discover additional conduct that may violate this Code while completing an investigation, the Office of Institutional Equity will refer the matter to the Dean of Students office for consideration of other violations of the Code as specified in section 5.1.1.c.iii.
5.2.2 A Report brought to the attention of the University Housing and Residence Life, Fraternity and Sorority Life, or the Dean of Students staff alleging misconduct may be investigated by the respective office, except as provided in section 2.1. Allegations will be directed to the appropriate Student Conduct Administrator. Upon receipt of a Report, the assigned Student Conduct Administrator may initiate an investigation to determine if the Report has merit and/or if it can be resolved through alternative dispute resolution acceptable to a University Conduct Officer and with the mutual consent of the Student Conduct Administrator, Reporting Party/ reported harmed party, and Respondent.
5.2.3 Written notice of all Reports of alleged behavior in violation of the Code, except as provided in section 5.2.1, shall be given to the Responding Student within fourteen (14) days of the receipt of the Report by the assigned Student Conduct Administrator with a request to schedule an investigation interview with the Responding Student. Maximum time limits for notifying a Responding Student of reported behavior in violation of this Code may be extended at the discretion of the assigned Student Conduct Administrator. Should a Responding Student fail to reply to a request by a Student Conduct Administrator to schedule an investigation interview, or fail to attend a scheduled investigation interview, the Student Conduct Administrator may, at their discretion, take one or more of the following actions within five (5) days:
a. Request a University Conduct Officer or their designee place a “Dean of Students Office” hold on the student’s academic records, which will prevent the student from adding, as well as pre-registering for academic courses, pending their participation in the investigation; and/or
b. Schedule a Conduct Discussion with a Student Conduct Administrator, or a hearing with the PCB or a formal Conduct Panel, as appropriate.
The Student Conduct Administrator may take one or both of the actions listed above after attempting to communicate with the student at least two times, one of which must be in writing.
When the reported misconduct may result in the suspension or expulsion of the Responding Student, the assigned Student Conduct Administrator will schedule and complete an informal Conduct Discussion with a Student Conduct Administrator or a formal hearing with a Conduct Panel, even in the Responding Student’s absence, as required by Texas law.
5.2.4 Investigations and resolution of Reports involving reported section 3.2.16 misconduct, as provided in Policy 1.008, will be handled in a prompt manner with an informal Conduct Discussion, a formal Conduct Panel hearing, Title IX Conduct Panel hearing, or alternative dispute resolution not more than ninety (90) days after the Responding Student has been notified in writing of the reported misconduct by either the Office of Institutional Equity or the Dean of Students. Investigations and resolution of all other reported misconduct in violation of the Code will be undertaken in a prompt manner; a date and time shall be set for an informal Conduct Discussion, PCB hearing, formal Conduct Panel hearing, or alternative dispute resolution process not more than thirty (30) days after the Responding Student has been notified of the Maximum time limits for scheduling an informal Conduct Discussion, PCB hearing, formal Conduct Panel hearing, Title IX Conduct Panel hearing, or alternative dispute resolution process may be extended at the discretion of a University Conduct Officer, Student Conduct Administrator, the Office of Institutional Equity, and/or the Title IX Coordinator, or their designee, as appropriate.
5.2.5 Students are not permitted to record investigation interviews.
5.2.6 If at any time during a conduct investigation, including an investigation conducted by OIE, as provided in Policy 1.009, additional conduct that may violate this Code is discovered by the investigator, the Dean of Students may handle the new, potential violations of this Code as a separate conduct matter or include the new, potential violations in the pending case under investigation without requiring new notice of these additional allegations by OIE or the Dean of Students.