Campus Conduct Hotline is a confidential, anonymous way to alert administrators of unsafe or unethical behavior BEFORE it spirals out of control.
Complaints under this policy will be investigated by the Title IX coordinator, deputy or a designee (referred as the “investigator”). Other university officials may assist in gathering facts during the investigation and information from TLU campus security or local law enforcement officials may be considered. Both parties will be given the same opportunity to present relevant evidence and witnesses, including character witnesses. If the respondent is allowed to review the complainant’s statement, the complainant may also review any statement by the respondent. No other witness statements or documents will be available for review by the parties during the investigation. In cases of alleged domestic violence, dating violence, sexual assault, or stalking, proceedings under this policy shall provide a prompt, fair, and impartial investigation and resolution; and be conducted by officials who receive annual training on the issues related to domestic violence, dating violence, sexual assault, and stalking and how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability.
TLU will make every effort to complete its investigation of Title IX sex discrimination complaints within 60 days. If additional time is needed, both the complainant and respondent will be notified. In addition, the complainant and respondent will receive periodic status updates on the progress of the complaint. During the investigation and any subsequent hearing process or appeal, TLU may implement interim actions including, but are not limited to no-contact orders pending the outcome of the investigation and/or appeal, providing academic support and counseling services, changing living arrangements or course schedules, assignments, or tests, temporary removal of the respondent from the campus community pending the outcome of an investigation, and options for avoiding contact, including being allowed to change academic and extracurricular activities and living, transportation, dining, and working situations as appropriate.
Relevant Information for Investigation
At the outset of an investigation, the Title IX coordinator/investigator will notify the respondent of the allegations against him or her and request a written response. In addition, the Title IX coordinator/investigator may collect and consider the following types of information:
- Statements by the complainant and respondent about the alleged incident(s);
- Statements by witnesses to the alleged incident(s);
- Evidence about the credibility of the complainant and the respondent;
- Evidence that the respondent has been found to have harassed other;
- Evidence that the complainant has made false allegations against other individuals;
- Evidence as to whether the complainant’s reaction or behavior after the alleged harassment;
- Evidence as to whether the complainant filed a complaint or took other action to address the conduct soon after the incident occurred; and
- Other evidence of the harassment (e.g., reporting conduct to parents, counselors or friends, or medical records)
- The fact of a current or previous consensual dating or sexual relationship between the parties will not imply consent or preclude a finding of sexual violence.
The Title IX coordinator/investigator has broad discretion in determining whether a proffered witness or documentary information would be relevant or helpful to a determination.
A “preponderance of the evidence” standard will be used.
Time Frame for Investigation and Completion of Report
An investigation and report should normally be completed within 60 calendar days after notice of a complaint. This time may be extended for good cause, including breaks or the unavailability of the complainant or respondent. A written decision should be completed and provided to the parties at the conclusion of the investigation.
All faculty, staff and students are required to cooperate in the investigation process. Refusal to cooperate will result in disciplinary action based on failure to cooperate in an official university investigation for employees and disciplinary action potentially leading to dismissal.
Notice of Investigation
At the outset of an investigation, the investigator will advise the respondent of the allegations against him or her in writing.
Opportunity to Participate
Both the complainant and the respondent will have the same opportunity to meet with the investigator, to submit relevant documentary or other evidence, including character evidence, and to request that the investigator speak with relevant witnesses and evaluate written documents and statements. The investigator may exclude any third party (including legal counsel, family members, or character witnesses) from such meetings and interviews.
Pending criminal matters
The internal investigation will proceed whether a related criminal matter is pending or not. If there is an ongoing criminal investigation, TLU will not wait for the conclusion of the criminal investigation or criminal proceeding to begin its own Title IX investigation. However, TLU may temporarily delay the fact-finding portion of a Title IX investigation while the police or other law enforcement officials are gathering evidence.
Texas Lutheran University does not discriminate on the basis of race, color, national origin, sex, disability, or age in its programs and activities. The following person has been designated to handle inquiries regarding the non-discrimination policies: Dr. Bernadette Buchanan, Title IX Coordinator, 830-372-8060. TLU's Title IX policies are outlined at www.tlu.edu/titleix.
For further information on notice of non-discrimination, visit http://wdcrobcolp01.ed.gov/CFAPPS/OCR/contactus.cfm for the address and phone number of the office that serves your area, or call 1-800-421-3481.
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