TAMIU Student Handbook 2019-2020

Page 2 decision. The Coordinator will then provide the written decision to the following: i. Complainant and respondent, concurrently. ii. The respondent’s immediate supervisor and/or department head, if necessary. iii. The investigative authority. h. Within 5 University business days of receipt of the written decision, the complainant and respondent shall have the right to file a written appeal to the Coordinator. The bases for all appeals in sex discrimination matters, which includes sexual harassment, sexual exploitation, non-consensual sexual contact, dating violence and domestic violence, shall be: i. A procedural error or omission that significantly impacted the outcome. ii. New evidence, unknown or unavailable during the investigation, that could have significantly impacted the outcome. iii. The appropriateness or severity of the sanctions. i. The basis for all appeals in discrimination matters not based on sex shall be limited to the appropriateness or severity of the sanctions and are reserved for outcomes that result in a sanction of separation (expulsion or suspension). j. The decision of the appeal shall be final. k. The appellate process can be found on Section 9.07. 5. At any time during the process, the Coordinator or Director of Student Conduct and Community Engagement can direct interim assistance and/or protective measures, as appropriate. 6. Both the complainant and respondent may have an advisor present during the investigative process, though communication may not be made directly between the investigative authority and the advisor. Refer to Section 8.02 for guidance on advisors. 7. For civil rights investigations, the following definitions shall be used, some of which may be slightly different from the definitions contained in the Student Handbook: a. Complainant – the individual(s) subjected to the alleged discrimination. ( System Regulation 08.01.01, Civil Rights Compliance ) b. Complaint – a petition made, not necessarily in writing, by the complainant concerning actions or behaviors that constitute a violation of civil rights policy. c. Investigative authority – one or more trained individuals appointed to conduct a formal inquiry 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. ( System Regulation 08.01.01, Civil Rights Compliance )