Initial Review of Formal Complaint

Upon receipt of a Formal Complaint, the University will: complete the actions required upon receiving notice, evaluate jurisdiction and mandatory and discretionary dismissal, assess appropriate Supportive Measures for both parties, evaluate the need for emergency removal or administrative leave, take immediate and appropriate corrective action if the University's agents knew or should have known that sexual harassment was occurring, and initiate the Grievance Process (Texas Tech University System Regulation 07.06.A and Regulation 07.06.B).

Mandatory Dismissal

The University will dismiss a Formal Complaint in the following situations: (a) the allegation does not describe conduct that would constitute Title IX or Non-Title IX Sexual Misconduct, as defined, even if proven; (b) the Title IX Sexual Misconduct did not occur in the University's education programs or activities (for 07.06.A Complaints); or (c) the Title IX Sexual Misconduct did not occur against a person in the United States (for 07.06.A Complaints).

Permissive Dismissal

The University may dismiss a Formal Complaint in the following circumstances: (a) the Complainant notifies the Title IX Coordinator or System Office of Equal Opportunity in writing that they wish to withdraw the Formal Complaint or some allegations in the Formal Complaint; (b) the Respondent is no longer enrolled in or employed by the University; or (c) circumstances exist that prevent the University from gathering sufficient evidence to reach a determination as to the Formal Complaint or allegations therein.

Application of Other Policies Upon Dismissal of Formal Complaint

These regulations apply exclusively to Title IX and Non-Title IX Sexual Misconduct. Dismissal of a Formal Complaint does not preclude action pursuant to other applicable disciplinary policies, including, but not limited to those in the applicable TTU Student Handbook or other faculty, staff, or employee policies.

Written Notice of Dismissal

If the University dismisses a Formal Complaint, or allegations therein, it must promptly send written notice of the dismissal and the reason(s) for the dismissal simultaneously to all parties.

Appeal of Dismissal Decision

Any party can appeal the dismissal decision in the manner provided in the appeals process section of this report.