East Texas Baptist University is committed to providing a prompt, thorough, equitable, and impartial resolution of all reported violations of this policy. The University uses two processes to resolve reports of prohibited conduct under this policy: Disciplinary Resolution, which involves an investigation, adjudication, and, if appropriate, the imposition of sanctions, and Alternative Resolution, which includes informal or restorative options for resolving reports that does not involve disciplinary action against a respondent. The Title IX Coordinator will determine the appropriate resolution process after making an initial assessment of the reported information, considering the stated interest of the complainant, campus safety, and the University’s obligation to maintain an environment free from harassment and discrimination.
The process under this policy is separate and distinct from Texas' criminal process. Proceedings under this policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus. Neither a decision by law enforcement regarding prosecution nor the outcome of any criminal proceeding will be considered determinative of whether a violation of this policy has occurred.
Following are key points intended to provide a general overview of ETBU’s Title IX process. Further details are outlined in the full Sexual and Gender-Based Harassment and Interpersonal Violence Policy.
- The complainant and respondent will be notified of the following:
- names of the complainant and the respondent
- the date, time, location, and nature of the reported conduct
- the reported policy violations
- the name of the investigator
- information about the parties’ respective rights and responsibilities
- the prohibition against retaliation
- the importance of preserving any potentially relevant evidence
- a copy of this policy
- Both the complainant and respondent will be provided the opportunity to have an advisor of their choice present during any related meeting or proceeding.
- Both parties will be afforded the opportunity to present witnesses. Witnesses may not participate solely to speak about an individual’s character.
- Both parties will be notified simultaneously, in writing, of the result of ETBU’s disciplinary proceedings.
Standard of Proof
The investigator will make a finding, by a preponderance of the evidence, whether there is sufficient evidence to support a finding of policy violation. A finding of responsibility based on a preponderance of evidence means that based on all relevant evidence and reasonable inferences from the evidence, the greater weight of information indicates that it was more likely than not the policy violation occurred.
In order to encourage complainants and witnesses to make reports of conduct prohibited under this policy, the University will not pursue disciplinary action against a student enrolled at the University who makes a good faith report to the University as a complainant or witness to an incident of prohibited conduct (including sexual and gender-based harassment, sexual assault, intimate partner violence or stalking) for a violation by the student of the University’s Student Conduct Code for conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the investigation. This includes amnesty for disclosure of personal consumption of alcohol or other drugs (underage or illegal) which would otherwise be a violation of the Code of Student Conduct.
Similarly, the University will not pursue disciplinary action against students (complainants, respondents, or witnesses) for conduct in violation of the Sexuality and Gender Statement. Under no circumstances will a complainant or witness who makes a report of sexual assault or other prohibited conduct, or a respondent who participates in an investigation, be charged with violating the Sexuality and Gender Policy, regardless of the outcome.