University Policies

Academic Integrity

Academic freedom is the cornerstone to a university education. It allows students to examine, learn, and synthesize various topics. Freedom is predicated on integrity, trust, and honesty. All undergraduate and graduate students, faculty and staff are expected to show integrity in their academic work, including discussion, written submissions, examinations, and laboratory work. Failure to conduct academic work honestly is a serious breach in trust and is considered a serious offense.

Academic Misconduct

Examples of academic misconduct include, but are not limited to, the following:

1. Cheating: The unauthorized use of materials, devices, or information on an academic exercise.
   Examples of cheating include submitting another’s work as one’s own, using unauthorized notes or electronic devices during an examination, changing or altering a score in any way, stealing an examination or answer key, or allowing another person to complete one’s assignment.
2. Fabrication and Falsification: The inaccurate presentation of data in an academic exercise.
   Examples of fabrication and falsification include creating false data for a laboratory exercise or falsifying citations of sources used.
3. Facilitation and Collaboration: The unauthorized aiding of another student in their academic exercises or allowing another student to violate academic integrity.
   Examples of facilitation and collaboration include knowingly allowing another student to cheat, completing another student’s academic work, or conducting group work when not allowed by a professor.
4. Interference: Any act that prevents other students from completing their academic work or prevents their work from being evaluated fairly.
   Examples of interference include defacing library or university material in a way that prevents others from using it, defacing another’s work, offering bribes or threats to influence grading of academic work, or intentionally disrupting the academic process.
5. Plagiarism: The use of the words, ideas, and data of others without giving credit to that person. Examples include failing to provide proper citations for ideas, facts, opinions, theories, or statistics, or presenting these as one’s own, or submitting work previously submitted to another course when not allowed by professor.

Consequences of Academic Misconduct

What the instructor should do when academic misconduct is suspected:

1. Have a preliminary meeting with the student to present any evidence of academic misconduct within one week of discovery of the alleged incident to determine if a violation has occurred.
2. If a violation of the academic integrity policy is determined, issue the appropriate sanction (detailed in the Sanctions section).
3. If a sanction is imposed, complete the Report Form for Allegations of Academic Dishonesty (available in the dean’s office) within one week of the sanction determination. The instructor submits a copy to the student, the dean of the school, and the Dean of Students.

What the student should do when accused of academic misconduct:

1. Attend the preliminary meeting with the instructor. Failure to attend this meeting is considered an additional violation.
2. Remain calm and listen to the evidence of academic misconduct being presented.
3. Present student’s point of view.
4. If the instructor imposes sanctions, obtain a copy of the Report Form for Allegations of Academic Dishonesty from the instructor.
5. If sanctions are imposed and if the student disagrees with the alleged misconduct and/or the sanctions, the student may file a written appeal. A copy must be submitted to the instructor, the dean of the school, and the Dean of Students within one week of receiving the Report form for Allegations of Academic Dishonesty from the instructor.
6. Attend hearings and/or appeals as required by this policy. Unless requested by the instructor or student, there are no official hearings for first-time offenses.

Official Hearings and Appeals

The University Hearing Board hears appealed cases as well as repeat, multiple, and severe allegations. The instructor or student can also request an official hearing for a first-time academic integrity violation. Judicial boards will strive to complete proceedings within 10 days of receipt of the report of violation.

Any appeal of decisions of the University Judicial Board is made to the Provost. The student must submit a written appeal with explanation to the Provost, the instructor, the dean of the school, and the Dean of Students within 7 days of the University Judicial Board’s decision. The Provost’s decision is final.

No grade penalty can be assigned by the instructor until the case and all appeals are resolved. If the charges cannot be resolved prior to the end of the semester, the instructor will assign the grade of “I” (Incomplete) until the case is resolved.

Distance Education and Online Students

Students who are enrolled in distance education courses, including online classes, are subject to these standards of academic integrity. Hearings, including appeals, will require student participation and contact through teleconference, online interfacing, and/or written documentation.

Sanctions

Sanctions for academic misconduct for undergraduate students are intended to educate the student, change inappropriate behaviors, and assure that the severity of the sanctions fit the misconduct. Sanctions are outlined below.

For graduate students, sanctions for academic misconduct will be specified by the individual graduate program. In the absence of a graduate program specific policy, the sanctions outlined below will apply.

Sanctions for academic misconduct may include one or a combination of the following, at the instructor’s discretion:

1. An oral reprimand;
2. A written reprimand;
3. An additional assignment to replace the work;
4. No credit given for the work;
5. Lower or failing grade for the particular assignment, exam, or course;
6. Removal of student from the course in progress.

Sanctions that may be given by the University Judicial Board and Provost include all of the above, plus the following:

1. Removal of student from the program, major, school, or University;
2. Withdrawal of the degree or academic credit bestowed;
3. Disciplinary probation (with length of time and conditions of return specified).

Access to Student Records

The US Department of Education reiterates that FERPA rights (Family Educational Rights and Privacy Act) transfer to a student when s/he enters a postsecondary institution. Texas Wesleyan University supports this statement concerning access to individual student academic records and will not provide record access to parents without signature of the student. A specific form (located on the website) is available for this purpose. FERPA does allow institutions to disclose information to appropriate officials in a health or safety emergency, including parents if the emergency involves their child. Texas Wesleyan reserves the right to notify appropriate officials and parents in any situation determined to be an emergency.

Records Maintained

1. The University maintains records for each student that may include: name; address; student identification number; contact information for parents, guardian, and/or spouse; general information on academic status at the University; previous school data; results of standardized admissions, examinations, official transcripts, admission applications, acceptance letters and courses previously taken or being taken; credits; and grades. The University Registrar is responsible for maintaining all of these records, except for those involving financial aid, or records pertaining to students in the Nurse Anesthesia programs which are maintained in that school. These records are available to the University Registrar, the Dean of Students, the President, the Provost and Senior Vice President, the Vice President for Enrollment and Vice President of Student Services, the Director of Financial Aid, and to the faculty of the University. Staff members affiliated with the University may be designated as having access to the records on a need-to-know basis. The University Registrar, in consultation with the Provost and Senior Vice President, will be the individual charged with responsibility for determining the need to know. Prior consent is not required for the release of educational information under certain circumstances such as the need to know by other school officials when a student transfers to another school, when requested by federal/state officials functioning in their official capacity, for financial aid purposes, to certain educational organizations, and in certain emergency situations.
2. Applicants for financial aid have an additional file that contains information submitted as part of the process of applying for financial assistance. Records involving financial aid are maintained by the Director of Financial Aid and are available to the Director and staff, the President, the Vice President for Enrollment, the Provost and Senior Vice President, and to the Committee on Scholarships for the purpose of granting and administering the University’s financial aid programs. All of these records also are available to such other organizations and persons as are entitled to them under Part 99 of the Code of Federal Regulations.
3. The University complies with the federal record keeping requirements relating to all students to which it issues a Form I-20 Certificate of Eligibility, as listed in the Code of Federal Regulations.
4. The University considers the following to be directory information: student’s name; university email address; hometown address; student’s local address; telephone listing; date and place of birth; major field of study; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance; grade level; enrollment status; degrees and awards received; the most recent previous educational agency or institution attended by the student; and the student’s thesis title.
5. The University maintains a development database that is intended for the use of University employees and volunteers acting on behalf of the University. The database may include information on students as drawn from the registrar file and may include directory information. The information is not for sale to outside agencies and is released outside the internal campus community when necessary for University business. Research and gift information contained in the database is strictly confidential and will only be released outside the Office of Advancement when necessary for University business.
6. The University also maintains for each student a medical record showing history, treatment, etc. These records are maintained at the Student Health Center and, while specifically excluded from Public Law 90-247, are still available for inspection by the individual student on request.
7. The University also maintains for each student seen by the Counseling Center or the Section 504 Coordinator records of those visits and other relevant records in those offices.
8. The University also maintains advising information on each student. Unofficial and informal advising materials may be maintained by individual faculty advisors.

Special Records

Student discipline records are maintained by the Dean of Students in that office and are available to the student life staff and disciplinary committee as needed. These records are also available to senior administrative officers or their designees as appropriate. The University will keep a record, available to the student and kept with the personal file, of all persons and organizations, other than those authorized within the University, requesting or obtaining access to the files. This information will indicate specifically the legitimate interest that each person or organization obtaining access has in such records.

Access Defined

1. Access to student records by University officials is a by-product of the need to know. Such access is delineated in item 1 of this policy; the need for an individual to know information in order to fulfill their responsibilities does not allow that individual to share the information with other staff or with individuals external to the campus without the permission of the student.
2. Neither student records nor those housed in the Office of Financial Aid nor any personally identifiable information, other than directory information (see #4 above), will be made available to anyone else, other than the student, without written consent. Where consent is required and given, the student, upon request, will receive a copy of the records to be released.
3. No student can be required or asked to waive rights under Part 99 of the Code of Federal Regulations. However, a student may voluntarily waive right of access to confidential statements made by third parties respecting admission to education agencies or institutions, applications for employment, or the receipt of an honor or honorary recognition. In case of waiver, the confidential statements will be used solely for the purposes for which they were specifically intended, and the student will, upon request, be notified of the names of all persons making such confidential statements.
4. Any student who desires to review their record may do so by making a written request to the appropriate office immediately responsible for the record. Students may inspect their academic transcripts during normal working hours. The process for specific record access and/or copying of the record is summarized here: To see other records, students must provide a written request to the Office of Student Records, the Director of Financial Aid, or the Dean of Students, as appropriate. A mutually convenient time will be arranged within 10 working days after receipt of the request for the student to examine the records in the file. At that time, the student may examine all records in the file with the exception of those specifically exempted by Part 99 of the Code of Federal Regulations. All reasonable requests for explanations or interpretations of the records will be honored, and if inaccurate, misleading, or otherwise inappropriate data are found in the records, they will be promptly corrected or deleted. The student also has the right to insert into the records a written explanation respecting the contents of such records.

Appealing The Accuracy Of The Record

1. If the student and the University Registrar, the Director of Financial Aid, the Dean of Students, or their deputies do not agree on items contained in the records, the student may submit a written request to the Provost and Senior Vice President for a hearing to challenge the content of the records. The Provost and Senior Vice President will schedule such a hearing within 30 days after receipt of the request and will notify the student reasonably in advance of the hearing of its date, time, and place. The hearing will be before a board composed of the Provost and Senior Vice President or their designee, the Vice President for Enrollment and Vice President of Student Services or their designee, and at least one disinterested member of the faculty who shall be appointed by the Provost and Senior Vice President. None of those hearing the challenge may have a direct interest in the outcome. Students will be afforded a full and fair opportunity to present evidence relevant to the issues raised and may be assisted or represented by individuals of their choice at their own expense, including an attorney. The decision of the board on the correctness of the record, as determined by the majority vote, will be in writing and will be final. This decision will be based solely upon the evidence presented at the hearing and will include a summary of the evidence and the reasons for the decision.
2. If, as a result of the hearing, the University decides that the information in the files is inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, the University shall amend the records accordingly and so inform the student in writing. However, if, as a result of the hearing, the University decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy or other rights of the student, it shall inform the student of the right to place in the records a statement commenting on the information in the records and/or setting forth any reasons for disagreeing with the decision of the University.

Maintenance of the Record

The University reserves the right, after a three-year period, to destroy any and all records that it maintains on a student except to the extent that law requires their maintenance for a longer period of time.

The Office of Advancement will assist former students of the University in acquiring information related to their own individual record. No inquiries from outside organizations or agencies will be accepted. The Office of Advancement will also assist, where possible, former students in getting information about other students. This assistance will occur only after the student inquired about is notified.

Administrative Suspension

If, in the judgment of the Provost and/or Dean of Students, a student’s behavior is disruptive to the educational process and/or a potential danger to a student and/or faculty/staff member and/or other individual in an off-campus Wesleyan educational placement (e.g. internship, practicum, or other), an administrative suspension may result.

“Academic Suspension” will be recorded on the student’s transcript and will remain as a permanent entry. University officials and/or employees will not release any information regarding the reasons for the administrative suspension other than verifying the status (Right to Privacy Act).

An exception will be made if the student gives written permission to disclose information regarding the suspension.

All disciplinary files and permission letters will be kept in the Dean of Students Office. The Dean of Students or their designee is the only person authorized to discuss the case with anyone outside of the University. Administrative suspensions may be made by the Dean of Students and/or the Provost.

Change of Name or Address

A student who changes name, residence, or mailing address is expected to notify the Office of Student Records of this change immediately. Any communication from the University that is mailed to the name and address of record is considered to have been properly delivered.

All name change requests must be submitted with supporting documentation. Changes to the first, middle, and/or last name, suffix, or sequence of names will require the original or a certified copy of one of the following:

• Government Issued ID (driver license, state ID card, valid passport)
• Birth Certificate
• Marriage Certificate
• Court Order (must show change to new name)
• Divorce Decree (must show change to new name)
• Certificate of Naturalization/Green Card
• Documentation of Common Law Marriage/Civil Union

No documentation is required to add/delete a hyphen, space, apostrophe, or to abbreviate a middle name to initial.

Freedom from Harassment and Discrimination

Statement of Non-Discrimination

Harassment and discrimination are illegal under federal and state statutes, including but not limited to, Title VII of the Civil Rights Act of 1964, the Texas Commission on Human Rights Act, and is prohibited at Texas Wesleyan University (the “University”).

Discrimination

The University prohibits discrimination, including harassment, against any individual(s) on the basis of race, color, religion, national origin, age, veteran status, disability, sex, sexual orientation, gender, to include gender identity and gender expression, or any other basis prohibited by law. Retaliation against anyone involved in the complaint process is a violation of University policy.

The University is committed to providing an environment of academic study and employment free from harassment or discrimination to all segments of its community, that is, its faculty, staff, students (current or former), guests and vendors. It is the responsibility of members of the University community to conduct themselves so that their words or actions cannot be reasonably perceived as harassing, discriminatory, sexually coercive, abusive or exploitive, or as interfering with any other individual’s ability to study or work productively at the University.

Harassment

Prohibited harassment is defined as physical, verbal, or nonverbal conduct based on any individual’s race, color, religion, national origin, age, veteran status, disability, sex, sexual orientation, gender, to include gender identity and gender expression, or any other basis prohibited by law, when the conduct is so severe, persistent, or pervasive that the conduct:

1. Has the purpose or effect of unreasonably interfering with the individual’s ability to study or work productively;
2. Creates an intimidating, threatening, hostile, or offensive environment; or
3. Otherwise adversely affects an individual’s performance, environment, or employment or scholastic opportunities.

Examples of prohibited harassment may include offensive or derogatory language directed at another person’s religious beliefs or practices, accent, skin color, or need for workplace accommodation; threatening or intimidating conduct; offensive jokes, name-calling, slurs, or rumors; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other stereotypes; or other types of aggressive conduct such as theft or damage to property.

Retaliation

Furthermore, the University strictly forbids retaliation by any member of the University community against anyone who brings a charge of discrimination or any other form of harassment. Once the University has knowledge of conduct or behavior that could be reasonably construed as harassment or discrimination, action under this policy must be initiated and followed to its conclusion.

Examples of retaliation may include wrongful termination, refusal to hire, demotion, and denial of promotion. Retaliation may also include threats, unjustified negative evaluations, unjustified negative references, or increased surveillance.

Any member of the University community who intentionally makes a false claim, offers false statements, or refuses to cooperate with a University investigation regarding harassment or discrimination is subject to appropriate discipline.

Any violation of any aspect of this policy toward any faculty member, staff member, student, guest or vendor will subject the violating faculty member, staff member, student, guest or vendor to appropriate disciplinary action or sanction, which may include: dismissal from employment for faculty and staff, cancellation of student status for students, and loss of business or other campus privileges for vendors and guests.

Timing of Complaint

Any complaint, either oral or written, must be communicated to the appropriate University representative immediately as indicated by this policy, but no later than 60 calendar days from the most recent occurrence of the alleged behavior.

Confidentiality of Proceedings and Records

All persons involved in the investigation, adjudication or resolution of complaints shall preserve the confidentiality of information relating to such investigation, adjudication or resolution, to the extent possible. Such confidential information shall only be disclosed on a need-to-know basis to those in the University or their designees and legal representatives (including outside counsel) authorized to participate in the investigation, adjudication or resolution, or to those outside the University, as required by court order or otherwise required by law. The University cannot guarantee confidentiality.

Proceedings

Once the complaint has been received, the appropriate authority, as defined by this policy, shall promptly initiate the specific complaint and investigation procedure applicable for the accused individual, according to this or other appropriate University policy.

The investigation may consist of personal interviews with the person making the report, the person against whom the report is filed, and others with knowledge of the circumstances surrounding the allegations. The investigation may also include analysis of other information or documents related to the allegations.

Complaint Procedures in General

The University recognizes the need for each of the three segments of the University community (faculty, staff and students), with their unique missions and roles, to have their own respective complaint procedures. Although this is a comprehensive policy for the University community, specific complaint procedures are listed for each segment, depending upon which member of the University community is being charged with harassment or discrimination. Complaints against vendors and guests should follow the complaint procedures for charges against staff employees.

Complaints should be delivered in writing to the appropriate person as specified in this policy. However, verbal complaints may be accepted. Complaints must provide the name of the person alleged to have harassed or discriminated against the complainant, specific details of the alleged conduct or act, a list of witnesses (if any), a desired remedy, and any other pertinent details.

Who May Use the Procedure

The complaint procedure described herein shall be available to any faculty member, staff member, student, vendor or guest who believes that they have been harassed or discriminated against by a faculty member, staff member, student, vendor or guest in the context of the accused individual’s performance of University-related functions.

If appropriate, the University shall promptly take interim action calculated to prevent prohibited conduct during the course of an investigation

Lodging of Complaint Involving a Faculty Member

Any complaint of harassment or discrimination against a faculty member shall be reported immediately to the Provost or than a Title IX related complaint.

Investigation

The Provost shall promptly assign the complaint to two (2) appropriate administrators of at least the senior staff level or someone who directly reports to the senior staff. These administrators shall investigate the complaint, interview the parties and others in possession of pertinent information, review relevant documentation and evidence, reach an initial determination of whether harassment or discrimination has occurred and, depending upon its severity, seek to resolve the matter informally.

If the administrators believe that immediate harm to either party or the integrity of the investigation is threatened by the continued performance of the accused faculty member’s customary duties or responsibilities, the administrators may recommend to the Provost that the accused faculty member be suspended with pay, or reassigned pending the completion of the investigation.

The investigation shall be completed within 60 calendar days of the receipt of the complaint by the Provost, unless notice of delay is given. Within this time frame, the administrators shall prepare a written report of the investigation, which shall include their initial determination.

Informal Resolution

Upon completion of the investigation and depending upon its severity, administrators are authorized to resolve the matter to the satisfaction of the University, the complaining party and the accused faculty member. If a resolution satisfactory to the University and both parties is reached through the efforts of the administrators, a written statement, a copy of which shall be attached to the administrators’ report, shall indicate the agreement reached by the parties and shall be signed and dated by each party and by the administrators. At that time, all action contemplated under the agreement shall be taken and the investigation shall be closed.

Determination of Merits of Complaint

In arriving at a determination of the existence of harassment or discrimination, the administrators shall consider the evidence as a whole, the totality of the circumstances, and the context in which the alleged events occurred. An investigation report will be written on the complaint. The determination of the existence of harassment or discrimination shall be made from the facts on a case-by-case basis.

Determination

Upon completion of the investigation, the Office of Human Resources or the administrators are authorized to take the following actions:

1. Determine that the claim of harassment or discrimination was not substantiated based on a preponderance of the evidence, and provide written notice of such determination to the faculty member, guest, or vendor, and the complainant; or
2. Determine that the claim of harassment or discrimination was substantiated based on a preponderance of the evidence, and issue appropriate disciplinary action against the employee, guest or vendor with notification to the complainant that appropriate action is being taken against the employee, guest or vendor, without providing details of the nature of such action.

Appeals

Either party has the right to appeal the determination in writing, within fifteen (15) business days of the date of the notice of dismissal, to the Provost. If no appeal is filed within fifteen business days (15) period, the matter is automatically closed. If a determination of no harassment or discrimination is appealed, the Provost shall make a written recommendation to the President within seven (7) business days. The President shall notify all parties of their decision in writing within seven (7) business days after receipt of the Provost’s recommendation. The President’s decision is final.

Revocation of Tenure and Termination as Possible Sanction for Harassment or Discrimination

If the administrators determine at any stage in the investigation that the evidence of harassment or discrimination is sufficiently clear and severe, and the Provost concurs in writing, so as to warrant the immediate commencement of proceedings to revoke tenure and/or terminate a tenured faculty member, the case shall be removed from the complaint procedures contained herein and resolved in accordance with the revocation of tenure and termination policies and procedures for faculty members. The faculty member shall be suspended, with pay, pending formal resolution of the matter.

Lodging of Complaint Involving a Staff Employee, Guests or Vendor

Persons who have complaints alleging harassment or discrimination against a staff employee, guest or vendor are encouraged to raise them either orally or in writing to the Associate Vice President of Human Resources, Director of Purchasing, a supervisor, the department head, Dean, Divisional Vice President or the Provost. It is recommended, although not required, that the complainant follow the “chain of command.” For example, staff employees are encouraged to lodge complaints within their respective work area. The person receiving the complaint shall communicate it promptly to the Associate Vice President of Human Resources. The Office of Human Resources shall be responsible for investigating complaints. In the event of a conflict of interest involving the Office of Human Resources, the Associate Vice President of Human Resources shall assign the complaint to a Divisional Vice President for investigation.

Nothing in this policy shall require a complainant to file a complaint with the individual who is accused of harassment or discrimination.

Investigation

Upon receipt of a complaint of harassment or discrimination against a staff employee, guest or vendor, the Office of Human Resources shall investigate the complaint itself or assign it 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, Associate Vice President and who is employed at least at the director level.

The Office of Human Resources 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 60 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.

The Office of Human Resources or the administrators shall promptly inform the accused employee, guest or vendor of the complaint and shall, during the investigation, obtain the employee’s, guest’s or vendor’s version of the facts. The Office of Human Resources or the administrators, in arriving at a determination of whether harassment or discrimination has occurred, shall review the information as a whole in the totality of the circumstances and in the context in which the alleged incident or incidents occurred. The determination shall be made from the facts on a case-by-case basis. An investigation report will be written on the complaint.

Suspension or Reassignment

At any stage in the investigation, an accused employee may be suspended with pay or reassigned. If the complaint is against a guest or vendor, the guest may have their privileges as a guest suspended, or the vendor may have its business dealings with the University suspended, or the guest or vendor may be prohibited from having contact with faculty, staff, students, guests or vendors of the University until the complaint is resolved.

Informal Resolution

Upon completion of the investigation and depending upon its severity, the administrators are authorized to resolve the matter to the satisfaction of the University, the complaining party and the accused faculty member. If a resolution satisfactory to the University and both parties is reached through the efforts of the administrators, a written statement, a copy of which shall be attached to the administrators’ report, shall indicate the agreement reached by the parties and shall be signed and dated by each party and by the administrators. At that time, all action contemplated under the agreement shall be taken and the investigation shall be closed.

Determination of Merits of Complaint

In arriving at a determination of the existence of harassment or discrimination, the administrators shall consider the evidence as a whole, the totality of the circumstances, and the context in which the alleged events occurred. An investigation report will be written on the complaint. The determination of the existence of harassment or discrimination shall be made from the facts on a case-by-case basis. Determination Upon completion of the investigation, the Office of Human Resources or the administrators are authorized to take the following actions:

a. Determine that the claim of harassment or discrimination was not substantiated based on a preponderance of the evidence, and provide written notice of such determination to the employee, guest or vendor, and the complainant; or

b. Determine that the claim of harassment or discrimination was substantiated based on a preponderance of the evidence, and issue appropriate disciplinary action against the employee, guest or vendor with notification to the complainant that appropriate action is being taken against the employee, guest or vendor, without providing details of the nature of such action.

Appeals

Either party may appeal the determination by the Office of Human Resources or the administrators to the Vice President for Finance and Administration in writing within fifteen (15) business days of receipt of notification of the determination. If no appeal is filed within fifteen business days (15) period, the matter is automatically closed. If a determination of no harassment or discrimination is appealed, the Vice President for Finance and Administration shall make a written recommendation to the President within seven (7) business days. The President shall notify all parties of their decision in writing within seven (7) business days after receipt of the Vice President for Finance and Administration recommendation. The President’s decision is final.

Employment-at-will

The utilization of these procedures shall not affect the employment-at-will nature of the employment relationship

Lodging of Complaint Involving a Student

Persons who have complaints alleging harassment or discrimination against students are encouraged to raise them either orally or in writing to the Vice President of Student Affairs/Dean of Students, the Provost, a Dean, or the Office of Human Resources. The person receiving the complaint shall communicate it promptly to the Vice President of Student Affairs/Dean of Students in their absence.

Investigation

Upon receipt of a complaint of harassment or discrimination against a student, the Vice President of Student Affairs/Dean of Students 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 60 calendar days of receipt of the complaint, unless notice of delay is given. A written report shall be prepared.

Suspension

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. The University’s Drop/Withdrawal policy shall be used for determining tuition and fee charges and financial aid in the event the student is suspended mid-semester. The accused student shall be promptly notified of the complaint and shall, during the investigation, provide their 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. An investigation report will be written on the complaint.

Informal Resolution

Upon completion of the investigation and depending upon its severity, the administrators are authorized to resolve the matter to the satisfaction of the University, the complaining party and the accused faculty member. If a resolution satisfactory to the University and both parties is reached through the efforts of the administrators, a written statement, a copy of which shall be attached to the administrators’ report, shall indicate the agreement reached by the parties and shall be signed and dated by each party and by the administrators. At that time, all action contemplated under the agreement shall be taken and the investigation shall be closed.

Determination of Merits of Complaint

In arriving at a determination of the existence of harassment or discrimination, the administrators shall consider the evidence as a whole, the totality of the circumstances, and the context in which the alleged events occurred. An investigation report will be written on the complaint. The determination of the existence of harassment or discrimination shall be made from the facts on a case-by-case basis.

Determination

Upon completion of the investigation, the Vice President of Student Affairs/Dean of Students or the administrators are authorized to take the following or actions:

1. Determine that the claim of harassment or discrimination was not substantiated based on a preponderance of the evidence, 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 based on a preponderance of the evidence, 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 investigating administrators in writing within fifteen (15) business days of receipt of notification of the determination to the Vice President for Student Affairs/Dean of Students or, in the event the Vice President for Students Affairs/Dean of Students made the determination, the University President. If the Vice President for Student Affairs/Dean of Students and/or the University President does not act to change the determination within seven (7) business days of receiving the appeal, the determination shall become final. The decision made upon appeal to the Vice President for Student Affairs/Dean of Students and/or the University President is final.

No Contractual Rights

This policy does not create contractual rights of any kind for students, faculty, staff, guests or vendors. This policy may be amended, amplified or withdrawn by the University, in its sole discretion, at any time.

Holds

A “hold” is an action on a student record that prevents students from registering, receiving official transcripts, receiving transfer credit, participating in graduation ceremonies and/or graduating from the University. A hold is placed on a student’s record in the event an obligation or requirement to the University has not been met. These obligations/requirements can include:

• Failure to make required financial payments as outlined on student invoice;
• Failure to pay University fines including parking;
• Failure to pay medical charges;
• Failure to return University equipment;
• Failure to return library materials;
• Failure to meet required disciplinary sanctions;
• Failure to provide required student record documents for enrollment;
• Failure to complete reading, writing or math placement testing (if required);
• Failure to meet academic or administrative requirements resulting in suspension as outlined in the University catalog;
• Failure to maintain a deliverable mailing address with the University.

To determine the reason for a hold, the Office of Student Records should be contacted. To release a financial hold (except for the library), the Cashier’s Office should be contacted. To release a document hold, the Office of Student Records should be contacted. To release a disciplinary hold, the Director of Student Life should be contacted.

Inclement Weather University Closing

Decisions regarding the closing of the University for inclement weather are made for the entire University and are not made for or by each unit of the University. Faculty, staff, and students who are registered with Texas Wesleyan Alerts will automatically receive official closure announcements by phone, text message, and/or e-mail. These announcements are sent within minutes of a decision being made. Registration with Alerts is automatic, and all faculty, staff, and students are urged to update their contact information immediately by visiting http://txwes.edu/security/emergency. To unsubscribe to Alerts, log into Ramlink and select the Texas Wesleyan Alerts opt-out form, which is located in the communication section of the main menu.

Otherwise, faculty, staff, and students may check the Texas Wesleyan website, the University Facebook page, the official University Twitter account, www.txwes.edu, www.star-telegram.com, and the following radio or television stations to receive University closure information due to inclement weather:

KDFW Channel 4
KXAS Channel 5
WFAA Channel 8
KTVT Channel 11
WBAP 820 AM

Announcements will be made on the above stations after 5 a.m. weekdays for closures during the week. Weekend closures and class cancellations may be announced on the preceding 10 p.m. newscast and/or the morning of the closure. A recorded announcement will be available through the switchboard (817) 531-4444. Classes cancelled because of inclement weather may necessitate scheduling additional class days. These make-up days will be announced through appropriate campus publications and to the faculty and staff within two weeks after the classes have been cancelled. University offices may open with limited services to assist students who are living on campus. The opening of these offices will be on an individual case basis and may include food service, the library, and the Brown-Lupton Campus Center.

Insurance

All students should carry some type of health and accident insurance. Resident students are advised to carry personal property insurance. (Please also refer to the Safety of Person and Property (p. 73) section.) International students are required to carry the University’s Student Health Insurance Plan (SHIP). If they wish to carry health insurance from another source, they must submit proof that such insurance meets Texas Wesleyan University requirements. If proof is not submitted, a charge for the SHIP policy will remain on the student account.

Minor Children on Campus

Periodically, the University will offer and/or sponsor programs designed for minor children. On these special occasions, minor children are invited to participate with appropriate adult supervision. Parents are cautioned that minor children are permitted neither to remain unattended on campus nor to attend classes with their parents without prior approval of the instructor teaching the class.

Ramlink

Ramlink is a web interface that allows students to securely access the University’s administrative database. Ramlink provides direct and secure web access to a student’s academic and financial records. Once the student has applied, they can access Wesleyan’s online service for applicants and students, Ramlink, to check the status of applications as well as the status of financial aid and scholarships. Ramlink can be used to view the course schedule, make payments, view grades, search for courses and register for classes. Students may also access Ramlink as a guest to see the upcoming course schedule.

Students may access the Ramlink portal by going to the Texas Wesleyan University website, http://txwes.edu, and selecting the Ramlink link or by going to ramlink.txwes.edu. Students with issues logging in should contact the Help Desk at (817) 531-4428. The Help Desk business hours are Monday - Friday, 7:30AM-5:30PM. After hours and weekend service is available by phone.

Room Reservations by Campus Organizations

Campus organizations may reserve meeting space through the www.txwes.campuslaps.com. Facilities requests will then be processed and given approval by the Director for Student Activities. Facilities are available on a first-come first-served basis with certain priority restrictions. All reservations must be made at least 10 business days ahead of the event and completed during regular working hours. Reservation forms and more specific information regarding reservation priorities, fees, restrictions, and other information may be obtained through the Director for Student Activities.

Safety of Person and Property

Students must ensure and take responsibility for their own safety and the safety of their property by practicing fundamental crime prevention techniques. The University is not responsible for loss or theft of personal property. It is recommended that students carry applicable insurance to cover potential losses. In the event of an injury or imminent threat to anyone on campus, your first call is always 911. Campus Security should then be notified by calling (817) 531-4911 or x4911 on a campus phone.

Texas Wesleyan Alerts (Alerts)

Texas Wesleyan University will provide accurate and timely information to the historic community during emergencies via the new Texas Wesleyan Alerts (Alerts). In the case of a severe weather or other emergency, the University will utilize Alerts notification technology to alert students, faculty and staff of the nature of the emergency and of any steps the recipient should take to safeguard their personal welfare.

Each student, faculty and staff member should report, and update as necessary, current local and home emergency contact numbers where Texas Wesleyan can most effectively provide time-sensitive emergency information. Usually, this will be a mobile phone or other hand-held electronic device. All student, faculty and staff information submitted is confidential and secure. The University will limit use of this emergency contact information for only the most urgent campus emergencies. Once you have been assigned a University email address you will be automatically registered for Alerts within 24 hours. Registration is automatic for current employees and enrolled students. You may then log into http://txwes.edu/security/emergency to add additional devices for notification. To unsubscribe you must log into Ramlink and select the Alerts Opt-Out form, which is located on the main Student, Faculty and Employee menus in the User Account section.

Gun Free Campus

Texas Wesleyan University Board of Trustees affirmed University President Emily Messer’s decision to remain a gun-free campus by opting out of Senate Bill 11, also referred to as the campus carry bill. License handgun permit holders may not carry guns on the University campus property.

School Manuals/Handbooks

Schools and/or departments may publish manuals or handbooks outlining specific program requirements to supplement the University catalog. Students are expected to follow these policies, as related to their chosen major. Manuals may be obtained from a student’s major department or school.

Student Complaint Policy

Policy on Written Student Complaints

Texas Wesleyan University recognizes the value of information provided by students about the performance of the University in providing the services and meeting the goals which our mission describes. It is University policy to invite feedback, and, whenever possible, to use that feedback to continue to improve the services and functions of the University.

Ideally, students will be able to resolve any problems by dealing directly with the individual (such as a faculty or staff member) or office (such as a student service or administrative office) involved. Students should also read the current Texas Wesleyan University Catalog and Student Handbook to become familiar with University policies. These policies include but are not limited to:

• Academic integrity
• Grade appeal
• Harassment and discrimination
• Student access to records

If a student is unable to reach a satisfactory resolution and wishes to pursue the matter further, or if a student wishes to register a formal complaint, a written complaint may be addressed to the Office of the Provost, following the process outlined here:

Written complaints should contain the following information:

• The complainant’s name and contact information;
• a clear description of the problem or complaint;
• appropriate supporting documentation that is directly related to the complaint;
• a description of any subsequent actions taken by the complainant or the University, and;
• a description of the desired outcome.

Students may view the policy and a Written Student Complaint form on the University website at https://txwes.edu/studentcomplaint All written complaints received and copies of any responses will be kept on file in the Office of the Provost. Complaints, which are unsigned or are not received in written format (e.g. complaints received by phone or in person), will not be considered.

The Provost will respond to each complaint within 15 business days of receipt. If no other action was requested, the response will acknowledge receipt of the complaint. If further action is requested, the response will describe the actions to be initiated by Office of the Provost and any further information from the complainant that may be required.

Grade Complaints

Written complaints about grades will not be addressed by the Office of the Provost unless the student has already discussed the grade with the course instructor, the department or division head (if any), and the appropriate Dean, respectively. Appropriate documentation would include copies of the student’s coursework, the course syllabus, and any other materials related to specific assignments (such as handouts or correspondence with the instructor). (Refer to Grade Appeal Process in this catalog).

Non-Academic Complaints

Written complaints about administrative or other student services should be directed initially to the appropriate office but may be submitted to the Office of the Provost if satisfactory resolution is not achieved. Appropriate documentation would include copies of any relevant contracts, notices, or other official or informal correspondence with the office or other University personnel.

Texas Higher Education Coordinating Board (THECB)

After exhausting the institution’s grievance/complaint process as outlined above, current, former, and prospective students may initiate a complaint with the Texas Higher Education Coordinating Board (THECB) following the process outlined on the THECB website at https://www.highered.texas.gov/student-complaints/

Students Enrolled In Distance Education Courses And Programs

If an issue cannot be resolved internally at Texas Wesleyan, following the process above, a complaint can be filed with the appropriate state portal entity. For more information, please refer to the University website at https://txwes.edu/studentcomplaint.

Southern Association Of Colleges And Schools Commission On Colleges

Texas Wesleyan University is accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) to award baccalaureate, masters and doctorate level degrees. The SACSCOC complaint process is for the purpose of addressing any significant non-compliance with SACSCOC accreditation standards or policies. All other inquiries or complaints should be directed as outlined above. The Complaint Policy of the Commission on Colleges is available at https://sacscoc.org/app/uploads/2020/01/ComplaintPolicy-1.pdf

The Commission may be contacted at 1866 Southern Lane, Decatur, Georgia 30033-4097, telephone (404) 679-4500, and at https://www.sacscoc.org/.

Campus Hotline

The University provides a third-party campus hotline that all University constituents may use to report concerns. The third-party provider may be reached by calling 833-246-5701 or by submitting a report at Ethics Point.

Student Handbook

The Texas Wesleyan University Student Handbook is published online at txwes.edu/studenthandbook and reviewed annually by the University. It contains policies, procedures, and regulations developed by students, faculty, and administrative personnel of the University. The purpose of the handbook is to set forth the standards of conduct, to inform the student body of individual and group rights and responsibilities, and to describe student conduct processes and procedures. The handbook contains extensive information that is intended to acquaint the student with various aspects of University life and to serve as a guide to University services and activities.

It is important that the student become acquainted with the contents of the Student Handbook since enrollment at Texas Wesleyan is considered by the University as an implicit declaration of the acceptance of the rules and regulations contained therein.

Printed copies of the Student Handbook may be requested from the Division of Student Affairs located in suite 230 of the Martin Center.

Students with Disabilities

Texas Wesleyan University complies with the Americans with Disabilities Act (ADA) and with Section 504 of the Rehabilitation Act of 1973 regarding its students with disabilities. Texas Wesleyan University also complies with Title IX of the Education Amendments of 1972 and does not discriminate against students on the basis of gender. It is the policy of Texas Wesleyan University that no student shall be denied access to or participation in the services, programs, and activities of the University solely on the basis of their disability or gender.

For more information or to review the Students with Disabilities policy under “Policies and Procedures” please see our page on the Texas Wesleyan website at https://txwes.edu/academics/registrar/policies-forms/student-with-disabilities/

Procedure For Obtaining Academic Accommodation

The University shall provide, upon request, academic adjustments for students who have a physical or mental impairment that substantially limits a major life activity. An academic adjustment is defined by this policy as any reasonable accommodation for a student’s disability as required by federal regulations.

If a student with a disability requires an adjustment, the student must present relevant, verifiable, professional documentation or assessment reports, confirming the existence of the disability, to the Director of Disability Services for review. The student should submit the Online Request for Accommodations to begin the process. Students will have the option to meet face-to-face or to work with the office via official University electronic means (e.g., University email, communication through Canvas, or by telephone). See contact information below. Further documentation may be required to confirm the disability claim or to assist the University in determining the appropriate academic adjustment. An interview with the Director may be required for this purpose. Following its review, the Director will reach a determination regarding the existence of the disability for purposes of providing an academic adjustment. Information concerning a student’s disability will be treated in a confidential manner in accordance with University policy as well as applicable federal and state law.

The student will be informed of the Director’s determination within 15 calendar days. If the determination confirms the existence of a disability requiring an academic adjustment, the student may meet with the Director to explore possible adjustments.

A letter describing the adjustment the University will provide the student will be issued to the student within 15 calendar days after the formal request and all documentation is received. The student will have the responsibility of delivering the letter to, and conferring with, their professors concerning the implementation of the adjustment. If the academic adjustment is not provided or followed as outlined, the student shall report the matter to the Director within 15 calendar days.

Application Deadlines:

To allow adequate time to evaluate the data properly and notify the parties involved, the following cut-off dates for application shall apply:

If the Director does not confirm the disability or the need for an academic adjustment, the student may challenge the determination by following the procedures outlined below.

This policy applies to students with disabilities as defined by Section 504 and the ADA. A person is disabled if:

• Has a mental or physical impairment which substantially limits one of more of such person’s major life activities;
• Has a record of such impairment; or
• Is regarded as having such impairment.

Physical or mental impairments that fall within discrimination prohibitions include:

• Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic and lymphatic; skin; and endocrine; or
• Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities.

Physical or mental impairments include (but are not limited to) such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, AIDS, cancer, heart disease, diabetes, mental retardation, emotional illness, and drug addiction and alcoholism. It does not include current or illegal substance abuse.

Major life activities include functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, sitting, standing, lifting, reaching, thinking, concentrating, reading, interacting with others, learning and working.

A student who has followed the procedures identified in this policy and does not agree with the determination of academic adjustment, and who has a mental or physical impairment as defined above, may file a grievance by using the “Student Grievance Procedures (p. 76)” policy listed in this catalog.

Coordinator for Civil Rights Compliance Efforts

(Section 504 Coordinator and Director of Disability Services)

In compliance with the Office of Civil Rights, the names and office locations, including phone numbers, of Texas Wesleyan University’s coordinator of civil rights compliance efforts is as follows:

Francyenne Maynard, Director for Title IX and ADA Compliance - maynard@txwes.edu, 817-531-4890, Division for Student Affairs, Suite #230, Martin University Center, Rm. 237

Student Grievance Procedures

Definition and Scope:

Note: The following grievance procedure applies to disability complaints. Complaints regarding discrimination or harassment on the basis of sex/gender, including sexual misconduct, must be referred to the Title IX Policy. All other complaints regarding discrimination or harassment must be referred to the Freedom From Harassment and Discrimination: Other Protected Characteristics Policy.

Scope: Any student or group who believes that a violation of Section 504 or the ADA has occurred may file a grievance alleging any action that constitutes a violation of these laws.

Informal Review:

• The student shall first make a written request for an informal review by the dean of the school in which the student is majoring, within 60 calendar days after the event alleged to be discriminatory.
• The deans may be contacted as follows:

• The dean of the school will review the student’s grievance and accompanying documentation or information and consider that information with respect to the requirements and discrimination prohibitions as defined by Section 504 and the ADA.
• The dean shall render a written decision within 15 calendar days.
• The dean is granted authority to take appropriate action if necessary.

Formal Review:

• If the informal review does not resolve the issue to the student’s satisfaction, the student may make a written request for formal review to the Provost of the University (Provost@txwes.edu) within 15 calendar days following receipt of the dean’s decision.
• The student shall provide a written explanation detailing the student’s cause for appeal. Any associated documentation or information supporting the student’s appeal must be included.
• No specific format is required. However, the student should provide pertinent information or documentation to substantiate a disability as defined by Section 504 and the ADA, and the requested academic adjustment, if this is the subject of the grievance.
• The Provost shall appoint a five-person committee within 15 calendar days consisting of at least two faculty members and two students to review the student’s grievance.

As part of the written appeal, the student will be granted, upon request, an opportunity to meet with the committee for the purpose of presenting relevant information.

• A hearing shall be scheduled within 30 calendar days of the formal appeal and a decision rendered within 45 calendar days.
• One representative or advisor as selected by the student may accompany the student at the hearing. The student shall advise the committee that a representative will be present and their identity prior to the hearing.
• To ensure impartiality, no committee member shall be directly affected by or previously involved in the student’s academic adjustment request or grievance. In addition, student representation is provided on the committee.
• The Provost shall appoint a committee chairperson.
• Evidence shall be presented in a fair and orderly manner under the direction of the committee chairperson.
• The committee shall review discrimination prohibitions as defined by Section 504 and the ADA, as well as relevant information as provided by the student, and provide a recommendation on the matter to the Provost.
• The recommendation sent to the Provost shall be based on the majority opinion of the committee.
• The Provost Office shall inform the student of the decision in writing within 15 calendar days following receipt of the committee’s recommendation.
• The student shall have no review rights beyond the five-person committee.

Math Disability

• All students claiming a math disability are required to take the mathematics placement examination. Those not qualified to enroll in either intermediate or college algebra should enroll in MAT 0300, Beginning Algebra, and complete the requirements of that course.
• Students who claim a mathematics disability must immediately consult with the Director of Disability Services. To claim a disability, students must present documentation according to the Texas Wesleyan University Learning Disability Policy. Until the Director determines that a bona fide mathematics disability exists, the students must comply with the standard mathematics requirement of the University.
• If the Director establishes that a bona fide mathematics disability exists, a recommendation will be forwarded to the Dean of the School of Arts Sciences to substitute logic (PHI 2301 ) for that requirement. The Math Disability accommodation satisfies only the General Education requirement, i.e. PHI 2301  for MAT 1302 . Accommodation is not extended to courses that require MAT 1302  as a prerequisite. In the event that additional diagnosed disabilities preclude taking logic, another course will be substituted in consultation with the Dean and the Director.
• If the Director establishes that a bona fide mathematics disability does not exist, the student must comply with the University’s standard mathematics policy.

Title IX Policy

For more information or to review the full Title IX Policy please visit txwes.edu/titleix.

Scope of the Policy

Texas Wesleyan University complies with Title IX of the Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in the University’s educational programs or activities and retaliation; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), as amended by the Violence Against Women Reauthorization Act of 2013 (VAWA); Title VII of the Civil Rights Act of 1964 (Title VII); the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and other applicable laws.

Furthermore, the University strictly forbids retaliation by any member of the University community against anyone who brings a charge of sexual harassment or sexual discrimination.

Texas Wesleyan University believes all members our campus community should live, work, and experience an environment free from harassment and discrimination on the basis of sex. The Title IX Coordinator is responsible for administering and upholding this Title IX policy.

Intent of the Policy

The Title IX policy, in accordance with the final regulations from the federal government that specify how recipients of Federal financial assistance covered by Title IX, must respond to allegations of sexual harassment consistent with Title IX’s prohibition against sex discrimination.

Texas Wesleyan University (hereby referred to as “the University”) does not discriminate on the basis of sex, as well as acts in accordance with the Clery Act and the Violence Against Women Act (VAWA). The University is required to address sexual harassment as a form of sex discrimination in education programs or activities. Texas Wesleyan University will respond promptly and supportively to all individuals, including persons alleged to be victimized by sexual harassment and the persons alleged to have victimized another person, resolve allegations of sexual harassment promptly and accurately under a fair grievance process that provides due process protections to alleged victims and alleged perpetrators of sexual harassment, as well as effectively implement remedies for victims and sanctions for those found responsible for violating this policy.

Once the University has actual knowledge of sexual harassment in one of its education programs or activities, the University must respond promptly in a manner that is not deliberately indifferent. The University is deliberately indifferent only if its response to sexual harassment is clearly unreasonable in light of the known circumstances.

Behaviors

The University is committed to providing an environment free from sexual harassment or sexual discrimination to all segments of its community; that is, its students, employees, vendors, and guests. It is the responsibility of members of the University community to conduct themselves so that their words or actions cannot be reasonably perceived as harassing, discriminatory, sexually coercive, abusive or exploitive, or as interfering with any other individual’s ability to study, work, or experience our campus effectively.

The behaviors included in this policy are referred to as Prohibited Conduct. Prohibited Conduct under Title IX and this policy include:

Sex-Based Discrimination and Discrimination based on a student’s pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from:
Sexual Harassment
Sexual Assault
Dating Violence
Domestic Violence
Stalking
Retaliation for reporting any of the above behaviors

Based on the information available at the time of the report, the Title IX Coordinator will make the determination as to whether the case is Title IX or Non-Title IX Sexual Misconduct. In cases that could be defined as Non-Title IX Sexual Misconduct i.e. sexual exploitation, cyberstalking, do not meet the threshold and/or jurisdiction for Title IX as outlined in this policy, the University may address the behavior using an alternate process, i.e. Code of Student Conduct or Employee Handbook.

For more information for these kinds of incidents, please see Prohibited Conduct.

First Amendment

First Amendment concerns differ in educational environments and workplace environments, and the Title IX definition provides First Amendment protections appropriate for educational institutions where students are learning, and employees are teaching. Students, teachers, faculty, and others should enjoy free speech and academic freedom protections, even when speech or expression is offensive.

The exercise of rights protected under the First Amendment does not constitute retaliation.

The University will not restrict applicable rights protected under the U.S. Constitution, including the First Amendment, Fifth Amendment, and Fourteenth Amendment, when complying with Title IX.

Equitable Treatment

Texas Wesleyan University supports the campus community, including students, employees, vendors, and guests within the University’s educational program or activity, to have a safe and respectful environment free from discrimination on the basis of sex.

The purpose of this section is to emphasize the importance of treating Complainants and Respondents equitably in the specific context of Title IX, and for the University to provide remedies to Complainants and avoid punishing Respondents prior to conclusion of a fair process. The University, under this policy’s grievance process, will treat Complainants and Respondents equally with only few exceptions for strict equality allowed under the rules from the Department of Education.

The University is responsible for ensuring equal access to education programs and activities and should not place the burden of gathering relevant evidence, or meeting a burden of proof, on either party. Moreover, as it relates to consent, the burden to prove consent or lack thereof does not fall on to the Complainant or the Respondent.

Exceptions to strict equality where equitable treatment of the parties requires recognizing that a Complainant’s interests differ from those of a Respondent with respect to the purpose of the grievance process. This is intended to provide both parties with a fair, truth-seeking process that reasonably considers differences between a party’s status as Complainant as compared to one’s status as Respondent. Thus, with respect to remedies and disciplinary sanctions, strictly equal treatment of the parties is not feasible and, to treat the parties equitably, a Complainant must be provided with remedies where the outcome shows the Complainant to have been victimized of the Prohibited Conduct named within this policy; similarly, a Respondent must be sanctioned only after a fair process has determined the Respondent to be responsible under the grievance process outlined in this policy.

Presumption of Non-Responsibility

Texas Wesleyan University, in accordance with regulations from the Department of Education, has in place the presumption that the Respondent(s) named in a Title IX grievance process is (are) not responsible for the violation until a fair grievance process, outlined in this policy, is followed and completed.

The presumption of non-responsibility does not provide any advantage to the Respondent over the Complainant and does not imply that a Complainant has lied or made a false report. This presumption only helps ensure that a Respondent is not treated as responsible prior to the University’s Title IX grievance process. This presumption does not allow or require the University to presume that a Respondent is truthful or credible. The University is prohibited from drawing any inferences about credibility based on status as a Complainant or Respondent. Credibility is determined as a matter of course of the grievance process.

Prompt Assessment of Complaints

The University is committed to promptly investigating complaints of sexual harassment made by any individual, regardless of affiliation with the University. The Title IX Coordinator is responsible for executing prompt delivery of options to the Complainant regarding supportive measures, options to report, information on the Title IX grievance process, etc., as well as the decision to not investigate if the Complainant does not wish to file a formal complaint.

Access to Policy

The Title IX policy, including the Title IX Coordinator’s contact information, will be available on the Texas Wesleyan University website, within each University handbook or catalog for all admitted and current students, as well as current and potential employees to access. This also includes guests (i.e., students as part of Early College High School programs, participants in summer camps and conferences) to our campus.

To access the Title IX policy, please visit txwes.edu/titleix.

Temporal Scope of Policy

This policy will be in effect on August 14, 2020, per the regulations from the Department of Education. Any reports made before the above-mentioned date will use the Unified Harassment and Discrimination policy. Any reports made on or after the date of August 14, 2020, will use this Title IX policy. If a report is made with the University after the effective date of this policy and the alleged incident occurred before the effective date, the University is allowed to pursue another University grievance process.

University Email/Official University Communication

A student’s Ram Mail address is the official email address for Texas Wesleyan University. All official University emails will be sent to this email address. Students may elect to forward Ram Mail to an alternate email address. However, the University will not be responsible for the handling of email to an alternate email address. Students will be responsible for any information sent to their official email address.