Code of Student Conduct

The Texas Tech University Code of Student Conduct outlines behavioral standards for students and student organizations and the procedures used to address alleged misconduct. This web version presents the 2025-2026 Student Code in a browsable format while preserving the policy language and outline structure of the official document.

A university, like any community, must have regulations and/or standards by which its members abide and procedures by which its organizations function. The standards should provide order and an atmosphere conducive to intellectual and personal development. This Code of Student Conduct contained within is intended to serve these purposes in the interest of the Texas Tech University community.

Section A: Introduction

1. Purpose

The Code of Student Conduct outlines behavioral standards developed by the University community for students and student organizations and the related procedures for addressing misconduct. Students should be aware that the student conduct process is not a criminal or civil court proceeding. Students and student organizations are responsible for actions that constitute misconduct and violate the Code of Student Conduct. Any student or student organization found responsible for misconduct may be subject to conduct sanctions.

2. Authority

The authority to enact and enforce regulations of the University is vested in the Texas Tech University System Board of Regents. The responsibility for enforcing the regulations and imposing penalties is delegated to the President of the University and any University officials the President designates. The Office of the Vice Provost for Student Life is the principal office for the administration of student conduct. The Office of the Dean of Students, the Office of Student Conduct, and departments/units, as applicable, shall implement the student discipline procedures. All references to the officials listed above shall be interpreted to include persons designated to act on their behalf.

The Dean of Students/Vice Provost for Student Life (DOS/VPSL), Assistant Dean of Students/Senior Director (ADOS/SD) of the Office of Student Conduct or designee, and the Title IX Coordinator or designee will assume responsibility for the investigation of an allegation of misconduct to determine if the complaint has merit.

3. Jurisdiction

The Code of Student Conduct and the student conduct process applies to the conduct of all Texas Tech University students and student organizations. For the purposes of student conduct, the University considers an individual to be a student when an offer of admission has been extended and thereafter, as long as the student has a continuing educational interest in the University.

The Code of Student Conduct applies to behaviors that take place on University premises, at University-sponsored activities and events, and may apply to off-campus behavior when the DOS/VPSL or ADOS/SD or designee determine(s) that

the off-campus conduct affects a substantial University interest, such as situations where a student’s conduct may present a risk of harm, whether to self or others; situations that infringe on the rights of other students; and situations causing significant disruption to the educational community or which are detrimental to the educational mission of the University.

Proceedings under the Code of Student Conduct may be carried out prior to, independent of, concurrent with, or following civil or criminal proceedings. Misconduct which may constitute a violation of federal, state, local laws, and/or University policy will be considered a violation of this policy and will be investigated and adjudicated through the University conduct system and standard of proof. The result(s) of any criminal proceeding will not, in and of itself, determine the outcome of a University conduct proceeding.

Determinations made and/or sanctions imposed as a result of University disciplinary proceedings may not be subject to change because criminal charges arising out of the same facts that resulted in the violation of University rules were dismissed, reduced, or resolved in favor of or against a criminal law defendant. The University retains conduct jurisdiction over students who take a leave of absence, withdraw, or graduate regarding any misconduct that occurred prior to the leave, withdrawal, or graduation. If sanctioned, a hold may be placed on the student’s ability to re-enroll, obtain official transcripts, and/or graduate. All sanctions must be satisfied prior to re-enrollment eligibility. In the event of serious misconduct committed while still enrolled but reported after the accused student has graduated, the University may invoke these procedures and should the former student be found responsible, the University may revoke that student’s degree. The University reserves the right to address and adjudicate behavior of previously enrolled students when there is a continued University interest.

The Code of Student Conduct may be applied to behavior conducted online, via email, or other electronic media. The University does not actively monitor all channels or media, but may, as appropriate, take action when such information is brought to the attention of University officials. Notwithstanding the foregoing, the exercise of rights protected under the First Amendment shall not be considered violations of the Code of Student Conduct.

The Code of Student Conduct applies to guests of community members whose hosts may be held accountable for the misconduct of their guests. The Code may, as reasonable and appropriate, also be applied to resident non-students, campers, and high school bridge/extension/partner/dual-credit and continuing education program students, or by contractual agreement. Visitors to and guests of the University may report alleged violations of University policies and the concerns will be reviewed

when the University has appropriate jurisdiction in accordance with the Code of Student Conduct.

4. School of Law, School of Veterinary Medicine

Students enrolled in, and student organizations registered with, the Texas Tech University School of Law, Honors College, Graduate School, School of Veterinary Medicine are subject to the Code of Student Conduct; however, such students may face potentially heightened sanctions under their respective colleges and/or programs. Please consult with your respective college/program regarding such policies

5. Amnesty

The University may, in its discretion, offer amnesty to individual student(s) for conduct violations to: 1) a student who may have committed a violation at the time of an incident or 2) a student who offers help to those who need medical assistance. If amnesty is offered, educational options may be explored, but no conduct actions or sanctions will result.

Abuse of amnesty provisions may result in a violation of the Code of Student Conduct. Amnesty does not preclude students from being charged with allegations of misconduct related to Part II, section B.2 (Actions against Members of the University Community and Others). The Code of Student Conduct amnesty provisions do not influence criminal proceedings or charges. Amnesty does not preclude students from being required to meet with University staff or to participate in conditions such as counseling, alcohol assessments, and other requirements. The Office for Student Civil Rights and Sexual Misconduct may also assist with questions related to amnesty provisions, but the final determination regarding amnesty will be made by the ADOS/SD of the Office of Student Conduct or designee or the Title IX Coordinator or designee in Title IX cases.

Section B: Misconduct

1. Academic Misconduct

Academic misconduct consists of any act or attempted act intended to provide an unfair academic advantage to oneself or another student. Academic Misconduct includes but is not limited to: acts of cheating, plagiarism, collusion, dishonesty, fabrication or falsifying of academic records, misrepresenting facts, and the violation(s) of applicable published professional ethics/standards. Academic work subject to the Academic Misconduct policy may include, but is not limited to tests, quizzes, solutions, software, projects (including group projects) or other assignment(s).

Cheating (non-exhaustive definition)

Copying from another student’s academic work.

The use, possession, uploading, downloading, or accessing of materials, devices, or other information regarding academic work, which are not authorized by the person administering the academic work.

Possessing, using, stealing, transporting, buying or selling (including attempts to buy or sell), soliciting, obtaining by any means, or coercing another person to obtain academic work.

Substituting for another person, or permitting another person to substitute for oneself in order to complete academic work.

Failing to comply with instructions given by the person administering the academic work.

Plagiarism/Self-Plagiarism (non-exhaustive definition)

The representation of words, ideas, illustrations, structure, computer code, other expression, or media of another as one’s own and/or failing to properly cite materials, whether materials are direct, paraphrased, or summarized.

Failure to correctly cite previously submitted or used work written by the same student.

Collusion (non-exhaustive definition)

Any unauthorized collaboration, attempted collaboration, or aid involving another individual(s) to complete academic work that results in similarities in the work, including but not limited to, providing unauthorized assistance to another student, allowing another student access to completed academic work, and/or transmitting the contents of academic work.

Unless explicit authorization from the person administering the academic work indicating otherwise, each academic work or exercise is presumed to be prepared and submitted by one student acting individually and not in concert with other students.

Falsifying University Records (non-exhaustive definition)

Alteration (including the assisting in the altering or attempted alteration of) or fabrication of any official record of the University.

Omitting requested information required for or related to any official record of the University.

Misrepresenting Facts (non-exhaustive definition)

Misrepresenting personal or academic information in an effort to obtain a benefit for oneself or another individual and/or to injure or disadvantage another student.

Note: Examples include, but are not limited to: fabricated, altered, misleading, or falsified documentation for medical excuses; family and personal emergencies; and signing into class and failing to remain the entire time.

Violation of Professional Standards Any act or attempted act that violates specific Professional Standards or a published Code of Ethics, all as applicable.

Note: Students are held accountable under this policy based on their college or school of enrollment, declared major, degree program, and/or pre-professional program.

Unfair Academic Advantage (non-exhaustive definition) Any other action or attempted action that may result in creating an unfair academic advantage for oneself and/or advantage/disadvantage for another student that is not enumerated in items (a)-(f) above.

2. Actions against Members of the University Community and Others

Any act, or attempted act, perpetuated against another person or persons including, but not limited to:

Disruptive and/or Obstructive Conduct Intentional or reckless behavior that disrupts or obstructs University operations, including but not limited to the cessation or temporary cessation of teaching, research, administration, University activities, and/or other activities on University’s campus.

Harmful, Threatening, or Endangering Conduct Intentional or reckless behavior that harms, threatens, or endangers the health or safety of self or others.

Assault Intentionally, recklessly, or knowingly causing physical harm to another individual and/or causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or as harmful.

Threats Any act or communication (written, oral, or otherwise) a reasonable person would interpret as a serious expression of intent to injure the health, safety, or property of a person(s) and/or inflict bodily harm upon a person(s), including intimidation to cause injury, implied threats or acts that cause a reasonable fear of harm. This includes mutual threats of violence between students.

Note: Examples may include but are not limited to, threats of mass violence, issuing a bomb threat, constructing mock explosive devices, etc., against any person, group of people, or property. The exercise of rights protected under the First Amendment shall not be considered violations of the Code of Student Conduct.

Intimate partner/relationship violence/dating violence For the purposes of this policy, see Part I, Section D.

Harassment Between students, conduct that is so severe, pervasive, and objectively offensive that it deprives a reasonable person access to education or the intended benefits of the University’s resources and opportunities. Such conduct may include, but is not limited to, bullying and cyberbullying. The exercise of rights protected under the First Amendment shall not be considered a violation(s) of the Code of Student Conduct.

Note: Information related to freedom of expression policy is available Texas Tech University System Regulation 07.04 – Freedom of Expression.

Stalking A course of conduct directed at a specific person that would cause a reasonable person to fear for their safety/safety of others or would cause the person to suffer substantial emotional distress. A “course of conduct” means two or more acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with the person’s property. If such conduct is sexual in nature or constitutes sexual harassment, this may also (or entirely) be covered under Part I, Section D.

Mutual Combat Any incident between two or more individuals in which physical violence takes place.

Note: Claims of self-defense may be evaluated as a mitigating factor on a case-by-case basis and may still be investigated by the Office of Student Conduct.

Sexual Misconduct For the purposes of this policy, see Part I, Section D.

Hazing Hazing is defined as the intentional, knowing, or reckless act directed against a student by one person acting alone or by more than one person occurring on or off University premises for the purpose of pledging or associating with, being initiated into, affiliating with, holding office in, seeking and/or maintaining membership in an organization; and causes or creates a risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury Consent or acquiescence by a student or students subjected to hazing is not a reasonable defense in a disciplinary proceeding. Hazing includes, but is not limited to:

Any type of physical brutality, such as whipping, beating, striking, electronic shocking, branding, placing of a harmful substance on someone’s body, or similar activity;

Causing, coercing, or otherwise inducing another person to sleep deprivation, exposure to the elements, confinement in a small space, personal servitude, or calisthenics or other similar activity;

Causing, coercing, or otherwise inducing another person to consume a food, liquid, alcoholic beverage, liquor, drugs or other substances;

Any activity in which a person solicits, encourages, directs, aids or attempts to aid another in engaging in hazing; intentionally, knowingly or recklessly permits hazing to occur; has firsthand knowledge of the planning of a specific hazing incident which has occurred or may occur; witnesses or participates in a specific hazing incident, and knowingly fails to report the incident in writing to the Office of Student Conduct;

Causing, coercing, or otherwise inducing another person to perform sexual acts;

Any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct;

Any activity against another person that includes a criminal violation of local, State, Tribal or Federal law;

Any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, State, Tribal, or Federal law. *20 U.S.C. 1092(f)(6)(A)(vi)

Any activity in which hazing is either condoned or encouraged or any action by an officer or combination of members, pledges, associates or alumni of the organization of committing or assisting in the commission of hazing.

Note: See Texas Education Code, Sections 37.151-37.155 and Section 51.936; see TTU System Regulation 07.19

Discriminatory Harassment For the purposes of this policy, see Part I, Section D.

Retaliatory or Harassment Any intentional, adverse action taken by an individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant [or supporter of a participant] in a conduct process, civil rights grievance proceeding, or other protected activity.

Complicity or Knowingly Present

Assisting, via either act(s) or omission(s), another student, individual, or group in committing or attempting to commit a violation of the Code of Student Conduct.

Complicity with or failure of any organized group to address known or obvious violations of the Code of Student Conduct by its members.

Any person who is knowingly present for the commission of a violation of the Code of Student Conduct and does not take steps to remove themselves from the location of the violation.

Note: Actions involving free expression activities are covered in Community Policies, Section H.

3. Alcoholic Beverages

Unlawful or unauthorized possession, use, distribution, delivery, or sale of alcohol and/or public intoxication; or operating a vehicle while intoxicated or under the influence of alcohol.

4. Narcotics or Drugs

Possession, use, sharing, furnishing or distribution of illegal drugs, intoxicants, controlled substances and/or drug paraphernalia; including the distribution, use or possession of prescription medications contrary to a valid prescription; being under the influence of illegal drugs, intoxicants, and/or controlled substances.

5. Smoking, Vaping, and/or Tobacco Use

Smoking, vaping, and/or tobacco use (including smokeless tobacco) in unauthorized areas on University property as designated by the Texas Tech University smoke-free and tobacco-free environment policy (OP 60.15). This includes the unlawful possession, use or distribution of products containing nicotine.

6. Firearms, Weapons and Explosives

Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals, or use of any item in a manner that attempts to harm others or does harm others.

Note: See Texas Tech University Operating Policy related to Campus Carry at http://www.depts.ttu.edu/opmanual/ and University Student Housing Contract Guide for specific approved devices allowed in the residence halls.

7. Flammable Materials/Arson

Use of items or materials to ignite, spread, or intensify flames for fire, or the attempt to ignite, spread, or intensify flames for fire, except as expressly permitted by University officials, such as the Outdoor Events Coordinating Committee.

Attempting to ignite and/or the action of igniting University and/or personal property on fire either by intent or through reckless behavior that results, or could result, in personal injury or property damage of University premises.

In accordance with Texas Tech University System Regulation 07.04, open flames are not permitted on University campus without the express written permission of the University.

8. Theft, Damage, Littering or Unauthorized Use

Attempted or actual theft of property or services, including, but not limited to property or services of the University, other University students, other members of the University community, campus visitors or others.

Possession of property known to be stolen or belonging to another person without the owner’s permission.

Attempted or actual damage to property including, but not limited to property owned or leased by the University, by other University students, by other members of the University community, by campus visitors or others.

Littering (as defined by the State of Texas Health and Safety Code, Section 365.011.6) on grounds owned or leased by the University, by other University students, other members of the University community, campus visitors, or others.

Failure to meet financial obligations owed to the University, or components owned or operated by the University, including but not limited to, issuing payment to your student financial account from accounts with insufficient funds.

Possession, alteration, forgery, misrepresentation, or use of any form of identification, not belonging to you or used for the purpose originally issued.

Selling items including but not limited to: stolen items, student identification cards and/or any item which may be used as a form of false identification.

9. Gambling, Wagering, Gaming and/or Bookmaking

Gambling, wagering, gaming and bookmaking as defined by federal, state, local laws, and/or University policy are prohibited on University premises involving the use of University equipment or services.

10. False Alarms

Intentional sounding of a false fire alarm or falsely reporting an emergency. The destruction or activation of fire sprinklers, filing false police reports, or improperly possessing, tampering with, or destroying fire equipment or emergency signs on University premises.

11. Unauthorized Entry, Possession or Use

Unauthorized entry into or use of University premises or equipment including another student’s room.

Unauthorized possession, use, duplication, production or manufacture of any key or unlocking device, University identification card or access code for use in University premises or equipment.

Unauthorized use of the University name, logo, registered marks or symbols; however, registered student organizations are permitted to use the word “Tech” as a part of their organizational names or to use the complete statement “a registered student organization at Texas Tech University.”

Unauthorized use of the University name to advertise or promote events or activities in a manner that suggests sponsorship and/or recognition by the University.

Attempted or actual unauthorized use of a credit card, debit card, student identification card, cell phone, personal identification number, test number, eRaider account information, or personal check, or other unauthorized use of another’s personal property or information.

12. Failure to Comply

Failure to comply with reasonable, lawful directive(s) of a University official acting in the performance of their duties.

Failure to present student identification on directive or identify oneself to any University official acting in the performance of their duties.

Any intentional, retaliatory, or adverse action taken by a respondent individual or third party, absent legitimate nondiscriminatory purposes, against a party or supporter of a party to a Misconduct or Sexual Misconduct proceeding or other protected activity under this Code of Student Conduct.

Failure to comply with the sanctions imposed by the University under the Code of Student Conduct or the Student Handbook.

Note: Examples include but are not limited to directives from the Office of the Dean of Students staff, Office of Student Conduct staff, Title IX staff, University Student Housing staff, Texas Tech University Police Department, Athletic staff, and others.

13. Abuse, Misuse, or Theft of University Information Resources

“Information resources” means procedures, equipment, and software employed, designed, built, operated, and/or maintained to collect, record, process, store, retrieve, display, and/or transmit information, and associated personnel including consultants and contractors (as defined by Texas Government Code §2054.003(7)). Per Texas statutes, University information resources are strategic assets of the state of Texas that must be managed as valuable state resources. Unauthorized use of University information resources is prohibited and may be subject to criminal prosecution in addition to disciplinary sanctions pursuant to the Code of Student Conduct. Usage of TTU information resources may be subject to security testing and monitoring, and users have no expectation of privacy except as otherwise provided by applicable privacy laws. Use of information resources, regardless of location or method of access, is also subject to the Information Technology Security Policies (https://www.depts.ttu.edu/infotech/security/), University Operating Policies, and other applicable laws. Abuse, misuse, or theft of University information resources includes, but is not limited to the following:

Unauthorized use of University information resources including, but not limited to, confidential and/or sensitive information and passwords, including the unauthorized sharing of confidential and/or sensitive information or passwords with individuals who have not been granted access to University information resources.

Use of University information resources:

For unauthorized or nonacademic purposes including, but not limited to, illegal access, attempted or actual unauthorized accessing, copying, transporting or installing programs, records, data, or software belonging to the University, another user, or another entity, or other illegal activity (e.g., sharing copyrighted materials or media).

To violate Part I, Section B.2 of the Code of Student Conduct (Actions against Members of the University Community and Others).

Attempted or actual:

Breach of the security of another user’s account and/or computing system, depriving another user of access to University information resources, compromising the privacy of another user or disrupting the intended use of University information resources.

Use of University information resources to interfere with the normal operation of the University.

Use of University information resources for unauthorized commercial purposes, or for personal/private gain. This includes email signatures that promote personal or commercial gain.

Destruction, disruption, or modification of programs, records, or data belonging to or licensed by the University or another user, or destruction of the integrity of computer-based information using University information resources.

Access, creation, storage, or transmission of material deemed obscene (as defined by Chapter 43 of the State of Texas Penal Code on Public Indecency or other applicable laws). Exceptions may be made for academic research where this aspect of the research has explicit approval by the University’s official processes regarding academic ethical issues. Discovery of obscene material, including child pornography, on any TTU information resource must be reported to the Information Security Officer or Chief Information Officer immediately.

Intentional “spamming” of students, faculty, or staff (defined as the sending of unsolicited and unwanted electronic communications, including but not limited to e-mails and text messages to parties with whom the sender has no existing business, professional or personal relationship) using University information resources.

14. Providing False Information or Misuse of Records

Knowingly furnishing false information to the University, to a University official in the performance of their duties, or to an affiliate of the University, either verbally or through forgery, alteration or misuse of any document, record or instrument of identification.

15. Skateboards, Rollerblades, Scooters, Bicycles or Similar Modes of Transportation

Use of skateboards, rollerblades, scooters, bicycles or other similar modes of transportation in University buildings or on University premises in such a manner as to constitute a safety hazard or cause damage to University or personal property.

Note: Refer to University Parking Services at Traffic and Parking Regulations

16. Interference with Expressive Activities

Unduly interfering with the expressive activities of others on campus resulting in the inability for expressive activities to occur or to continue. Consistent with TTUS Regulation 07.04, students who unduly interfere with the expressive activities of others on campus will be subject to the disciplinary policies and procedures outlined in the Code of Student Conduct. The terms of such Regulation shall control in the event of any conflict between the provisions set forth in this Handbook and the terms of such Regulation.

Note: See also Code of Student Conduct Part II, Section H – Freedom of Expression Activities & Section Q – Use of University Space

17. Violation of Published University Policies, Rules or Regulations

Violation of any published University policies, rules or regulations that govern student or student organization behavior, including, but not limited to, violations of:

Transportation & Parking Services

University Student Housing

Recreational Sports

Student Organization and Fraternity and Sorority Life

Texas Tech University Board of Regents’ Rules

Texas Tech University Operating Policies and Procedures

Community Policies of the Student Handbook

TTU Athletics

Texas Tech University System Regulations

18. Violation of Federal, State, Local Law and/or University Policy

Misconduct which may constitute a violation of federal, state, or local laws and/or other University policies may be considered a violation of the Code of Student Conduct and may be investigated through the University conduct system. A lack of conviction in any criminal proceeding will not, in and of itself, be determinative in a University conduct proceeding.

19. Abuse of the Discipline System

Falsification, distortion, or misrepresentation of information in disciplinary proceedings.

Disruption or interference with the orderly conduct of a disciplinary proceeding.

Filing an allegation known to be without merit or cause.

Discouraging or attempting to discourage an individual’s proper participation in or use of the disciplinary system.

Influencing or attempting to influence the impartiality of a member of a disciplinary body prior to and/or during and/or after the disciplinary proceeding.

Influencing or attempting to influence another person to commit an abuse of the disciplinary system.

Section C: Conduct Procedures for Students and Student Organizations

Organizations

*It should be noted that any place student is mentioned, the policies and procedures are also applicable to student organizations, except where explicitly written differences are stated.

1. Reporting Allegations of Misconduct

Upon notice or receipt of potential violation(s) of the Code of Student Conduct, The DOS/VPSL or the ADOS/SD or designee will appoint an Investigator who will inquire, gather, and review information about the reported student misconduct, and will evaluate the accuracy, credibility, and sufficiency of the information.

If it is determined that the information reported does not warrant an allegation, a Policy Clarification letter may be issued to involved parties to clarify the policy in question.

When an initial report of misconduct by a third party does not identify the parties involved or the involved parties are not available, the Investigator will investigate the reported incident to the fullest extent of the information available.

When a Complainant is identified but is reluctant to participate in the investigative process and/or the student conduct process, the University will make every attempt to follow the wishes of the Complainant while weighing the interests of the campus community and the possibility of a continuing threat. If the Complainant does not want to participate in the investigative process but has no aversion to the University pursuing conduct action with respect to the named Respondent, the University will proceed with the student conduct process to the extent of the information available. If the Complainant does not want the University to pursue the report in any respect, the University will investigate further only if there is reason to believe that a significant continuing threat to the campus community exists.

Note: The ADOS/SD or designee may proceed with the conduct process (even if the Complainant(s) chooses not to participate) on a case-by-case basis if the alleged behavior involves pattern, predation, threat, or violence (PPTV) that may significantly impact the campus community and others.

2. Interim Actions (Current Remedies and Resources)

The University may take immediate interim action(s) to eliminate hostile environments, prevent reoccurrence, and address any effects on the Complainant and community prior to the initiation of formal Investigation and/or formal conduct procedures. These interim steps will be taken to minimize the burden on the Complainant while respecting due process rights of the Respondent.

Interim action(s) or an Interim Suspension(s) are not sanctions; such action(s) are taken in an effort to protect the safety and well-being of the Complainant, Respondent, and/or other members of the University community. Interim action(s)

is/are preliminary in nature and remain in effect only until the conduct process has been completed. However, violations of interim action may result in additional violations of the Code of Student Conduct. A student who receives an interim action(s) or interim suspension may request a meeting with the ADOS/SD or designee to demonstrate why an interim action(s) or suspension is not merited. Regardless of the outcome of this meeting, the University may still proceed with conducting an Investigation and the scheduling of a hearing.

No Contact Order When initial inquiry indicates persistent and potentially escalating conflict between members of the University community, a No Contact Order may be issued as a remedial, non-punitive deterrent to further conflict or situational complication. A No Contact Order will be issued by the Office of Student Conduct or Dean of Students via the student’s official Texas Tech email. The notice serves as an official directive that the student(s) have no contact with the other listed parties. Contact cannot occur in person, by telephone, email, text message or other electronic means of communication, or through a third party (other than an attorney). Should contact need to occur, the student should coordinate with the Office of Student Conduct. This notice may also come with other information related to changes in class schedule or other restrictions to facilitate the No Contact Order. Failure to comply with the No Contact Order may result in additional disciplinary action, including but not limited to possible suspension or expulsion. Violation(s) of a No Contact Order(s) may also result in immediate temporary suspension pending the completion of the conduct process. The term of a No Contact Order is “one year from the date of issuance, or the graduation of one or both parties, whichever comes first.”

Immediate Temporary Suspension – Students A student may be temporarily suspended pending completion of conduct procedures if, in the judgment of the ADOS/SD or designee, or on recommendation of an Investigator, the physical or emotional well-being of a student or other students or members of the University community could be endangered or if the presence of the student could significantly disrupt the normal operations of the University. The ADOS/SD or designee will initiate appropriate conduct procedures to address the disruptive behavior within five (5) University working days from the date of temporary suspension. Initiation of appropriate conduct proceedings includes but is not limited to informing parties that an investigation has begun via a “Notice of Involvement/Notice of Investigation” letter via the official notice procedures outlined in Part I, section A. 3 of the Code of Student Conduct. Upon Immediate Temporary Suspension, the student may no longer attend classes, use University services and/or resources, and is not allowed to be on campus until the conduct proceedings have been concluded, or the Interim Action has been modified. Any instance whereby the student should need to return to campus must be coordinated through the Office of Student Conduct and the Texas Tech Police Department prior to student needing to be on campus. Conduct, on or off campus, that may result in immediate temporary suspension includes but is not limited to:

A significant and articulable threat to the health or safety of a student or other member(s) of the University community that is deemed a continuous threat;

Sexual assault, other forms of sexual misconduct, stalking, and relationship violence that are creating a hostile environment for the Complainant and the remedy for the harassment requires temporary separation;

Criminal felony charges related to weapons, drugs, aggravated assault, and/or terroristic threats;

Severe disruption in the academic community related to erratic behavior, threats, property damage, and/or speech with another student which loses legal protection, where the offending student is uncooperative with staff requests;

Violation of a No Contact Order;

Retaliatory harm, discrimination, or conduct that meets the legal definition of harassment.

Interim Suspension of Student Organization Activities Under the Code of Student Conduct, the ADOS/SD or designee may, when the student organization represents a threat or serious harm to others that is deemed a continuous threat or is facing allegations of criminal activity, impose restrictions, including, but not limited to temporarily suspending the activities of a student organization pending the outcome of the University’s conduct process—and where applicable, the Headquarters’ or sponsoring department’s process. The purpose of an interim suspension of activities is to protect students, preserve the integrity of an investigation, preserve University property, and/or prevent disruption of, or interference with, the normal operation of the University. A student organization who receives an Interim Suspension of Student Organization Activities may request a meeting with the ADOS/SD or designee to discuss the rationale for the action. During an Interim Suspension of Student Organization Activities, the student organization is limited to minimal functions in order to conduct the Investigation only. Failure or refusal to follow the Interim Suspension of Student Organization Activities may result in additional charges of misconduct. Student organizations will be informed of interim actions pursuant to the official notice procedures outlined in Part I, section A.3. of the Code of Student Conduct. In the event an Immediate Suspension of Student Organization Activities is issued, a student organization may request a review of the Immediate Suspension of Student Organization Activities by the ADOS/SD or designee.

Other Interim Actions In the event that the physical or emotional well-being of a student, other students, or members of the University community could be endangered, or if the presence of the student could significantly disrupt the normal operations of the University, other interim actions may be taken to protect the educational environment. These actions include, but are not limited to, temporary removal from University Student Housing, temporary changes in a student’s academic schedule, and temporary restrictions from University activities, services and/or buildings, and temporary restrictions from representing the University. A student/student organization may request a review of an Immediate Temporary Suspension or Interim Action by the ADOS/SD or designee. At the discretion of the ADOS/SD or designee, modifications can be made to an Immediate Temporary Suspension or Interim Action on a case-by-case basis.

3. Non-Student Interim Actions

Any guest to the University may be issued a Criminal Trespass by the Office of Student Conduct, in conjunction with the Texas Tech Police Department, under certain circumstances. An individual who is alleged to have violated University policies or law and/or is deemed to pose a threat to the University community and/or who could significantly disrupt the normal operations of the University may be issued a Criminal Trespass.

Note: Students of Texas Tech University may be held responsible for actions of their guests.

An individual who has willfully disrupted the orderly operation of the University or premises and whose presence on the campus or premises constitutes a substantial and material threat to the orderly operation of University or the premises may have their consent to remain on campus temporarily revoked. Under these limited circumstances, as specified under Texas Education Code § 51.233, an individual may have consent to remain on University’s campus withdrawn (“Withdrawal of Consent”).

This Withdrawal of Consent will not be longer than fourteen (14) calendar days and a Hearing must be held within fourteen (14) calendar days to determine the student’s status at the University. Under such circumstances, notice shall be provided in accordance with Texas Education Code §§ 51.233-234. Permission to be on University premises must be coordinated through the DOS/VPSL and the Texas Tech Police Department. The DOS/VPSL will notify all parties of the final decision using the written notification procedures outlined in Part I, Section A.3, within five (5) University working days.

Note: See Texas Education Code, sections 51.233-51.244

5. Notice

Notice is deemed to have been properly provided when written notification is sent to the student’s official assigned University email address, delivered via Certified Mail to the student’s last known address, or personally delivered to the student. University email is the University’s primary means of communication with students. Students are responsible for all communication delivered to their University email address. Pre- Scheduled meetings are scheduled around a student’s published academic schedule and include the opportunity to reschedule in the event of unavoidable conflicts. The

University will make reasonable efforts to accommodate student schedule conflicts but will not permit unreasonable delays in the Conduct Process. After proper notice has been given to the student, the Investigator or designee may proceed with the conduct process. Should a student fail to comply with the requests of an Investigator or designee, the Office of Student Conduct may issue a ‘Failure to Comply’ Code of Student Conduct allegation to the student. Students are advised to keep their most current local address, permanent address, and local telephone number updated in the student records system at www.raiderlink.ttu.edu/.

A student and/or student organization will be given notice of their involvement in regard to a referral received by the University or once the University is put on notice by receipt of a “Notice of Investigation/Notice of Involvement” Letter. When preliminary information indicates that identifiable student(s) are associated with the reported incident, those student(s) will be asked to meet with an Investigator. In the event that a student fails to respond to written notification, an administrative hold may be placed on the student’s record to prevent further registration and transcript receipt. The administrative hold may remain until such time as the Investigator receives an appropriate response. Failure to comply with or respond to a notice issued as part of conduct procedure and/or failure to appear will not prevent an Investigator from proceeding with the conduct process.

The Investigator may notify a student organization’s advisor, Headquarters, or sponsoring department or organization that a referral was received by the University.

6. Investigation

The ADOS/SD or designee will appoint an Investigator who will conduct a thorough, reliable, and impartial Investigation of the reported allegation. Reported allegations of misconduct under the Code have varying degrees of complexity and severity. Therefore, the Investigation procedures described below may vary.

University Investigation Process When an initial inquiry indicates a concurrent police investigation is occurring, the Investigator will, where reasonably possible, collaborate with appropriate law enforcement, including but not limited to the Texas Tech Police Department, during the investigation. During the investigation, Complainants, Respondents, and Student Organization Representative are responsible for providing all information or evidence that they believe should be considered. Investigations of student organization conduct may include the requirement for student organization members to attend an investigation meeting as a group or as individuals, as determined in the University’s discretion. Students may be asked to complete written questionnaires related to the investigation. Regardless of the nature of the investigation, students and student organizations should be aware of their Rights and Responsibilities in the conduct process and recognize that any information shared during the course of the student conduct investigation may be used in formal conduct processes against the student organization or the individual student. Students can always decline to participate in a collaborative investigation meeting and meet only with the Investigator instead of meeting together with other Investigators. The identities of individuals who issue statements in organizational conduct investigations may be withheld from Investigation Reports at the discretion of the ADOS/SD or designee. Once the investigation is complete, the Investigator will compile the relevant information and evidence into an Investigation Report, which may include a timeline of the event(s), statements from interviews, physical and electronic evidence, a breakdown of the discrepancies in the various interviews, and credibility considerations. The Investigator will document any physical or electronic evidence in a manner that is conducive to and does not obstruct concurrent or forthcoming police investigations. A student/student organization representative will have access to review the completed Investigation Report and/or investigative materials relevant to the investigation after the investigation has concluded. Allegations of potential violations of the Code of Student Conduct, if appropriate, are assigned at the conclusion of the investigation at which point the Investigator explains the options for resolution to the parties involved. Should a student/student organization not participate in the Investigative Process, the conduct process may continue without their participation. The Investigator may assign allegation(s) to the Respondent student based on the information that the Investigator collected without the student’s participation, if appropriate.

Partnership Process for Student Organizations At all times, the ADOS/SD or designee retains the discretion to investigate a referral of student organization misconduct. However, in the initial meeting with the Investigator, a student organization may indicate their preference to conduct an internal investigation as a part of a Partnership Process with the Office of Student Conduct, Office of Fraternity & Sorority Life, and/or the Student Involvement Office. Student organizations participating in a Partnership Process must commit to the deadlines and formatting requirements provided by the ADOS/SD or designee. Upon the conclusion of the internal investigation, the student organization spokesperson shall present a written report of its internal investigation findings to the ADOS/SD or designee. If the ADOS/SD or designee determines that no further action is necessary, he/she may conclude the investigative process, and consider the matter closed. Upon completion of the internal Investigation, the ADOS/SD or designee has the discretion to approve and/or adopt the internal investigative report, in whole or in part, as the Final Investigation Report. An internal investigation may be rejected, in whole, or in part for reasons including but not limited to the following:

The student organization obstructed the process, or provided false, incomplete, or inaccurate information;

The student organization did not conduct its investigation or provide a report in a timely manner;

The student organization violated Interim Actions imposed by the ADOS/SD or designee; or

The Office of Student Conduct receives additional referrals of misconduct against the student organization during the pendency of the internal investigation. If the internal Investigation Report is accepted by the ADOS/SD or designee, the assigned Investigator may proceed to assign allegations of the Code of Student Conduct to the student organization. If information contained in the internal Investigation Report indicates that there is insufficient evidence to support organizational allegations, but that individual organization members may be responsible, the Investigator may proceed with the conduct process for individual students. In order to proceed with the conduct process for individual students, the names of individuals involved must be provided in the internal Investigation Report. In the event the internal Investigation Report is rejected, in whole or in part, the ADOS/SD or designee may proceed with a University investigation.

Note: Student organizations conducting any internal investigation may be subject to Interim Actions that may be imposed upon the student organization by the ADOS/SD or designee.

7. Rights and Responsibilities

Prior to the formal investigative process, a student will be provided with a Student Rights and Responsibilities document. This document will be reviewed and signed by the student prior to an interview with the Investigator. The Student Rights and Responsibilities document informs the student of their rights to be exercised before and during the investigative process. Information gathered during the course of the investigation and student conduct process may only be shared with faculty, staff, students, and/or advisors who are directly involved in the incident or necessary to the student conduct process. A Student’s Rights and Responsibilities and a Student Organization’s Rights and Responsibilities can be found on the Office of Student Conduct’s website.

8. Referral Meeting

A University official may request a meeting with a student and/or a student organization’s spokesperson in order to discuss a referral made to the Office of Student Conduct or other administrative department when the referral may not be deemed a violation of the Code of Student Conduct, but when the Investigator or designee determines the referral reasonably warrants a discussion. The purpose of the discussion is to clarify concerns of the involved parties, to offer assistance to all involved parties, and to explain to the Respondent that repeated referrals may warrant an Investigation which may warrant adjudication.

9. Voluntary Resolution

In any matter governed by the Code of Student Conduct, the parties (usually the Complainant and Respondent) may mutually agree to attempt to resolve the matter prior to conclusion of the conduct process through a Voluntary Resolution process. The procedures utilized in the Voluntary Resolution process must be agreed upon by the parties with concurrence from the ADOS/SD or designee. The parties must mutually agree in writing to all aspects of any resolution reached through the Voluntary Resolution process, including any restrictions, sanctions, or conditions as may be agreed upon by the parties with concurrence from the ADOS/SD or designee, and any such resolution will be binding and final with no opportunity to appeal. Either party may withdraw from the Voluntary Resolution process at any time prior to final resolution, at which time the matter will proceed through the student conduct process as set forth in the Code of Student Conduct. Voluntary Resolution agreements will be maintained in accordance with University policies.

10. Informal Conference

If after the investigation, the Respondent student accepts responsibility for the allegations of the Code of Student Conduct outlined in an Investigation Report, the student can choose to resolve the issue informally. Should the student wish to participate in the Informal Conference process, the Investigator conducting the initial inquiry/investigation will inform the student of the appropriate sanctions for the misconduct. To participate in the Informal Conference process, a student must accept both the finding and the sanctions. If accepted, the process ends, the finding is final, and there is no appeal.

In cases involving another student (a Complainant) and/or a violation of Part I, section B.2 (Actions against Members of the University Community and Others) of the Code of Student Conduct, both the Complainant and the Respondent must agree to both the finding and the sanctions as recommended by the Investigator. The case will only be reopened if new material, previously unavailable, is presented.

Written notification of the outcomes and sanctions, if applicable, of the Informal Conference will be provided to the student and appropriate University administrators within five (5) University working days of the effectuation of the Informal Conference.

For student organizations, the student organization spokesperson is encouraged to consult appropriate University staff in the Fraternity & Sorority Life and/or the Student Involvement Office, the Office of Student Conduct, the appointed Investigator, the Office of Student Conduct sanction grid, the student organization’s officers, advisor, Headquarters, sponsoring department or organization, and/or governing council representative to develop an Informal Conference that is appropriate, effective, and is proportionate to the severity of the incident and the cumulative conduct history of the student organization.

Upon timely receipt of the Informal Conference, the ADOS/SD or designee may adopt, reject, or supplement, in whole or in part, the sanction(s) proposed in the Informal Conference presented by the student organization. In the event the proposed Informal Conference is rejected, in whole or in part, the student organization’s alleged violations of the Code of Student Conduct may be resolved pursuant to the Pre-Hearing process outlined in Part I, Section D.3.e and the Formal Hearing process as outlined in Part I, Section D.4.

Findings and sanctions agreed upon through the Informal Conference Student Organization Partnership process are final and cannot be appealed.

11. Hearing Procedures

Upon completion of the initial inquiry/investigation, after the allegation(s) have been assigned, and proper notice has been given to the student, the University may proceed to conduct either an Administrative or a Panel Hearing and issue a finding and accompanying sanction(s), if applicable. The Administrative or Panel Hearing may be held and a decision made, regardless of whether the student responds or attends the Hearing. If the student accepts responsibility for the allegations issued in the Investigation Report, the student may request a Sanction Only Hearing. Reasonable arrangements can be made for either party to participate electronically/remotely, from another room, etc., if requested in advance of the Hearing date.

Hearings are closed to the public. In cases involving another student (a Complainant) and/or a violation of Part I, section B.2 (Actions against Members of the University Community and Others) of the Code of Student Conduct, both the Complainant and the Respondent students have the right to be present at the Hearing; however, they do not have the right to be present during deliberations. Reasonable arrangements can be made so that complaining and responding students do not have to physically be in the Hearing room at the same time. To request changes in the scheduled Hearing time, students should contact the Office of Student Conduct prior to the scheduled Hearing.

Student organizations are represented by the student organization spokesperson. In situations where the organization no longer has a current student representing the organization, the conduct process will continue with the information available at the time. Organizations with inter/national, regional, or local advisory staff or volunteers with a long-term interest in the organization’s recognition at the University may, as determined to be reasonable and appropriate by the University, be allowed to participate in the resolution of conduct processes when a current student is no longer able to represent the organization.

An In Absentia decision may be rendered by the appointed hearing body after proper notice has been given to the student, and the student has failed to respond within the allotted time frame to meet with an Investigator.

Prehearing Once the investigation is complete, the involved parties will participate in the Pre- Hearing Process. During the Pre-Hearing Process, students will be given the opportunity to review the Investigation Report, relevant evidence, and other documents to be used in the Administrative or Panel Hearing. Other documents reviewed may include notification of Respondent’s allegations, Hearing Panel composition, and Hearing Script. Following the Pre-Hearing, student(s) will be notified, via the notification procedures outlined in Part I, section A.3 of a date, time, and location of the Hearing. Should students not participate in the Pre- Hearing Process, the conduct process may continue without their participation, including the assignment of allegations and the completion of an Administrative or Panel Hearing. While students may identify errors in their own statements during the Pre-Hearing, they are not able to add additional information to the Investigation Report unless that information, in the judgment of the Investigator, was unavailable during the investigative process and is pertinent to the consideration of the case. If a student discovers new, previously unavailable information during the time after the Pre- Hearing but before the Administrative or Panel Hearing, the student should inform the Investigator immediately. If the new information is pertinent to the consideration of the case, the Investigator will determine whether the new information should be included in the Investigation Report or presented verbally during the Administrative or Panel Hearing. If there is new evidence introduced, other involved parties shall also be given the opportunity to provide a response to any new evidence that will be presented in the Administrative or Panel Hearing. The student conduct process is designed to be non-adversarial. Students will be permitted to question the statements and evidence presented by the other involved parties but may not do so directly. After reviewing the Investigation Report, during the Pre-Hearing, Complainants and Respondents will have the opportunity to question the statements and evidence presented by the other involved parties, via the Investigator, who will pose the questions and supplement the Investigation Report.

Note: Questions that are deemed objectionable, inappropriate, and/or irrelevant by the Investigator may be rejected. Students may indicate whether an Administrative Hearing, Panel Hearing or Sanction Only Hearing is preferred. However, the DOS/VPSL or ADOS/SD or designee has the sole discretion in all cases to designate whether an Administrative Hearing, Panel Hearing, or Sanction Only Hearing will be held notwithstanding the student’s preference. In cases requiring a Hearing Panel, the Investigator will share the pool of faculty, staff, and students trained for Hearing Panels. Students will be given the opportunity to request to strike any member of the Hearing Panel whose impartiality may be in question. In order to strike a member of the Hearing Panel, the student must provide the Investigator with a reasonable and substantiated rationale for the request. Once the composition of the Hearing Panel is set, the Investigator will schedule the Panel Hearing. At the discretion of the ADOS/SD or designee, a review of the conduct case may occur at any point during the investigation or conduct process for clarification of procedural processes and may remand to investigation or adjudication if deemed necessary.

Administrative Hearing An Administrative Hearing is the process of adjudicating allegations of violations of the Code of Student Conduct by an Administrative Hearing Officer. The Administrative Hearing Officer in an Administrative Hearing may be the Investigator that completed the Investigation Report, or the Administrative Hearing Officer assigned by the ADOS/SD or designee. The Investigator or Administrative Hearing Officer makes the decision of responsibility and assigns sanctions, as appropriate. Written notification of the outcomes of the Administrative Hearing will be provided to the student within five (5) University working days of the conclusion of the Administrative Hearing. Decisions made through the Administrative Hearing may be appealed by students by utilizing the Conduct Appeal Procedures outlined in Part II, section C.5.

Panel Hearing For each Panel Hearing, a Panel of three (3) members will be chosen from the available pool by the ADOS/SD or designee. The Panel will usually be comprised of one student, one faculty member, and one staff member or an Administrative Hearing Officer. Availability may determine a different composition for the Panel. In cases involving Part I, section B.1 (Academic Misconduct), the Panel will be comprised only of students and faculty. In cases involving Part I, section B.2 (Actions against Members of the University Community and Others), or other sensitive issues, the ADOS/SD or designee will appoint three trained panel members. The Investigator will present the Investigation Report, evidence, witnesses, allegation(s), and questions for deliberation. The Complainant and Respondent may make an opening statement about key points of the case. During the opening statement phase of the conduct process, the Complainant and the Respondent may not make character statements about themselves or others and may not make impact statements. Likewise, the Complainant and Respondent may make additional comments about the facts of the case. The Panel may ask questions of the Investigator, Complainant, Respondent, and any witnesses. The Complainant and Respondent may not question each other or witnesses directly but may pose questions through the Investigator. Should new evidence be presented without prior discussion with the Investigator, the Hearing may be halted to consider the inclusion of this information. Impact statements will also be halted if they are shared prior to the sanctioning phase of the Hearing. In the event the Resource Person of the Hearing removes a student due to misconduct (Complainant, Respondent, or witnesses) or disruption during the Hearing, the alleged misconduct will be forwarded to the Office of Student Conduct for additional processing, as appropriate. Following the Hearing, the Hearing Panel will deliberate and render a decision regarding the alleged misconduct, as well as determine sanctions, if applicable. Should the Hearing Panel have any questions for the Investigator, the Complainant, and/or the Respondent during deliberations, the Hearing will reconvene so that all parties have the opportunity to hear and respond to other parties’ responses. Simultaneous notification of outcomes of the Panel Hearing should be provided to the student(s) in writing within five (5) University working days, or as soon as practical, following the Panel Hearing. Decisions made through the Panel Hearing may be appealed by students utilizing the Disciplinary Appeal Procedures outlined in Part I, section C.5.

Note: All Hearing proceedings, excluding the deliberations of the Hearing Panel, will be recorded by the University.

Sanctions Only Hearing If the student accepts responsibility for the allegations issued in the Investigation Report, the student may request a Sanction Only Hearing, by either a Hearing officer or a Hearing Panel. During a Sanction Only Hearing, the Investigation Report and finding are presented to the Hearing body by the Investigator. During the presentation of the Investigation Report and finding, the Respondent and the Complainant are not allowed to dispute the facts or details of the case. Both the Respondent and the Complainant may be present, and both the Respondent and the Complainant may provide impact statements prior to sanctioning. Mitigating factors as well as a character statement may also be presented by the Respondent and may be considered by the Hearing body. Simultaneous notification of the outcome of the Sanction Only Hearing will be provided to the student(s) within five (5) University working days of the conclusion of the Sanction Only Hearing. Decisions made through the Sanction Only Hearing may be appealed by the students by utilizing the Conduct Appeal Procedures outlined in Part II, section C.5. In Sanction Only Hearings, students may appeal the sanction(s), and can only appeal on the following grounds, “the sanction imposed substantially varies from the range of sanctions normally imposed for similar infractions.”

Note: A student may only choose a Hearing Panel for Sanction Only Hearings for potentially separable offenses.

12. Sanctions

An Investigator, Administrative Hearing Officer, or a Hearing Panel may impose sanctions when a student is found responsible. The potential sanctions are listed in the Code of Student Conduct grid at http://www.depts.ttu.edu/studentconduct. The grid is provided only as a guideline for administering sanctions by the Investigator,

Administrative Hearing Officer, or the Hearing Panel. The Investigator, Administrative Hearing Officer, and/or the Hearing Panel may deviate from the grid for sufficient reason(s).

Note: Law School and Veterinary School students found responsible for misconduct under the University's Code of Student Conduct and process face potentially heightened sanctions and other outcomes in accordance with the respective School policy. Please see Part 1, Section A.5, above. The cooperation of an organization during the Investigation and conduct process as well as any self-sanctioning or other required sanctioning will also be considered in the determination of sanction(s). Implementation of the disciplinary sanction(s) will begin immediately or as assigned. In limited instances, such as removal from University Student Housing, Suspension, or Expulsion, a student may submit an Intent to Appeal to the ADOS/SD or designee as soon after receipt of the Hearing decision as possible and prior to the deadline to appeal (3 days). The student must clearly state an intent to appeal and must include the preliminary identification of the appropriate ground(s) upon which the student believes an error occurred. Upon confirmation of receipt of the intent to appeal by the ADOS/SD or designee, the effective date of the student's sanction(s) will be delayed pending the outcome of the appeal. However, upon the judgment of the ADOS/SD or designee, some cases (e.g. University has reasonable belief the student poses an active threat to the University community) with sanctions of housing removal, suspension, or expulsion may begin prior to the completion of the conduct appeal process.

Note: an Intent to Appeal does not satisfy the need for the student to articulate and submit a written appeal request as detailed in Section 7 – Conduct Appeal Procedures below. Both the Respondent and the Complainant (if applicable) will be simultaneously notified of the appellate officer’s decision and sanctions as appropriate. When sanctions are final, appropriate University administrators may be notified of the student’s sanctions. Findings and sanctions agreed upon through the Informal Conference process are final and cannot be appealed. If a student is found responsible for violating the Code of Student Conduct, sanctions may be imposed and can include, but are not limited to the following:

Disciplinary Reprimand The disciplinary reprimand is an official written notification using the notice procedures outlined in Part I, Section A.3, to the student that the action in question was misconduct. The student remains in good disciplinary standing during this time.

Disciplinary Probation Disciplinary Probation is a period of time during which a student’s conduct will be observed and reviewed. The student must demonstrate the ability to comply with University policies, rules, and/or standards and any other requirement stipulated for the probationary period. Further instances of misconduct under the Code of Student Conduct during this period may result in additional sanctions. The student is not in good disciplinary standing during this time period.

Time-Limited Disciplinary Suspension Time-Limited Disciplinary Suspension is a specific period of time in which a student is not allowed to participate in class, University related activities, or be present on University’s campus. The status of Disciplinary Suspension will be shown on the student’s academic record, including the transcript. Disciplinary Suspension is noted on the student’s transcript by the phrase “Disciplinary Suspension” and will include the period of time in which the student is/was suspended from the University. In most instances, the notation of Disciplinary Suspension will remain on the transcript permanently. A student has the ability to petition to remove a Disciplinary Suspension notation in the following instances:

the student is eligible to reenroll at the University; or

good cause exists to remove the notation, as determined by the ADOS/SD or designee in their sole discretion. A Disciplinary Suspension of a student will indicate the date on which the suspension period begins and the earliest date the application for student readmission will be considered. The ADOS/SD or designee may deny a student’s readmission if a student’s misconduct during the Suspension would have warranted additional disciplinary action. If the student has failed to satisfy any sanction that was imposed prior to application for readmission, the ADOS/SD or designee may recommend denial of readmission of a student. On denial of a student’s readmission, the ADOS/SD or designee will set a date when another application for readmission may again be made. An administrative hold will be placed on the student’s record to prevent registration during the Disciplinary Suspension. For Student Organizations, all organizational activity, whether on or off campus, official or unofficial, must immediately cease until the conclusion of the Suspension. Suspended student organizations may not hold events or activities on campus, may not solicit or utilize University grounds or services to promote organizations or events or to recruit members, and may not utilize any other benefits or services provided to registered student organizations. The Suspension will not commence for purposes of calculating the end date of such Suspension until all activity of the organization has completely ceased, and such end date will be extended for any time in which such activities resume and/or continue during the Suspension. If an inter/national or regional organization suspends the charter of an organization, the time-limited Suspension for the student organization will be the time period of the suspended charter. Notification of Disciplinary Suspension of a student organization will indicate the date on which it begins and the earliest date the student organization’s application for registration will be considered. The ADOS/SD or designee may deny an application for registration if the organization’s misconduct during suspension would have warranted additional disciplinary action. If the student organization has failed to satisfy any sanction that was imposed prior to application for registration, the ADOS/SD or designee may deny registration to the student organization. On a denial of student organization registration, the Investigator or ADOS/SD or designee will set a date when another application for registration may again be made.

Note: For information pertaining to academic courses taken at another higher education institution during time-limited disciplinary suspension, please refer to OP 34.21.

Disciplinary Expulsion Disciplinary Expulsion occurs when the student is permanently withdrawn and separated from the University. This status of Disciplinary Expulsion will be shown permanently on the student’s academic record, including the transcript. Disciplinary Expulsion is noted on the student’s transcript by the phrase, “Expulsion” and the date in which the student’s expulsion became effective. In most instances, the notation of Disciplinary Expulsion will remain on the transcript permanently. A student has the ability to petition to remove a Disciplinary Expulsion notation in the following instance:

good cause exists to remove the notation, as determined by the ADOS/SD or designee in their sole discretion

An administrative hold will be placed on the student’s record to prevent future registration. An Expulsion for a student organization occurs when the student organization is permanently separated from the University with no opportunity for future registration as a student organization.

Conditions A condition is an educational or personal element that is assigned by an Investigator, Administrative Hearing Officer, or Hearing Panel. Costs associated with conditions may be the responsibility of the student. Some examples of conditions include, but are not limited to:

Personal and/or academic counseling intake session;

Discretionary educational conditions and/or programs of educational service to the University and/or community;

Residence hall relocation and/or contract review/cancellation of residence hall contract and/or use of dining facilities;

Restitution or compensation for loss, damage or injury, which may take the form of appropriate service and/or monetary or material replacement;

Monetary assessment owed to the University;

Completion of an alcohol or drug education program; and/or

Referral to the BASICS Program for assessment. For Student Organizations, additional conditions may include but are not limited to:

Hosting educational programs or initiatives for the organization or community related to the misconduct;

Requirements for additional training or advisement from University staff, advisory boards, or other appropriate parties;

Requirements for membership to complete online education programs or other activities;

Requirements for community service or other activities beneficial to the membership and associated with remedying the impact of behavior on the community;

Restitution or compensation for loss, damage, or injury, which may take the form of appropriate service and/or monetary or material replacement;

Requirements for completion of membership reviews and providing updated rosters; and/or

Requirements to submit information about updated and improved organizational processes such as new member education plans, or social event plans.

Restrictions A restriction is an additional component of a disciplinary sanction. A restriction is usually an educational component that is to occur in conjunction with the sanctions and will usually be time specific. Some examples of restrictions include, but are not limited to:

Revocation of parking privileges;

Denial of eligibility for holding office in registered student organizations;

Denial of participation in extracurricular activities;

Prohibited access to University facilities and/or prohibited direct or indirect contact with members of the University community; and/or

Loss of privileges on a temporary or permanent basis. For Student Organizations, additional conditions may include but are not limited to:

Revocation of organization benefits, such as eligibility for SGA funding, eligibility to reserve rooms, eligibility to solicit or hold events on campus;

Denial of participation or restrictions associated with participation in University activities as a student organization such as homecoming, intramurals, recruitment activities.

Academic Penalties In cases involving violations of Part II, section B.1 (Academic Misconduct) an academic penalty may be imposed by the referring party. Academic penalties include, but are not limited to:

Assignment of a grade for the relevant assignment, exam, or course;

Relevant make-up assignments;

No credit for the original assignment;

Reduction in grade for the assignment and/or course;

Failing grade on the assignment;

Failing grade for the course;

Dismissal from a departmental program;

Denial of access to internships or research programs;

Loss of appointment to academically based positions;

10.

Loss of departmental/graduate program endorsements for internal and external fellowship support and employment opportunities;

11.

Removal of fellowship or assistantship support.

Parental Notification Violations of Part I, sections B.3 (Alcoholic Beverages) or B.4 (Narcotics or Drugs) may result in notification to the parents/guardians of dependent students under the age of 21.

Required Notifications Some organization misconduct requires additional notifications. Texas Education Code, Chapter 51.936 indicates that institutions of higher education shall distribute to each student enrolled at the institution no later than the 14th class day of each fall and spring semester a copy of, or an electronic link to a copy of, a report on hazing committed on or off campus by an organization registered with or recognized by the institution. In accordance with Texas Education Code Section 51.936, University must develop and post in a prominent location on the University’s Internet website a report regarding hazing committed on or off campus by an organization registered with or recognized by the University. These reports, as well as the portal to submit hazing reports, are located at (https://www.depts.ttu.edu/provost/studentlife/hazing/hazingnew.php).

Note: Any student at any time may request a review of the sanctions in place in writing to the ADOS/SD or designee. Campus Hazing Transparency Report. Each component shall publish a report that summarizes the findings of Hazing that cause any Student Organization established or recognized by the University to be in violation of this policy. The information to be included in the Campus Hazing Transparency Report is further delineated below at subsection 3.d.i. *20 U.S.C. 1092(f)(9)(A) The Campus Hazing Transparency Report shall include, at a minimum, the following information for each Student Organization found to be in violation of the University’s hazing policy:

the name of the Student Organization;

a general description of the violation that resulted in a finding of responsibility;

whether the violation involved the abuse or illegal use of alcohol or drugs;

the findings of the institution;

any sanctions placed on the Student Organization by University;

the date on which the incident was alleged to have occurred;

the date on which the investigation into the incident was initiated;

the date on which the investigation ended with a finding that a hazing violation occurred; and

the date on which the University provided notice to the Student Organization that the incident resulted in a hazing violation. *20 U.S.C. 1092(f)(9)(A)(iii) (I-III) The Campus Hazing Transparency Report shall not include any personally identifiable information, including any information that would reveal personally identifiable information, about any individual student in accordance with section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974, or FERPA). *20 U.S.C. 1092(f)(9)(C) The Campus Hazing Transparency Report shall be published in a prominent location on the public website of the institution. *20 U.S.C. 1092(f)(9)(D) The Campus Hazing Transparency Report will be updated and published on December 1st and June 1st each year. *20 U.S.C. 1092(f)(9)(A)(iii) All updates to the Campus Hazing Transparency Report shall remain in the report published on the public website for no less than 5 calendar years following publication of such updates. *20 U.S.C. 1092(f)(9)(D)(iii)

Each University shall maintain a copy of each updated Campus Hazing Transparency Report for no less than 7 calendar years following publication of the Transparency Report, in accordance with applicable Federal record retention requirements. *34 C.F.R. § 668.24(e)(3)(ii) The Campus Hazing Transparency Report may include a description of the purposes of and differences between the Campus Hazing Transparency Report and the hazing statistics published in the Annual Security Report. *20 U.S.C. 1092(f)(9)(E) Each Campus Hazing Transparency Report shall summarize the prior six months of investigations and findings that were published by the University under the Texas state law requirements. *20 U.S.C. 1092(f)(9)(B)(ii)(II)

Specifically, Texas Education Code §51.936(c-1) requires postsecondary educational institutions to publish, in a prominent location on its website, a report on hazing committed on or off campus by an organization registered with or recognized by the institution.

Should a University elect to publish the report required by the Texas Education Code separately from the Transparency Report, both reports should cross reference once another since they each require publication of distinct disclosures concerning disciplinary actions initiated against student organizations in response to reports of hazing. Public Website. Each component must maintain a prominently located public website at which the following information is posted:

The Campus Hazing Transparency Report. *20 U.S.C. 1092(f)(9)(D)

A statement notifying the public of the annual availability of hazing statistics published in the University’s Annual Security Report. The statement must include a link to each component’s ASR.

Information about the University’s policies relating to hazing. *20 U.S.C. 1092(f)(9)(D)(ii)

Information on applicable local, State, and Tribal laws regarding hazing. *20 U.S.C. 1092(f)(9)(D)(ii)

Inclusion of Applicable Texas Law. Each University’s adopted hazing policy shall incorporate relevant provisions of Chapter 37, subchapter F, (§§ 37.151-157) of the Texas Education Code.

13. Appeal Procedures

A student may appeal the finding or the sanction(s) imposed in an Administrative Hearing or Panel Hearing by submitting a written petition to the ADOS/SD or designee within three (3) University working days of the delivery of the written decision. If a student selects a Sanction Only Hearing, the student may appeal the sanction and can only appeal on the following grounds, “the sanction(s) imposed substantially varies from the range of sanctions normally imposed for similar infractions.” The student may appeal by submitting a written petition to the designated appeal officer within three (3) University working days of delivery of the written decision. An appeal may not be filed on behalf of the student by a third party.

The DOS/VPSL, ADOS/SD, or designee, will select an appeal officer in each case. The designated appeal officer will be a trained University staff or faculty member who did not serve as the Investigator, as the Administrative Hearing Officer, or on the Hearing Panel in the original Conduct Process and will render a neutral, impartial, and unbiased decision.

In cases involving alleged misconduct involving Part I, section B.1 (Academic Misconduct), the designated appeal officer is the Associate Academic Dean of the college where the student is enrolled or the Associate Academic Dean of the college housing the course or program where the violation occurred. In situations where the Associate Academic Dean participated in the Hearing as the Investigator or Instructor of Record, the designated appeal officer is the Academic Dean.

Grounds for Appeal The petition must clearly set forth the grounds for the appeal, together with the evidence upon which the appeal is based. A disagreement with the decision alone shall not constitute grounds for appeal. The only proper grounds for appeal, and the only issues that may be considered on appeal are as follows:

A procedural or substantive error occurred that significantly impacted the outcome of the Hearing (e.g. substantiated bias, material deviation from established procedures, etc.);

The discovery of new evidence, unavailable during the original Hearing or review of the case, which could substantially impact the original finding or sanction (a summary of this new evidence and its potential impact must be included); or

The sanction(s) imposed substantially varies from the range of sanctions normally imposed for similar infractions.

Note: Lack of participation during any part of the Investigation or conduct process does not constitute as new evidence. In cases involving alleged misconduct involving Part I, section B.2 (Actions against Members of the University Community and Others), either the Complainant or Respondent may appeal the decision of the Office of Student Conduct. In such cases, the Office of Student Conduct will provide the written appeal to the other party and provide an opportunity for one response. Responses must be provided within three (3) University working days. The designated appeal officer will first review the appeal to determine if the appeal is timely and properly sets forth the appropriate grounds for appeal, with adequate accompanying evidence. If any of these requirements are not met, the appeal will be dismissed, and the decision will be final. The Hearing Body and/or a representative of the Hearing Body may provide a response to the appeal upon request of the appellate officer within three (3) University working days.

Appeal Decisions If the designated appeal officer determines that the sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions, the appeal identifies a procedural/substantive error, or determines the discovery of new evidence that was unavailable at the original Hearing, the appeal officer will then determine whether the error or new evidence would have substantially impacted the decision of the Administrative Hearing Officer or Hearing Panel. If the designated appeal officer determines that the error or new evidence would have substantially impacted the decision, they may:

Modify the finding and/or increase, decrease, or otherwise modify the sanctions;

Remand the case to the original Hearing Body; or

Remand the case to a new Hearing Body. The Office of Student Conduct shall make all reasonable efforts to simultaneously notify the parties of the status of the appeal throughout the appellate process and shall make all reasonable efforts to notify the student(s) of the result of their appeal using the written notification procedures outlined in Part I, section A.3 within ten (10) University working days from receipt of all responses. If necessary, the Designated Appeal Officer will notify the student should they need additional time to determine the outcome of the appeal. The decision of the designated appeal officer is final and cannot be appealed. If the designated appeal officer remands the decision to a new Hearing Body, the decision of that Hearing Body is final and may not be appealed.

Note: For information pertaining to an Intent to Appeal and delay of sanctions, please see sanction procedures.

Note: Professional students (e.g., Law School, Veterinary School) found responsible under the University's Code of Conduct by the Office for Student Conduct may appeal the decision by following the guidelines for appeal set forth in the University's Code. Professional students issued additional outcomes—secondary sanctions, stipulations, or restrictions— by their respective school’s policy may appeal the additional outcomes as detailed in their respective school’s policy.

14. Reviewing Authority

The Code of Student Conduct is reviewed every year by the Code of Student Conduct Review Committee in conjunction with the Office of Student Conduct, University Student Housing, and DOS/VPSL. The Code of Student Conduct Review Committee will conduct an annual review of the Code of Student Conduct and make recommendations to the Vice Provost for Student Life regarding omissions, clarifications, constructive changes, and other matters relevant to the proper interpretation and operation of the Code of Student Conduct. The Vice Provost for

Student Life will then present the Code of Student Conduct for review and consideration by the TTUS Board of Regents.

15. Conduct Files and Record

All records related to the disciplinary process will remain on file in the Office of Student Conduct or University Student Housing for a minimum of seven (7) years from the date the case is completed through an Informal Conference, Administrative Hearing, or Panel Hearing and/or Conduct Appeal Procedures in Part I, section C.5. All records related to the disciplinary process resulting in suspension and/or expulsion will remain on file indefinitely.

Section D. Civil Rights Misconduct Procedures for Students

The University is committed to providing and strengthening an educational, working, and living environment where students, faculty, staff, and visitors are free from discrimination (including sex), harassment, and/or retaliation. Texas Tech prohibits discrimination based on sex (which includes pregnancy), and other types of Sexual Misconduct. Sexual Misconduct includes Title IX Sexual Misconduct, sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercourse, sexual assault, sexual exploitation, stalking, public indecency, interpersonal violence, sexual violence, and any other misconduct based on sex. Any acts that fall within the scope of this policy hereinafter are referred to as Sexual Misconduct. Title VI Misconduct includes discrimination based on race, color, or national origin (including shared ancestry). Non-Title VI Misconduct includes discrimination based on any other protected class (i.e., religion, age, disability, veteran status, and genetic information). Discriminatory behavior is prohibited regardless of the manner in which it is exhibited, whether verbally, in writing, by actions, or electronically displayed or conveyed.

This section provides information regarding the University’s prevention and education efforts related to Civil Rights Discrimination and Misconduct. This policy, in conjunction with TTU System Regulations 10.01, 10.03, 10.05, 10.06, and 07.21 provides students with their rights and options and also explains how the University will proceed once it is made aware of allegations of prohibited conduct in keeping with the University’s values and in order to meet the legal obligations of Title IX, the Violence Against Women Act (VAWA), the Campus Sexual Violence Elimination Act (SaVE), the Clery Act, Texas Education Code, 34 CFR Part 106, and other applicable law. Any conflict among the policies set forth in this Handbook and System Regulations shall be resolved by System Regulations.

These policies apply to all University students. The University will respond to any Misconduct and restore or preserve equal access to the University’s Education Program or Activities, as appropriate.

All investigations and procedures will be conducted in a reasonably prompt timeframe of 120 business days, and in an equitable and impartial manner. Investigations conducted under this policy are not criminal investigations. For all complaints under this policy, the burden of proof shall be a preponderance of the evidence, which means more likely than not.

The University expects all members of the University Community to comply with applicable laws, System Regulations, and University policies. Members of the University Community who violate these policies and laws may be subject to disciplinary action or sanctions, up to and including termination of employment, expulsion from the University, or being barred from University premises and events.

In accordance with federal and state laws, the University has adopted two distinct policies and procedures for responding to reports of Sexual Misconduct. The applicable policy is based on the

nature, context, and location of the alleged conduct. Title IX Sexual Misconduct is addressed in accordance with System Regulation 10.01.A, and Non-Title IX Sexual Misconduct is addressed in accordance with System Regulation 10.01.B. The Title IX Coordinator or designee will assume responsibility for determining which policy should be utilized to address a report of Sexual Misconduct and will coordinate the appropriate processes.

1. Definitions

For purposes of this policy, the definitions below apply. However, some of these terms are also defined under state law. If a person would like to file criminal charges for any alleged violations of criminal law, the definitions as set forth in state law may apply.

Actual Knowledge- Notice of Title IX Sexual Misconduct or allegations thereof to the University’s Title IX Coordinator or Deputy Coordinators.
Affected Individual- A person who is directly (Complainant) or indirectly affected by conduct, while participating in an education program or activity that could constitute a violation of Title VI or Non-Title VI Misconduct.
Color- A person's skin pigmentation, complexion, shade, or tone.
Complainant- An individual who was alleged to be the victim of conduct that could constitute Misconduct.
Consent- Mutually understandable words or actions, actively communicated both knowingly and voluntarily, that clearly conveys permission for a specific activity.
1. Consent is not effective if it results from: (a) the use of physical force, (b) a threat of physical force, (c) intimidation, (d) coercion, (e) incapacitation, or (f) any other factor that would eliminate an individual’s ability to exercise their own free will to choose whether or not to engage in sexual activity.
2. Before engaging in any type of sexual activity, it is the initiator’s responsibility to obtain their partner’s consent, either verbally or non- verbally. Silence cannot be assumed to express consent and saying “NO” is not the only way a sexual partner may communicate lack of consent. A partner may use non-verbal cues to indicate their lack of consent for any sexual activity. Some examples of nonverbal communication that demonstrate lack of consent include:
  1. Resistance: pushing hands away, pulling away from partner
  2. Body going limp or freezing up
  3. Crying
  4. Wincing
3. Other points regarding Consent:
  1. A person is not required to actively resist their aggressor.
  2. A person’s intentional use of alcohol/drugs neither negates nor diminishes the initiator’s responsibility to acquire consent before engaging in sexual activity.
  3. Consent has an expiration date. Consent on Thursday does not mean consent on Friday.
  4. A prior existing sexual relationship between consenting adults does not imply future consent to engage in sexual activities. This is true even in marriage or other long- term sexual relationships.
  5. A person CANNOT consent to sexual activity when they are incapacitated. Engaging in sexual activity with someone you know or reasonably should know is incapacitated is a violation of this policy. The question of what the Respondent should have known is objectively based on what a reasonable person would have known about the condition of the Complainant.
Education Program or Activity- Includes locations, events, or circumstances over which the University exercised substantial control over both the Respondent and the context in which the Title IX or Title VI Misconduct occurred.
Employee – Any person who receives a W-2 or 1042-S from the University, including full- and part-time faculty, staff, and students. An employee is working in the course and scope of their employment if the Employee is performing duties in the furtherance of the University’s interests.
Fondling- The intentional touching of the clothed or unclothed body parts of the victim without the consent of the victim, for the purpose of sexual degradation, gratification, or humiliation. The forced touching by the victim of the actor’s clothed or unclothed body parts, without the consent of the victim, for the purpose of sexual degradation, gratification, or humiliation This includes instances where the victim is not capable of giving consent
Formal Complaint – Document filed by a Complainant or signed by the University’s Title IX Coordinator alleging Sexual Misconduct against a Respondent and requesting that the University investigate the allegation of Sexual Misconduct.
Grievance Process – The process of addressing Formal Complaints of Sexual Misconduct before the imposition of any disciplinary or other actions that are not Supportive Measures against a Respondent.
Incapacitation – A state of being that prevents an individual from having capacity to give consent. Incapacitation includes, but is not limited to:
1. Age: A minor cannot consent to engage in sexual activity. In Texas, the legal age of consent is 17.
2. Intellectual or other Disability: A person with a mental disorder or other cognitive issue which prohibits them from making an informed decision lacks capacity to consent to engage in sexual activity.
3. Physical Incapacitation: A person who is asleep, unconscious, and/or intoxicated to the point of no longer understanding or controlling their actions cannot consent to engage in sexual activity.
Informal Resolution- An alternative to the Grievance Process that may be offered and facilitated by the University following the filing a Formal Complaint (Title IX) or resolving a report (Title VI) and upon the voluntary, written consent of the parties.
Investigative Report- A report that summarizes the relevant evidence based upon the completion of an Investigation conducted under the Grievance Process.
National Origin- A place where an individual or their ancestors are from and any shared physical, cultural, or linguistic characteristics of that place. Protections against national origin discrimination extend to individuals who experience discrimination, including harassment or related retaliation, based on an individual's actual or perceived: (i) shared ancestry or ethnic characteristics, or (ii) citizenship or residency in a country with a dominant religion or distinct religious identity. National origin discrimination does not include discrimination based solely on religion. Discrimination based on national origin may include ethnic or ancestral slurs or stereotypes; harassment based on how individuals look or dress in ways linked to ethnicity or ancestry (e.g., skin color, religious attire); and discrimination based on language associated with a shared ancestry, including an individual's accent or name.
Non- Title IX Sexual Misconduct
1. Interpersonal Violence – For purposes of this policy, Interpersonal Violence is:
  1. Domestic or Family Violence – Abuse or violence committed by a current or former spouse or intimate partner of the Complainant, by a person with whom the Complainant shares a child in common, by a person with whom the Complainant is cohabiting (or has cohabited) with a spouse or intimate partner, by a person similarly situated to a spouse of the Complainant under the domestic or family violence laws of the state of Texas, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the state of Texas.
  2. Dating Violence – Abuse or violence, or a threat of abuse or violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship will be determined based on the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. A casual acquaintanceship or ordinary socializing between two individuals does not constitute a romantic or intimate relationship. This definition does not include acts covered under Domestic or Family Violence
2. Sexual Assault – Sexual contact or intercourse with a person without the person’s consent, including sexual contact or intercourse against the person’s will or in a circumstance in which the person is incapable of consenting to the contact or intercourse. Sexual Assault includes:
  1. Nonconsensual Sexual Contact – Intentional sexual touching, however slight, with any object or part of one’s body of another’s private areas without consent. Sexual Contact includes:
    1. Intentional contact with the breasts, buttock, groin, or genitals;
    2. Touching another with any of these body parts;
    3. Making another touch you or themselves with or on any of these body parts; or
    4. Any other intentional bodily contact in a sexual manner
  2. Nonconsensual Sexual Intercourse – Sexual penetration or intercourse, however slight, with a penis, tongue, finger, or any object, and without consent. Penetration can be oral, anal, or vaginal. This can include intentional removal of a condom or other protective measure during intercourse without the consent of the partner.
3. Sexual Exploitation- Taking nonconsensual or abusive sexual advantage of another for the benefit of oneself or a third party. Prohibited behavior includes, but is not limited to:
1. Purposeful recording, distribution, or dissemination of sexual or intimate images or recordings of another person without that person’s full knowledge or consent;
2. Sexual voyeurism;
3. Inducing another to expose one’s genitals or private areas;
4. Prostituting another; or
5. Knowingly exposing someone to or transmitting a sexually transmitted disease without the party’s full knowledge and consent.
1. Sexual Harassment- unwelcome, sex-based verbal or physical conduct that in the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student’s ability to participate in or benefit from educational programs or activities.
2. Stalking- A course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or would cause that person to suffer substantial emotional distress. A “course of conduct” means two or more acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Non-Title VI Misconduct- Discrimination or harassment based on or related to religion, age, disability, protected veteran status, genetic information, or any other protected category, class, or characteristic under applicable law.
Public Indecency- Engaging in private or sexual acts in a publicly viewable location such that is offensive to accepted standards of decency including, but not limited to:
1. Exposing one’s genitals or private areas
2. Public Urination
3. Defecation
4. Public sex acts
Race- A person's actual or perceived race, or association with a person of a certain race. Protections against race discrimination extend to individuals who experience discrimination based on a person's actual or perceived race, association with a person of a certain race, and physical appearance and/or physical characteristics (such as hair texture, skin color, or certain facial features).
Reporting Party- A person or entity (in the case of the University), other than the Complainant, who reports an alleged violation of this policy.
Respondent- An individual who has been reported to be the perpetrator of conduct that could constitute Sexual Misconduct.
Revocation of Consent- One partner can revoke their consent at any time. Revocation must be clearly communicated verbally and/or non- verbally. Once a partner has revoked consent, sexual activity must stop. If sexual activity continues after the other partner has revoked their consent, a sexual assault has occurred.
Sexual Assault with an Object- To use an object or instrument to penetrate, however slightly, the genital area or anal opening of the body of another person without the consent of the victim, including instances where the victim is not capable of giving consent.
Sex Discrimination- An act that deprives a member of the University Community of their rights of access to campuses and facilities and of participation in education, services, programs, operations, employment, benefits, or opportunities with the university on the basis of the person’s sex.
Sexual Misconduct- A broad term encompassing all forms of sex-based harassment or discrimination and unwelcome behavior of a sexual nature. The term includes sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercourse, sexual assault, sexual exploitation, stalking, public indecency, interpersonal violence, sexual violence, and other misconduct based on sex.
Sodomy- Oral or anal sexual intercourse with another person, without the consent of the victim, including instances where the victim is not capable of giving consent.
Supportive Measures- Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the Complainant or Respondent before or after the filing of a Formal Complaint or where no Formal Complaint has been filed.
Title IX Sexual Misconduct – Conduct that allegedly occurred against a person in the United States, in a University’s Education Program or Activity, on the basis of sex, and that satisfies one or more of the following:
1. Sexual Harassment that is:
  1. Quid Pro Quo. A University employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct;
  2. Severe, Pervasive, and Objectively Offensive Conduct. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education program or activity. Without limiting the foregoing, the following types of conduct are deemed to meet this severe, pervasive, and objectively offensive standard:
    1. “Sexual Assault” as defined in 20 U.S.C. 1092(f)(6)(A)(v);
    2. “Dating Violence” as define5d in 34 U.S.C. 12291(a)(10)
    3. “Domestic Violence” as defined in 34 U.S.C. 12291(a)(8) or
    4. “Stalking” as defined in 34 U.S.C. 12291(a)(30).
Title VI Misconduct-

(1) Title VI Misconduct includes discrimination, harassment, or related retaliation on the basis of race, color, or national origin including shared ancestry and ethnic characteristics, as protected by Title VI, whether it occurs on or off campus, on social media, or involves students, University personnel, and/or members of the public who enter the University’s campus.

(2) Hostile Environment harassment is another form of intentional discrimination prohibited by Title VI and considered Title VI Misconduct under this regulation. A Hostile Environment is created when, based on the totality of the circumstances, the conduct is unwelcome; is based on race, color, or national origin, including shared ancestry or ethnic characteristics; is subjectively and objectively offensive; and so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity.

University Community- All faculty, staff, students of and visitors to any University premises or University-affiliated activity.

2. Office of Institutional Compliance Staff

The Office of Institutional Compliance houses Student Civil Rights & Sexual Misconduct (SCRSM), Clery Act Compliance, HIPAA Compliance, and Youth Protection. SCRSM will investigate complaints of Sexual Misconduct by or between students. (Please note, some campus partners refer to SCRSM as “the Title IX Office.”) The Texas Tech University System Office of Equal Opportunity (OEO) will be the primary Investigators for complaints of Sexual Misconduct by or between employees.

OIC/SCRSM staff includes the Title IX Coordinator, Deputy Title IX Coordinator, Case Managers, Pregnancy and Parenting Liaison, Investigators, CARE (Campus Advocacy, Response and Education) Coordinators, Deputy Compliance Officer, Clery Compliance Officer, Youth Protection Officer, Training and Outreach/ Hearing Coordinator, and a Business Coordinator. Information provided to OIC/SCRSM is considered private and is only shared with other campus officials in the event of an emergency, or an educational need to know. Reports are only shared with law enforcement with the express consent of the student involved, or through a lawfully issued subpoena.

Title IX Coordinator – A trained University staff member who oversees the University’s compliance with Title IX and other applicable state/federal laws. The University has also designated a Deputy Title IX Coordinators to assist with the day-to-day function of the Title IX Office.
Deputy Title IX Coordinator- The University official in charge of oversight of investigation and supportive measures for students.
Case Manager– A trained University staff member whose role is to respond to all Civil Rights Misconduct reports. The Case Manager conducts Intake meetings with the Complainant and Respondent, coordinates all Supportive Measures and remedies for students involved in Civil Rights Misconduct cases, and assists students with anonymous reporting. The Case Manager oversees the University’s compliance in offering assistance to involved parties.
Pregnancy and Parenting Liaison- The University official who assists student that may be pregnant and parenting and may be a partner to the pregnant person. The Pregnancy and Parenting Liaison helps students get connected to on-campus and off-campus support and discusses all available options and assistance available.
Investigator – A trained University staff member whose role is to conduct a thorough, reliable, and equitable investigation and compile the information gathered into an Investigation Report. Investigators may facilitate Informal Resolutions when requested by the parties involved in the case. In cases heard by a Hearing Panel, the Investigator will present the information and evidence obtained through the Investigation to the Panel. Investigators are assigned to cases by the Title IX Coordinator or Deputy Title IX Coordinator.
CARE Coordinators – CARE Coordinators are graduate students who, in conjunction with the Case Manager, connect students with resources after a referral is made to SCRSM. They serve as a student’s primary point of contact. CARE Coordinators are trained to work with both Complainants and Respondents, but each Coordinator will only work with one party in a case. CARE Coordinators review and clarify process and policies, reporting options and available resources; attend meetings as a support person; review documents and materials from the investigation, report, Hearing, decision letters and sanctioning as requested; and provide general support and a safe listening space. CARE Coordinators can assist students in filing anonymous reports but are not a confidential resource. CARE Coordinators do not provide legal guidance or serve as Title IX Advisors.
Deputy Compliance Officer- The University official in charge of oversight of compliance efforts for students.
Clery Compliance Officer- The University official in charge of oversight of Clery Act Compliance and Crime Statistics reporting.
Youth Protection Officer- The University official in charge of oversight of campus programs involving minors.
Training and Outreach/Hearing Coordinator- A trained University staff member who oversees training and outreach activities for the campus community. The Title IX Training and Outreach Coordinator also serves as the Hearing Coordinator and a member of the Case Management Team.
Business Coordinator- A staff member who assists with day-to-day operations of the office.

3. Civil Rights Misconduct Allegations

The following constitute allegations that may be assigned under the Civil Rights Misconduct Policy. Attempted behavior relating to these allegations may also be assigned under this policy.

Title IX Sexual Misconduct – Conduct that allegedly occurred against a person in the United States, in the University’s Education Program or Activity, on the basis of sex, and that satisfies one or more of the following:
1. Sexual Harassment-
  1. Quid Pro Quo. A University Employee conditioning the provision of an aid, benefit, or service of the University on an individual’s participation in unwelcome sexual conduct.
  2. Severe, Pervasive, and Objectively Offensive Conduct. Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the university’s Education Program or Activity. Without limiting the above-mentioned, the following incidents are deemed to meet the Severe, Pervasive, and Objectively Offensive standard:
    1. “Sexual Assault” as defined in 20 U.S.C. § 1092(f)(6)(A)(v)
      1. Forceable sex offense- any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent including (a) Rape, (b) Sodomy, (c) Sexual Assault with An Object, and (d) Fondling.
      2. Nonforcible sex offense- (a) Incest, (b) Statutory Rape
    2. “Dating Violence” as defined in 34 U.S.C. § 12291(a)(10)
    3. “Domestic Violence” as defined in 34 U.S.C. § 12291(a)(8)
    4. Stalking as defined in 34 U.S.C. § 12291(a)(30)
Non-Title IX Sexual Misconduct
1. Intimate Partner/ Relationship/Dating Violence- For the purpose of this policy, Interpersonal Violence is:
  1. Domestic or family violence is abuse or violence committed by a (1) current or former spouse or intimate partner of the Complainant, (2) person with whom the Complainant shares a child in common, (3) person who is cohabitating (or has cohabited) with the Complainant as a spouse or intimate partner, (4) person similarly situated to a spouse of the Complainant under state/local law, or (5) any other person against an adult or youth who is protected by that person’s acts under the state/local domestic or family violence laws.
  2. Dating violence is abuse or violence, or a threat of abuse or violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. The existence of such a relationship will be determined based on the type and length of the relationship and the frequency of interaction between the person’s involved in the relationship. A casual acquaintanceship or ordinary socializing between two individuals does not constitute a romantic or intimate relationship. This definition does not include acts covered under Domestic or Family Violence.
  3. Verbal abuse must be sufficiently severe, persistent, or pervasive that it adversely affects the Complainant’s education or creates an intimidating, hostile, abusive or offensive educational environment which interferes with the student’s ability to realize the intended benefits of the University’s resources and opportunities.
2. Nonconsensual Sexual Contact- Intentional touching, however slight, and with any object or part of one’s body of another’s private areas without consent. Sexual Contact includes:
  1. Intentional contact with the breasts, buttock, groin, or genitals;
  2. Touching another with any of these body parts;
  3. Making another touch you or themselves with or on any of these body parts; or
  4. Any other intentional bodily contact in a sexual manner, including Fondling.
3. Nonconsensual Sexual Intercourse- Sexual penetration or intercourse, however slight, with a penis, tongue, finger, or any object without consent. Penetration can be oral, anal, or vaginal. Nonconsensual Intercourse includes the intentional removal of a condom or other protective measure during intercourse without the consent of a partner.
4. Public Indecency- Engaging in private or sexual acts in a publicly viewable location, such that it is offensive to accepted standards of decency. Including, but not limited to exposing one’s genitals or private area(s), public urination, defecation, and/or public sex acts.
5. Sexual Exploitation- Taking non-consensual or abusive sexual advantage of another for the benefit of oneself or a third party. Prohibited behavior includes, but is not limited to:
  1. Photography or video recording of another person in a sexual, intimate, or private act without that person’s full knowledge and consent;
  2. Purposeful distribution or dissemination of sexual or intimate images or recordings of another person without that person’s full knowledge and consent;
  3. Sexual voyeurism;
  4. Inducing another to expose one’s genitals or private areas;
  5. Prostituting another student;
  6. Knowingly exposing someone to or transmitting a sexually transmitted infection without the party’s full knowledge and consent.
6. Sexual Harassment- Unwelcome sex-based verbal, written, or physical conduct when: (1) Submission to such conduct is made either explicitly or implicitly a term or condition of employment or education; (2) Submission to or rejection of such conduct is used as a basis for decisions affecting employment or education; or (3) Such conduct has the purpose or effect of interfering with the individual’s work or educational performance or of creating an intimidating, hostile, or offensive working or educational environment. To constitute an intimidating, hostile, or offensive working or educational environment, the complained of conduct must be either severe, persistent, or pervasive.
7. Stalking- A course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or would cause that person to suffer substantial emotional distress.
  1. “Course of conduct” means two or more acts in which a person directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property.
  2. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Title VI Misconduct

(1) Title VI Misconduct- discrimination, harassment, or related retaliation on the basis of race, color, or national origin including shared ancestry and ethnic characteristics, as protected by Title VI, whether it occurs on or off campus, on social media, or involves students, University personnel, and/or members of the public who enter the University’s campus.

(2) Hostile Environment harassment- a Hostile Environment is created when, based on the totality of the circumstances, the conduct is unwelcome; is based on race, color, or national origin, including shared ancestry or ethnic characteristics; is subjectively and objectively offensive; and so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the University’s education program or activity.

Non-Title VI Misconduct
1. Discrimination or harassment based on or related to religion, age, disability, protected veteran status, genetic information, or any other protected category, class, or characteristic under applicable law. The conduct is sufficiently severe, pervasive, and objectively offensive that it adversely affects the victim’s education or creates an intimidating, hostile, abusive or offensive educational environment which interferes with the student’s ability to realize the intended benefits of the University’s resources and opportunities.
Retaliation- Any intentional, adverse action taken by an individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant [or supporter of a participant] in a conduct process, civil rights grievance proceeding, or other protected activity.
Complicity or Knowingly Present
1. Assisting via acts or omissions another student, individual, or group in committing or attempting to commit a violation of the Code of Student Conduct
2. Complicity with or failure of any organized group to address known or obvious violations of the Code of Student Conduct by its members.
3. Any person who is knowingly present for the commission of a violation of the Code of Student Conduct and does not take steps to remove themselves from the location of the violation.
Failure to Comply
1. Failure to comply with reasonable directives of a University official acting in the performance of their duties.
2. Failure to present student identification on directive or identify oneself to any University official acting in the performance of their duties.
3. Any intentional, retaliatory, or adverse action taken by a Respondent, individual, or third party, absent legitimate nondiscriminatory purposes, against a party or supporter of a party to a Misconduct or Sexual Misconduct proceeding or other protected activity under this Code of Student Conduct.
4. Failure to comply with the sanctions imposed by the University under the Code of Student Conduct or the Student Handbook.
Academic Misconduct
1. Falsifying University Records (non-exhaustive definition)
  1. Alteration (including the assisting in the altering or attempted alteration of) or fabrication of any official record of the University.
  2. Omitting requested information required for or related to any official record of the University.
2. Misrepresenting Facts (non-exhaustive definition)
  1. Misrepresenting personal or academic information in an effort to obtain a benefit for oneself or another individual and/or to injure or disadvantage another student.

NOTE: Examples include, but are not limited to: fabricated, altered, misleading, or falsified documentation for medical excuses; family and personal emergencies; and signing into class and failing to remain the entire time.

Unfair Academic Advantage (non-exhaustive definition)
1. Any other action or attempted action that may result in creating an unfair academic advantage for oneself and/or advantage/disadvantage for another student that is not enumerated in items above.

Actions Against Members of the University Community and Others
1. Disruptive and/or Obstructive Conduct

Intentional or reckless behavior that disrupts or obstructs University operations, including but not limited to the cessation or temporary cessation of teaching, research, administration, University activities, and/or other activities on University’s campus.

Harmful, Threatening, or Endangering Conduct

Intentional or reckless behavior that harms, threatens, or endangers the health or safety of self or others.

Assault

Intentionally, recklessly, or knowingly causing physical harm to another individual and/or causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or as harmful.

Threats

Any act or communication (written, oral, or otherwise) a reasonable person would interpret as a serious expression of intent to injure the health, safety, or property of a person(s) and/or inflict bodily harm upon a person(s), including intimidation to cause injury, implied threats or acts that cause a reasonable fear of harm. This includes mutual threats of violence between students.

NOTE: Examples may include but are not limited to, threats of mass violence, issuing a bomb threat, constructing mock explosive devices, etc., against any person, group of people, or property. The exercise of rights protected under the First Amendment shall not be considered violations of the Code of Student Conduct.

Mutual Combat

Any incident between two or more individuals in which physical violence takes place. NOTE: Claims of self-defense may be evaluated as a mitigating factor on a case-by-case basis and may still be investigated by SCRSM.

Firearms, Weapons and Explosives

Unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals, or use of any item in a manner that attempts to harm or does others harm.

Theft, Damage, and Unauthorized Use
1. Attempted or actual theft of property or services, including, but not limited to property or services of the University, other University students, other members of the University community, campus visitors or others.
2. Possession of property known to be stolen or belonging to another person without the owner’s permission.
3. Attempted or actual damage to property including, but not limited to property owned or leased by the University, by other University students, by other members of the University community, by campus visitors or others.
4. Failure to meet financial obligations owed to the University, or components owned or operated by the University, including but not limited to, issuing payment to your student financial account from accounts with insufficient funds.
5. Possession, alteration, forgery, misrepresentation, or use of any form of identification, not belonging to you or used for the purpose originally issued.
Providing False Information or Misuse of Records

Violation of Published University Policies, Rules, or Regulations

Violation of any published University policies, rules or regulations that govern student or student organization behavior, including, but not limited to, violations of:

Transportation & Parking Services
University Student Housing
Recreational Sports
Student Organization and Fraternity and Sorority Life
Texas Tech University Board of Regents’ Rules
Texas Tech University Operating Policies and Procedures
Community Policies of the Student Handbook
TTU Athletics
Texas Tech University System Regulations

Violation of Federal, State, Local Law and/or University Policy

Misconduct which may constitute a violation of federal, state, or local laws and/or other University policies may be considered a violation of the Code of Student Conduct and may be investigated through the University conduct system. A lack of conviction in any criminal proceeding will not, in and of itself, be determinative in a University conduct proceeding.

Abuse of the Discipline System
1. Falsification, distortion, or misrepresentation of information in disciplinary proceedings.
2. Disruption or interference with the orderly conduct of a disciplinary proceeding.
3. Filing an allegation known to be without merit or cause.
4. Discouraging or attempting to discourage an individual’s proper participation in or use of the disciplinary system.
5. Influencing or attempting to influence the impartiality of a member of a disciplinary body prior to and/or during and/or after the disciplinary proceeding.
6. Influencing or attempting to influence another person to commit an abuse of the disciplinary system.

4. Reporting Civil Rights Misconduct

All employees, including student employees, who in the course and scope of employment witness or receive information regarding a possible incident of Sexual Misconduct (sexual harassment, sexual assault, dating violence, or stalking) against a student, employee, or visitor to the institution shall promptly report the incident to the Title IX Coordinator or Deputy Coordinators. Employees should likewise report possible Title VI Misconduct to SCRSM or OEO. While not required, students are strongly encouraged to report any incident of Sexual Misconduct or Title VI Misconduct to the University, including incidents in which the student was a victim.

Students may also report incidents of Sexual Misconduct or Title VI Misconduct to law enforcement, including University and local police. Complainants may choose to notify law enforcement and will be provided the assistance of the Title IX Coordinator, Deputy Title IX Coordinator, Case Manager, CARE Coordinator, or Investigator in contacting these authorities if the individual wishes. Parties may also choose not to notify law enforcement of incidents. A student who experiences sexual or dating violence is encouraged to seek medical care for treatment and preservation of evidence, if applicable, as soon as possible after the incident. Preserving DNA evidence can be key to a sexual violence case. Students can undergo a sexual assault forensic exam (SAFE) performed by a sexual assault nurse examiner (SANE) to preserve physical evidence with or without police involvement. If possible, this should be done immediately. If an immediate medical exam is not possible, a SANE may still collect evidence up to 4 days following a sexual assault. With the examinee’s consent, the physical evidence collected during this medical exam can be used in a criminal investigation. To undergo a SAFE, go to University Medical Center or Covenant Hospital.

Anyone who experiences any form of Misconduct should also preserve other evidence relevant to the incident reported, such as items of clothing, photographs, phone records, text messages, social media activity, computer records, and other documents.

Making a Report

At Texas Tech, students can make a report in a variety of ways. Reports are private, and will not be shared with law enforcement, other students, faculty, non-SCRSM staff or parent/family members without express consent.

Filing an incident report (a report that is not a Formal Complaint) allows the institution to provide Supportive Measures to all Parties and does not necessarily result in the initiation of a Grievance Process. Students who report incidents involving themselves will be offered individualized Supportive Measures.
Filing an incident report online: A report can be made by visiting the online reporting form via the University Title IX & Sexual Misconduct website (http://www.depts.ttu.edu/titleix/students/Report_an_Incident.php). The Title VI report is also available at this address. Reports can also be completed anonymously. Please note that reporting anonymously may limit the university’s ability to stop the alleged conduct, collect evidence or initiate the Grievance Process.
Contacting a SCRSM staff member directly: Meet with a staff member in person, speak over the phone, or communicate via email. Staff members can answer questions about the policies/procedures and describe options available to students.
1. Title IX Coordinator- Doak Hall Suite 129; 806.742.7233, titleix@ttu.edu
2. Deputy Title IX Coordinator- Doak Hall Suite 129; 806.742.7233, titleix@ttu.edu
3. Case Manager- Doak Hall Suite 129; 806.742.7233, titleix@ttu.edu
4. CARE Coordinators- Doak Hall Suite 129; 806.742.7233, titleix@ttu.edu
Complete a report via mail: Reports of incidents of Sexual Misconduct may be mailed to SCRSM, Box 45063, Lubbock, TX 79409.
Make an anonymous report: Staff members are available to assist a student in making an anonymous report. Anonymous reports can help put a student in touch with resources even if they are not sure they would like to proceed with formal reporting and investigation procedures. Anonymous reports can be made through the Case Manager and CARE Coordinators in SCRSM. Staff members can be reached by calling 806.742.7233 or visiting Doak Hall, Suite 129.
Make a confidential report: Students may make a confidential report to licensed clinical and/or mental health professionals acting in their professional roles. These employees are encouraged to provide their students with information and guidance regarding University reporting options and available resources but will not report or otherwise refer incidents to SCRSM without the student’s express permission. Confidential reports may be made to the Student Counseling Center, the Family Therapy Clinic, the Psychology Clinic, and Student Health Services on campus. Students can make confidential reports off campus to Voice of Hope, and other licensed clinical and mental health providers.

While there is no deadline to file a report, to promote timely and effective review, the University strongly encourages individuals who believe they have experienced Misconduct to come forward promptly with their complaints and to seek assistance from the University. Delays in reporting can greatly limit the University’s ability to stop the Misconduct, collect evidence, and/or take effective action against individuals or organizations accused of violating the policy.

NOTE: if a Respondent has left campus, either by withdrawing or graduating, prior to a report being filed, the University’s ability to investigate and/or adjudicate may be limited.

5. Supportive Measures

The University may take immediate action to eliminate hostile environments and address any effects on the Complainant and community prior to the initiation of any Investigation and/or formal Grievance Process. These measures will be taken to minimize the burden on the Complainant while respecting the due process rights of the Respondent. Supportive Measures for involved students may include, but are not limited to, counseling services, medical assistance, modifications to on-campus housing, modifications to parking permissions, academic support referrals, modifications to academic or work situations, instituting a No Contact Order between the parties in a complaint, and reporting criminal behavior to the Texas Tech Police Department, Lubbock Police Department, or other local law enforcement agency. Additionally, the University may pursue Emergency Removal, altering the University status of the Respondent. Other Supportive Measures may be implemented and will be evaluated on a case- by-case basis. Supportive Measures may be kept in place through the conclusion of any review, Investigation, resolution, or Appeal process. Supportive Measures can be implemented regardless of whether or not the Complainant pursues a Formal Complaint or criminal action. SCRSM is available to help students understand the Grievance Process and identify resources.

Supportive Measures may be implemented after a determination of responsibility in Grievance Proceedings to restore and preserve equal educational opportunities to the Complainant.

Complainants and Respondents who are the subjects of a reported incident of Sexual Misconduct (sexual harassment, sexual assault, dating violence, or stalking) will be allowed to drop a course in which they are both enrolled without any academic penalty.

No Contact Order

When initial inquiry indicates persistent and potentially escalating conflict between members of the University Community, a No Contact Order may be issued as a remedial, non-punitive deterrent to further conflict or situational complication. A No Contact Order will be issued by SCRSM via the student’s official Texas Tech email. The notice serves as an official directive that the student(s) have no contact with the other listed parties. Contact cannot occur in person, by telephone, email, text message or other electronic means of communication, or through a third party (other than an attorney). Should contact need to occur, the student should coordinate with the Case Manager or Investigator. This notice may also come with other information related to changes in class schedule or other restrictions to facilitate the No Contact Order.

Failure to comply with the No Contact Order may result in disciplinary action, including possible suspension or expulsion. Violations of No Contact Orders may also result in Emergency Removal pending the completion of a Grievance Process. The term of a No Contact Order is one year from the date of issuance, or the graduation of one or both parties, whichever comes first.

SCRSM staff will make all reasonable efforts to communicate directly with students prior to the issuance of a No Contact Order. A No Contact Order will not be issued in incidents involving a Complainant or Respondent who is not a student at the University.

Emergency Removal

The University shall conduct an individualized safety and risk analysis to determine if an individual poses an immediate threat to the physical health or safety of any student or other individual arising from the allegations of Sexual or Title VI Misconduct that justifies removal. Where the University finds that a Respondent poses an immediate threat to the physical health or safety of any student or individual, the University may remove the Respondent prior to the conclusion of the Grievance Process to protect the safety of the University Community where an immediate threat exists. The University shall provide the Respondent with notice and an opportunity to challenge the decision in writing to the Title IX Coordinator immediately following the removal. The University maintains discretion in altering and removing terms of the Emergency Removal.

Regardless of the outcome of any challenge, the University may still proceed with an Investigation and adjudication.

Through an Emergency Removal, a student may be denied access to University Student Housing and/or the University campus/facilities/events. As determined appropriate by the Title IX Coordinator or designee, this restriction may include classes and/or all other University activities or privileges for which the student might otherwise be eligible. At the discretion of the Title IX Coordinator or designee and with the approval of, and in collaboration with, the appropriate Dean(s), alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student.

Students are informed of the Emergency Removal by the official notice procedures outlined in this section. Emergency Removal is not a sanction. It is taken in an effort to protect the safety and well-being of the Complainant, Respondent, and/or other members of the University Community. Emergency Removal is preliminary in nature; it is in effect only until the Grievance Process has been completed. However, violations of Emergency Removal may result in additional allegations of the Code of Student Conduct.

The Title IX Coordinator or designee will initiate the appropriate Grievance Process to address the disruptive behavior within three (3) University working days from the date of Emergency Removal. Initiation of the appropriate Grievance Process includes but is not limited to informing parties that an investigation has begun via a “Notice of Formal Complaint” letter.

Non-Student Supportive Measures

SCRSM, in conjunction with the Texas Tech Police Department, may issue a Criminal Trespass to any individual(s) or guest of the University whose presence could significantly disrupt the normal operations of the University, or who is alleged to have violated University policies and/or is deemed to pose a threat to the physical and/or emotional well-being of a student or other members of the University Community.

Note: Students of Texas Tech University may be held responsible for actions of their guests.

6. Rights and Responsibilities

Prior to participating in the Grievance Process, a student will be provided a Student Rights andResponsibilities document. This document will be reviewed and acknowledged by the student prior to an interview with the Investigator. The Student Rights and Responsibilities document informs the student of their rights to be exercised before and during the Grievance Process.

Subject to applicable law, information gathered by the University during the course of the Investigation and Grievance Process may only be shared with faculty, staff, students, and/or advisors who are directly involved in the incident or necessary to the Grievance Process.

Information gathered may also be disclosed in compliance with a judicial order or lawfully issued subpoena.

Involved parties have the right to, and are encouraged to, be accompanied by an advisor of their choice during all meetings, proceedings, and/or disciplinary Hearings at which the individual is present. CARE Coordinators may also attend any meeting or Hearing in addition to the student’s advisor.

A student has the right to:
1. A reasonably prompt, fair, and equitable process. The process for addressing a Formal Complaint under the Grievance Process will be concluded within the reasonably prompt timeframe of 120 business days. There may be certain circumstances that allow for limited extensions of this timeframe for good cause. For such extensions of time or delays, there must be written notice to both the Complainant and Respondent of the delay/extension and the reason for the action;
2. A presumption that the Respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of the Grievance Process;
3. File a Formal Complaint to begin the Grievance Process;
4. Be accompanied by an advisor to any meeting or Hearing.
5. Refrain from making any statement relevant to the Investigation. Students are expected to cooperate with the University Grievance Process but may elect not to participate in the Investigation process, either in part or entirely. If a student fails or refuses to provide information during the Investigation, they will not be allowed to present new information during the Hearing. The rationale for this policy is to prevent either party from presenting new evidence at the Hearing that was available during the investigative process for the purpose of disadvantaging the other party.

NOTE: See Pre-Hearing Process, below, for details on inclusion of new, previously unavailable information after conclusion of the investigative process.

The opportunity to provide information and evidence in support of their case;
Receive a written copy of the Notice of Formal Complaint relevant to their case, and have adequate time to prepare for interviews;
Access and utilize Supportive Measures whether or not a Formal Complaint is filed;
Know the range of sanctions that may be imposed for a Code of Student Conduct violation;
Know the Texas Tech University Grievance Process, where to find it, and have SCRSM staff answer any questions;
Know that any information provided by the student may be used in a Grievance Process; and

xii. Know that if a student makes any false or misleading statements during the Grievance Process, that student could be subject to disciplinary action.

It is the student’s responsibility to:
1. Be responsive to all correspondence from the University;
2. Provide information they wish to be included that is relevant to the incident or situation. The Investigator will not accept investigative materials, statements, evidence, directly from an advisor of choice and will not communicate with the advisor of choice on behalf of a student;
3. Present their own information throughout the Grievance Process. Advisors are not permitted to participate directly unless authorized by a University Official;
4. Be honest and provide true and accurate information during the Grievance Process; and
5. Review the Code of Student Conduct in order to fully understand all aspects of the Grievance Process.
Advisors

All students involved in the Grievance Process have the right to be accompanied by one advisor of choice to any meeting or Hearing. The Advisor must sign, and adhere to, the Advisor Expectation document. An advisor may be, but is not required to be, an attorney. If an advisor for a student is an attorney, an attorney from the Office of General Counsel may attend any meeting or Hearing.

In all but Title IX Sexual Misconduct cases, a witness, anyone who may have a conflict of interest, or anyone who may have any participatory role in the process may not be allowed to serve as an Advisor. Students who are currently separated from the University as the result of a disciplinary process may be excluded from serving as an advisor. In all but Title IX Sexual Misconduct Hearings, the role of the advisor will be limited to advising only and will not be allowed to actively participate in the Hearing. Advisors may assist students with crafting statements, questions, and answers to questions.

In Title IX Sexual Misconduct Cases, each Complainant and Respondent must have an advisor present at the Hearing, and each is entitled to select an advisor of their choice. Each party must inform the University at least ten (10) days prior to the Hearing whether the party intends to select and bring an advisor of their choice to the Hearing. If a Complainant or Respondent does not have an advisor of their choice present at the Hearing, the University will provide without fee or charge to that party, an advisor of the University’s choice. Advisors appointed or provided by the University shall act only in a capacity as an advisor for the Title IX Grievance Process and not in a capacity as legal counsel for any party. The advisors’ only permissible roles at the Hearing are to advise the party and to conduct cross- examination on behalf of that party.

7. Amnesty

The University will not take any disciplinary action against a student who in good faith reports being the victim of, or witness to, an incident of Civil Rights Misconduct for a violation of the Code of Student Conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the Grievance Process regarding the incident.

Amnesty will be extended to the Complainant, Respondent, and witnesses who provide statements during an investigation and disclose their own personal drug or alcohol use. Amnesty will not be extended in situations where substances were used to facilitate misconduct. Abuse of amnesty provisions can result in a violation of the Code of Student Conduct. The Code of Student Conduct amnesty provisions do not influence criminal proceedings or charges.

The University may provide educational options to students to address any concerning behavior as part of the afforded amnesty or in lieu of conduct proceedings. Amnesty does not preclude students from being required to meet with University staff and to participate in conditions such as counseling, alcohol assessments, and other requirements.

SCRSM may assist with questions related to amnesty provisions, and the final determination regarding amnesty in all Civil Rights Misconduct cases will be made by the Title IX Coordinator or designee.

8. Responding to Incident Reports

Upon notice or receipt of an incident report regarding Sexual Misconduct or sex-based harassment/discrimination, the Case Manager or designee will contact the named Complainant via their official TTU email and request a meeting to gather and review information about the nature of the report, and to review Supportive Measures and the Grievance Process. When health and safety are potentially at risk, the Case Manager may call the student on the phone number listed in their student record. In the event that the Complainant does not respond to communication, the Case Manager will send a second email communication. Complainants are not required to respond or participate in any meetings with the SCRSM staff.

In reports of Title VI Misconduct, OEO will first conduct a Preliminary Review of the report. Upon completion of this review, the process for responding to reports will follow the Sexual Misconduct process described in this section. Preliminary Review is described in detail in System Regulation 10.06.

Intake

Once a Complainant has made contact with the office, the Case Manager or designee will schedule an Intake Meeting with the Complainant. During this Intake, the Case Manager or designee will collect any additional demographic information, review this policy and the available options, and facilitate any requested Supportive Measures. If the Complainant does not return contact or requests to not meet with the SCRSM staff, the case may be closed. If the Complainant requests only Supportive Measures, the Case Manager contacts the appropriate campus parties to address the needs, and then the case may be closed. If a Complainant wishes to make a statement or file a Formal Complaint (pursue an Investigation), the Case Manager or Title IX Coordinator will appoint an Investigator.

When a Complainant is identified but is reluctant to file a Formal Complaint and/or the Grievance Process entirely, the University will make every attempt to follow the wishes of the Complainant while weighing the interests of the campus community and the possibility of a continuing threat. If the Complainant does not want to participate in the Grievance Process but has no aversion to the University pursuing action with respect to the named Respondent, the institution may investigate the incident in the same manner that an

anonymous complaint may be investigated. If the Complainant does not want the University to pursue the report in any respect, the University may investigate further if Title IX Coordinator determines there is reason to believe that a significant continuing threat to the campus community exists. In determining whether to investigate the incident, the institution shall consider the seriousness of the alleged incident, whether the University has received other reports of incidents committed by the alleged perpetrator(s), whether the alleged incident poses a risk of harm to others, and any other factor the institution deems relevant. If the University decides not to investigate the incident, the University shall take any steps deemed necessary to protect the health and safety of the University Community in relation to the incident. SCRSM will attempt to inform the Complainant of the decision to investigate, or not investigate, the reported incident.

When an initial report of misconduct by a third party does not identify the involved parties or the involved parties are not available, SCRSM will attempt to identify the unknown parties.

NOTE: While in most cases of Sexual Misconduct the University will not move forward without a Formal Complaint signed by the Complainant, the Title IX Coordinator or designee may proceed with the Grievance Process on a case-by-case basis if the alleged behavior involves pattern, predation, threat, or violence (PPTV) that may significantly impact the University Community.

Filing a Formal Complaint

A Formal Complaint is a document signed by a Complainant or the Title IX Coordinator alleging Sexual Misconduct against a Respondent requesting that the University investigate the allegation(s) of Sexual Misconduct. While incidents may be reported by any third party, only the Complainant or Title IX Coordinator may initiate the Grievance Procedure through the Formal Complaint. A Formal Complaint is also required for any individuals wishing to pursue an Informal Resolution. A Formal Complaint is not required in Title VI, Non-Title VI or any other type of Misconduct addressed in this section.

When a Formal Complaint is filed, SCRSM provides written notice to the Respondent with three (3) business days for the Respondent to prepare a response before an initial interview. The Notice of Formal Complaint includes information about the Grievance Process, the Informal Resolution Process, the allegations and any details known at the time (such as the name of the Complainant, location, date, and time of the alleged incident(s)), and the specific section(s) of the Code of Student Conduct the Respondent is alleged to have violated. The Complainant also receives a copy of the Notice of Formal Complaint.

Review of Formal Complaints

When a Formal Complaint is received, SCRSM will evaluate jurisdiction and mandatory and discretionary dismissal described below, assess appropriate Supportive Measures for both parties, evaluate the need for Emergency Removal, and initiate the Grievance Process.

Mandatory Dismissal- SCRSM shall dismiss a Formal Complaint in the following situations:
1. For Title IX Sexual Misconduct
  1. The allegation does not describe conduct that would constitute Title IX Sexual Misconduct as defined, even if proven;
  2. The Title IX Sexual Misconduct did not occur in the University’s Education Program or Activity; or
  3. The Title IX Sexual Misconduct did not occur against a person in the United States.
2. For Non-Title IX Sexual Misconduct
  1. The allegation describes conduct that would not constitute Non-Title IX Sexual Misconduct as defined, even if proven.
  2. The Respondent is not a member of the University Community
Permissive Dismissal- SCRSM may dismiss a Formal Complaint in the following situations:
1. The Complainant notifies the Title IX Coordinator in writing that they wish to withdraw the Formal Complaint or some allegations in the Formal Complaint;
2. The Respondent is no longer enrolled in or employed by the University; or
3. Circumstances exist that prevent the University from gathering sufficient evidence to reach a determination as to the Formal Complaint or the allegations.

NOTE: Mandatory and Permissive Dismissals of Title VI, Non-Title VI and other Misconduct addressed in this section will follow the Sexual Misconduct procedures above.

Application of Other Policies Upon Dismissal- If SCRSM dismisses a Formal Complaint or any of the allegations in the Complaint, the office must promptly send written notice of the dismissal and the reason(s) for the dismissal simultaneously to the Complainant and Respondent. Dismissal of a Title IX Sexual Misconduct Formal Complaint does not preclude action under other policies, such as Non-Title IX Sexual Misconduct or the Code of Student Conduct.
Appeal of Dismissal Decision- Any party can appeal the dismissal decision following the criteria and procedures listed below under Section D.10 - Appeals.
Right to Consolidate Complaints- The University may consolidate Formal Complaints as to allegations of Misconduct: (1) against more than one Respondent, (2) by more than one Complainant against one or more Respondents, or (3) by one party against the other party, where the allegations of Misconduct arise out of the same facts or circumstances.

Withdrawal During a Formal Complaint

In accordance with state law, if a student withdraws or graduates from the University pending a Formal Complaint alleging the student violated the Code of Student Conduct by committing sexual harassment, sexual assault, dating violence, or stalking, the institution:

May not end the disciplinary process or issue a transcript to the student until the institution makes a final determination of responsibility; and
Shall expedite the institution’s disciplinary process as necessary to accommodate both the Respondent’s and Complainant’s interest in a speedy resolution.
On request from another institution, the University shall provide to the requesting institution information relating to a determination that a student enrolled violated the institution’s Code of Student Conduct by committing sexual harassment, sexual assault, dating violence, or stalking.

After a Formal Complaint has been filed and an Investigator has been appointed, the Investigator will inquire, gather and review information about the reported misconduct, and will evaluate the accuracy, credibility, and sufficiency of the information.

If it is determined that the information reported, even if factually correct, does not meet the criteria of a policy violation, an allegation will not be issued and the complaint will be dismissed. However, the Title IX Coordinator may determine that a Policy Clarification and/or Referral Meeting is warranted, which may result in a Policy Clarification being issued to involved parties to clarify the policy in question. A Policy Clarification is not considered a Sanction.

General Requirements of the Grievance Process
1. Equitable Treatment of Parties: The University shall treat Complainants and Respondents equitably by: (a) offering Supportive Measures, (b) providing remedies to a Complainant where a determination regarding responsibility for Misconduct has been made against the Respondent, (c) executing the Grievance Process in compliance with this Section before the imposition of any disciplinary sanctions or other actions that are not Supportive Measures against the Respondent; and (d) providing the parties with the same opportunities to have others present during any proceeding under the Grievance Process, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice, who may be, but is not required to be, an attorney.
2. No Conflicts of Interest: The Grievance Process requires the Title IX Coordinator, Investigator, Hearing Panel members, appeal officers, and facilitators of an Informal Resolution process be free of conflicts of interest or bias against a party.
3. Presumption of Non-Responsibility; Standard of Evidence. There will be a presumption that the Respondent is not responsible for the alleged conduct until

a determination regarding responsibility is made at the conclusion of the Grievance Process. The standard of evidence under the Grievance Process shall be a preponderance of the evidence.

Objectivity: Credibility determinations may not be based on a person’s status as a Complainant, Respondent, or witness. The University shall require an objective evaluation of all relevant evidence, both inculpatory and exculpatory.
Privileged Information: The University, Complainant, Respondent, Title IX Coordinator, Investigator, Hearing Panel members, or facilitators of an Informal

Resolution process cannot require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege and the University has obtained that party’s voluntary, written consent to do so for the Grievance Process under this regulation. Such privileged documents include, among other things, documents that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in the professional’s or paraprofessional’s capacity, or assisting in that capacity, and which are made and maintained in connection with the provision of treatment to the party.

9. Title IX Sexual Misconduct Grievance Process

This section applies exclusively to Title IX Sexual Misconduct. Any other form of Sexual Misconduct is governed by section 10 below.

Notices:

University will provide notices as required, including but not limited to:

Notice of Formal Complaint: The University shall provide written notice to Complainant and Respondent upon receipt of a Formal Complaint with sufficient details known at the time and with sufficient time to prepare a response before an initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Title IX Sexual Misconduct, and the date and location of the alleged incident, if known. Such notice shall also include notice of the following: (a) this Grievance Process, including the University’s Informal Resolution process; (b) that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the Grievance Process; (c) that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney; (d) that the parties may inspect and review evidence; and (e) any applicable provision in the University’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the Grievance Process.
Non-response to Formal Complaint: In the event that a student fails to respond to the Notice of Formal Complaint, an administrative hold may be placed on the student’s record to prevent further registration and transcript receipt. The administrative hold may remain until such time as the Investigator receives an appropriate response.

Failure to comply with or respond to a notice issued as

part of a Grievance Procedure and/or failure to appear will not prevent an Investigator from proceeding with the Grievance Process.

Notice of Additional Allegations: If additional allegations are later included within the scope of the investigation under this Grievance Process, supplemental notice of such allegations shall be provided at that time.
Notice to All Parties of Hearings, Interviews, or Meetings. The University shall provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all Hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.
Written Notice Via University Email. Any person entitled to written notice under this regulation will receive such notice to their University email address. In the event a person is entitled to notice who does not have a University email address, written notice will instead be provided to an email address provided by such person.

Investigation of Formal Complaint

When initial inquiry indicates a concurrent police Investigation is occurring, the Investigator will, where possible, collaborate with the Texas Tech Police Department during the Investigation. Elements of this collaborative Investigation may include the Investigator coordinating with responding officers at the scene of the incident, joint interviews with police detectives, and evidence sharing. The Investigator may not have access to evidence provided to or in possession of the Texas Tech Police Department. Students involved in the Grievance Process should provide to the Investigator any evidence they wish to be included in the Investigative report.

During the Investigation, the burden of proof and burden of gathering evidence sufficient to reach a determination regarding responsibility is on the University and not on the parties. Complainants and Respondents are encouraged to present witnesses and evidence, including fact and expert witnesses, and other inculpatory and exculpatory evidence that they believe should be considered. The University has the right to exclude any purported expert witness who intends to present non-relevant evidence from participation in the Grievance Process. The University retains the discretion to determine whether the content presented by an expert witness falls within the scope of their expertise, the relevance of that content to the Investigation, and whether or not the witness is in fact an expert in the field. Investigators cannot compel witnesses to cooperate with the Investigation process and do not have subpoena powers which could be used to collect evidence. The University will make all reasonable efforts to obtain relevant information such as surveillance video footage, University card swipe access and other information that may be available to the Institution. The University cannot obtain information that is protected by a legally recognized privilege without the party’s voluntary written consent. The University shall not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, therapist/mental health professional, or other professional/paraprofessional providing treatment to the party, unless the party gives voluntary written consent.

Once the Investigation is complete, the Investigator will compile the relevant information and evidence into an Investigation Report, which may include a timeline of the event(s), statements from interviews, physical and electronic evidence, a breakdown of the discrepancies in the various interviews, and credibility considerations. The Investigator will document any physical or electronic evidence in a manner that is conducive and does not obstruct concurrent or forthcoming police Investigations. Complainants and Respondents will have an equal opportunity to inspect and review any evidence obtained as part of the Investigation that is directly related to the allegations raised in the Formal Complaint. The University shall send each party and their advisor the evidence subject to inspection and review in an electronic format or hard copy, and the parties shall have at least ten (10) days to submit a written response, which the Investigator will consider prior to the completion of the Investigation Report.

The completed Investigation Report will fairly summarize the relevant evidence and will be sent to the Complainant and Respondent and their advisor in electronic format or hard copy, for their review and written response, at least ten (10) days prior to the Hearing. Comments will be submitted as a supplement to the Investigation Report. In order to protect confidentiality students may be given an electronic password protected copy of the Investigation Report which may be redacted. Any new evidence identified after completion of the Investigative Report that a party intends to present, introduce, or use at the Hearing must be provided to the Title IX Coordinator at least five (5) days prior to the Hearing and to the other party at least three (3) days prior to the Hearing. Failure to comply with this provision may result in the new evidence being excluded from consideration during the Hearing and decision-making process.

Should students not participate in the Investigative Process, the Grievance Process may continue without their participation. The Investigator may assign allegation(s) to the Respondent based on the information that the Investigator collected without the student’s participation, if appropriate.

Resolution Phase

Options for resolving Formal Complaints under the Title IX Sexual Misconduct Grievance Process include:

Informal Resolution

After the Complainant and Respondent have been provided written notice of a Formal Complaint, the University may offer and facilitate the Informal Resolution Process. The procedures utilized in the Informal Resolution process must be agreed upon by obtaining the parties voluntary, written consent, with concurrence from the Title IX

Coordinator or designee. The parties must mutually agree in writing to all aspects of any resolution reached through the Informal Resolution process, including any restrictions or conditions that may be agreed upon by the parties with concurrence from the Title IX Coordinator or designee. Either party may withdraw from the Informal Resolution process at any time prior to final resolution, and resume the Grievance Process with respect to the Formal Complaint. Informal Resolution agreements will be maintained in accordance with University policies. Should either party violate the terms of the Informal Resolution, the matter may be referred for adjudication. The Informal Resolution will be binding and final with no opportunity to appeal.

Hearings

If the Formal Complaint is not dismissed or resolved by Informal Resolution, then the Formal Complaint will proceed to a live Hearing. Complainants and Respondents will first complete the Pre-Hearing Process.

Pre-Hearing Process

The Title IX Coordinator or designee shall appoint a Resource

Person who facilitates the Pre-Hearing and Hearing. The Hearing Coordinator is a staff member in OIC/SCRSM that did not serve as the Investigator. The Hearing Coordinator is a non-voting participant in the Hearing process. The Hearing Coordinator assures that University procedures are followed throughout the Hearing.

The Hearing Coordinator may:

Prepare Hearing materials;
Record the Hearing proceedings;
Escort participants into the Hearing room, grant breaks for participants, and distribute materials;
Ensure proper decorum throughout the Hearing;
Ensure the procedural soundness of the Hearing;
Provide the conduct history of the Respondent during the sanctioning phase, if necessary;
Transcribe the findings of the Hearing Panel;
Compile the Post-Hearing documentation;
Deliver notification to the parties.

NOTE: In Title IX Sexual Misconduct Hearings, the Title IX Hearing Officer may also assume some duties of the Hearing Coordinator.

In preparation for the Pre-Hearing Meeting, students and their advisors will be notified of a date, time, and location of the Hearing via written Notification of Hearing sent to the student’s official assigned Texas Tech University email address, delivered via Certified Mail to the student’s last known address, or personally delivered to the student. University email is the University’s primary means of communication with students. Complainants and Respondents will meet with their Hearing Coordinator to complete the Pre- Hearing Meeting. In the meeting with the Hearing Coordinator, parties will review documents including the Hearing Panel composition, Hearing Script, Opening, Closing, and Impact Statements, and Appeal Procedures. Following the Pre-Hearing, Students are responsible for all communication delivered to their University email address. Should students not participate in the Pre- Hearing Process, the Grievance Process may continue without their participation and may result in a Hearing.

Students may indicate whether a Panel Hearing or Sanction Only Hearing is preferred. (Please see Hearings section below for a description of each Hearing type.) However, the Title IX Coordinator or designee has the sole discretion in all cases to designate whether a Panel or Sanction Only Hearing will be held notwithstanding the student’s preference.

In cases requiring a Hearing Panel, the Hearing Coordinator will share the pool of staff trained for Hearing Panels. Students will be given the opportunity to request to strike any member of the Hearing Panel whose impartiality may be in question. In order to request a strike of a member of the Hearing Panel, the student must provide the Hearing Coordinator with a reasonable and substantiated rationale for the request. Once the composition of the Hearing Panel is set, the Hearing Coordinator will schedule the Panel Hearing.

If a student discovers new, previously unavailable information during the time after the Pre- Hearing but before the Hearing, the student should inform the Hearing Coordinator and the Hearing Coordinator will inform the Investigator immediately. If the new information is relevant to the consideration of the case, the Investigator will determine whether the new information should be included in the Investigation Report or presented verbally during the Administrative or Panel Hearing. If there is new evidence introduced, other involved parties would also be given the opportunity to provide a response to any new evidence that will be presented in the Administrative or Panel Hearing.

At the discretion of the Title IX Coordinator or designee, a review of the case may occur at any point during the Investigation or Grievance Process for clarification of procedural processes and may be remanded to investigation or adjudication if deemed necessary.

Hearings

Upon completion of the Pre-Hearing, the University may proceed to a Hearing and issue a finding and accompanying Sanctions, if applicable. After proper notice has been given to the parties, a party’s failure or refusal to respond within the allotted timeframe may not prevent the Grievance Process from proceeding to a Hearing or a Hearing Body from rendering a final determination regarding responsibility. If the respondent accepts responsibility for the allegations issued in the Investigation Report, the Respondent may request a Sanctions Only Hearing.

Hearings are closed to the public. In Sexual Misconduct cases, both the Complainant and Respondent have the right to be present at the Hearing; however, they do not have the right to be present during deliberations. Arrangements can be made so that the Complainant, Respondent and any witnesses appear virtually at the Hearing, with technology enabling participants to simultaneously see and hear each other. To request changes in the scheduled Hearing time or to participate virtually, students should contact their Hearing Coordinator prior to the Hearing.

Title IX Sexual Misconduct Hearings

System Regulation 10.01.A Attachment 2 outlines the full Title IX Sexual Misconduct Hearing Procedures.

The University will appoint a three-member Hearing Panel. The Title IX Hearing Officer will be one of the three members and will serve as the Hearing Panel Chair. The Hearing Panel will be the decision-maker that objectively evaluates all relevant evidence and renders a determination regarding responsibility after the live Hearing. The determination regarding responsibility will be made by a majority vote of the Hearing Panel. The Hearing Panel will not include the University Title IX Coordinator or an Investigator involved in the matters considered at the Hearing. The Hearing Panel has the right and responsibility to ask questions and elicit information from parties and witnesses on its own initiative to aid in obtaining relevant evidence both inculpatory and exculpatory.

All parties, and participants in a Title IX Hearing must be physically or virtually present in a manner where all participants can simultaneously see and hear each other.

Each Complainant and Respondent must have an advisor of their choice present at the Title IX Hearing. Each party must notify SCRSM at least ten (10) days prior to the Hearing whether the party intends to select and bring an advisor of their choice to the Hearing. If a Complainant or Respondent does not have an advisor of their choice present at the Hearing, the University will provide without fee or charge an advisor of the University’s choice. The advisors’ only permissible roles at the Hearing are to advise the party and to conduct cross- examination on behalf of the party.

The University will adopt rules of order and decorum provided for and enforced by the Title IX Hearing Officer. Such rules will include, but are not limited to, time limits, Hearing order, and requirements that participants not badger a witness, and repetition of the same question may be deemed irrelevant by the Hearing Officer; no party be asked questions in an abusive or intimidating manner; and questioning shall be relevant, respectful, and non- abusive. Each Hearing shall be no more than four (4) hours in length, unless the Hearing Officer determines that exceptional circumstances exist justifying a longer Hearing.

The University will create a record of the Hearing and make it available to the parties for inspection and review upon request.

At the direction of the Hearing Officer, Complainants, Respondents and/or other university offices (when appropriate) will have an opportunity to offer their own opening and closing statement, subject to time limits set by the Hearing Officer.

Each party will have an opportunity to present evidence to the Hearing Panel. The Hearing Officer will be responsible for making determinations regarding evidence, including relevance. Information that will be deemed not relevant includes, without limitation, information protected by a legal recognized privilege; questions or evidence about the Complainant’s sexual predisposition or prior sexual behavior (unless offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if the questions and evidence concern specific incidents of the Complainant’s prior sexual behavior with respect to the Respondent and are offered to prove consent); and any party’s medical, psychological, or similar records (unless the party has given voluntary, written consent).

Direct Examination may be conducted by the Title IX Hearing Officer, the Hearing Panel, or the Investigator. Cross-examination must be conducted directly orally, and in real time by the party’s advisor of choice and never by a party personally. Only relevant cross-examination and other questions, including those challenging credibility, may be asked of a party or witness.

Before a participant answers a cross- examination or other question, the Title IX Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

After a determination regarding responsibility and before a decision regarding Sanctions, the Hearing Panel may request, and the appropriate parties and/or university office may provide impact statements for consideration.

After the Hearing, the Hearing Panel will issue a written determination regarding responsibility that will include: (1) identification of the allegations potentially constituting Title IX Sexual Misconduct; (2) a description of the procedural steps taken throughout the Grievance Process; (3) findings of fact supporting the determination regarding responsibility; (4) conclusions regarding the application of the University’s applicable conduct policy to the facts of the alleged conduct; (5) a statement of and rationale for the result as to each allegation, including a determination regarding responsibility, any disciplinary Sanctions imposed on the Respondent, and whether Remedies designed to restore or preserve equal access to the University’s Education Program or Activity will be provided by the University to the Complainant; (6) a statement that the University’s procedures are permissible bases to for the Complainant, Respondent and other appropriate parties or offices to appeal; and (7) a statement that the determination may be appealed by the appropriate parties or offices following the procedures listed below. The University will provide the written determination to the parties simultaneously within five (5) University working days. The written determination regarding responsibility becomes final when the time period to file an appeal has expired, or when the appeal decision has been sent to the parties.

4. Sanction Only Hearing

If the student accepts responsibility for the allegations issued in the Investigation Report, the student may request a Sanction Only Hearing. During a Sanction Only Hearing, the Investigation Report and finding are presented to the Hearing body by the Investigator. During presentation of the Investigation Report and finding, the Respondent and the Complainant are not allowed to dispute the facts or details of the case. The Hearing Panel may ask clarifying questions regarding aggravating and mitigating factors related to the incident.

Both the Respondent and the Complainant may be present and the Respondent, the Complainant, and other appropriate parties or office, may provide impact statements prior to sanctioning. Mitigating factors as well as a character statement may also be presented by the Respondent and may be considered by the Hearing body. Simultaneous notification of the outcome of the Sanction Only Hearing will be provided to the student(s) within five (5) University working days of the conclusion of the Sanction Only Hearing. Decisions made through the Sanction Only Hearing may be appealed by utilizing the Appeal Procedures outlined below. In Sanction Only Hearings, parties may appeal the sanction(s), and can only appeal on the following grounds, “the sanction imposed substantially varies from the range of sanctions normally imposed for similar infractions.” A student may only choose a Hearing Panel for Sanction Only Hearings for potentially separable offenses. A Hearing Panel may impose sanctions as a result of a Title IX Sexual Misconduct Panel Hearing when a student is found responsible.

The potential sanctions are listed in the Sanctioning Grid on the Title IX website at http://www.depts.ttu.edu/titleix/. The grid is provided only as a guideline for administering sanctions by the Hearing Panel. The Hearing Panel may deviate from the grid for sufficient reason.

Implementation of the disciplinary Sanction(s) will begin when the time period to file an appeal has expired or when the appeal decision has been sent to the parties.

All records related to the disciplinary process will remain on file in SCRSM for a minimum of seven (7) years from the date of report. All records related to the Grievance Process resulting in suspension and/or expulsion will remain on file indefinitely.

If a student is found responsible for violating the Code of Student Conduct, sanctions may be imposed and can include, but are not limited to the following:

Disciplinary Reprimand - The disciplinary reprimand is an official written notification using the notice procedures outlined in this section to the student that the action in question was Misconduct.
Disciplinary Probation - Disciplinary Probation is a period of time during which a student’s conduct will be observed and reviewed. The student must demonstrate the ability to comply with University policies, rules, and/or standards and any other requirement stipulated for the probationary period. The status of Disciplinary Probation will be shown on the student’s academic record, including the transcript through the duration of the probationary period. Further instances of Misconduct under the Code of Student Conduct during this period may result in additional sanctions.
Time-Limited Disciplinary Suspension - Time-Limited Disciplinary Suspension is a specific period of time in which a student is not allowed to participate in class, University related activities, or be present on campus property. The status of Disciplinary Suspension will be shown on the student’s academic record, including the transcript. Disciplinary Suspension is noted on the student’s transcript by the phrase “Disciplinary Suspension” and will include the period of time in which the student is/was suspended from the University. In most instances, the notation of Disciplinary Suspension will remain on the transcript permanently. A student has the ability to petition to remove a Disciplinary Suspension notation in the following instances: 1) the student is eligible to reenroll in the institution or 2) the Title IX Coordinator or designee determines that good cause exists to remove the notation. A Disciplinary Suspension of a student will indicate the date on which the suspension period begins and the earliest date the application for student readmission will be considered. The Title IX Coordinator or designee may deny a student’s readmission, if the student’s Misconduct during the suspension would have warranted additional disciplinary action. If the student has failed to satisfy any Sanction that was imposed prior to application for readmission, the Title IX Coordinator or designee may recommend denial of readmission of a student. On denial of a student’s readmission, the Title IX Coordinator or designee will set a date when another application for readmission may again be made. An administrative hold will be placed on the student’s record to prevent registration during the Disciplinary Suspension.

NOTE: For information pertaining to academic courses taken at another higher education institution during time-limited disciplinary suspension, please refer to OP 34.21 located at http://www.depts.ttu.edu/opmanual/OP34.21.pdf

Disciplinary Expulsion - Disciplinary Expulsion occurs when the student is permanently withdrawn and separated from the University. This status of Disciplinary Expulsion will be shown permanently on the student’s academic record, including the transcript. Disciplinary Expulsion is noted on the student’s transcript by the phrase, “Expulsion” and the date in which the student’s expulsion became effective. In most instances, the notation of Disciplinary Expulsion will remain on the transcript permanently. A student has the ability to petition to remove a Disciplinary Expulsion notation in the following instances: 1) the student is eligible to reenroll in the institution or

2) the Title IX Coordinator or designee determines that good cause exists to remove the notation. An administrative hold will be placed on the student’s record to prevent future registration.

Conditions – A condition is an educational or personal element that is assigned by a Hearing Panel. Costs associated with conditions may be the responsibility of the student. Some examples of conditions include, but are not limited to:
1. Personal and/or academic counseling intake session;
2. Discretionary educational conditions and/or programs of educational service to the University and/or community;
3. Residence hall relocation and/or contract review/ cancellation of residence hall contract and/or use of dining facilities;
4. Restitution or compensation for loss, damage or injury, which may take the form of appropriate service and/or monetary or material replacement;
5. Monetary assessment owed to the university;
6. Completion of an alcohol or drug education program;
7. Completion of a sexual misconduct education program;
8. Referral to Raider Restart;
9. Referral to the BASICS Program for assessment.
Restrictions- A restriction is an additional component of a disciplinary sanction. A restriction is usually an educational component that is to occur in conjunction with the sanctions and will usually be time specific. Some examples of restrictions include, but are not limited to:
1. Revocation of parking privileges;
2. Denial of eligibility for holding office in registered student organizations;
3. Denial of participation in extracurricular activities;
4. Prohibited access to University facilities and/or prohibited direct or indirect contact with members of the University Community;
5. Loss of privileges on a temporary or permanent basis.

10. Non-Title IX Sexual Misconduct Grievance Process

This section applies exclusively to Non-Title IX Sexual Misconduct. Any other form of Sexual Misconduct is governed by section 9 above.

Notices

University will provide notices as required, including but not limited to:

Notice of Formal Complaint: The University shall provide written notice to Complainant and Respondent upon receipt of a Formal Complaint with sufficient details known at the time and with sufficient time to prepare a response before an initial interview. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting Non-Title IX Sexual

Misconduct, and the date and location of the alleged incident, if known. Such notice shall also include notice of the following: (1) this Grievance Process, including the University’s Informal Resolution process; (2) that the Respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the Grievance Process; (3) that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney; (4) that the parties may inspect and review evidence; and (5) any applicable provision in the University’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the Grievance Process.

Non-response to Formal Complaint: In the event that a student fails to respond to the Notice of Formal Complaint, an administrative hold may be placed on the student’s record to prevent further registration and transcript receipt. The administrative hold may remain until such time as the Investigator receives an appropriate response. Failure to comply with or respond to a notice issued as part of a Grievance Procedure and/or failure to appear will not prevent an Investigator from proceeding with the Grievance Process.
Notice of Additional Allegations: If additional allegations are later included within the scope of the investigation under this Grievance Process, supplemental notice of such allegations shall be provided at that time.
Notice to All Parties of Hearings, Interviews, or Meetings. The University shall provide, to a party whose participation is invited or expected, written notice of

the date, time, location, participants, and purpose of all Hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare to participate.

Written Notice Via University Email. Any person entitled to written notice under this regulation will receive such notice to their University email address. In the event a person is entitled to notice who does not have a University email address, written notice will instead be provided to an email address provided by such person.

Investigation of Formal Complaint

including inculpatory and exculpatory evidence that they believe should be considered. The University cannot compel witnesses to cooperate with the Investigation process and does not have subpoena powers which could be used to collect evidence. The University will make all reasonable efforts to obtain relevant information such as surveillance video footage, University card swipe access and other information that may be available to the Institution. The University cannot obtain information that is protected by a legally recognized privilege without the party’s voluntary written consent. The University shall not access, consider, disclose, or otherwise use a party’s records that are made or maintained by a physician, therapist/mental health professional, or other professional/paraprofessional providing treatment to the party, unless the party gives voluntary written consent.

At any point in the Investigation, either party may request to initiate the Informal Resolution process. This process is contingent upon the voluntary agreement of both the Complainant and Respondent, with the concurrence of the Title IX Coordinator or designee. More information about the Informal Resolution process can be found under the Resolution Phase section below. Once the Investigation is complete, the Investigator will compile the relevant information and evidence into an Investigation Report, which may include a timeline of the event(s), statements from interviews, physical and electronic evidence, a breakdown of the discrepancies in the various interviews, and credibility considerations. The Investigator will document any physical or electronic evidence in a manner that is conducive and does not obstruct concurrent or forthcoming police Investigations. Complainants and Respondents will have an equal opportunity to inspect and review any evidence obtained as part of the Investigation that is directly related to the allegations raised in the Formal Complaint. The University shall send each party the evidence subject to inspection and review in an electronic format or hard copy, and the parties shall have at least ten (10) days to submit a written response, which the Investigator will consider prior to the completion of the Investigation Report.

The completed Investigation Report will fairly summarize the relevant evidence, and will be sent to the Complainant and Respondent in electronic format or hard copy, for their review at least ten (10) days prior to the Hearing. In order to protect confidentiality students may be given an electronic password protected copy of the Investigation Report which may be redacted. Any new evidence identified after completion of the Investigative Report that a party intends to present, introduce, or use at the Hearing must be provided to the Title IX Coordinator at least five (5) days prior to the Hearing and to the other party at least three (3) days prior to the Hearing. Failure to comply with this provision may result in the new evidence being excluded from consideration during the Hearing and decision-making process.

Referral Meeting

A University official may request a meeting with a student in order to discuss a referral made to SCRSM or other administrative departments when the referral may not be deemed a violation of the Code of Student Conduct, but when the Title IX Coordinator or designee determines the referral warrants a discussion. The purpose of the discussion is to clarify concerns of the involved parties, to offer assistance to all involved parties, and to explain to the Respondent that repeated referrals may warrant an Investigation.

Informal Resolution

After the Complainant and Respondent have been provided written notice of a

Formal Complaint, the University may offer and facilitate the Informal Resolution Process. The procedures utilized in the Informal Resolution process must be agreed upon by obtaining the parties voluntary, written consent, with concurrence from the Title IX Coordinator or designee. The parties must mutually agree in writing to all aspects of any resolution reached through the Informal Resolution process, including any restrictions or conditions that may be agreed upon by the parties with concurrence from the Title IX Coordinator or designee. Either party may withdraw from the Informal Resolution process at any time prior to final resolution, and resume the Grievance Process with respect to the Formal Complaint. Informal Resolution agreements will be maintained in accordance with University policies. Should either party violate the terms of the Informal Resolution, the matter may be referred for adjudication. The Informal Resolution will be binding and final with no opportunity to appeal. Written notification of the outcomes will be provided simultaneously to the student(s) and appropriate University Administrators within five (5) university working days.

Hearings

Pre-Hearing Process

The Title IX Coordinator or designee shall appoint a Hearing Coordinator who facilitates the Pre- Hearing and Hearing. The Hearing Coordinator is a staff member in SCRSM that did not serve as the Investigator. The Hearing Coordinator is a non-voting participant in the Hearing process. The Hearing Coordinator assures that University procedures are followed throughout the Hearing. The Hearing Coordinator may:

Prepare Hearing materials;
Record the Hearing proceedings;
Escort participants into the Hearing room, grant breaks for participants, and distribute materials;
Ensure proper decorum throughout the Hearing;
Ensure the procedural soundness of the Hearing;
Provide the conduct history of the Respondent during the sanctioning phase, if necessary;
Transcribe the findings of the Hearing Panel;
Compile the Post-Hearing documentation; 9. Deliver notification to the parties.

In preparation for the Pre-Hearing Meeting, students will be notified of a date, time, and location of the Hearing via written Notification of Hearing sent to the student’s official assigned Texas Tech University email address, delivered via Certified Mail to the student’s last known address, or personally delivered to the student. University email is the University’s primary means of communication with students. Complainants and Respondents will meet with their Hearing Coordinator to complete the Pre- Hearing Meeting. In the meeting with the Hearing Coordinator, parties will review documents including the Hearing Panel composition, Hearing Script, Opening, Closing, and Impact Statements, and Appeal Procedures. Following the Pre-Hearing, Students are responsible for all communication delivered to their University email address. Should students not participate in the Pre-Hearing Process, the Grievance Process may continue without their participation and may result in a Hearing.

Students may indicate whether an Administrative Hearing, Panel Hearing or Sanction Only Hearing is preferred. (Please see Hearings section below for a description of each Hearing type.) However, the Title IX Coordinator or designee has the sole discretion in all cases to designate whether an Administrative Hearing, Panel Hearing, or Sanction Only Hearing will be held notwithstanding the student’s preference.

At the discretion of the Title IX Coordinator or designee, a review of the case may occur at any point during the investigation or Grievance Process for clarification of procedural processes and may be remanded to investigation or adjudication if deemed necessary.

Hearings

Upon completion of the Pre-Hearing, the University may proceed to a Hearing and issue a finding and accompanying Sanctions, if applicable. After proper notice has been given to the parties, a party’s failure or refusal to respond within the allotted timeframe may not prevent the Grievance Process from proceeding to a Hearing or a Hearing Body from rendering a final determination regarding responsibility. If the Respondent accepts responsibility for the allegations issued in the Investigation Report, the Respondent may request a Sanction Only Hearing.

Hearings are closed to the public. Both the Complainant and Respondent have the right to be present at the Hearing; however, they do not have the right to be present during deliberations. Arrangements can be made so that the Complainant, Respondent and any witnesses appear virtually at the Hearing, with technology enabling participants to simultaneously see and hear each other. To request changes in the scheduled Hearing time or to participate virtually, students should contact their Hearing Coordinator prior to the Hearing.

The University will adopt rules of order and decorum provided for and enforced by the Hearing Coordinator. Such rules will include, but are not limited to, time limits, Hearing order, and requirements that participants not badger a witness, and repetition of the same question may be deemed irrelevant by the Hearing Officer; no party be asked questions in an abusive or intimidating manner; and questioning shall be relevant, respectful, and non- abusive. Each Hearing shall be no more than four (4) hours in length, unless the Hearing Coordinator and/or Hearing Panel Chairperson determines that exceptional circumstances exist justifying a longer Hearing.

The University will create a record of the Hearing and make it available to the parties for inspection and review upon request.

The Investigator will present the Investigation Report, evidence, witnesses, allegation(s), and questions for deliberation. The Complainant and Respondent, and other university offices (when appropriate) may make an opening statement about key points of the case. During the opening statement phase of the Hearing, the Complainant and the Respondent may not make character statements about themselves or others and may not make impact statements. The Complainant and Respondent may make comments about the facts of the case. The Panel or Investigator may ask questions of the Investigator, Complainant, Respondent, and any witnesses. Students will be permitted to question the statements and evidence presented by the other involved parties, including the Investigator, who may supplement the Investigation Report. Upon request students may have the Hearing Coordinator or Panel Chairperson read their questions for other parties. Impact statements will be halted if they are shared prior to the Sanctioning phase of the Hearing. In the event the Hearing Coordinator of the Hearing removes a student due to misconduct (Complainant, Respondent, or witnesses), the alleged misconduct will be forwarded to the Title IX Coordinator for additional processing, as appropriate.

NOTE: Questions that are deemed objectionable, inappropriate, and/or irrelevant may be rejected.

Following the Hearing, the Hearing Panel will deliberate and render a decision regarding the alleged misconduct. Should the Hearing Panel have any questions for the Investigator, the Complainant, and/or the Respondent during deliberations, the Hearing will reconvene so that all parties have the opportunity to hear and respond to other parties’ responses. Upon the finding of responsibility for any of the allegations, impact statements will be presented to the Hearing Panel. After the presentation of the impact statements, the Hearing Panel will return to deliberations to determine any Sanctions. Simultaneous notification of outcomes of the Panel Hearing will be provided to the student(s) in writing within five (5) University working days, or as soon as practical, following the Panel Hearing. Decisions made through the Panel Hearing may be appealed by other appropriate parties and offices utilizing the Appeal Procedures outlined below in section 12.

Administrative Hearing - An Administrative Hearing is the process of adjudicating allegations of violations of the Code of Student Conduct by an Administrative Hearing Officer. The Administrative Hearing Officer is assigned by the Title IX Coordinator or designee. The Administrative Hearing Officer makes the decision of responsibility and assigns Sanctions, as appropriate. Simultaneous written notification of the outcome of the Administrative Hearing will be provided to the students within five (5) University working days of the conclusion of the Administrative Hearing.
Panel Hearing - A Panel Hearing is the process of adjudicating allegations of violations of the Code of Student Conduct by a Hearing Panel. For each Panel Hearing, a Panel of three (3) members will be chosen from the available pool by the Title IX Coordinator or designee. Following the Hearing, the Hearing Panel will deliberate and render a decision regarding the alleged misconduct, as well as determine any Sanctions, if applicable. Simultaneous notification of outcomes of the Panel Hearing will be provided to the student(s) in writing within five

(5) University working days, or as soon as practical, following the Panel Hearing. Decisions made through the Panel Hearing may be appealed by appropriate parties and offices utilizing the Appeal Procedures outlined below.

Sanction Only Hearing - If the student accepts responsibility for the allegations issued in the Investigation Report, the student may request a Sanction Only Hearing, by either an Administrative Hearing Officer or a Hearing Panel. During a Sanction Only Hearing, the Investigation

Report and finding are presented to the Administrative Hearing Officer or Hearing Panel by the Investigator. During presentation of the Investigation Report and finding, the Respondent and the Complainant are not allowed to dispute the facts or details of the case. The Administrative Hearing Officer or Hearing Panel may ask clarifying questions regarding aggravating and mitigating factors related to the incident.

Both the Respondent and the Complainant may be present and the Respondent, the Complainant, and other appropriate parties or offices, may provide impact statements prior to sanctioning. Mitigating factors as well as a character statement may also be presented by the Respondent and may be considered by the Hearing Panel. Simultaneous notification of the outcome of the Sanction Only Hearing will be provided to the student(s) within five (5) University working days of the conclusion of the Sanction Only Hearing. Decisions made through the Sanction Only Hearing may be appealed by utilizing the Appeal Procedures outlined below. In Sanction Only Hearings, parties may appeal the sanction(s), and can only appeal on the following grounds, “the sanction imposed substantially varies from the range of sanctions normally imposed for similar infractions.” A student may only choose a Hearing Panel for Sanction Only Hearings for potentially separable offenses.

Implementation of the disciplinary Sanction(s) will begin when the time period to file an appeal has expired or when the appeal decision has been sent to the parties.

If a student is found responsible for violating the Code of Student Conduct, sanctions may be imposed and can include, but are not limited to the following:

Disciplinary Reprimand - The disciplinary reprimand is an official written notification using the notice procedures outlined in this section to the student that the action in question was Misconduct.
Disciplinary Probation - Disciplinary Probation is a period of time during which a student’s conduct will be observed and reviewed. The student must demonstrate the ability to comply with University policies, rules, and/or standards and any other requirement stipulated for the probationary period. The status of Disciplinary Probation will be shown on the student’s academic record, including the transcript through the duration of the probationary period. Further instances of Misconduct under the Code of Student Conduct during this period may result in additional sanctions.
Time-Limited Disciplinary Suspension - Time-Limited Disciplinary Suspension is a specific period of time in which a student is not allowed to participate in class, University related activities, or be present on campus property. The status of Disciplinary Suspension will be shown on the student’s academic record, including the transcript. Disciplinary Suspension is noted on the student’s transcript by the phrase “Disciplinary Suspension” and will include the period of time in which the student is/was suspended from the University. In most instances, the notation of Disciplinary Suspension will remain on the transcript permanently. A student has the ability to petition to remove a Disciplinary Suspension notation in the following instances: 1) the student is eligible to reenroll in the institution or 2) the Title IX Coordinator or designee determines that good cause exists to remove the notation. A Disciplinary Suspension of a student will indicate the date on which the suspension period begins and the earliest date the application for student readmission will be considered. The Title IX Coordinator or designee may deny a student’s readmission, if the student’s Misconduct during the suspension would have warranted additional disciplinary action. If the student has failed to satisfy any Sanction that was imposed prior to application for readmission, the Title IX Coordinator or designee may recommend denial of readmission of a student. On denial of a student’s readmission, the Title IX Coordinator or designee will set a date when another application for readmission may again be made. An administrative hold will be placed on the student’s record to prevent registration during the Disciplinary Suspension.

Disciplinary Expulsion - Disciplinary Expulsion occurs when the student is permanently withdrawn and separated from the University. This status of Disciplinary Expulsion will be shown permanently on the student’s academic record, including the transcript. Disciplinary Expulsion is noted on the student’s transcript by the phrase, “Expulsion” and the date in which the student’s expulsion became effective. In most instances, the notation of Disciplinary Expulsion will remain on the transcript permanently. A student has the ability to petition to remove a Disciplinary Expulsion notation in the following instances: 1) the student is eligible to reenroll in the institution or

2) the Title IX Coordinator or designee determines that good cause exists to remove the notation. An administrative hold will be placed on the student’s record to prevent future registration.

Conditions – A condition is an educational or personal element that is assigned by a Hearing Panel. Costs associated with conditions may be the responsibility of the student. Some examples of conditions include, but are not limited to:
1. Personal and/or academic counseling intake session;
2. Discretionary educational conditions and/or programs of educational service to the University and/or community;
3. Residence hall relocation and/or contract review/ cancellation of residence hall contract and/or use of dining facilities;
4. Restitution or compensation for loss, damage or injury, which may take the form of appropriate service and/or monetary or material replacement;
5. Monetary assessment owed to the university;
6. Completion of an alcohol or drug education program;
7. Completion of a sexual misconduct education program;
8. Referral to Raider Restart;
9. Referral to the BASICS Program for assessment.
Restrictions- A restriction is an additional component of a disciplinary sanction. A restriction is usually an educational component that is to occur in conjunction with the sanctions and will usually be time specific. Some examples of restrictions include, but are not limited to:
1. Revocation of parking privileges;
2. Denial of eligibility for holding office in registered student organizations;
3. Denial of participation in extracurricular activities;
4. Prohibited access to University facilities and/or prohibited direct or indirect contact with members of the University Community;
5. Loss of privileges on a temporary or permanent basis.

11. Procedures for Other Misconduct Governed by Section D

This section applies exclusively to other Misconduct governed by Section D of the Code of Student Conduct. Please note incidents in this section are generally resolved utilizing the Non-Title IX Sexual Misconduct Grievance Process described above. Any exceptions are described in this section.

Notices- Notices will follow procedures described in section 10. Students will receive written notification of any and all allegations investigated under this section.
Formal Complaint- a Formal Complaint is not required to investigate conduct in this section.
Notice of Interviews, Meetings, and/or Hearings- students will receive written notification to their university email address.
Investigating Complaints- Collaborative Investigations, evidence collection, burden of proof, and the option for Informal Resolution will follow procedures described in section 10. Once the Investigation is complete, the Investigator will compile the relevant information and evidence into an Investigation Report. Parties will have an opportunity to review the completed Investigation Report and/or investigative materials related to the investigation prior to any Hearing.
Incidents may be resolved through Informal Resolution, Administrative Hearings, or Panel Hearings. Detailed descriptions of these Hearings are included in section 10.
Sanctions may be imposed after a finding of responsibility in any Misconduct case in this section. Possible Sanctions, Conditions and Restrictions can be found in section 10.

12. Appeal Procedures

In Civil Rights Misconduct cases, the Complainant, Respondent or other appropriate offices may appeal the determination of responsibility or the Sanction(s) imposed in a Hearing by submitting a written petition to the Title IX Coordinator or designee within three (3) University working days of the delivery of the written decision. If a student selects a Sanction Only Hearing, the student may appeal the sanction and can only appeal on the following grounds, “the sanction(s) imposed substantially varies from the range of sanctions normally imposed for similar infractions.” An appeal may not be filed on behalf of the student by a third party, including an advisor.

The petition must clearly set forth the grounds for the appeal, together with the evidence upon which the appeal is based. A disagreement with the decision alone shall not constitute grounds for appeal. The only proper grounds for appeal, and the only issues that may be considered on appeal are as follows:

A procedural irregularity occurred that significantly impacted the outcome of the Hearing (e.g. material deviation from established procedures.);
The discovery of new evidence, not reasonably available at the time the determination regarding responsibility or dismissal, was made that could affect the outcome of the matter. A summary of this new evidence and its potential impact must be included;
The Title IX Coordinator, Investigator(s), or decision maker(s) had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that affected the outcome of the matter;
The sanctions imposed substantially varies from the range of sanctions normally imposed for similar infractions.

NOTE: Lack of participation at any part of the Investigation or Grievance Process does not constitute new evidence.

Upon the filing of written appeal, the University will give written notice of the appeal to the other party. That party will have three (3) University working days to respond to the appeal. Where appropriate, the Hearing Officer/Panel will have three (3) University working days to respond to the appeal.

The Title IX Coordinator will select an Appeal Officer in each case. The Appeal Officer shall not be the same person as any of the Administrative or Hearing Panel members that reached the determination of responsibility or dismissal, the Investigator(s), or the Title IX Coordinator.

The Appeal Officer will first review the appeal to determine if the appeal is timely and properly sets forth the appropriate grounds for appeal, with adequate accompanying evidence. If any of these requirements are not met, the appeal will be dismissed, and the decision will be final.

If the Appeal Officer determines that (1) the Sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions, or (2) the Appeal identifies a procedural/substantive error or new evidence that was unavailable at the original Hearing, and the error or new evidence would have substantially impacted the decision of the Administrative Hearing Officer or Hearing Panel, they may:

Modify the finding and/or increase, decrease, or otherwise modify the sanctions;
Remand the case to the original Hearing Body;
Remand the case to a new Hearing Body; or
Remand the case to SCRSM for additional review.

SCRSM shall make all reasonable efforts to simultaneously notify the parties of the status of the Appeal throughout the appellate process and notify the student(s) of the result of their appeal using the written notification procedures within five (5) University working days from receipt of all responses. If necessary, the Appeal Officer will notify the parties should they need additional time to determine the outcome of the appeal. The decision of the designated appeal officer is final and cannot be appealed.

If the Appeal Officer remands the decision to a new Hearing Body, the decision of that Hearing Body is final and may not be appealed by the original appealing party. If a party did not appeal the original decision and believes criteria for an Appeal is met, they may appeal this decision following the procedures described above. When sanctions are final, appropriate University Administrators may be notified of the student’s sanctions.

13. Former Student Conduct & Readmission

A former student who engages in Civil Rights Misconduct that is a violation of the Code of Student Conduct may be subject to conduct procedures prior to reenrollment, a bar against readmission, revocation of a degree, and withdrawal of a diploma.

A student who has had an administrative hold placed on their records under this section must request readmission from the Title IX Coordinator or designee at least three (3) weeks prior to any Texas Tech University Office of Admissions application deadlines for the semester or summer session in which the student wishes to re-enroll. The student may be required by the Title IX Coordinator or designee to submit evidence in writing supportive of his/her present ability to return to the University. The University will evaluate the student’s request and supporting documentation with primary consideration given to satisfying all conditions specified at the time of suspension or withdrawal. If approval is granted by the Title IX Coordinator or designee for the removal of the administrative hold, the student must then complete the regular University readmission procedures.

14. Retaliation and False Information

Retaliation against an individual who reports a potential violation in good faith under this policy, assists someone with a report of a violation, or participates or refuses to participate in any manner in an investigation or in the resolution of a complaint made under this policy is strictly prohibited and will not be tolerated. Retaliation includes, but is not limited to threats, intimidation, coercion, discrimination, reprisals, or adverse actions related to an individual’s employment or education. The University will take appropriate steps to ensure that an individual who, in good faith, reports, complains about, or participates or refuses to participate in in an investigation pursuant to this policy will not be subjected to retaliation. Individuals who believe they are experiencing retaliation are strongly encouraged to report the incident to SCRSM using the same procedure outlined in Section D. Individuals who are found to have retaliated under this policy will be subject to disciplinary action, up to and including termination of employment, expulsion from the University, or being barred from University premises and events.

An individual found to have knowingly and in bad faith provided false or malicious information may be subject to disciplinary action up to and including dismissal or separation from the University. A determination that a Respondent is not responsible for allegations of Sexual Misconduct does not imply information provided was false. Similarly, a determination that a Respondent is responsible for a policy violation does not imply that a Respondent’s statements disclaiming responsibility were false.

15. Confidentiality

Texas Tech is committed to ensuring confidentiality during all stages of the Grievance Process. The confidentiality of the Complainant, the Respondent, the Reporting Party, any individuals who have sought guidance about this policy or have participated in an Investigation or incident will be honored by the University to the extent possible without compromising the University's commitment and obligation to investigate allegations of misconduct, to protect the University Community, and to the extent allowed by law. Unless waived in writing by the individual, the identity of aforementioned individuals:

Is confidential and not subject to disclosure under Chapter 552, Government Code; and b. May be disclosed only to:
1. University Employees or individuals under contract with the University to which the report is made who are necessary for an Investigation of the report or other related Hearings;
2. a law enforcement officer as necessary to conduct a criminal investigation of the report;
3. a health care provider in an emergency, as determined necessary by the

University; iv. the Responding Party, to the extent required by other law or regulation; and

v. potential witnesses to the incident as necessary to conduct an investigation of the report and to the extent required by other law or regulation.

In some exceptional circumstances, where the incident in question presents a continuing threat to the University Community, the University may be required to investigate irrespective of the Complainant’s desire to pursue allegations of Sexual Misconduct, and may be required to issue a “timely warning” to the campus community as required by the Clery Act. Timely warnings do not include personally identifiable information of involved parties.

However, because the University also has an obligation to maintain an environment free of Sex Discrimination and Sexual Misconduct, all University employees have mandatory reporting and response obligations and may not be able to honor a Complainant’s request for confidentiality. The Title IX Coordinator or designee will evaluate requests for confidentiality. The willful and unnecessary disclosure of confidential information by anyone, including the Complainant or Respondent, or their advisor, may affect the integrity of the investigation.

Students may make confidential reports to the University Student Counseling Center, Family Therapy Clinic, Psychology Clinic or Student Health Services. Complainants may also make confidential reports to Voice of Hope or to other licensed clinical and/or mental health professionals acting in their professional role of providing those services, including medical providers employed by the University. Information may be shared by the clinical and/or medical provider only with the Complainant’s or Respondent’s consent.

Absent consent from the Complainant, disclosures to a healthcare provider, mental health care provider, or other medical provider acting in the course and scope of their employment with the University shall only state the type of incident reported and may not include any information that would violate an expectation of privacy. These Employees are encouraged to provide Complainants with information and guidance regarding University reporting options and available resources. This Subsection does not affect the Employee's duty to report an incident under any other law or regulation under which they maintain their licensure.

The following Confidential Resources are available to Texas Tech Students:

CONTACT	PHONE	WEBSITE
Student Counseling Center	806-742-3674	http://www.depts.ttu.edu/scc//
Family Therapy Clinic	806-742-3074	www.depts.ttu.edu/hs/mft/clinica l_services.php
Psychology Clinic	806-742-3737	www.depts.ttu.edu/psy/clinic/
Employee Assistance Program	806-743-1327	https://www.ttuhsc.edu/centers-institutes/counseling/default.aspx
Student Health Services	806-743-2848	https://www.depts.ttu.edu/studenthealth/
Crisis HelpLine	806-742-5555	https://www.depts.ttu.edu/scc/For_Students/crisis.php
Voice of Hope- Rape Crisis Center	806-763-7273	https://www.voiceofhopelubbock.org/

16. Interference with an Investigation

Any person who knowingly and intentionally interferes with a Grievance Process conducted under this policy is subject to disciplinary action up to and including dismissal or separation from the University. Interference with a Grievance Process may include, but is not limited to:

Attempting to coerce, compel, influence, or prevent an individual from providing testimony or relevant information;
Divulging confidential information;
Removing, destroying, or altering documentation relevant to the investigation;
Providing false or misleading information to the investigator, or encouraging others to do so; or
Making a report under this policy that, after investigation is found not to have been made in good faith.

17. Training and Education

Texas Tech’s commitment to preventing and raising awareness of the harm resulting from the conduct prohibited in this policy includes providing primary prevention and awareness programs for all incoming students and new Employees, ongoing education to both Employees and students, and emailing information regarding this policy to students at the beginning of each academic semester. This policy is published on the University’s website and information regarding this policy and related policies is included in orientation materials for new students, faculty, and staff. All incoming first year and transfer students must attend an Orientation session, and must additionally complete an online education module. Failure to complete this required training may result in a hold being placed on the student’s account. All employees must attend Equal Opportunity non- discrimination and sex discrimination training including sexual assault, sexual harassment, and campus crime mandated reporter training within the first 30 days of employment and receive supplemental training every two years.

Other appropriate compliance training sessions will also be conducted on an ongoing basis. Training sessions will include information on how and where to report incidents of prohibited conduct, resources available, as well as risk reduction and safe and positive options for bystander intervention. In addition, University Employees and administrators responsible for implementing this policy, including the Title IX Coordinator, Title IX Deputy Coordinators, Investigators, Hearing Officers, and Appeal Officers receive annual training about offenses, investigatory procedures, due process requirements, impartiality, conflicts of interest, informal resolution process, and University policies related to or described in this policy.

Title IX Coordinators, Investigators, Hearing Officers, and Appeal Officers shall receive adequate and unbiased training on the application of the Civil Rights Misconduct policy, and the Grievance Process, including, where appropriate, how to conduct Hearings, the use of technology, and how to make relevancy decisions. All materials used to train these staff members are publicly available on the Title IX & Sexual Misconduct website.

Dean of Students

Address

Suite 203, Student Union Building
Phone
806.742.2984
Email
deanofstudents@ttu.edu

Code of Student Conduct

Section A: Introduction

1. Purpose

2. Authority

3. Jurisdiction

4. School of Law, School of Veterinary Medicine

5. Amnesty

Section B: Misconduct

1. Academic Misconduct

2. Actions against Members of the University Community and Others

3. Alcoholic Beverages

4. Narcotics or Drugs

5. Smoking, Vaping, and/or Tobacco Use

6. Firearms, Weapons and Explosives

7. Flammable Materials/Arson

8. Theft, Damage, Littering or Unauthorized Use

9. Gambling, Wagering, Gaming and/or Bookmaking

10. False Alarms

11. Unauthorized Entry, Possession or Use

12. Failure to Comply

13. Abuse, Misuse, or Theft of University Information Resources

14. Providing False Information or Misuse of Records

15. Skateboards, Rollerblades, Scooters, Bicycles or Similar Modes of Transportation

16. Interference with Expressive Activities

17. Violation of Published University Policies, Rules or Regulations

18. Violation of Federal, State, Local Law and/or University Policy

19. Abuse of the Discipline System

Section C: Conduct Procedures for Students and Student Organizations

Organizations

1. Reporting Allegations of Misconduct

2. Interim Actions (Current Remedies and Resources)

3. Non-Student Interim Actions

4. Withdrawal of Consent to Remain on Campus

5. Notice

6. Investigation

7. Rights and Responsibilities

8. Referral Meeting

9. Voluntary Resolution

10. Informal Conference

11. Hearing Procedures

12. Sanctions

13. Appeal Procedures

14. Reviewing Authority

15. Conduct Files and Record

Section D. Civil Rights Misconduct Procedures for Students

1. Definitions

2. Office of Institutional Compliance Staff

3. Civil Rights Misconduct Allegations

4. Reporting Civil Rights Misconduct

5. Supportive Measures

6. Rights and Responsibilities

7. Amnesty

8. Responding to Incident Reports

9. Title IX Sexual Misconduct Grievance Process

10. Non-Title IX Sexual Misconduct Grievance Process

11. Procedures for Other Misconduct Governed by Section D

12. Appeal Procedures

13. Former Student Conduct & Readmission

14. Retaliation and False Information

15. Confidentiality

16. Interference with an Investigation

17. Training and Education

Address

Phone

Email