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5.3. Conduct Resolution Procedures, Rights, and Duties

5.3.1 Responding Students who provide University Housing and Residence Life, Fraternity and Sorority Life, or the Dean of Students staff with a copy of their accommodations letter from the University’s Student Access and Accommodation Office will be afforded any applicable accommodations to meet their individualized needs while participating in the conduct process.

5.3.2 The Responding Student may have a person present to advise them in all conduct interviews, meetings, hearings, and/or alternative dispute resolution processes, at their own expense. If a student selects an attorney as their advisor, the student must provide the assigned Student Conduct Administrator, or their designee, at least twenty-four (24) hours of notice before any conduct interview, meeting, hearing, and/or alternative dispute resolution process. Except during Title IX Conduct Panel hearings, as provided in section 5.7, the advisor may only counsel the student but cannot actively participate, speak, or represent the Responding Student in any way during the interview, meeting, hearing, or alternative dispute resolution process, unless clarification is needed, as determined by the Student Conduct Administrator, PCB or formal Conduct Panel chair, or designated mediator or RJC facilitator, as applicable. A student should select a person as an advisor whose schedule allows attendance at the scheduled date and time for the interview, informal Conduct Discussion; PCB, formal Conduct Panel, or Title IX Conduct Panel hearing, or alternative dispute resolution process because delays will not normally be allowed due to the scheduling conflicts of an advisor, except during Title IX Conduct Panel hearings, as provided in section 5.7.8.

5.3.3 At the discretion of the assigned Student Conduct Administrator, witnesses may also have one advisor present at a witness interview with the Student Conduct Administrator during the interview or a hearing, at their own expense. If a witness selects an attorney as their advisor, the witness must provide the assigned Student Conduct Administrator at least twenty-four (24) hours of notice before any witness interview. The advisor of the witness cannot actively participate or speak in the interview or hearing and may only speak to the witness. The witness should select a person as an advisor whose schedule allows attendance at the scheduled date and time for the witness interview or hearing because delays will not normally be allowed due to the scheduling conflicts of an advisor.

5.3.4 Conduct investigation interviews and informal Conduct Discussions with a Student Conduct Administrator; hearings before a PCB, formal Conduct Panel, or a Title IX Conduct Panel; and mediations with a designated mediator are conducted in private and restricted to those directly involved in the proceeding. RJCs, as outlined in section 5.6, may include members of the TCU community, as determined by the designated RJC facilitator. Admission of any person to an investigation interview, conference, hearing, and/or alternative dispute resolution process shall be at the discretion of the Student Conduct Administrator, PCB or formal Conduct Panel chair, and/or designated mediator or RJC facilitator, as applicable. The Student Conduct Administrator, PCB or formal Conduct Panel chair, and/or designated mediator or RJC facilitator may take reasonable measures to ensure an orderly process, including removal of persons who impede or disrupt proceedings. University officials and faculty members in training may attend interviews, conferences, hearings, or alternative dispute resolution processes at the discretion of the assigned Student Conduct Administrator.

5.3.5 Pertinent records, exhibits, and written statements may be accepted as information for consideration by the Student Conduct Administrator, PCB, formal Conduct Panel, or designated mediator or RJC facilitator at their discretion, as applicable. Polygraph examinations and results are generally irrelevant and at no time admissible during any PCB or panel hearings. Only the materials gathered during the Office of Institutional Equity investigation, including materials and information obtained from the Responding Student and Complainant, can be considered by the Title IX Conduct Panel.

5.3.6 All procedural questions are subject to the final decision of the Student Conduct Administrator, PCB or formal Conduct Panel chair, or designated mediator or RJC facilitator, as applicable.

5.3.7 Except as provided in section 5.7.18 for Title IX Conduct Panel hearings, the assigned Student Conduct Administrator will notify the Responding Student in writing of the outcome of an informal Conduct Discussion, PCB hearing, or formal Conduct Panel hearing, including a copy of the written summary, PCB report, or deliberation report, within five (5) days following either the conclusion of the conference or hearing. At the discretion of the assigned Student Conduct Administrator, PCB chair, or formal Conduct Panel chair, the student may be notified verbally of the conference, PCB hearing, or formal Conduct Panel hearing outcome prior to the receipt of written notification.

5.3.8 The Responding Student retains the right to appeal regardless of which conduct process – informal or formal – the student selects. The Responding Student found to have violated the Code may appeal the outcome of any informal Conduct Discussion, PCB hearing, or formal Conduct Panel hearing under the terms and procedures to be followed for appeals, as set forth in section 5.11. Either the Complainant or Responding Student may appeal the outcome of a Title IX Conduct Panel hearing, as set forth in section 5.11.

5.3.9 The determination of “in violation” or “not in violation” of the Code made by a Student Conduct Administrator, PCB, formal Conduct Panel, or Title IX Conduct Panel shall be determined based on the preponderance of the evidence standard, that is to say, whether it is more likely than not that the Responding Student violated the Code.

5.3.10 In all conduct proceedings, formal rules of process, procedure, and/or federal and/or state rules of evidence applicable in civil and criminal courts, shall not apply.

5.3.11 In all conduct cases, if a Report of misconduct may result in suspension or expulsion of the Responding Student, the information supporting the Report shall be presented and considered to determine whether the Responding Student violated the Code.

5.3.12 No Responding Student may be found to have violated the Code solely because the student, who received notice, failed to appear before a conduct body or exercised their right to remain silent throughout any conduct proceeding. However, in all cases, the information supporting the Report of misconduct may be presented and considered in the Responding Student’s absence or silence to determine whether the Responding Student violated the Code. Information supporting a Report of misconduct that may result in suspension or expulsion shall be presented and considered in the Responding Student’s absence to determine whether the Responding Student violated the Code, as required by Texas law.

5.3.13 In the event a student against whom a Report of misconduct in violation of the Code withdraws, transfers, takes leave, or is otherwise absent from the University while an investigation is pending, or before an informal Conduct Discussion or hearing has been conducted, notice may be sent to the Responding Student stating that a Report of misconduct in violation of the Code has been made against them, that an investigation has been or will be conducted, and that an informal Conduct Discussion or hearing may be held. When the Report of misconduct may result in the suspension or expulsion of the Responding Student, notice and a Complaint will be sent to the Responding Student of the reported misconduct; an investigation will be conducted; and an informal Conduct Discussion, a formal Conduct Panel, or Title IX Conduct Panel hearing shall be completed in the Responding Student’s absence, as required by Texas law. When the reported misconduct in violation of the Code is sexual harassment, sexual assault, dating violence, and stalking, as defined in Policy 1.008, notice and a Complaint will be sent to the Responding Student of the reported misconduct; an investigation will be conducted; and a Title IX Conduct Panel hearing shall be completed in the Responding Student’s absence, regardless of whether the student withdraws, transfers, takes leave, graduates, or is otherwise absent from the University, as required by Texas law. Conduct proceedings for all other reported misconduct must be resolved before the Responding Student may re-enroll.

If it is determined that an informal Conduct Discussion or hearing will or must be held, the Responding Student will be provided notice of the time and place of the hearing and the conduct Complaint. The Responding Student may acknowledge the notice by: 1) giving notification of their intent to appear twenty-four (24) hours before the Conduct Discussion or hearing, 2) waiving the right to give testimony personally, thereby acknowledging that the Conduct Discussion or hearing may proceed in their absence, or 3) waiving the right to appear and sending a written, signed statement to be presented on their behalf at the hearing. In Title IX Conduct Panel hearings, the Responding Student may give notification of their intent to appear twenty-four (24) hours prior to the hearing or waive their right to appear, but is not permitted to send a written, signed statement for consideration by the panel, as provided in section 5.7 and required by federal Title IX law.

While an investigation is pending or prior to the time of a hearing, a notation may be placed on the Responding Student’s transcript referring to an attached memo stating that a conduct investigation and/or hearing is pending. No Responding Student may be issued a transcript prior to the completion of a hearing for allegations of sexual harassment, sexual assault, dating violence, and stalking, as defined in Policy 1.008, and provided by Texas law.

5.3.14 A University Conduct Officer may approve deviations to a conduct proceeding, if it does not materially alter the reasonableness, impartiality, or equity of the conduct process and not does not violate applicable law.