Appeal by Complainant Upon Dismissal of Complaint During Investigation
The Complainant may appeal dismissal of the Complaint during the Investigation under Section IV.B.2. within (3) business days of receiving written notice of dismissal, in writing to TCU’s Chief Inclusion Officer, or if the Chief Inclusion Officer has a conflict of interest, to TCU’s University’s Chief Compliance Officer. The Complainant may appeal dismissal of the Complaint on the following bases: a) a procedural error that material affected the outcome of the matter; or b) the dismissal was clearly wrong based on a plain reading of the Complaint and the TCU policy on Prohibited Discrimination, Harassment, Sexual Misconduct, and Retaliation.
Appeal of Finding of Responsibility Upon Following a Campus Conduct Hearing
The Complainant and the Respondent may appeal the hearing board’s finding (determination of responsibility) within (3) business days of receiving the written Notice of Outcome. To appeal, the appealing party must timely submit a plain, concise written statement outlining the grounds for appeal. The Investigator’s investigative finding (determination of responsibility) shall be affirmed on appeal unless the party seeking appeal demonstrates: a) there was a procedural error that materially impacted the outcome of the Investigation; b) the party appealing submits new evidence that was not reasonably available at the time of the Investigation that a reasonable person would conclude may have materially affected the outcome; or c) there was no rational basis for the investigative finding.