The Investigation Process

During the investigation phase, the investigator will gather all information and evidence relevant to the allegations. This includes interviewing the Complainant(s), Respondent(s), and Witnesses. The Investigator will also collect any relevant documentation, electronic evidence or other evidence related to the allegations.  

Once the investigation is complete, the Investigator prepares a draft report, which may be reviewed by the parties. Parties may respond to the draft report and point out any errors or omissions. The response, if any, will be attached to the report as an exhibit.

The investigator will reopen the investigation, if necessary, and then draft a final report and forward it to the University’s Designated Administrator, who will make one of the following decisions about responsibility for each allegation:

• Substantiated – it is more likely than not that the alleged conduct occurred
• Unsubstantiated – it is more likely than not that the alleged conduct did not occur
• Unsubstantiated due to insufficient information – there was insufficient evidence to decide whether it is more likely than not that the alleged conduct occurred

The final report will also contain 1) an analysis of the facts and 2) conclusions about whether the Respondent is responsible for violating any other Texas A&M System regulation or University rule or policy.

See Texas A&M Rule 08.01.01.M1 for more information about the process.

Once the Investigation Report is finalized, the report is sent to a Designated Administrator, who is the Fact Finder for the case. The Fact Finder will review the report and the exhibits prior to making a determination responsibility. Depending on the severity of the facts of the case, the Fact Finder may conduct a live hearing before determining responsibility. The Fact Finder will not have been involved with the case during the intake or investigation phases, and the Fact Finder is usually a university employee. The Fact Finder will also assign sanctions, if applicable.  

A party has five business days after the determination of responsibility to file an appeal. The bases for appeal are limited to the following:

1. There is new evidence that was unknown or unavailable during the investigation that could have significantly impacted the outcome;
2. There was a procedural error or omission that significantly impacted the outcome; and/or
3. A party would like to contest the appropriateness or severity of the sanctions.

If an employee is found to have sexually harassed (including non-consensual sexual contact, sexual assault, sexual exploitation, stalking, dating violence, and domestic violence when based on sex) another member of the university or agency community, the third basis for appeal (appropriateness or severity of sanctions) is not available as a basis for appeal.

Appeals are reviewed by an Appellate Authority, who can overturn the decision of the Fact Finder or remand the case back the Fact Finder.  After the appeal, the decision is considered final, and the case will be closed.