Page 98 - Texas Wesleyan Univ Catalog

96 Texas Wesleyan University Investigation
Upon receipt of a complaint of harassment or discrimination against a student, the Vice President of Enrollment and Student Services or the Dean of Students, if designated by the Vice President, shall investigate or assign the complaint to two (2) administrators, each of whom must be either a Vice President, Associate Vice President, or someone who directly reports to a Vice President or Associate Vice President and who is employed at least at the director level. The Office of Human Resources shall serve in an advisory capacity for complaints involving students.
The above-mentioned staff or the assigned administrators shall investigate the complaint, interview the parties and witnesses involved, and gather all pertinent information. The investigation shall be completed within thirty (30) calendar days of receipt of the complaint, unless notice of delay is given. A written report shall be prepared, unless advised otherwise by University legal counsel.
At any stage in the investigation, the accused student may be suspended until the matter is resolved. In the event a student is suspended and subsequently exonerated, the student shall be allowed to make-up missed assignments or tests, if possible. If that is not possible, the student shall be refunded any tuition or fees lost. The accused student shall be promptly notified of the complaint and shall, during the investigation, provide her/his version of the facts. In arriving at a determination of whether harassment or discrimination has occurred, the information as a whole in the totality of the circumstances and in the context in which the alleged incident or incidents occurred shall be reviewed. The determination will be made from the facts on a case-by-case basis.
Determination
Upon completion of the investigation, the Vice President of Enrollment and Student Services, the Dean of Students, or the administrators are authorized to take the following actions:
1. Determine that the claim of harassment or discrimination was not substantiated and provide prompt written notice of such determination to the student and the complainant; or
2. Determine that the claim of harassment or discrimination was substantiated and issue appropriate disciplinary action against the student with notification to the complainant that appropriate action is being taken against the student, without providing details of the nature of such action. If the disciplinary action against the student is expulsion, the President must first be notified and approve the expulsion.
Appeals
Either party may appeal the determination by the Vice President of Enrollment and Student Services, the Dean of Students or the administrators to the President in writing within fifteen (15) calendar days of receipt of notification of the determination. If the President does not act to change the determination within seven (7) calendar days of receiving the appeal, the determination shall become final under the executive authority of the President. The President’s decision is final.