2026-27 Student Handbook Community Policies

Section A. Academic Integrity

1. Texas Tech University Statement of Academic Integrity

Academic integrity is taking responsibility for one’s own class and/or course work, being individually accountable, and demonstrating intellectual honesty and ethical behavior. Academic integrity is a personal choice to abide by the standards of intellectual honesty and responsibility. Because education is a shared effort to achieve learning through the exchange of ideas, students, faculty, and staff have the collective responsibility to build mutual trust and respect. Ethical behavior and independent thought are essential for the highest level of academic achievement, which then must be measured. Academic achievement includes scholarship, teaching, and learning, all of which are shared endeavors. Grades are a device used to quantify the successful accumulation of knowledge through learning. Adhering to the standards of academic integrity ensures grades are earned honestly. Academic integrity is the foundation upon which students, faculty, and staff build their educational and professional careers. [Texas Tech University (“University”) Quality Enhancement Plan, Academic Integrity Task Force, 2010]

2. Academic Dishonesty Definitions

Students must understand the principles of academic integrity and abide by them in all class and/or course work at the University. Academic Misconduct violations are outlined in the TTU Code of Student Conduct. If there are questions of interpretation of academic integrity policies or about what might constitute an academic integrity violation, students are responsible for seeking guidance from the faculty member teaching the course in question.

3. Instructor Responsibilities

Any person becoming aware of alleged violations of academic integrity should report the allegation to the instructor of record in the course. The instructor in a course is responsible for initiating action in each case of dishonesty or plagiarism that occurs in that class. The instructor should contact the Office of Student Conduct to discuss the nature of the violation and the student’s record of academic integrity violations.

Instructions for reporting allegations of academic dishonesty are available in the TTU Code of Student Conduct. The instructor should attempt to discuss the matter with the student and receive a response from the student about the allegations. Then, the instructor may notify the student of possible academic sanctions including but not limited to assigning a paper or research project related to academic integrity, make-up assignment that is different than the original assignment, issue no credit for the original assignment, reduce the grade for the assignment and/or course, issue a failing grade on the assignment, and/or issue a failing grade for the course. The academic penalty will not be implemented or assigned until all disciplinary procedures are complete. All academic integrity violations should be referred to the Office of Student Conduct as a central clearinghouse of violations and for adjudication as a TTU Code of Student Conduct violation where disciplinary sanctions will be assigned.

4. Withdrawal and Assignment of Grades

1. Once a student has been notified of an academic integrity allegation, the student may not drop the course until the academic integrity processes are complete. If a student drops or withdraws, the student will be reinstated to the course in question. A student should continue attending class and participating in course work until the disciplinary process is complete. If it is determined that the student was not responsible for academic integrity violations and/or the referring faculty member allows the student to withdraw from the course, the student may file a request with the Dean of Students/Vice Provost for Student Life (DOS/VPSL) for approval to drop the course or withdraw from the University retroactively. Any student found responsible for an academic integrity violation and assigned an academic penalty of F in the course may not drop the course during the semester in which the violation occurred.
2. If a referring faculty member must submit a final course grade before an Academic Integrity Violation allegation is resolved, the faculty member should notify the Department Chair and the Associate Academic Dean of the intention to assign a grade of F and/or leave the final grade blank. The involved student may be given a temporary grade of X by the Office of the Registrar, which does not affect the student’s GPA, until the academic integrity adjudication process is complete. When the academic integrity adjudication process is complete, the final grade will be assigned through the appropriate academic channels and the completion of a grade change form. All appeals related to academic integrity violations should follow the process outlined in the TTU Code ofStudent Conduct.

5. Academic and Disciplinary Penalties

The academic and disciplinary penalties will not be implemented until the disciplinary procedure and appeal process has been exhausted. In cases in which a student is found not responsible for academic dishonesty, the student will be entitled to the grade he/she would have received in the absence of an academic integrity violation. In addition, the student will be allowed to continue in the particular course without prejudice.

6. Referrals to the Office of Student Conduct

In addition to the assignment of academic sanctions by the instructor of record, a referral of the academic integrity violation should also be made to the Office of Student Conduct for the assignment of disciplinary sanctions. Instructions for reporting academic dishonesty violations are available in the TTU Code of Student Conduct. A student referred to the Office of StudentConduct for alleged violations of academic misconduct is entitled to all substantive and procedural guarantees provided in the TTU Code of Student Conduct.

TTU Law students are subject to discipline procedures as described in the Honor Code of theSchool of Law. Instructors of record of the course where the violation occurred and the associate academic dean of the college where the student is enrolled or of the college housing the course where the violation occurred may participate in the adjudication of the violation and assignment of additional sanctions with the Office of Student Conduct as outlined in the TTU Code of Student Conduct.

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Section B. Anti-Discrimination Policy

The University does not tolerate discrimination or harassment based on or related to sex (including pregnancy), race, color, national origin, religion, age, disability, protected veteran status, genetic information, sexual orientation, gender identity, gender expression, or other protected categories, classes, or characteristics, per TTU System Regulation 10.03.

1. Harassment

Harassment based on a person's protected class under TTU System Regulation 10.03 is a form of discrimination. Harassment is verbal or physical conduct that is directed toward an individual because of sex (including pregnancy), race, color, national origin, religion, age, disability, protected veteran status, genetic information, sexual orientation, gender identity, gender expression, or other protected categories, classes, or characteristics, when such conduct is sufficiently severe or pervasive that it has the purpose or effect of unreasonably interfering with an individual’s academic or work performance or of creating a hostile academic or work environment.

In the context of student-on-student conduct, “harassment” is verbal or physical conduct that is directed toward a student because of sex (including pregnancy), race, color, national origin, religion, age, disability, protected veteran status, genetic information, sexual orientation, gender identity, gender expression, or other protected categories, classes, or characteristics, when such conduct subjects a student to sufficiently severe, pervasive, and objectively offensive treatment, effectively denying the student equal access to educational opportunities.

Please see TTU System Regulation 10.03 for examples of behavior that may constitute unlawful Harassment. Sexual Harassment.

2. Submitting a Report

Students wishing to report an incident of discrimination or harassment, including gender- based discrimination, sexual harassment, or sexual assault, should contact the Office for Student CivilRights and Sexual Misconduct. If the complaint is against an employee, the student may also contact the TTU Office of Equal Opportunity.

Additional reporting information, including how to make a confidential report, can be found at Office of Student Civil Rights and Sexual Misconduct, Office of Dean of Students, or TTU Office of Equal Opportunity. Students reporting discrimination or harassment in their employment capacity should contact the Office of Equal Opportunity. Information on reporting may be found here: http://www.texastech.edu/offices/equal-employment/.

3. Office of Civil Rights Complaints

Nothing in this policy shall prevent a student from presenting a charge of discrimination or other grievance covered by this policy to an external agency, such as the United States Department of Education: Office of Civil Rights (OCR), 400 Maryland Avenue, SW Washington, DC 20202-1100, Customer Service Hotline#: (800) 421-3481, http://www.ed.gov/ocr.

4. Retaliation

Retaliation against a person who opposes a discriminatory practice, reports a potential violation, assists someone with a report of a violation, or participates in any manner in an investigation or in the resolution of a complaint made under this regulation is strictly prohibited and will not be tolerated. Retaliation includes, but is not limited to threats, intimidation, reprisals, and/or adverse actions related to an individual's employment or education. The University will take appropriate steps to assure that a person who in good faith reports, complains about, or participates in an investigation will not be subjected to retaliation. Individuals who believe they are experiencing retaliation are strongly encouraged to lodge a complaint with the University using the same procedure outlined in TTU System Regulation 10.03.

Individuals who are found to have retaliated 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.

5. Confidentiality

Confidentiality of both the parties involved will be honored by the University to the extent possible without compromising the University’s commitment and obligation to investigate allegations of discrimination or violations of law, to protect the university community, and to the extent allowed by law. The willful and unnecessary disclosure of confidential information by the involved parties may affect the integrity of the investigation and may result in appropriate disciplinary measures against the offending party.

6. Faculty/Staff and Student Relationships

Texas Tech University is committed to the promotion of professional and educational relationships and open channels of communication among all individuals. The faculty/staff and student relationship is of the highest value and impacts a student’s educational experience.

Consensual relationships, including affectionate liaisons or other intimate or close relationships between faculty and students in the faculty member’s class, with whom the faculty member has a supervisory or instructional connection, or with whom the faculty member is a position of perceived authority are prohibited. Faculty/staff with direct or indirect teaching, training, research oversight or direction, supervisory, advisory, or evaluative responsibility over the student should recognize and respect the ethical and professional boundaries that must exist in such situations. If questions arise about situations involving faculty/staff and student relationships, they can be directed to the student’s Academic Dean, Provost’s Office, or the Office of the Dean of Students.

7. Grievance or Complaint Processes

A grievance is a formal complaint pertaining to adverse actions taken on the basis of unlawful discrimination, violation of federal or state law, or TTU policy. A violation of a University policy alone does not necessarily constitute a violation of law or an action prohibited by law. Employees, students, or third parties with a complaint against an employee should contact the TTUS Officeof Equal Opportunity (OEO). Employees, students, or third parties with a complaint of discrimination and/or harassment based on sex only (as opposed to discrimination on other bases, such as race, national origin, etc.) against a student should contact the Office for Student CivilRights and Sexual Misconduct. Employees, students, or third parties with a complaint of discrimination and/or harassment against a student based on a protected class other than sex (such as race, national origin, etc.) should contact the Title IX Office. For additional information regarding the complaint process, see TTU System Regulations 10.01, 10.01.A, 10.01.B, and Reg 10.03.

Student Initiated Grievances or Complaints and Investigations – Involving Employees,

1. This grievance or complaint process is applicable to all students who choose to complain about discrimination, harassment, or other violations of the law that adversely affect their educational environment, and the responding party is acting in his/her capacity as an employee, whether faculty, staff, or student.
2. All grievance or complaint investigations and procedures will be non-adversarial in nature. These procedures are entirely administrative in nature and are not considered legal proceedings.
3. The filing of a grievance or complaint shall not affect the ability of TTU to pursue academic and disciplinary procedures for reasons other than the student’s filing of a grievance or complaint.
4. A student may consult with the Office of the Dean of Students to determine if they wish to file a formal grievance or complaint. Students wishing to file a complaint of discrimination or harassment based on a protected category against an employee should complete the complaint form located here. However, even if a formal grievance or complaint is not filed, the Dean of Students/Vice Provost for Student Life (DOS/VPSL) may notify key personnel at their discretion about the allegation, and other action may be taken by TTU as deemed appropriate. Other actions include, but are not limited to, conferring with supervisors or other administrators concerning inappropriate behavior occurring within their area of responsibility and informing the responding party of TTU’s policies and educating departments and supervisors as needed on this and other policies.
5. If the grievance or complaint involves the DOS/VPSL, the grievance or complaint should be presented to the Office of Equal Opportunity.
6. Student grievances or complaints of discrimination or harassment by an employee may be investigated jointly by the Office of Equal Opportunity and the Office for StudentCivil Rights and Sexual Misconduct.

7. The investigation may consist of the review of the grievance or complaint and any supporting documentation, and interviews with relevant individuals. The extent of the investigation and its procedures will be determined by and at the discretion of the Office of EqualOpportunity in accordance with relevant TTUS Regulations and/or University OPs. Any findings in the investigation will be based upon a preponderance of the evidence.
8. After the investigation is complete, the Office of Equal Opportunity and/or Office forStudent Civil Rights and Sexual Misconduct will provide a written determination to the student who has filed the grievance or complaint, the responding party, and the appropriate administrators.
9. The finding of the Office of Equal Opportunity is final and not appealable.
10. In the event of a finding of a violation of TTU System Regulation 10.01.A, 10.01.B, or07.10 is made, appropriate disciplinary actions or sanctions will be taken.

11. If there is a finding of a violation under TTU System Regulation 10.03, any employee subjected to disciplinary action may appeal any such action, but not the findings of the Office ofEqual Opportunity, within the time periods and through the procedures established for faculty and staff in University’s applicable operating policies and procedures regarding faculty or staff complaint procedures, respectively.
12. If there is a finding of a violation under TTU System Regulation 10.01.A or System Regulation 10.01.B, either party may appeal the imposed disciplinary action or lack thereof as provided under the relevant TTU System Regulation.
13. At the conclusion of the investigation, the student shall be advised that if the discrimination or unlawful activity persists the student should contact the Office of EqualOpportunity. Likewise, in the event the student believes unlawful retaliation for filing a grievance or complaint has taken place, the student should contact the Office for StudentCivil Rights and Sexual Misconduct or the Office of Equal Opportunity, and/or file a grievance or complaint for retaliation.

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Section C. Class Absences

1. Class Absences

Responsibility for class attendance rests with the student. Regular and punctual attendance at all scheduled classes is expected, and the University reserves the right to address at any time individual cases of non-attendance. In case of an illness requiring an absence from class for more than one week, the student should notify his/her academic dean. Texas Tech UniversityOperating Policy 34.04 provides complete information regarding class attendance and reporting student illness and emergencies.

1. Student Absence due to Pregnancy and Parental Status

The System and its Universities are committed to providing an environment for students and employees free from discrimination on the basis of Pregnancy, Pregnancy-Related Conditions, and Parental Status. A ‘parenting student’ is a student enrolled at the University who is the parent or legal guardian of a child under eighteen (18) years of age. Pregnant and Parenting students needing assistance related to pregnant/parenting absences should contact the Pregnancy & Parenting Liaison. More information can be found in the TTU System Regulation 10.05 or the Title IX Website. Students can also request support through the Reporting Form.

2. Religious Holy Day Absences

A student who intends to observe a religious holy day should make that intention known in writing to the instructor prior to the absence. More information is available in Texas TechUniversity Operating Policy 34.19.

3. Student Absence due to Sponsorship of Student Activities and Off-Campus Trips

2. According to the Undergraduate and Graduate Catalog, faculty, department chairpersons, directors, or others responsible for a student representing the University on officially approved trips should notify the student’s instructors of the departure and return schedules in advance of the trip. The instructor notified must not penalize the student, although the student is responsible for material missed. Students absent because of University business must be given the same privileges as other students (e.g., if other students are given the choice of dropping one of four tests, then students with excused absences must be given the same privilege).
3. According to Texas Tech University Operating Policy 34.06, students will be responsible for making their own individual arrangements with instructors for class work missed while participating in an off-campus trip.

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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.

1. Actual Knowledge- Notice of Title IX Sexual Misconduct or allegations thereof to the University’s Title IX Coordinator or Deputy Coordinators.
2. 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.
3. Color- A person's skin pigmentation, complexion, shade, or tone.
4. Complainant- An individual who was alleged to be the victim of conduct that could constitute Misconduct.
5. 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.
6. 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.
7. 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.
8. 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
9. 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.
10. 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.
11. 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.
12. 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.
13. Investigative Report- A report that summarizes the relevant evidence based upon the completion of an Investigation conducted under the Grievance Process.
14. 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.
15. 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.
    4. 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.
    5. 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.
16. 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.
17. 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
18. 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).
19. Reporting Party- A person or entity (in the case of the University), other than the Complainant, who reports an alleged violation of this policy.
20. Respondent- An individual who has been reported to be the perpetrator of conduct that could constitute Sexual Misconduct.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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).
28. 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.

29. 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.

1. 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.
2. Deputy Title IX Coordinator- The University official in charge of oversight of investigation and supportive measures for students.
3. 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.
4. 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.
5. 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.
6. 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.
7. Deputy Compliance Officer- The University official in charge of oversight of compliance efforts for students.
8. Clery Compliance Officer- The University official in charge of oversight of Clery Act Compliance and Crime Statistics reporting.
9. Youth Protection Officer- The University official in charge of oversight of campus programs involving minors.
10. 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.
11. 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.

1. 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)
2. 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.
3. 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.

4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

3. 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.

9. 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.

2. Harmful, Threatening, or Endangering Conduct

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

3. 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.

4. 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.

5. 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.

10. 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.

11. 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.
12. 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.

13. 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:

1. Transportation & Parking Services
2. University Student Housing
3. Recreational Sports
4. Student Organization and Fraternity and Sorority Life
5. Texas Tech University Board of Regents’ Rules
6. Texas Tech University Operating Policies and Procedures
7. Community Policies of the Student Handbook
8. TTU Athletics
9. Texas Tech University System Regulations

14. 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.

15. 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.

1. 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.

1. 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.
2. 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.
3. 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
4. Complete a report via mail: Reports of incidents of Sexual Misconduct may be mailed to SCRSM, Box 45063, Lubbock, TX 79409.
5. 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.
6. 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.

1. 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.

2. 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.

3. 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.

1. 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.

6. The opportunity to provide information and evidence in support of their case;
7. Receive a written copy of the Notice of Formal Complaint relevant to their case, and have adequate time to prepare for interviews;
8. Access and utilize Supportive Measures whether or not a Formal Complaint is filed;
9. Know the range of sanctions that may be imposed for a Code of Student Conduct violation;
10. Know the Texas Tech University Grievance Process, where to find it, and have SCRSM staff answer any questions;
11. 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.

2. 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.
3. 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.

1. 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.

2. 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.

3. 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.

1. 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
2. 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.

3. 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.
4. Appeal of Dismissal Decision- Any party can appeal the dismissal decision following the criteria and procedures listed below under Section D.10 - Appeals.
5. 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.

4. 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:

1. May not end the disciplinary process or issue a transcript to the student until the institution makes a final determination of responsibility; and
2. Shall expedite the institution’s disciplinary process as necessary to accommodate both the Respondent’s and Complainant’s interest in a speedy resolution.
3. 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.

5. 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.

4. 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.
5. 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.

1. Notices:

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

1. 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.
2. 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.

3. 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.
4. 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.
5. 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.

2. 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.

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 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.

1. Resolution Phase

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

1. 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.

2. 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.

1. 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:

1. Prepare Hearing materials;
2. Record the Hearing proceedings;
3. Escort participants into the Hearing room, grant breaks for participants, and distribute materials;
4. Ensure proper decorum throughout the Hearing;
5. Ensure the procedural soundness of the Hearing;
6. Provide the conduct history of the Respondent during the sanctioning phase, if necessary;
7. Transcribe the findings of the Hearing Panel;
8. Compile the Post-Hearing documentation;
9. 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.

2. 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.

3. 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:

1. 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.
2. 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.
3. 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

4. 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.

5. 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.
6. 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.

1. Notices

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

1. 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.

2. 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.
3. 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.
4. 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.

5. 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.

2. 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 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.

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.

1. 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.

2. 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.

3. 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.

1. 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:

1. Prepare Hearing materials;
2. Record the Hearing proceedings;
3. Escort participants into the Hearing room, grant breaks for participants, and distribute materials;
4. Ensure proper decorum throughout the Hearing;
5. Ensure the procedural soundness of the Hearing;
6. Provide the conduct history of the Respondent during the sanctioning phase, if necessary;
7. Transcribe the findings of the Hearing Panel;
8. 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.

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.

2. 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.

1. 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.
2. 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.

3. 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.

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:

1. 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.
2. 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.
3. 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

4. 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.

5. 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.
6. 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.

1. Notices- Notices will follow procedures described in section 10. Students will receive written notification of any and all allegations investigated under this section.
2. Formal Complaint- a Formal Complaint is not required to investigate conduct in this section.
3. Notice of Interviews, Meetings, and/or Hearings- students will receive written notification to their university email address.
4. 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.
5. Incidents may be resolved through Informal Resolution, Administrative Hearings, or Panel Hearings. Detailed descriptions of these Hearings are included in section 10.
6. 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:

1. A procedural irregularity occurred that significantly impacted the outcome of the Hearing (e.g. material deviation from established procedures.);
2. 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;
3. 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;
4. 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:

1. Modify the finding and/or increase, decrease, or otherwise modify the sanctions;
2. Remand the case to the original Hearing Body;
3. Remand the case to a new Hearing Body; or
4. 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:

1. 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:

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:

1. Attempting to coerce, compel, influence, or prevent an individual from providing testimony or relevant information;
2. Divulging confidential information;
3. Removing, destroying, or altering documentation relevant to the investigation;
4. Providing false or misleading information to the investigator, or encouraging others to do so; or
5. 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.

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Section E. Student Support Services

The University has designated a Support Services Liaison staff member to assist students. The Liaison will connect students to resources available on campus to address a variety of needs. Resources available include, but are not limited to, medical and behavioral health services; public benefit programs, including programs related to food security and housing security; program benefit case management assistance and counseling; parenting and childcare resources; employment assistance; financial counseling and tax preparation assistance; transportation assistance; student academic success strategies; and other support resources available to students.

A comprehensive listing of online reporting options has been established in a central location to assist students, faculty, staff, and the general community with the option to submit reports of observed or known concerns surrounding a student. When a report is received, staff will review the details of the report, determine a response that may include available campus resources, and ask the appropriate staff to respond to the reported concerns. For a complete list of reporting options available, please visit the Office of the Dean of Students website.

Additionally, the Behavioral Intervention Team (BIT) and Student Threat Assessment Team (STAT) have been established to assist with reports related to students of concern, students in crisis, and/or imminent threat of harm directed at one or more others.

1. Behavioral Intervention Team (BIT)

A Behavioral Intervention Team is a multidisciplinary group of campus professionals (e.g., student affairs, counseling, police) that proactively manages, assesses, and responds to reports of disruptive or concerning student behavior. By tracing “red flags” and coordinating, they aim to support student well-being while ensuring campus safety.

2. Student Threat Assessment Team (STAT)

The Student Threat Assessment Team is a defined group of individuals on campus assembles as needed to provide rapid, expert intervention feedback during critical, time-sensitive situations.

3. Support Services Liaison

Please contact the Associate Dean of Students in the Office of the Dean of Students to access support resources available to students: (806) 742-2984; deanofstudents@ttu.edu.

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Section F. Financial Responsibility

1. Financial Responsibility of Students

1. Students must meet all financial responsibilities due to the University. The writing of checks on accounts with insufficient funds, issuance of stop pays, disputed credit card chargebacks, or the nonpayment or delinquent payment of outstanding loans and failure to meet any other financial obligations to the University are considered a lack of financial responsibility. Financial irresponsibility may subject the student to additional fees, fines, suspension of check writing and cashing privileges, denial of registration, withholding of grades and transcripts and adjudication under the TTU Code of Student Conduct. A student who fails to make full payment of tuition and mandatory fees, including any incidental fees, by the due date may be prohibited from registering for classes until full payment is made. Students should understand that consequences may result from not resolving one’s financial obligations to the University. Generally, failure to meet financial obligations to the University may result in: Cancellation of the student’s registration.
   1. Possible criminal prosecution for writing insufficient fund checks.
   2. A student who fails to make full payment prior to the end of the semester or term may be denied credit for the work done that semester or term.
   3. A hold preventing future registration placed on a student’s academic records
   4. A hold on receiving official University transcripts until the obligation is paid.
   5. The University may report individual student financial problems to a credit agency or a collection agent. Before registering or requesting a transcript, students may check on the presence of holds by accessing their records Raiderlink under the TTU MyTech (for Students) tab.
2. For more information, please visit the Student Business Services website.

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Section G. Freedom of Expression

1. Freedom of Expression Activities

Texas Tech University recognizes freedom of speech and expression as a fundamental right and seeks to ensure free, robust, and uninhibited debate and deliberation by students enrolled at TTU as well as other persons. Expressive activities on the TTU campus are governed by Texas Tech University System Regulation 07.04. 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. Additional information regarding events on University property is available in Section P - Use of University Space in the TTU Student Handbook.

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Section H. Gender-Based Harassment, Sexual Misconduct, Discrimination and Title IX

Texas Tech University (TTU) has established policies and grievance procedures providing for prompt and equitable resolution of student complaints of discrimination and harassment, including sexual harassment, sexual violence, and other forms of sexual misconduct. In the event a student believes their rights under Title IX or other laws have been violated, TTU System Regulations 10.03, 10.01.A, and 10.01B set forth procedures for filing, investigating, and resolving complaints of harassment and discrimination. Additional information regarding gender-based harassment, sexual misconduct, discrimination, and can be found at titleix.ttu.edu. Further information and definitions

may be found in Section B. Anti-Discrimination Policy and Appendix A in the TTU Student Handbook.

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Section I. Student Housing Requirements

1. Student Housing Information

1. University Student Housing (USH) is located on the west side of the Wiggins Complex next to the Hospitality Services. USH contact information: Phone: (806) 742-2661, Email: housing@ttu.edu.
2. Hospitality Service contact information: Phone: (806) 742- 1360, Email: hospitality@ttu.edu.

2. First Year On-Campus Requirement

3. The university requires enrolled first-year students to live in the university residence halls. Institutional research suggests that students who live on campus are significantly more inclined to remain in college and achieve higher GPAs in comparison to students living off-campus.
4. The On-Campus Residence requirement applies to Lubbock campus students enrolled in more than six (6) hours for the fall and spring semesters, and/or enrolled for three hours per summer session.
5. Compliance with the university housing policy is a condition of enrollment, as set forth in the Student Catalog approved by the TTU Board of Regents and Operating Policy 30.25. Failure to comply with the On-Campus Residence requirement will result in the student being placed in a “Non-Compliance Status” and charged for all applicable Housing and Dining Plan fees.
6. It is the responsibility of the student to update any incorrect information regarding place of residence with the Office of the Registrar.
7. On-campus housing for married couples or individuals with children is not provided.
8. Registered sex offenders and students convicted of any felony are not permitted to live in university-owned housing. The information submitted is subject to verification.

3. On-Campus Residence Exemption Process

9. Subject to verification and authorization by the university, students may be eligible to live off-campus provided any one of the 11 exemption categories listed below is satisfied:
   1. A student is currently residing and will continue to reside in the established primary residence of her/his parents (or legal guardian) if it is within a 60-mile radius of Texas Tech University. The parents (or legal guardian) must have established their primary residency at least six (6) months prior to the request for an exemption. Legal guardianship must have been established by a court of law at least one year prior to the request.
   2. A student presents sufficient evidence of an extreme financial hardship condition based on guidelines similar to those required for Financial Aid.
   3. A student is married or has dependent children living with the student.
   4. A student is 21 years of age or over on or before the first day of classes of the initial semester of enrollment.
   5. A transfer student has successfully completed 30 or more semester hours of academic credit prior to the student's enrollment or re-enrollment. Credit earned by exam (Advanced Placement, CLEP, ACT, SAT) and hours received from concurrent high school credit are not considered.
   6. A student is awarded a university scholarship/sponsorship that is managed by a university department or college, which minimally includes the equivalence of the current academic school year's room, board, tuition, fees, and textbooks (as estimated by the Student Financial Aid Office) during an academic school year. Upon prior approval from the managing department or college, the student may request to be exempt from living on campus. The managing department or college must provide verification in writing to University Student Housing prior to the student's enrollment and/or re-enrollment to the university.
   7. A student is enrolled in the Graduate School or Law School.
   8. A student has served in active military service, as verified by a discharge certificate (DD214).
   9. A student presents sufficient evidence of an extreme medical condition, as documented by her/his treating physician, for which on-campus accommodations cannot be made.
   10. A student presents sufficient and satisfactory evidence of extreme or unusual hardship that will be intensified by living in the residence halls.
   11. A student has completed a full academic year (fall and spring terms) of living on campus in the Texas Tech University residence halls or provides sufficient evidence of living on campus at another university and receives confirmation of approval from University Student Housing.
10. Subject to verification and authorization by the University Student Housing, students may be eligible to have their housing hold temporarily removed, and not be required to live on campus for the given term, provided any one of the three (3) conditions listed below is satisfied:
    1. A student is enrolled in online classes only;
    2. A student is taking less than six (6) hours during the academic year; or
    3. A student enrolled for a Texas Tech University or Texas Tech University Health Sciences Center program at a campus other than the Lubbock campus.
11. To request approval to live off-campus, the student must submit an Exemption Form along with all required documentation. USH staff will review and send denial/approval notices to the student’s TTU email account.
12. No exemptions will be approved once the student has moved into the residence halls.
13. In conjunction with the university's support of academic integrity, evidence of deliberate falsification of information, data, or any materials submitted, or providing false or erroneous information in connection with an application for exemption from the on-campus housing requirement will be grounds for disciplinary action. Such action may include, but is not limited to, revocation of a previously approved exemption, restitution of room and dining plan fees, or probation, as determined by the Office of StudentConduct and in accordance with the TTU Code of Student Conduct.
14. Signing an off-campus lease will not relieve the student of contractual obligations

comply with all provisions of the signed contract.

4. Housing Sign-up Process

15. Residence halls, like all other services and facilities of Texas Tech University, are available to all students regardless of race, creed, national origin, age, sex, or disability. Applications for admission to the University and applications for residence hall accommodations are separate processes. To sign up for housing at Texas Tech University, students must first be admitted to the University. Students are encouraged to sign up for housing as soon as they are notified of their admission status and receive and activate their eRaider account information. To complete the housing sign-up process, please visit the USH website.
16. Students sign a University Student Housing and Hospitality Services Contract for the academic year (fall and spring semesters), a 12-month contract (fall, spring, and summer), or a summer only contract. Any student wishing to move from the residence halls should consult the University Student Housing and Hospitality Services Contract for the cancellation provisions.
17. Housing and dining plan rates are based on a per person charge. Rates will be established by The TTU Board of Regents. All rates are subject to change, with appropriate notice. The most recent rates are posted on the USH and Hospitality Services websites.
18. A $75 non-refundable application fee is required with all housing applications. This is a one-time fee. A $400 initial deposit is required for all housing room reservations for all residence halls including traditional spaces and suite/apartment/pod style spaces and is due with the signed contract. The $400 initial deposit is potentially refundable (less any fees or billed charges) if the contract is completed or properly cancelled as outlined in the contract. A $250 Additional deposit is required for a housing room reservation in a suite/apartment/pod style space (Talkington, Gordon, Carpenter/Wells, Murray, Honors Hall, and West Village) and is due with the signed contract if selecting a suite/apartment/pod style space or when student elects to upgrade to a suite/apartment/pod style space. The $250 additional deposit is potentially refundable (less any fees or billed charges) if the contract is completed or if the student never reserves a suite/apartment/pod styles space. The $250 additional deposit is non-refundable if the contract is cancelled at any time before the end of the contract period. For additional information on fees, deposits, and cancellation procedures, please review the housing contract on the USHwebsite.

The University agrees to provide a room and dining plan only after the student has submitted the required application, properly signed the University Student Housing andHospitality Services Contract, and paid the application fee and applicable deposit(s). The student agrees to pay the housing and dining plan fees and any billed charges (i.e., damage charges, lock change charges, late/improper check-out charges, etc.) at the time scheduled by the University. All housing and dining plan fees and charges are billed in combined account with the University tuition and fees. These accounts are managed by StudentBusiness Services. Students with academic year or 12-month contracts are charged 60%

of the academic year housing and dining plan rate for the fall semester and 40% for the spring semester. Students entering the residence halls for the spring semester with an academic year contract are charged 50% of the academic year rate.

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Section J. Solicitations, Advertisements and Printed Materials

1. General Policy

The primary mission of the University is education. The University is responsible for promoting and protecting the intellectual and cultural growth and development of the institution and the members of its community. Therefore, solicitations or advertisements and sales, displays or distribution of publications on the campus are not permitted, except as provided below or as provided by law. For complete details: please check click here.

2. Definitions

1. Solicitation includes, but is not limited to requesting money, seeking agreement to pay,

taking subscriptions, selling merchandise or tickets or offering other comparable materials and privileges in person or by handbills, posters, or similar materials to promote sales.

2. Advertisements are the displays of any items that have, as an integral part of their design, the identification of a consumer product or service.
3. Printed materials are publications, handbills, posters, leaflets, and other written matter intended for public distribution, sale or display on campus.

3. University Name, Document and Records

The use by any person or organization of the University’s name in connection with any program or activity, without the prior written permission of the Office of the Vice Chancellor forInstitutional Advancement, Marketing & Communications Office, or any unauthorized use of University documents, records or seal is prohibited. Information is also available in OperatingPolicy 01.06 Use of Texas Tech University Name or Logo for Private Business Purposes, Operating Policy 72.23 Licensing and Use of TTU Registered Names, Logos, and Trademarks, and Operating Policy 68.03 Visual Identity Guidelines.

4. Jurisdiction

4. All solicitation requests should be directed to the Outdoor Events CoordinatingCommittee (OECC) for review. Complete and submit the Outdoor Event/SolicitationRequest form. Requests must be submitted at least fourteen (14) University working days before intended use.
5. All regulations pertaining to on-campus solicitations by students and registered organizations shall be administered by the Chair of the Outdoor Events CoordinatingCommittee.
6. All regulations pertaining to on-campus solicitations by University departments and staff shall be administered by the Senior Vice President of Administration and Finance.

All regulations pertaining to on-campus solicitations by academic departments and faculty shall be administered by the Provost and Senior Vice President of Academic Affairs and Senior Executive Director of Campus Events.

7. Solicitation of all gifts, donations, and non-contractual grants from private philanthropic sources (e.g., individuals, foundations, and corporations) are administered by the Vice Chancellor of Institutional Advancement and in accordance with OP 02.02.

5. Solicitation Processes

1. Solicitations by registered student organizations and students are prohibited on Texas Tech University grounds and facilities except for:
   1. Activities supporting the educational mission of the institution;
   2. Promotion of organizational activities consistent with organization mission;
   3. Recruitment of members or membership drives;
   4. Accepting donations on behalf of altruistic or charitable projects;
   5. Scholarship and/or fundraising projects in support of organization mission;
   6. The regulating offices may grant special permission for solicitation purposes or

2. Permission will not be granted for any activity which promotes the use of alcoholic beverages, infers, or insinuates sponsorship by Texas Tech University or violates any federal, state, and/or local laws and/or University policies.
3. To solicit in University buildings, authorization is required via the Outdoor EventsCoordinating Committee and appropriate building manager.
4. Registered student organizations may use the University’s registered marks in connection with a student university activity. All promotional items must be acquired from a University licensed vendor. A proof of concept needs to be provided showing how the University’s registered marks are to be used. This proof will be submitted by the licensed vendor selected by the registered student organization. Approval must be received by the university before production of the merchandise can proceed. For additional information on licensing and use of Texas Tech University registered names, logos and trademarks, refer OP 72.23 or contact Marketing & Communications.
5. Requests for permission to solicit are granted for a specified period. To be eligible to solicit, an individual must present current student identification and submit an OutdoorEvent/Solicitation request form to the Outdoor Events Coordinating Committee at campusevents@ttu.edu. A permit to solicit may be revoked if the solicitation violates any of the regulations pertaining to solicitations and advertising or sale, display, or distribution of printed materials.
6. Decisions by the Outdoor Events Coordinating Committee rejecting or revoking permission of students or registered student organizations to solicit may be appealed to the Assistant Vice Provost for Campus Life.

A written appeal describing the objections to the denial to the Assistant Vice Provost for Campus Life must be filed no later than five (5) University working days after receipt of notice of denial from the Outdoor Events Coordinating Committee.

7. The Assistant Vice Provost for Campus Life will convey the appeal decision, in writing, to the student or registered student organization and to the Outdoor Events CoordinatingCommittee within five (5) University working days from the receipt of the written appeal.
8. The student or registered student organization may not appeal beyond the Assistant Vice Provost for Campus Life.

6. Advertisements

9. Advertisements by commercial organizations, either as groups or through student representatives, are not allowed on the campus unless they advertise specific registered student organization functions. This implies sponsorship and/or co-sponsorship, which minimally includes, but is not limited to, direct participation in planning, coordination and implementation by members of the sponsoring organizations.
10. Individuals and commercial organizations attempting to display or distribute unauthorized materials on campus, or use campus facilities for such activity, will be removed from the campus by the Texas Tech Police and will be subject to appropriate legal action.
11. Advertisement is not permitted on the exterior side of residence hall room doors or within public areas of the residence halls.
12. Amplification equipment may not be used to advertise or promote sales in conjunction with any approved solicitation activity unless authorized in advance by the OutdoorEvents Coordinating Committee.

7. Printed Materials & Digital Signage

The following policies apply to the display and distribution of printed materials and digital signage in all areas of the University campus:

13. Only individuals affiliated with the University (i.e. students or student organizations) may distribute handbills, leaflets, or any other type of printed materials, except as provided by law;
14. Students and registered student organizations do not need prior approval concerning the content or distribution of materials such as leaflets and handbills; however, students may be required to provide verification of current student status upon request;
15. Solicitation and advertising materials must conform with the provisions stated above;
16. Student election campaign literature must conform to the procedures outlined in the Student Election Code of the Student Government Association;
17. Use of the Texas Tech campus that results in the need to utilize University personnel for litter collection, crowd control, repair/replacement of University property, etc., may necessitate repayment to the University by the responsible party;
18. Printed materials may not be placed on vehicles parked in University parking lots or on vehicles in motion without permission of the vehicle owners;

Printed materials such as handbills and leaflets may not be distributed within University buildings;

19. Printed materials and digital signage content shall not violate any local, state, or federal law; Printed materials shall not include the use of obscenities, libelous statements, or “fighting words” all as defined by applicable law.

8. Use of Bulletin Boards & Digital Signage

20. Posters, signs, and announcements may be displayed only on University announcement bulletin boards and approved digital signage designated specifically for use by students and registered student organizations. The University announcement bulletin boards and approved digital signs may be used only by students, registered student organizations, and University departments. Bulletin boards will be cleared periodically.
21. Posters, signs and announcements shall not exceed a maximum size of 18” x 24”, digital signage requirements will differ per location and are available via the coordinator of that signage;
22. Posters, signs, and announcements shall not promote unauthorized sponsorship by Texas Tech University;
23. Posters, signs, and announcements shall not violate any local, state or federal law;
24. Bulletin boards belonging to academic and administrative departments are for official University use only. Posters, signs, and announcements may not be displayed without consent of the appropriate department; and
25. Posters, announcements, banners, cards or other campaign material for any individuals seeking student government office may be posted in accordance with the rules and regulations of the Student Government Association.

9. Violations

A student or registered student organization violating regulations governing solicitations, advertising, and printed materials is subject to the disciplinary sanctions outlined in the TTU Code of Student Conduct.

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Section K. Student Identification

1. Student Identification

1. The student identification card is the property of the University.
2. Students shall not allow their student identification to be used by other persons. Students shall not alter their student identification in any way.
3. Students should carry their student identification card with them at all times. On request, students must present their student identification to any member of the University faculty, staff, administration, or police.
4. The first ID card a student receives will incur a one-time charge that will be billed to the student’s tuition. This charge is to cover both the cost of ID production and the use of the ID in conjunction with campus services and activities. Students are responsible for monitoring their tuition statements regularly.

A student must pay a replacement charge for lost, stolen, or damaged student identification cards. Upon issuance of a replacement student identification card, previous cards cannot be reactivated.

5. Student identification cards are only valid when the bearer is a registered student of the University. RaiderCards shall not be used to prove affiliation with the University after an individual is no longer a student. The individual’s ID account will be automatically disabled once the individual is no longer affiliated with Texas Tech University.
6. For further information, please view the RaiderCard user agreement at www.raidercard.ttu.edu and University Operating Policy 61.47.

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Section L. Student Involvement & Representation

1. Student Government Association

The Student Government Association (SGA) is the official organization representing student interests and voicing concerns to administration. SGA provides programs and activities directed to enhance and develop premier leadership and career success through education.

2. Toreador Media

Located on the first floor of the Media & Communication Rotunda, Toreador Media provides out-of- classroom learning opportunities for students to use academic training obtained at Texas

Tech in practical settings of publishing daily digital media at www.dailytoreador.com and the student newspaper, The Daily Toreador. Texas Tech University recognizes the editorial independence and press freedom of all student-edited campus media, specifically the digital and print editions of The Daily Toreador. Both print and digital publications are considered out-of-classroom learning opportunities, free from administrative censorship. Student editors of The Daily Toreador have the authority to make all content decisions; consequently, they bear the responsibility for the decisions they make. Toreador Media employs 30-50 students each semester as collegiate editors, reporters, photographers, videographers, graphic designers, and members of the delivery staff and street team. Many Toreador Media students are Media & Communication majors while others may study other disciplines. Students interested in the fields of advertising, journalism, marketing, public relations, photography, and broadcast are encouraged to apply for positions on the digital and print newspaper staffs at www.dailytoreador.com. See TTU Operating Policy 30.27.

3. Military & Veteran Programs

Military & Veteran Programs (MVP) supports veterans, service members, and their families in achieving academic and personal success. The department serves as a resource to connect military connected students, to the University and surrounding community. MVP oversees the certification of military educational benefits such as:

1. The Hazlewood Exemption is a State of Texas educational benefit that provides Veterans, spouses, and dependents up to 150 hours of exempt tuition. Per the Hazlewood Act, if eligibility is met, the Hazlwood Exemption provides an education benefit to honorably discharged or separated Texas veterans and to eligible dependent children and spouses of Texas Veterans.
2. The Department of Veterans Affairs (VA) offers various educational benefits, Connect with Military & Veteran Programs by visiting www.mvp.ttu.edu.

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Section M. Student Organizations

Student organizations at Texas Tech University are an integral component of the student involvement experience. Students are encouraged to be involved on campus and joining a student organization is one option.

Texas Tech University defines a student organization as a group consisting of five (5) or more students (president, treasurer, and a minimum of three members) joining together for a common mission, purpose, cause, and/or any other association. Only currently enrolled TTU students are eligible to be a member of student organizations at TTU.

1. Registered Student Organizations

1. To be considered a registered student organization, student organizations must meet the guidelines and expectations for a registered student organization and complete the annual registration process through the Student Involvement Office. Registered student organizations are bound by the expectations set forth by the Student Involvement Office and receive all rights and responsibilities outlined by TTU.
2. Generally, student organizations are broadly categorized all under as one of the following

categories:

3. Sport Clubs
   1. University Recreation is responsible for the oversight of the Texas Tech SportClub Program. This program exists to promote and develop interest in sports. Sport club members learn new skills, engage in competition, and enjoy the recreational and social fellowship of sport.

2. Following the annual student organization registration process via the StudentInvolvement Office, an organization should request a meeting with UniversityRecreation to initiate the application process for sports club affiliation. After obtaining Sport Club status, groups must also comply with the guidelines of the Sport Club program and University Recreation.

4. Social Fraternities/Sororities
   1. The Fraternity & Sorority Life Office is responsible for the oversight of social fraternities and sororities at Texas Tech University. A group seeking single-sex social fraternity or sorority status must first be recognized by one of the four (4) governing councils for social fraternities and sororities: Interfraternity Council (IFC), Multicultural Greek Council (MGC), National Pan-Hellenic Council (NPHC), and College Panhellenic Council (CPH).
   2. All student organizations registering as a single-sex social fraternity or social sorority must show proof of their Title IX exemption by uploading to their registration, a letter from their national affiliate with their IRS 501(c) 7 number.

2. Unregistered Student Organizations

Student organizations that are unregistered with the Student Involvement Office may not access University resources; however, unregistered student organizations shall be subject to the TTUCode of Student Conduct and the TTU Student Handbook.

3. Student Organization Policies

5. The annual registration process, administered by the Student Involvement Office, will open annually each February 1st and close the following September 1st.
6. Organizations looking to reinstate themselves must complete the Reinstatement Request form and all associated trainings. The Reinstatement process will be administered by the Student Involvement Office and will be held annually from September 2^nd through the following January 31^st.
7. A student organization is eligible for registration if it does not deny membership on the basis of race, color, religion, national origin, gender, age, disability, citizenship, veteran status, sexual orientation, gender identity, or gender expression, except for: a registered student organization created primarily for religious purposes may restrict the right to vote or hold office to persons who subscribe to the registered student organization’s religious beliefs; and a registered student organization may restrict membership based on the provisions of Title IX of the Education Amendments of 1972.
8. Faculty and staff may hold associate membership to the extent allowed by the student organization’s constitution and/or bylaws.
9. The student organization shall not duplicate the purposes and functions of a previously or currently registered student organization unless the need for duplication is substantiated with the Student Involvement Office.
10. All funds allocated to a registered student organization from University-controlled sources must be maintained in a University account. Additional resources acquired by fundraising may be kept in an off-campus organizational account.
11. The student organization shall show initiative in effectively meeting its stated purpose and be lawful and peaceful in its activities. The Student Involvement Office is available to assist in organizational development.
12. The student organization shall be free from control by any other non-student individual or organization. Alumni and affiliate/ associate members should not be granted voting privileges, nor can they hold executive officer positions. To preserve the governing integrity of a student organization, these privileges can only be vested in currently enrolled students at Texas Tech University.
13. Registered student organizations shall not use the name, logo or symbols of the University in print, online, and on social media as part of its name or in its publications. In addition, the organization shall not advertise or promote functions or activities in a manner that suggest sponsorship by the University. Registered student organizations are permitted to use the word “Tech,” “TxTech,” or “Raider” as a part of their names or to use the complete statement “a registered student organization at Texas Tech University.” Approval of the use of logos or symbols protected by Texas Tech University is under the discretion of Marketing &Communications.
14. Solicitation is prohibited on campus by registered student organizations that may abridge any contractual agreements of Texas Tech University. To avoid violations, registered student organizations should seek clarification on any solicitation initiatives or materials in the Student Involvement Office. Any student organization wishing to solicit on campus must follow the policies and procedures listed in the current TTU Solicitation Policy.
15. All registered student organization resources must be used to advance and support the organization’s purpose, identified goals, and/or mission.
16. All registered student organizations must comply with university rules, standards, and policies.
17. Student organization registration does not imply University approval of either the organization or its functions or activities.

4. Registration Process - Currently Registered Student Organizations

The registration process must be completed annually for student organizations, fraternities and sororities, and sport clubs to maintain registration status. Student Organizations must be registered to participate in summer organization fairs and the first day of the fall semester to avoid being Frozen. Organizations that are Frozen will still be able to access and register their organization but will not be listed as an organization to the public and do not have the benefits of a registered student organization. Once the organization has submitted their registration and has been approved, they will be removed from frozen status.

18. Registration occurs by going to the TechConnect website and following the process established by the StudentInvolvement Office.
19. To complete the online process, student organizations must provide the following:
    1. List of Officers (must include president and treasurer).
    2. List of full membership, must have a minimum of three (3) members in addition to a president, treasurer (total minimum organization size of five).
    3. List an on-campus address, also known as a Mail Stop or box number. Submit updated copy of constitution and/or bylaws and constitution and/or bylaws of any other local, state or national affiliate organization (if applicable).
    4. An organization’s constitution and/or bylaws should address a minimum of these areas:
       1. Name and purpose, membership requirements, selection process, accountability and removal process, anti-discrimination statement, officer titles, duties, election and removal process, departmental and/or external relationships, financial procedures, procedures for decision making (quorum and voting), faculty/staff advisor selection process and expectations, and parliamentary authority. It is recommended to include the organization’s risk management policy into the bylaws or upload it to the organization’s TechConnect portal.
    5. The president or organization must meet with the TTU Faculty/Staff advisor and have them sign an “Advisor Agreement Form.” Electronic signatures are not accepted.
    6. Upload a signed copy of the Advisor Agreement Form on the last page of registration to complete the process.

5. Registration Process - New and Reinstating Student Organizations

A student may submit the “Intent to Form” request, a new student organization application on TechConnect or a “Reinstatement Request” form, an application on TechConnect for students wanting to reinstate a frozen or inactive student organization. After submitting an “Intent to Form” request, the student will be contacted by the Student Involvement Office staff to schedule a meeting to discuss the new organization Intent to Form process, during which the student can be given approval to attend a required training. After submitting a “Reinstatement Request” form, the student will be contacted by the Student Involvement Office staff to attend a required training. The 30-day time period should be used to recruit new members, develop a constitution and bylaws and obtain a permanent full-time faculty/staff advisor. A student organization may choose to register within the 30-day time period, if they have met all of the requirements to register.

20. Extensions of the “intent” status are possible under extenuating circumstances and requests should be addressed to the Student Involvement Staff.
21. New student organizations registering as a single-sex, social fraternity or social sorority must show proof of their Title IX exemption. Upon filing their registration application, groups must submit a letter from their national affiliate with their IRS 501(c) 7 (Internal Revenue Code) tax exemption number from the Internal Revenue Service. This is the mechanism the government uses to verify eligibility for single-sex exemption.

6. Benefits of Registered Student Organizations

Benefits include: space reservations in the Student Union, opportunity to reserve rooms in academic space (i.e. classrooms), Grounds Use application, mailbox in the StudentUnion, organization information published online, posting on campus, use of University logo (with permission by Marketing & Communications), leadership training, student org resources, access to the Student Involvement Center, and opportunity for storage lockers through the Student Union Main Office.

22. Registered student organizations may apply for funding through the Student GovernmentAssociation (SGA) each year provided they are registered as a student organization with the Student Involvement Office and have completed the annual risk management requirement prior to the application deadline. Registered student organizations that are not funded by SGA may apply for funding from the Core Values Fund each year.
23. Sport clubs are entitled to all of the benefits of a registered student organization. In addition, each club receives administrative and financial support from University Recreation. Organizations that affiliate with University Recreation are not eligible for SGA and/or Core Values funding but may receive funding from University Recreation.

7. Requirements to Maintain Registration Status

24. To maintain its active registration status throughout the academic year, a registered student organization must meet the following criteria:
    1. Organizations must update the “Roster” on TechConnect at https://ttu.campuslabs.com/engage/ within ten (10) University working days of any of the following:
       1. Election of or change in officers outside of a registration period;
       2. Change of full-time faculty or staff advisor;
    2. Conduct its affairs in a lawful manner as a collaborative entity, in accordance with the constitution and bylaws it has on file, and applicable policies, rules, regulations and standards of the University and/or federal, state, and/or local statutes.
25. Solicitation on campus by registered student organizations may not abridge any contractual agreements of Texas Tech University. To avoid violations, registered student organizations should seek clarification on any solicitation initiatives or materials with the Student Involvement staff.
26. Ensure off-campus individuals or organizations whose appearance on campus is sponsored by the organization observe all applicable policies, rules, regulations and standards of the University.
27. Student Involvement Office and/or Office of Student Conduct may suspend the registration of an organization for noncompliance with the regulations and/or standards as set forth in the TTU Code of Student Conduct.

8. Training Opportunities and Requirements

The Student Involvement Office is committed to providing a variety of training opportunities to the student leaders, members, and advisors of the registered student organizations. The purpose of training is to further educate student organization leaders, members, and advisors on policy and procedures as well as develop leadership/advising skills.

28. Student Org Training Opportunities include but are not limited to the following:
    1. Student Org Officer Welcome Back Bash – This event takes place at the start of the fall semester to provide student organization officers the opportunity to make sure their organization is up to date, and aware of programs, opportunities and requirements for the academic year.
    2. Leading a Successful Organization workshops – These workshops are hosted two-three times a semester on topics that help students lead their organizations successfully throughout the academic year. Topics can include, but are not limited to, constitutions and bylaws, parliamentary procedure, elections and officer transition, being an inclusive leader, and conflict management.
    3. President Mixer – This event is hosted once every semester as an opportunity for presidents of student organizations to come together and network with their peers and to make sure their organization is meeting the deadlines throughout the academic year.
    4. Student Organization Leader Orientation (Required) – This virtual student organization educational course is provided from February 1st to the following September 1st is required to be completed by one student organization’s officer or executive board member as part of the annual registration process. This program provides resources and information to support organizational success. Learning modules include, but are not limited to, content detailing the use of campus resources, TechConnect User Trainings, Registration Training, Student Organization Risk Management Training, Conflict Management, Leadership Training, as well as Risk Intervention and Safety Education and Well-Being Training.
    5. Student Org Risk Management Training (REQUIRED) – In accordance with Texas Education Code, Section 51.9361, all registered student organizations are required to attend training sessions on the topic of risk management as it relates to individuals, organization functions, and/or activities and complete the required assessment. Social fraternities and sororities are required to attend additional Clay R. Warren Risk Education Programming annually.
    6. Additional student organization training may be deemed necessary and required by the Student Involvement Office and/or the University for organizations to attend.
29. Advisor training opportunities include but are not limited to the following:
    1. New Advisor Orientation – This program is required for new and recommended for returning advisors who would like to learn more about their role as a student organization advisor and student organization policies and procedures. This program is hosted at the beginning of each semester.
    2. Advisor Roundtable – This program is an opportunity for student organization advisors to come together and discuss topics they are experiencing with their organization, network with other advisors, and gain resources.
    3. Advisor EDU workshops – These workshops are offered twice a semester and cover topics that help the advisors successfully support and guide organizations through their day-to-day operations.
    4. Student Org Advisor Risk Management Training (REQUIRED) – In accordance with Texas Education Code, Section 51.9361, student organization advisors are required to attend training sessions on the topic of risk management as it relates to individuals, organization functions, and/ or activities. Student Organization advisors are required to attend once but are welcome to attend again if desired. If the university makes changes to the training, advisors will be requested to re-attend.
    5. Additional advisor training that may be deemed necessary and required by the university and/or Student Involvement Office for advisors to attend.

9. Faculty or Staff Advisor

30. Each registered student organization shall have a full-time TTU faculty or staff advisor available to the officers and members for consultation regarding the affairs of the organization. Attendance at organizational meetings and functions is encouraged to incorporate the advisor into the organization’s program planning and decision-making. The advisor is recommended to certify the organization’s expenditures by co-signing all checks or vouchers. The advisor must oversee adherence to University standards, rules and/or policies as well as the organization’s constitution and bylaws.
31. Registered student organizations may have additional advisors, i.e., coaches (typical of sport clubs) or alumni advisors, to the extent permitted by their constitution and/or bylaws; however, one advisor must be a full-time Texas Tech University faculty or staff member as required and identified in the registration process.
32. Any individual who is a secondary advisor or coach who is not affiliated with the University or is not a full-time Texas Tech employee should also be included when filling out the registration application, complete with names, addresses, telephone numbers, and emails.
33. Certain student organizations do not choose their advisor(s); rather, they are assigned a full-time faculty or staff person by the department to oversee the administration of those areas, groups and resources.
34. Established full-time TTU University faculty or staff members, who reduce employment hours below full-time status and maintain an office on-campus, may continue to function as the “Primary” advisor of a student organization with the approval of the StudentInvolvement Office.

10. Conduct Procedures for Student Organizations

All student organizations, registered and operating as a registered organization are held accountable for the Code of Student Conduct to include but not limited to academic integrity, sexual misconduct, hazing, and federal/state/local laws (a lack of conviction in any criminal proceeding of members of the organization or the student organization does not preclude the University from proceeding with TTU conduct processes). The student organization conduct process is outlined in the Code of Student Conduct, including processes for the interim suspension and denial of registration for student organizations.

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Section N. Student Right to Know

In compliance with federal guidelines, Texas Tech University provides all students, employees, and prospective students up-to-date information about campus crime statistics, six-year graduation rates of students and student athletes, and campus services such as tuition and fee rates, housing options, withdrawal procedures, study abroad programs and disability services. Links to current information are available at http://www.depts.ttu.edu/studentconduct/right-to-know.php.

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Section O. Student Records

1. General Policy

Policies and procedures concerning student records are based on respect for the privacy of the individual. To minimize the risk of improper disclosure, academic records are maintained separately from disciplinary records. (During the time of disciplinary suspension or expulsion, the notice is placed in the student’s permanent file.) The conditions for access to each are set forth in the TTU Student Handbook and complies with federal and state statutes and with registered student organization guidelines. The procedures set forth below apply to all persons formerly or currently enrolled at Texas Tech University.

2. Address of Record

Students must maintain an accurate permanent address with the Office of the Registrar. The address is used for official notifications including billing and notification of official University requirements. Students should maintain a current local address and telephone number that is used by University officials, and/or student organizations and the campus community. Students may update their contact information at Raiderlink via the MyTech (For Students) tab.

3. Student Access to Educational Records

1. All current and former students of the University have the right to access their educational records as provided by law.
2. Upon written requests, students may obtain copies of their educational records at their expense and pending resolution of administrative holds. Depending upon the scope of information requested, the Office of the Registrar has up to 45 days to respond to written requests. Requests for transcripts are generally completed in less than three (3) business days.
3. The University will respond to all requests for explanations and interpretations of records or information, if the response does not violate the Family Educational Rights and PrivacyAct of 1974, as amended. A student may waive the right of access to confidential letters of recommendation in the areas of admissions, job placement, and receipt of awards. Additionally, recommenders who submit a letter to a student’s credential file at the University Career Center may indicate whether they wish the student to have access to said letter. Directory information may be disclosed without the student’s permission, unless the student has requested confidentiality.

See http://www.depts.ttu.edu/registrar/Academic_Information.php for more information.

4. Non-directory information such as personal conduct, grade point average, academic progress, etc., shall not be released to non-authorized personnel without the consent of the student.

4. Records Not Accessible to Students

The following are records not accessible to students:

5. Instructional, supervisory and administrative personnel records and the student’s educational personnel records in the sole possession of the author and not revealed to any person other than a substitute (i.e. grade books, notes of observation, and notes for recollection purposes). Employment records of a University employee who is not a student.
6. Medical records are maintained for students visiting Student Health Services. Information contained in the medical record is privileged and will not be released to another person or institution without written permission of the student, unless otherwise authorized by law. Medical records are kept on file indefinitely. Students needing a copy of their medical records may contact the Medical Records Office at (806) 743-2608. While not considered “education” records under the Family Educational Rights and Privacy Act of 1974, as amended, the mentioned statute still allows the patient, in most instances, access to his/her

records. The general rule of confidentiality contains an exception when the patient or someone authorized to act on his/her behalf submits a written consent. Consent must be in writing and signed by the patient (or a parent or legal guardian if the patient is a minor). A physician shall furnish copies of medical records requested in accordance with the consent provided, except if the physician determines that access to the information would be harmful to the physical, mental, or emotional health of the patient.

7. Medical and/or psychological information submitted to Student Disability Services for the purpose of determining eligibility and services are not releasable. Students may obtain the original information from the sources.

5. Authorized Non-Student Access to Student Records

Educational records, including non-directory information and personally identifiable information within a record, may be released without the written consent of the student to:

8. Officials, faculty and staff employed by the University if they have a legitimate educational interest.
9. Officials of other educational institutions in which the student intends to enroll or seeks to enroll so long as the disclosure is for purposes related to the student’s enrollment or transfer.
10. Authorized representatives of federal, state, or local educational authorities.
11. Individuals needing this information in connection with a student application for, or receipt of, financial aid.
12. Organizations or third-party contractors such as Educational Testing Service, which may assist the institution with administering predictive tests, student aid programs and improving instruction or related work processes. The organizations must not show the personally identifiable information to outsiders and the information must be destroyed when no longer needed for audit, evaluation, or compliance with federal requirements.
13. Accrediting organizations.
14. Parents who certify a student is carried as a dependent for federal income tax purposes. This certification must be reviewed and documented by the Office of the Registrar.
15. Appropriate persons, if necessary, to protect the health or safety of the student or other persons.
16. Individuals requiring such information by means of a judicial order or any lawfully issued subpoena.

6. Challenge of Record Information

Students have the right to challenge records and information directly relating to them. The challenge is limited to inaccurate, misleading or otherwise inappropriate records and information. The procedures set forth below shall be followed for an appropriate challenge.

17. Any student wishing to challenge records or information directly relating to him or her must notify the individual responsible for maintaining the records. The notice must be in writing and specifically identify the item challenged and the basis for the custodian of the

18. All initial meetings will be informal, and participants will include: the custodian of the challenged records or information, the student and the author (if appropriate) of the material.
19. If any of the participants (record custodian, student or author) are not satisfied with the results of the informal meeting, a formal Hearing will be conducted under the following procedures:
    1. The Hearing will be conducted within seven (7) University working days following the request for the Hearing.
    2. The Hearing will be conducted by an institutional official or other party who does not have direct interest in the outcome of the Hearing appointed by the DOS/VPSL.

3. A written decision must be delivered in writing to all interested parties within seven (7) University working days after the conclusion of the Hearing.

7. Release of Student Directory Information

20. Directory information of students who have not elected to restrict their directory information may be released to third parties upon request.
    1. Student Name
    2. Permanent and Local Addresses
    3. Place of Birth
    4. Classification
    5. Major Field of Study
    6. Dates of Attendance
    7. Degrees, Awards, and Honors Received
    8. Specific Enrollment Status
    9. Full-time, Part-time, Half-time
    10. Undergraduate, Graduate, Law, Veterinary Medicine
    11. Participation in Officially Recognized Sports and Activities
    12. Height/weight of members of Athletic Teams
    13. Previous Institution(s) Attended
21. This information will be released by various campus offices periodically, or on request, unless the student stipulates that directory information (as defined above) be withheld. Students may request that directory information be withheld in writing in West Hall, room 103, or by restricting personal directory information at under the MyTech (for Students) tab. A currently enrolled student may restrict access to their directory information by visiting Raiderlink, clicking on the MyTech tab, then clicking Update Confidentiality/Directory Profile Status. Restricted information remains so until revoked by the student.
22. The personal identifying information obtained from an individual for the purpose of the emergency alert system of an institution of higher education, including an e-mail address or telephone number, is confidential and not subject to disclosure under Section 552.021,Government Code.

8. Destruction of Records

9. Letters of Recommendation

23. Students may review recommendations used in application for employment or for admission to any educational agency or institution, or information concerning honors awarded, except when the student waives, in writing, the privilege of examination.
24. Appropriate forms are available in the University Career Center for students using the credentialing service to store letters of recommendation for future employment purposes. These forms provide the student with several options concerning the use and confidentiality of letters of reference and recommendation. Under the Family EducationalRights and Privacy Act 1974, as amended, the student does not have access to confidential letters and statements of recommendation which were placed in the educational records before January 1, 1975, if the letters or statements are used for purposes for which they were specifically intended.

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Section P. Use of University Space

1. General Policy

Freedom of expression is critical and fosters free, robust, and uninhibited debate and deliberations by students enrolled at TTU as well as other persons. The purpose of this section is to establish the approval process for the use of University grounds, facilities, and amplification equipment for faculty, staff, academic, and administrative departments. With the exception of expressive activities outlined under Texas Tech University System Regulation 07.04, the space and facilities of the University are available according to the following priorities: the support of the instructional programs of the institution; the programs sponsored and conducted by University academic and administrative departments or organizations affiliated with those departments; the use of campus space and facilities for activities that have as their purpose, service or benefit to

the Texas Tech University community, and that are sponsored by registered student organizations, students, faculty, and employees. Notwithstanding any other provision set forth in this section or elsewhere in this Handbook, in the event of any conflict between the terms of TTUS Regulation 07.04 and the provisions of this Handbook, the terms of TTUS Regulation

07.04 shall control.

Except as specifically provided in TTUS Regulation 07.04 or elsewhere in this section, University facilities may not be used by individuals or organizations not connected with the University. An individual who is not a student, faculty, or staff member may attend public functions or activities held on University property, but to be eligible for the use of campus facilities, the function or activity must be sponsored by and affiliated with a University department or registered student organization. There may be a charge for attendance at some events. Sponsorship and/or co-sponsorship minimally include, but are not limited to, direct participation in planning, coordination and implementation by members of the sponsoring organizations. A department, student or registered student organization may not reserve space or facilities on campus and permit it to be used by a non-registered organization or off- campus group or person. Except as otherwise permitted under Texas Tech University or Texas Tech University System policies, non-registered student organizations or off-campus groups or persons not sponsored by a department or registered organization will not be permitted to reserve facility spaces on campus. State law requires that University facilities and property not be used for private gain.

2. Reservation Requirements

1. Reservations must be made for the use of facilities under the control of the University. Requests for reservations will be granted according to the priorities of the designated area. Requests must be made to the appropriate office. Requests from registered student organizations must be signed by the organization’s president and full-time faculty/staff advisor. Requests from individuals must be signed by the person applying for the use of the space or facilities.
2. If the use of facilities is for programs or activities involving minor children, the sponsoring group must comply with Texas Education Code § 51.976, which requires sexual abuse and child molestation training, certification, and reporting for program employees. Documentation of timely reporting to the Texas Department of State Health Services of such training should be received before reservation of space or facility will be confirmed.

3. Use of Facilities by Student Organizations

3. Student organizations must be registered to use University facilities or grounds.
4. These meetings must be held within a 30 calendar-day time period from the date the Student Involvement Office staff notifies campus partners that provide resources to student organizations for the petitioning organization’s intent to register. Academic campus facilities may be reserved by “- petitioning-” student organizations for one meeting only, if their full-time faculty or staff advisor agrees to be present at their event. Petitioning student organizations are also allowed to submit unlimited grounds use requests during the 30-day time period. Additional reservations will not be approved until the student organization is registered.

4. Procedure and Priorities for Designated Facilities

5. Student Union

Priority for use of space in the Student Union is given to programs and activities which are conducted by the various departments within the Student Union. Secondary priority is given to registered student organizations and University departments. Reservations can be made in the Student Union Office, room 201, via phone 806-742-3636, or at studentunion@ttu.edu. More information can be found at www.sub.ttu.edu.

Academic Buildings

Any registered student organization may request the use of space in academic buildings for specific purposes. These purposes may include, but are not limited to, regular meetings of honorary or professional organizations, lectures, seminars or workshops, and special programs and functions. The space must be reserved through the Operations. All requests must be submitted by an active student leader of the student organization using the online request form in Ad Astra Schedule at https://www.aaiscloud.com/TXTechU. A link to the scheduling site and complete instructions can be found on the Operationswebsite.

All requests must include the name of the student organization as listed in TechConnect, full name, department, and phone number of the student organization’s full-time faculty or staff advisor. Recurring space assignments may be made for one semester only. All space assignments are made on the basis of use consistent with the purposes of the University and of available space. As stated in OP 61:41, space assignments for student organizations will not be scheduled on weekends, holidays, during final examination periods, or during Individual Study Day, only Monday – Friday 6 a.m. to 10 p.m.

Academic use by departments and colleges has priority over other uses and organizational assignments may be changed or canceled if conflicts with regular academic programs develop. Registered student Organizations cannot schedule on behalf of non-registered groups, individuals or for personal use.

6. Academic Space will be assigned on a limited basis if:
   1. The intended use is in keeping with the educational purposes of the University.
   2. The intended use does not conflict with the use by academic programs or academic organizations.
   3. The intended use does not conflict with normal security and maintenance schedules.
7. Residence Halls

Enrolled students who live in the residence halls and participate in the residence hall governments have first priority for use of all residence hall facilities. Facilities may also be provided for individuals or groups whose activities are sponsored by, or affiliated with, University Student Housing. University departments or registered student organizations may use residence hall facilities during the summer, or at times when space is available, for workshops, institutes, short courses, and conferences. However, space availability is limited, and requests for the use of residence hall space must be made to the Managing Director of University Student Housing.

8. Intercollegiate Athletic Facilities

Texas Tech University complies with ADA standards and ensures access and accommodations for guests to all facilities listed. The Jones/AT&T Stadium Athletic Complex, Fuller Track and Field, Rip Griffin Park, McLeod Tennis Center, Rocky Johnson Field, John Walker Soccer and other athletic fields are owned and maintained by the University for the primary use and benefit of the intercollegiate athletic programs of the University, of allied non-University athletic activities consistent with such programs and of official academic events of the University. The use of these facilities shall be limited to these purposes unless otherwise authorized by the TTU Intercollegiate AthleticsOffice. Requests for use of all intercollegiate athletic facilities must be made to the TTUIntercollegiate Athletics Office. Texas Tech University complies with ADA standards and ensures access and reasonable accommodations for guests to all facilities listed in items e-i below.

Recreational Facilities

The Robert H. Ewalt Recreational Center, Aquatic Center, Leisure Pool, recreation fields, gazebos, tennis courts, racquetball courts and basketball courts are intended primarily for student recreational and instructional use on an organized group and individual basis. University Recreation is responsible for scheduling the use of these facilities.

9. McKenzie-Merket Alumni Center

The McKenzie-Merket Alumni Center, located on the southeastern corner of the Texas Tech campus, directly west of the Kent R. Hance Chapel, is the home for all Texas Tech Alumni and friends. This facility boasts a ballroom that can seat 300-plus for a banquet and more than 500 in a theatre setting. Two separate courtyards provide space for outdoor events. Booking of this facility is coordinated by the Texas Tech Alumni Association at (806) 742-0400.

10. Frazier Alumni Pavilion

The Frazier Alumni Pavilion, situated just southwest of Jones AT&T Stadium is a 6,000- square foot facility designed to host large banquets but can be configured for weddings, press conferences, and other events. It also has a 10,000-square foot outdoor porch area that can be used to increase the size of your event. To book this venue, contact the Texas Tech Alumni Association at (806) 742-0400.

11. Kent R. Hance Chapel

A 6,879-square foot, 250-seat, non-denominational Spanish Renaissance chapel is capable of supporting a broad range of services and events. To book this venue, call (806) 742-0400.

12. United Supermarkets Arena

The United Supermarkets Arena is a 15,000-seat multi-purpose facility and is host to a variety of entertainment and athletic events, including Texas Tech University basketball and volleyball, commencement ceremonies, concerts and numerous meeting room events. Facilities available for lease within the United Supermarkets Arena include the four (4) meeting rooms in the City Bank Conference Center, Club Red, the arena concourse, the arena floor, and the arena bowl area.

Registered student organizations receive rental discount for the City Bank Conference Center meeting rooms. Texas Tech University Commencement, Texas Tech University Health Sciences Center Commencement, Texas Tech basketball and volleyball games and major arena events, such as concerts, have priority in booking the United Supermarkets Arena. Space in the United Supermarkets Arena is reserved through the ArenaManagement Office.

5. Use of Campus Grounds

With the exception of expressive activities under TTUS Regulation 07.04, or as otherwise outlined in this section, university grounds are available for use only in accordance with the following policies and procedures:

1. Selected grounds area (other than those described above) are available for activities that are sponsored and approved by University departments, registered student organizations session, examinations, or other campus community activities.
2. Special events such as dances, pep rallies, ceremonies, or recreational activities that include the use of bands or amplification equipment may be held in approved locations only with prior approval of the Outdoor Events Coordinating Committee (OECC).
3. Outdoor dances utilizing sound amplification devices may be held only on Friday and Saturday nights and must terminate by 1 a.m. Bands may use their own equipment on such dates.

1. Academic Use

1. Participants in, and/or sponsors for, events may be required to sign a “Hold

2. The sponsor shall contact the Environmental Health and Safety Department to make necessary arrangements for any event that includes food, concessions or a mobile concession stand. In order for any person, vendor, or organization to operate a temporary food service or mobile unit on Texas Tech property, the Environmental Health and Safety Department must issue a valid Temporary Food Service Permit.
3. The sponsor should contact Transportation & Parking Services to make necessary parking arrangements for the event.
4. If the use of University grounds is for programs or activities involving minor children, the sponsoring group must comply with Texas Education Code § 51.976, which requires sexual abuse and child molestation training, certification, and reporting for program employees. Documentation of timely reporting to the TexasDepartment of State Health Services of such training should be received before reservation of space or facility will be confirmed.

6. Expressive Activities

Expressive activities on the TTU campus are governed by Texas Tech University System Regulation 07.04. Notwithstanding any other provision set forth in this section or elsewhere in this Handbook, in the event of any conflict between the terms of TTUS Regulation 07.04 and the provisions of this Handbook, the terms of TTUS Regulation 07.04 shall control.

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Section Q. Withdrawals

1. Voluntary Withdrawal from the University

1. According to the Undergraduate and Graduate Catalog and OP 34.05, students who find it necessary to withdraw from the University during a semester or summer term must submit a request to withdraw at https://db.reg.ttu.edu/withdraw prior to the term withdrawal deadline. The request to withdraw will be processed for the date submitted within three business days. A student wishing to drop to zero hours must withdraw from the institution. A student may not withdraw from a term when any course for that term has been completed. Intercession courses are a part of the subsequent term (e.g. August intercession is a part of the Fall term) and factor into enrolled hours, GPA, academic standing and other calculations. If a student withdraws prior to the semester class withdrawal deadline, a W will be recorded for all classes that semester or term, and these W’s will not be counted toward the six state-defined permitted drops. International students must receive clearance from the Office of International Affairs as a part of the withdrawal procedure. Student athletes must receive clearance from their Athletic Academic Advisor. Withdrawal and re-enrollment procedures vary for School of Law students. Students enrolled in the School of Law and seeking withdrawal information should contact the Associate Dean for Academic Affairs at the School of Law for assistance.
2. Refunds

The Undergraduate and Graduate Catalog indicate that students withdrawing to zero hours at their request or those who have been withdrawn due to University action may be eligible to receive a refund of paid tuition and fees. A tuition and fee refund schedule is listed in the Undergraduate and Graduate Catalog and at http://www.depts.ttu.edu/registrar/.School of Law students must contact the School of Law’s Senior Financial Aid Advisor to discuss eligibility for refunds.

3. Returning to the University after a Voluntary Withdrawal

Reactivation materials and deadlines for former Texas Tech students are available at https://www.depts.ttu.edu/admissions/apply/status/returning_other/former/. Official transcripts from all institutions attended subsequent to the last term of enrollment at Texas Tech must be submitted by the application deadline. All returning students must have a minimum of a 2.0 GPA on work taken since leaving Texas Tech. Please visit the following for more information: http://www.depts.ttu.edu/formertech/.

School of Law students must contact the Associate Dean of Academic Affairs to discuss the process of returning to school.

2. Involuntary Withdrawals

4. When a student poses a direct threat to the health or safety of others and/or poses a risk of self-harm, and the direct threat or risk cannot be eliminated or reduced to an acceptable level through the provision of reasonable accommodations where required, a student may be involuntarily withdrawn from the University.
5. Notice

Notice regarding students who may be direct threats (both self-reports and third-party reports) should be made to the Office of the Dean of Students or designee.

6. A “direct threat” means
   1. There is a high probability (not just a slightly increased, speculative, or remote risk) of substantial harm
   2. Based on observation of a student’s conduct, actions, and statements.
7. The DOS/VPSL or designee will review the information presented in the notice, including what attempts, if any, have been made to reduce or eliminate the direct threat, such as the student’s voluntary compliance with medical or counseling assistance.
8. The DOS/VPSL or designee will notify the student of the concern. The DOS/VPSL or designee will request a meeting with the student to inform the student that an initial individualized, objective assessment will be scheduled in order to determine whether the student poses a direct threat to him/herself or others. The meeting may include, but is not limited to discussion of:
   1. Involvement of parents or significant others;
   2. Academic progress;
   3. Living arrangements;
   4. Previously granted accommodations;
   5. Confidentiality waivers;
   6. Other possible accommodations, care and support resources including medical or counseling assistance; and
   7. Withdrawal implications such as financial aid, health insurance, visas, and academic timelines.

If the student does not respond to the request for a meeting or does not attend the meeting, written notice of the pending assessment will be sent via certified mail to the student’s last known official, local address as provided by the student to the Office of Registrar and/or electronically to the student’s University email account. Students not responding to requests for meetings or assessments may be referred to the Office of Student Conduct for allegations of failure to comply with reasonable directives and/or requests of a University official acting in the performance of their duties. During the involuntary withdrawal process, if the DOS/VPSL or designee determines that an immediate direct threat exists against others or if the student poses a risk of self-harm that cannot be reasonably accommodated or an overt disruption of the campus community has occurred, the student may be temporarily suspended pending a final decision on the involuntary withdrawal as long as the student has received notice of the concern, and had an opportunity to address and respond the concern, and the student is afforded the right to appeal the final decision. During a temporary suspension, the student may not attend classes, use University services and/or resources (except those expressly permitted by the DOS/VPSL or designee), and may not physically be on campus until the proceedings have been resolved. If the student needs to return to campus, the visit must be coordinated through the DOS/VPSL or designee and the Texas Tech Police Department.

9. Involuntary Withdrawal Assessment

An individualized, objective assessment will be completed to determine whether a direct threat exists, and if so, whether the student should be permitted to remain enrolled at the University.

The assessment will be based in part on reasonable medical judgment, using current medical knowledge, or the best available objective information, to assess the student’s ability to safely participate in the University’s programs. Additionally, the assessment may include but is not limited to information related to the student’s threat to self or others, non-compliance with University requirements or expectations, and/or lack of Academic progress. Students with disabilities have the right to have their disability considered during the review. However, the student must adhere to all academic requirements, and technical standards set forth by their department or college. The student must be able to meet the requirements with or without accommodations for their disability.

The student may provide information from other medical professionals as part of the assessment. If a student elects not to participate in this assessment, the process will continue with the information that is otherwise available to consider.

The assessment will determine:

1. The nature, duration, and severity of the risk;
2. The probability that the potentially threatening injury or self-harm will actually occur; and
3. Whether reasonable modifications of policies, practices, or procedures will sufficiently mitigate the risk.
   1. Involuntary Withdrawal Committee

The assessment report will be forwarded to the Involuntary Withdrawal Decision maker/Committee for review. The Involuntary Withdrawal Decision maker/Committee composition, including number of member(s), shall be within the University’s discretion based upon the nature of the situation and may be comprised of members from the following departments: the student’s Associate Academic Dean, Director of the StudentCounseling Center, Medical Director of Student Health Services, Director of StudentDisability Services, and DOS/VPSL. If the student resides in campus housing, the Director of Student Housing may also serve as a member of the committee. If the student is a law student, the Associate Dean of Students may also serve as a member of the Committee. A resource person may be assigned from the DOS/VPSL to present information and assist the Decision maker/Committee. The Involuntary University Withdrawal Decision maker/Committee will meet and/or correspond with the student in an informal, non-adversarial setting to review the information collected throughout the process and discuss the assessment with the student. As reasonably possible, the student will be permitted an opportunity to address the evidence being considered by the Involuntary Withdrawal Decision maker/Committee.

As reasonably possible, the student will be provided information to be considered by the Decision maker/Committee. Following the opportunity for the student to meet and/or discuss with the Decision maker/Committee, the Involuntary Withdrawal Decision maker/Committee will recommend one of the following:

1. The student may remain enrolled at the University with no restrictions;
2. The student may remain enrolled at the University subject to specific conditions and/or restrictions as defined by the Involuntary Withdrawal Decision maker/Committee; or
3. The student should be involuntarily withdrawn from the University upon a specific date.
   1. Review of Committee Recommendation

The DOS/VPSL or designee will notify the student in writing of the Decision maker/Committee decision within five (5) University working days.

2. Appeals Process

The student may appeal the decision of the DOS/VPSL or designee by submitting a written appeal to the DOS/VPSL within five (5) University working days of receiving notification of decision. The student will be notified in writing of the final decision within five (5) University working days of receipt of the appeal.

3. Final Decision

Upon completion of the appeal process or with no receipt of an appeal, the student who is involuntarily withdrawn may not attend class or use University facilities, must vacate University housing within 48 hours and may not return to campus unless approved by the DOS/VPSL. Referrals maybe made for the student upon request to appropriate community resources, i.e. medical care and housing. The student may be entitled to refunds of prorated tuition, fees, and room and board charges as a result of involuntary withdrawal. A registration hold will be placed on the student’s record at the direction of the DOS/VPSL or designee, limiting any subsequent registration until approval is given by the DOS/VPSL or designee.

4. Eligibility for Readmission

Students are eligible for consideration of readmission following an involuntary withdrawal based on an individualized assessment of the student’s situation. At such time, the student should present documentation to the Office of the Dean of Students for review. Documentation may include, but it is not limited to, current psychological evaluation, demonstration of ongoing medical care, and a plan for care upon re-enrollment. The documentation shall be presented to the Involuntary Withdrawal Committee for recommendation to the DOS/VPSL or designee. Readmission requests and documentation must be presented by February 1st for summer enrollment, May 1st for fall enrollment, and October 1st for spring enrollment. Readmission will be contingent upon demonstration or documentation that the student is no longer a direct threat or no longer poses a risk of self- harm that cannot be reasonably accommodated, and upon meeting admission deadlines and requirements.

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Appendix A. Definitions

1. Academic Work, Test, Quiz, or Other Assignment

The terms “academic work, test, quiz, or other assignment” includes any required or optional academic work that is assigned. Examples include, but are not limited to, exams, quizzes, tests, homework, case studies, essays, research papers, group work, extra credit assignments, class attendance, experiential learning activities, internship or externship components, resumes, comprehensive exams, and thesis and dissertation drafts, and submissions.

2. Administrative Hold

The term “administrative hold” refers to the indicator placed on a student’s record preventing access to such University procedures as registration, release of transcripts, and course add/drops until the student meets the requirements of the University office placing the indicator as described in the Undergraduate/Graduate Catalogs.

3. Behavioral Intervention Team (BIT)

A Behavioral Intervention Team is a multidisciplinary group of campus professionals (e.g., student affairs, counseling, police) that proactively manages, assesses, and responds to reports of disruptive or concerning student behavior. By tracing “red flags” and coordinating, they aim to support student well-being while ensuring campus safety.

4. Consent

5. Coercion

Sexual coercion is defined as the use of violence or threats of violence against a person or the person's family or property; depriving or hindering a person by any means, substance, object or clothing; attempting to intimidate a person by threats or force; or when committed with the intent to compel a person to do or abstain from doing an act that the person has the right to do or abstain from doing. Coercion is more than an effort to persuade, entice, or attract another person to have sex. In evaluating whether coercion was used, the University will consider: (i) the frequency of the application of the pressure, (ii) the intensity of the pressure, (iii) the degree of isolation of the person being pressured, and (iv) the duration of the pressure.

6. Dating Violence

Physical, sexual, or verbal 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 Complaining Party. 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 individuals involved in the relationship.

A casual acquaintanceship or ordinary socializing between two (2) individuals does not constitute a romantic or intimate relationship. This definition does not include acts covered under Domestic or Family Violence.

7. Designee

The term “designee” refers to the Dean of Students/Vice Provost for Student Life (DOS/VPSL) or could include but is not limited to an individual staff member, Office of the Dean of Students staff, Office for Student Rights & Resolution Staff, Title IX Administration, and members of the Behavior Intervention Team.

8. Disciplinary Good Standing

The term “disciplinary good standing” is defined as a student not currently on disciplinary probation, deferred disciplinary suspension, or any level of disciplinary suspension/expulsion and who has fulfilled in a timely manner, if any, sanctions imposed.

9. Domestic or Family Violence

Physical, sexual, or verbal abuse or violence committed by a current or former spouse or intimate partner of the Complaining Party, by an individual with whom the Complaining Party shares a child in common, by an individual with whom the Complaining Party is cohabiting (or has cohabited) with a spouse or intimate partner, by an individual similarly situated to a spouse of the Complaining Party under the Domestic or Family Violence laws of the state of Texas, or by any other individual against an adult or youth victim who is protected from that individual’s acts under the Domestic or Family Violence laws of the state of Texas.

10. Employee

The term “employee” means any person who receives a W-2 or 1042-S from the university, including full-and part-time faculty, staff, and students.

11. Member of the University Community

The term “member of the University community” includes any person who is a student, faculty or staff member, University official, or any person employed by the University or campus visitors.

12. Official Academic Record

The term “official academic record” includes, but is not limited to applications for admission, the awarding of a degree, grade reports, test papers, registration materials, grade change forms, and reporting forms used by the Office of the Registrar.

13.

14. Organization

The term “organization” means a fraternity, sorority, association, corporation, order, society, corps, club, or student government, a band or musical group or an academic club, athletic, cheerleading, or dance team, including any group or team that participates in National Collegiate Athletic Association competition, or a service, social, or similar group, whose members are primarily students.

15. Policy

The term “policy” is defined as the written regulations, standards and/or rules of the University.

16. Religious Holy Day

The term “religious holy day” means a holy day observed by a religion whose places of worship are exempt from property taxation under Texas Tax Code § 11.20.

17. Retaliation

The term “Retaliation” is defined as any intentional, adverse action taken by any party to the matter, absent legitimate nondiscriminatory purposes, against a participant [or supporter of a participant] in an investigation and/or conduct process, civil rights grievance proceeding, or other protected activity. Retaliation is strictly prohibited against a person who files a report through appropriate university reporting mechanisms made in good faith, who assists someone in filing a report, or participated in any manner in the investigation and/or conduct process.

18. Sponsorship and/or co-sponsorship

The term “sponsorship and/or co-sponsorship” is defined as minimally including, but not limited to, direct participation in planning, coordination and implementation by members of the sponsoring organizations.

19. Student

The term “student” includes all persons admitted to or enrolled in courses at the University, either full time or part time, pursuing undergraduate, graduate or professional studies, and/or those who attend postsecondary educational institutions other than Texas Tech University and who reside in University residence halls. Persons who are not officially enrolled for a particular term but who have a continuing relationship with the University are considered “students.”

20. Student Organization

Texas Tech University defines a student organization as a group consisting of five (5) or more students (president, treasurer, and a minimum of three members) joining together for a common mission, cause, and/or any other association. Only currently enrolled students are eligible to be part of student organizations at TTU. TTU registers student organizations annually through the Student Involvement Office. Registered student organizations are bound by the expectations set forth by the Student Involvement Office and receive all Rights and Responsibilities outlined by TTU (Section M. Registered student organizations): 1.a). Student organizations that are unregistered may not access University resources; however, unregistered student organizations shall be subject to the TTU Code of Student Conduct.

21. Student Threat Assessment Team (STAT)

The Student Threat Assessment Team is a defined group of individuals on campus assembles as needed to provide rapid, expert intervention feedback during critical, time-sensitive situations.

22. University

The term “University” means Texas Tech University and Texas Tech University Health Sciences Center.

23. University Official

The term “University official” includes any person employed by Texas Tech University or Texas Tech University Health Sciences Center while performing assigned administrative or professional responsibilities.

24. University Premises

The term “University premises” includes all land, buildings, facilities and other property in the possession of or owned, used or controlled by the University (Code including adjacent streets and sidewalks).