Enhanced Processes and Formal Resolution

Enhanced process required to resolve certain Complaints. Under applicable federal Title IX regulations that take effect and apply to some conduct occurring on or after August 14, 2020 by the United States Department of Education[1] (2020 Title IX Regulations), the resolution of Complaints involving allegations of Sexual Harassment[2] requires a hearing with certain enhanced processes as prescribed by the regulations. In any Investigative Report, the Investigator will include a determination of whether 2020 Title IX Regulations would require a hearing with enhanced processes to resolve one or more of the allegations in the Complaint. TCU reserves the right to take action without a resolution through a hearing with enhanced processes prescribed by federal 2020 Title IX Regulations if TCU concludes it has a legal duty to do so.

Formal Resolution where the Respondent is a student. If the Complaint involves a Respondent(s) who primarily relates to the University as a student, the Investigative Report will not include any investigative findings or determination of responsibility, and the OIE will deliver the Investigative Report to the Dean of Student’s Office for determination of responsibility and appropriate sanctions and/or remedies. In making such determinations, the Dean of Student’s Office will follow applicable student conduct procedures set forth in the TCU Code of Student Conduct, including providing for a hearing with enhanced processes if required to do so by federal Title IX regulations.

When the OIE provides the Investigative Report to the Dean of Student’s Office, the OIE will provide the Complainant and Respondent notice that the matter has been transferred to the Dean of Student’s Office for determination of responsibility and appropriate sanctions and/or remedies.

Formal Resolution where the Respondent is not a student. If the Complaint involves a Respondent(s) who does not primarily relate to the University as a student, the Investigative Report will ordinarily include a determination of responsibility by the investigator(s) (whether or not sufficient evidence exists to conclude that Respondent violated University policy) based on the Preponderance of the Evidence, and the Investigative Report may recommend appropriate sanctions and/or remedies, if any.

[1] [Title IX Regulations Addressing Sexual Harassment]

[2] For TCU’s definitions of Sexual Harassment, see TCU’s policy on Prohibited Discrimination, Harassment, Sexual Misconduct, and Retaliation.