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Investigation Process

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Department of Civil Rights & Equity Investigations

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The Investigation Process

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The Department of Civil Rights and Equity Investigations (CREI) at Texas A&M University is responsible for investigating allegations of prohibited conduct, in order to protect students, faculty, staff, and campus visitors from all forms of sex discrimination.

What does the investigation and resolution process look like? Review the step-by-step flow chart below to understand more about our process.

You can also download the investigation process flow chart, or view the accessible outline of the flow chart diagram.


Investigation process flow chart diagram - see outline after image for caption

Outline of Investigation Process Flow Chart

Stages of the Investigation Process

You can read summary descriptions of the three stages in our process: intake, investigation, and decision. Please see Texas A&M Rule 08.01.01.M1 and Texas A&M Rule 08.01.01.M1.01 for more complete information about our process.

Stage 1: Intake

When CREI receives an allegation of discrimination, harassment, or retaliation,CREI will invite the Complainant to our offices for an intake meeting.  At the meeting, a Case Manager will listen to the Complainant’s concerns and familiarize the Complainant with their rights, resources, and options. If the Complainant requests a resolution of the allegations, the Title IX Officer will determine whether the allegations, if true, would be a violation of Texas A&M System Regulation 08.01.01 or any other University policy. If so, CREI will proceed with a formal or an informal resolution.  

If a formal resolution is sought, the Title IX Officer will notify all parties that an investigation has commenced.  A different Case Manager will be appointed to support the Respondent, who will also be invited to our offices for an intake meeting.  After listening to the Respondent’s concerns, the Case Manager will provide the Respondent with information about their rights, resources, and options during the investigation and resolution process.

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

Stage 2: Investigation

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.

Stage 3: Decision

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.

Who will decide my case?

If allegations are against:
(options below)

The Designated Administrator decides responsibility and sanctionsThe Appellate Authority decides the appeal (if any)

Student

Hearing Officer

University Disciplinary Appeals Committee (UDAP)

Staff

Hearing Officer

Vice President for Human Resources and Organizational Effectiveness

Faculty

Provost

University Committee on Faculty Disciplinary Appeals (UCFDA) renders an advisory opinion to the Provost and Executive Vice President, who renders a final decision

Overview of the CREI Hearing Process

Investigation process flow chart diagram - see outline after image for caption

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Contact Your Title IX Officer


Jennifer Smith, JD
Assistant Vice President and Title IX Officer

YMCA Building, Suite 108
365 Houston ST. #108
College Station, TX 77843-1268
979-458-8407
civilrights@tamu.edu


Information for...

  • Complainants
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  • Advisors
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