50│2023 ANNUAL SECURITY REPORT & FIRE SAFETY REPORT—TEXAS CHRSITIAN UNIVERSITY
determinaon of responsibility will be made unl the conclusion of the formal resoluon and related processes; and
• an electronic copy of Policy 1.008 as it provides an explanaon of the invesgaon and formal resoluon process.
If in the course of an invesgaon, the OIE discovers addional conduct that may violate Policy 1.008, relevant pares will be
noed of any addional allegaons to be included in the invesgaon. If in the course of the invesgaon the OIE discovers
possible violaons of other TCU policies, the OIE will nofy the appropriate oce(s) for possible addional acons.
During the invesgaon, the OIE may dismiss the complaint if the Invesgator determines: 1) that the facts alleged in the
Complaint, even if true, would not violate TCU’s policy on Prohibited Discriminaon, Harassment, Sexual Misconduct, and
Retaliaon; or 2) even if the facts alleged in the Complaint are true, the alleged Respondent is not a TCU community member
over whom TCU can exercise authority; or 3) even if the facts alleged in the Complaint are true, the issue has been resolved in
a manner consistent with applicable law and/or TCU Policy 1.008. This dismissal does not preclude the OIE taking other steps
to address informaon in a Complaint or preclude TCU from taking acon under another university policy. The Complaint may
be referred to another department for resoluon under a separate provision of the University’s code of conduct for employees
or for students (e.g., Dean of Students Oce, Human Resources). Upon dismissal of a Complaint, the OIE will send wrien
noce of dismissal and reason(s) for dismissal to the pares. A dismissal may occur prior to the issuance of a noce of
invesgaon.
As a part of the invesgaon (during the invesgave process), the invesgator(s) will aempt to meet or communicate
separately with the complainant, respondent, and relevant witnesses. The invesgator(s) may also consult with other
University units that may have relevant informaon (e.g., TCU’s Crical Incident Response Team, or CIRT, the TCU Police
Department, Dean of Students Oce, and/or Human Resources). The pares may each consult with a collegial or professional
support person/advisor (see below) who may accompany them to the interview(s) with the invesgator(s). In general, a
person’s medical and counseling records are condenal and not accessible to the invesgator(s) unless the person voluntarily
chooses to share those records with the invesgator(s). In those instances, the relevant informaon from the records will be
shared with the other party. The invesgator(s) may also consider informaon publicly available from social media or other
online sources that comes to the aenon of the invesgator(s). The invesgator(s) may visit relevant sites or locaons and
record observaons through wrien, photographic, or other means. In some cases, the invesgator may consult medical,
forensic, technological, or other experts when experse on a topic is needed.
The invesgator(s) will also provide an equal opportunity for all pares to idenfy witnesses for the invesgator(s) to
interview, to provide the invesgator(s) informaon from such witnesses, including fact and expert witnesses, and to provide
other relevant informaon to the invesgator(s). The invesgator(s) may consider any evidence determined to be relevant and
credible by the invesgator(s), including history and paern evidence. Generally, informaon considered relevant by the
invesgator(s) will be provided to the pares for their review and comment, as described in this policy. The invesgator(s) may
address any evidenary concerns of the pares, may exclude irrelevant or immaterial evidence, and may disregard evidence
lacking in credibility or that is more prejudicial than probave (the probave value is outweighed by a danger of unfair
prejudice, confusing the issues, misleading the facinder, undue delay, wasng me, or needlessly presenng cumulave
evidence). The invesgator(s) will not consider polygraph test results nor individuals named and proered as character
witnesses. Evidence available during the invesgave process, but not provided by pares unl aer the 10-day response
period may not be considered by the assigned invesgator or during any other university conduct processes.
Ordinarily, within forty-ve (45) business days of the submission of a Complaint, the invesgator(s) will prepare a summary of
the informaon gathered and considered by the invesgator(s), including a summary of the informaon provided by the
witnesses and a list of any documents or other any materials considered. This summary will not include any preliminary
invesgave nding (i.e., determinaon of responsibility). The invesgator(s) will provide access to the complainant, if any,
and to the respondent and their respecve advisors to the summary of informaon gathered. For cases of sexual harassment,
such access will be provided to the pares and advisors in electronic format or they will be provided hard copies. Addionally,
for cases of sexual harassment only, pares and their respecve advisors will receive access to any documents or other
relevant materials considered by the invesgator(s). In all cases, the pares will have ten (10) calendar days to submit a wrien
response which the invesgator(s) will consider prior to the compleon of the Invesgave Report. If the 10th calendar day
falls on the weekend, the response will be due the next business day. In cases of sexual harassment, OIE may provide an
addional ve (5) days for pares to review addional informaon provided during the 10-day response period.
The invesgator(s) will complete the invesgave report (conclusion of the invesgaon) within seven (7) business days aer
receipt of the pares’ comments or addional informaon following their review of the summary. This me period may be
extended if signicant addional invesgave steps are required based on the comments or addional informaon provided