Tarleton State Title IX Lawyer: A Tarleton State University Student Respondent Guide

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Students who look for a Tarleton State Title IX lawyer usually want to know what happens after a notice arrives. This page explains, in general terms, how Tarleton State University handles a sex-based complaint against a student under the Texas A&M University System documents Tarleton follows. Your own notice, and the version of the rules that applies to your case, control the actual deadlines.

Which policy applies

Tarleton is a member of The Texas A&M University System, and its Title IX process is set mainly by a system document, not a stand-alone campus policy. Tarleton’s Title IX Policies and Definitions page lists two policies:

  • System Regulation 08.01.01, Civil Rights Compliance (PDF), which sets system-wide steps for complaints, investigations, hearings, appeals and informal resolution. It is headed "Revised August 15, 2022" with a next scheduled review of August 15, 2027. This page calls it the Regulation.
  • Tarleton Rule 08.01.01.T1, Civil Rights Compliance (PDF), which supplements the Regulation and names Tarleton’s own offices for key steps. It was approved August 16, 2016, revised September 20, 2019, and last reviewed April 7, 2022, with a next scheduled review of April 7, 2027. This page calls it Rule T1.

Tarleton’s Civil Rights page says that "all civil rights based issues fall under one Texas A&M System Regulation 08.01.01 Civil Rights Compliance." The Regulation sits under System Policy 08.01, Civil Rights Protections and Compliance (revised December 18, 2025), which adds no separate student procedure.

Versions and review status

Both documents are officially under review. The A&M System policy library marks 08.01.01 as "Currently Under Review for Potential Revision," and Tarleton’s rules index marks Rule T1 "Under Review." Rule T1 was last reviewed in April 2022, a few months before the Regulation’s August 2022 revision, and the revision history linked from the Regulation stops at an October 4, 2021 entry. Neither document says which version applies to older incidents. The version that applies to you can depend on your incident date and on when the complaint or notice came, so check the version named in your notice and confirm it with the Title IX office.

Title IX, sex-based misconduct, and the Student Conduct Code

The Regulation sorts complaints into three processes: Title IX, Sex-Based Misconduct, and all other civil rights complaints. A complaint goes on the Title IX track only if all of its conditions are met, including a formal complaint, conduct that "must have occurred against a person while in the United States," a complainant who was taking part or trying to take part in a Tarleton program when the formal complaint was filed, and conduct that meets the Regulation’s definition of sexual harassment. A case dismissed from the Title IX track may still be handled as sex-based misconduct at the Title IX Coordinator’s discretion. Both tracks use the same investigation and hearing steps.

Tarleton’s Student Conduct Code lists sexual misconduct offenses and says Rule T1 "is the guiding policy and procedure for student conduct review related to Sexual Misconduct." It adds: "In most cases, Title IX investigation procedure will be followed when sexual misconduct is in question." The Code posted online shows no effective date. Under the Regulation, possible Code violations found during a civil rights investigation are either sent to the student conduct process or combined into one civil rights adjudication, depending on whether civil rights charges go forward. Check which process your notice names.

Report vs. formal complaint

The Regulation defines a complaint as "an oral or written report of an alleged violation of this regulation." A complainant, any employee or student, or a third party may file one. A formal complaint is a separate document, filed by the complainant or signed by the Title IX Coordinator, alleging sex-based discrimination and "requesting that the member investigate the allegation(s)." A Title IX Coordinator who signs one "is not a complainant or otherwise a party to the complaint."

Reports can be made at any time, including outside business hours. Tarleton’s Title IX reporting page offers an online form that students or third parties may submit anonymously, and notes that the university’s ability to respond to an anonymous report may be limited. It also says that "When a crime is reported on-campus, both a Title IX investigation and criminal investigation may occur."

A few more points matter to a respondent:

  • If a complainant asks Tarleton not to investigate, the Regulation still lets the university investigate based on the seriousness of the allegation, whether there are multiple allegations, and whether a respondent poses a risk of harm to others.
  • "The filing of a discrimination complaint will not stop, delay or affect pending personnel or disciplinary actions."
  • In sex-based cases, informal resolution is only available after a formal complaint is filed.

Early steps after notice

The designated office first reviews a complaint to decide whether there is enough information to investigate. If there is not, it may dismiss the complaint as baseless, close it, refer it to another office, or, with the parties’ consent and system approval, refer it to informal resolution. If there is enough, it sends the complaint to an investigator "within five (5) business days of the determination to proceed with the investigation."

Both parties then get written notice of the complaint, the appointed investigator, the appointed decision-maker (the Regulation calls this person the designated administrator), any interim supportive measures, warnings about cooperation and retaliation, and any informal resolution option. In sex-based cases a separate notice of allegations must give enough detail, "with sufficient time to prepare a response before any initial interview." It must say that you are presumed not responsible until a determination at the end of the process, and that you may have an advisor "who may be, but is not required to be, an attorney." The Regulation sets no deadline for a respondent’s first response. You also get written notice of the date, time, place and purpose of every interview and meeting you are expected to attend.

The standard for every decision is preponderance of the evidence, defined as "what is more likely than not to be true, based on the totality of the available evidence." The burden of proof and of gathering evidence is on the university, not on either party.

The Regulation lists "removing, destroying, or altering documentation or other evidence (e.g., text messages) relevant to the investigation" as prohibited conduct, and the Title IX reporting page advises keeping texts, e-mails and social media posts. Keep your own records intact.

Dismissal

Tarleton must dismiss a formal complaint for Title IX purposes if the conduct would not be sexual harassment as defined even if proved, did not happen in a Tarleton education program or activity, or did not happen against a person in the United States. It may dismiss if the complainant withdraws in writing, if the respondent is no longer enrolled, or if circumstances prevent gathering enough evidence. A Title IX dismissal does not stop Tarleton from acting under its conduct rules or continuing the case as sex-based misconduct.

Both parties get written notice of a dismissal and the reasons. Under Rule T1, either party may appeal a dismissal to the university compliance officer, and "The appeal must be filed in writing within five (5) business days of notification of the decision."

Emergency removal and interim suspension

Under the Regulation and Rule T1, a student respondent may be removed on an emergency basis at any point, but only after an individualized safety and risk analysis finds "an immediate threat to the physical health or safety of any student or other individual arising from the allegations." The Regulation says: "Upon being removed, any student respondent must be granted the opportunity for a hearing within five (5) business days to review whether or not the removal is warranted." Rule T1 names the vice president of student affairs or designee as the hearing authority. The outcome of that hearing "is not subject to appeal and is not a disciplinary action."

The Student Conduct Code has its own interim suspension, imposed by the Vice President for Student Engagement & Success or designee to protect safety, property, or normal university operations. The student may be barred from housing, campus and classes, and the notice should give the time, date and place of a later conference where the student can show cause. The Code sets no fixed deadline for that conference. The two documents use different vice-president titles. Follow the process and deadline in your own removal notice.

Apart from emergency removal, the Regulation says disciplinary sanctions "may not be imposed on respondents prior to a determination of responsibility."

Informal resolution

Either side may seek informal resolution before a final decision. It is voluntary, requires both parties’ written consent and the university’s agreement, and a party may withdraw before a final agreement and return to the formal process. The Regulation says "Mediation may not be used to resolve complaints of rape, statutory rape, dating violence, domestic violence, or any case in which imminent threats of harm may exist." If the parties and the university all agree on both findings and sanctions, the decision-maker may resolve the case in writing without a hearing (an administrative conference).

Investigation and evidence

Both parties have an equal right to present witnesses, including expert witnesses, and other evidence, and the university may not restrict either party’s ability to discuss the allegations or gather evidence. In sex-based cases the investigator reports the evidence and makes credibility assessments but does not decide responsibility.

The Regulation’s general timeline has the investigator send an initial draft report to the A&M System Office of General Counsel for review "within 30 business days" (the sentence does not say when that period starts). After their review, the investigator shares a final draft report with both parties, and the parties then have time to respond.

That response period is stated two ways. The general timeline section says the parties "will have ten (10) business days to review the report and submit written commentary." The Title IX section says the parties "must have at least ten (10) days to submit a written response" after receiving the final draft report and all directly related evidence, including evidence the university does not intend to rely on. The Regulation does not define "day." Use the date in your own notice, and ask the Title IX office if it is unclear.

After responses, the final report goes to the decision-maker, who gives it and its exhibits to the parties. You get a pre-hearing conference and "at least ten (10) business days to review the final investigative report and to respond in writing to the designated administrator (if desired) prior to the hearing." Timelines may be extended for good cause with written notice to both parties.

If new allegations are added during the investigation, both parties must get notice of them.

Advisor and hearing

The Regulation says: "An advisor may be an attorney." Each party is allowed one advisor, although the Regulation lets member universities set circumstances for a second advisor, for example to accommodate a party with a disability. Before any formal hearing, an advisor may only be present and talk with you, and "advisors may not represent the party or otherwise actively participate in the process."

A formal live hearing happens if the complaint is not resolved informally or if either party asks for one. Under the Regulation:

  • Unless the parties waive it, you get at least five (5) business days’ notice of the hearing after the pre-hearing conference.
  • "Hearings will be closed to the public." The hearing is recorded or transcribed, and you can get physical access to the recording or transcript on request to prepare an appeal.
  • "A complainant and a respondent at a hearing must have an advisor with them." If you do not have one, the university provides a trained advisor.
  • Cross-examination is done only by the advisors, never by the parties. Questions go through the hearing officer or panel chair, who must explain any question excluded as repetitious or not relevant. The advisor may not answer for you when you are being questioned.
  • Questions about the complainant’s sexual predisposition or prior sexual behavior are not relevant, except in two narrow situations the Regulation lists.
  • You may attend remotely if everyone can see and hear one another in real time.
  • The decision-maker "cannot draw an inference regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions."
  • No hearing officer or panel member can also serve as investigator or appeal decision-maker in the same case.

After the hearing, the draft decision goes to the A&M System Ethics and Compliance Office within two (2) business days, that office has up to three (3) business days to comment, and the decision-maker then has up to three (3) more business days to issue the decision letter. The letter goes to both parties at the same time and must explain the findings, the result for each allegation, any sanctions, and how to appeal.

The Student Conduct Code has a narrower advisor rule for Code conferences: an attorney may serve only in listed situations, including charges of sexual harassment, sexual misconduct, dating violence, domestic violence or stalking, where the student "may be allowed" an attorney at their own expense. In a case under the Regulation, the Regulation’s advisor rules apply.

Possible sanctions

The Regulation says: "Students found responsible for committing dating or domestic violence and/or non-consensual sexual penetration of another person will be subject to a minimum sanction of a one-year suspension, in the absence of significant mitigating factors." A student found responsible for those acts who demonstrated predation (planning or premeditation, as the Regulation defines it) faces permanent expulsion. A student found responsible for sex-based misconduct who returns after a suspension of one year or more is, absent significant mitigating factors, ineligible to hold office in a student organization, to represent the university (including in athletics), or to receive an institutional scholarship.

Rule T1 adopts the A&M System’s Model Sanctioning Matrix as Tarleton’s minimum sanction guidelines, and sanctions from the Student Conduct Code may also apply. Both parties are told of sanctions in writing, unless that would break state or federal law.

Two more rules can matter after a case. If a student respondent withdraws or graduates before the case ends, "the process will continue and, the member university will not issue a transcript on behalf of the student until the conclusion of the process." The Regulation also lets the university dismiss a formal complaint if the respondent is no longer enrolled, so both rules exist in the same document. And on request, Tarleton must share with another college any determination that a student violated its code by committing sexual harassment, sexual assault, sex-based misconduct, dating violence, domestic violence or stalking.

Supportive measures

Supportive measures are "non-disciplinary, non-punitive individualized services" offered without charge to the complainant or the respondent, before or after a formal complaint or where none is filed. Examples in the Regulation include counseling, deadline extensions, schedule changes, campus escorts, mutual no-contact restrictions, and changes in housing or work locations. In sex-based cases the Title IX Coordinator or designee must promptly contact the parties to discuss them. Rule T1 says supportive measures should be offered to "the complainant(s), the respondent(s) and other affected individuals," and Tarleton’s supportive measures page says complainants and respondents may get help changing academic, living, transportation and work situations when reasonably available.

If you and the complainant are in the same course, "either student may elect to drop the course without any academic penalty." Breaking the terms of a supportive measure, such as a mutual no-contact restriction, "may be considered a separate violation."

Appeals

Under the Regulation, either party may appeal the decision and the sanctions in a sex-based case, but only on these grounds:

  • a procedural irregularity that affected the outcome;
  • new evidence, not reasonably available when the determination or dismissal was made, that could affect the outcome (it must be provided with the appeal, on Tarleton’s appeals form);
  • a conflict of interest or bias by the Title IX Coordinator, investigator or decision-maker that affected the outcome; or
  • the appropriateness or severity of the sanctions.

"The appeal must be filed within five (5) business days of notification of the decision." Rule T1 says appeals go in writing to the Title IX coordinator or designee within the Regulation’s timeframe. The other party is told in writing and has three (3) business days to respond. The appeal is a review of the written record, not a new investigation or rehearing, and it starts from a presumption that the original decision was correct.

For student respondents, Rule T1 names the vice president for student affairs or designee as the appellate authority. That person must have had no earlier role in the case, and their decision is final. For student cases the appellate authority has ten (10) business days to decide and send the decision to both parties. The appellate authority may affirm the finding and sanction, affirm the finding and change the sanction, or send the case back for a new hearing or review.

The Student Conduct Code has a different appeal route for Code cases: a written appeal to the Vice President for Student Engagement & Success "within seven days of the outcome email notification," on three Code grounds, with separation outcomes reviewed by the University Discipline Appeals Committee. The Code also says appeals "in conjunction with" civil rights compliance follow Rule T1. Use the deadline and route in your own outcome letter.

Neither the Regulation nor Rule T1 says whether sanctions are on hold during a sex-based appeal. The Code says conduct decisions are not final until appeals are exhausted, waived or expired, and a Dean of Students discipline procedures page says a timely appeal suspends sanctions in conduct cases. If this matters to you, ask the Title IX office in writing.

FAQ

Can my advisor be a lawyer?
Yes, in a Title IX or sex-based case under the Regulation. The advisor’s role is limited before the hearing, and at the hearing the advisor conducts cross-examination. If you have no advisor at the hearing, the university provides one.

How long do I have to respond to the evidence?
The Regulation gives ten days, described as "ten (10) business days" in its general timeline and "at least ten (10) days" in its Title IX section. You then get at least ten (10) business days with the final report before the hearing. Use the dates in your notice.

How long do I have to appeal?
Under the Regulation, five (5) business days from notification of the decision in a sex-based case. A dismissal appeal under Rule T1 is also five (5) business days from notification of the dismissal. The Code’s seven-day window applies to Code cases.

Can I be removed from campus before a decision?
The documents describe two routes: emergency removal under the Regulation after a safety and risk analysis, with a hearing opportunity within five (5) business days, and interim suspension under the Student Conduct Code. Your notice should say which one is being used.

What if I withdraw or graduate while the case is pending?
The Regulation says the process continues and Tarleton will not issue a transcript until it ends. The Regulation also allows discretionary dismissal when a respondent is no longer enrolled. Get advice before making enrollment decisions.

Legal Review: Reviewed by Attorney T. Matthews, Esquire

Disclaimer

This page is general educational information, not legal advice. Reading it does not create an attorney-client relationship. This site is not affiliated with or endorsed by Tarleton State University or The Texas A&M University System. The rules described here are under review and may change, so confirm every deadline against your own notice and the currently posted documents, and with Tarleton’s Title IX office.

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