TAMIU Student Handbook 2021-2022

Page 28 of 91 15. “ Investigation ” means the process to obtain and review facts relevant to one or more conduct charges. Investigations may result in charge(s) , a form of alternative dispute resolution, or dismissal of complaint. 16. “Investigative authority” means one or more trained individuals appointed to conduct a formal investigation to discover and examine the facts of an allegation and conclude if, based on the preponderance of the evidence, the allegation is substantiated, unsubstantiated, or if there is insufficient information. In grievances involving allegation of sex-based behaviors, the investigative authority will be limited to only reporting the evidence collected during the investigation, as well as issuing appropriate determination surrounding credibility of witnesses and evidence. 17. “ Institution ” or “ University ” means TAMIU. 18. “ Member of the University community ” includes any person who is a student, faculty member, staff, University official or any other person employed by the University . 19. “Mitigating factors” means facts or circumstances that may be relevant to the adjudication or sanctioning of a student conduct case. These factors do not constitute a justification or excuse for the offense in questions. 20. “ Not in good standing ” means a student who is subject to the following restrictions: ineligibility to hold an office in any student organization recognized by the University or to hold any elected or appointed position within the University; Ineligibility to compete in intercollegiate athletic activity; ineligibility to represent the University in any capacity, including representing the University at any official function; and, ineligibility to receive a University-administered scholarship or fellowship when the sanction is in place for longer than one semester. 21. “ Organization ” means any number of people who meet one or more of the following criteria: a. Belong to a group whose members are primarily TAMIU students including but not limited to academic, athletic, recreational, religious, performance, political, and social or similar groups, and/or, b. Have complied with the formal requirements for University recognition, and/or c. Are advised by a University official whose position description designates them as an advisor, and/or d. Are advised by a University official who has volunteered as an advisor, and/or e. Are otherwise considered by the University to be an organization. 22. “Peace officer” means a person authorized by state or federal law to enforce the law. University police are peace officers who may also assist in the enforcement of System policies and regulations and University rules and procedures. 23. “Possession” means on your person or within your custody, control or care, with or without rights of ownership.