TAMIU Student Handbook 2021-2022

Page 41 of 91 Section 8.03 Standard of Proof: Preponderance of the Evidence The level of proof required at TAMIU in University disciplinary cases is a preponderance of the evidence. This means sufficient evidence to show that the facts are more likely to be true than not true. Section 8.04 Good Cause Provision The survivor or victim of an alleged act of misconduct may be unwilling to serve as the complainant. In such circumstances, if the Vice President of Student Success (or their designee) determine there is good cause for charges to be brought against the respondent(s) in the interest of the University community, the Vice President of Student Success (or their designee) may proceed with complaint. In cases involving Civil Rights grievances, the Director of Equal Opportunity and Diversity will make the determination. Section 8.05 Amnesty The health and safety of our students are of primary concern at TAMIU. TAMIU is committed to ensuring that students obtain timely medical assistance for themselves and fellow Dustdevils in the case of medical emergencies. The Division of Student Success recognizes that the potential for disciplinary action by the University may discourage students from seeking medical assistance for themselves or others in a time when medical attention is needed. TAMIU’s Amnesty assists individuals whose judgment or health is affected due to the consumption of alcohol or controlled substances by removing impediments to seeking medical assistance. Students are encouraged to contact the University Police Department, medical emergency professionals, or other University officials when medical assistance is needed. In matters of sexual misconduct, concerns regarding alcohol and/or other drug violations should not prevent reporting an incident. TAMIU will “not take any disciplinary action against a student enrolled at the institution who in good faith reports to the institution being the victim of, or a witness to, an incident of sexual harassment, sexual assault, dating violence, or stalking [as defined in System Regulation 08.01.01, Civil Rights Compliance ], for a violation by the student of the institution’s code of conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the institution’s disciplinary process regarding the incident, if any.” (Texas Education Code Sec. 51.284). To learn more about amnesty, please read Appendix D.