By choosing to file a University Complaint, you are not obligating yourself to proceed with a hearing and you may choose to have your identity remain confidential or your report to remain anonymous. Both of these options will be discussed below. Additionally, it is important to note that the following procedures are for acts of violence perpetrated by a TU student against a TU student (Law School students have additional rules and procedures), when both you and the alleged perpetrator are still enrolled at the University. There is no time limit to file a complaint; however, the University will be unable to proceed with an investigation and hearing once the alleged perpetrator has left the University. If you have experienced an act of sexual violence by a staff or faculty member, the process will be different (explained below). If you have experienced an act of sexual violence by a non-TU person, then the University will be unable to hear the complaint. However, they will assist you in receiving support and navigating the legal process if you choose to file with the police.
If you choose to move forward with a formal complaint and hearing process, here are the steps:
Filing a complaint
You will file a University Complaint with the Title IX Coordinator.
An investigation will be conducted without regard to any criminal jurisdiction investigation. Please note that the University is obligated by law to conduct a thorough investigation as promptly as is possible.
At the conclusion of the investigation, Hearing Officer will convene the University Student Conduct Board to hear the complaint you have filed. The University Student Conduct Board is made up of a Conduct Officer who is trained in hearing cases of sexual violence and who are bound by strict confidentiality guidelines. Everything that occurs within the hearing is confidential.
During the hearing process, the officer will have a chance to hear from you, the alleged perpetrator, and any witnesses. You are not required to be in the same room as the alleged perpetrator and you have the right to request to remain separated from the alleged perpetrator. Additionally, the following apply:
1. Both parties will be able to present witnesses and evidence;
2. Attorneys are permitted to participate in the hearing for both parties. Students will be allowed breaks to step outside the hearing to speak with their attorneys;
3. Neither party will be allowed to question or cross examine the other;
4. Both parties will have the opportunity to appeal;
5. The past sexual history of the student filing the complaint and alleged perpetrator will be deemed irrelevant to the proceeding process unless something within that history may be related directly to the incident being heard; and
6. A decision will be based on the following standard: that it is more likely than not that the alleged behavior occurred, sometimes referred to as the preponderance of the evidence.
Both parties will be notified concurrently in writing about the outcome of the complaint. Both parties will also be notified of the appeal process as both have the right to appeal a decision whether or not the accused was found responsible.
If the alleged perpetrator is found responsible, possible sanctions may include disciplinary probation, suspension or dismissal. Additionally, the University, where possible, and for the welfare of the survivor, will make adjustments in such things as housing assignments and enrollment. The University will also take steps to prevent reoccurrence of any harassment and to correct its discriminatory effects on the complainant and others if appropriate
If the alleged perpetrator is a student athlete, or otherwise involved in a campus wide extracurricular activity, the University reserves the right to suspend the student from such activity. This action will be recommended by the Office of the Dean of Students, with the input of the Head Coach and Athletic Director or other activity leader and the final decision will be made by the President of the University.