Texas A&M Title IX Lawyer

If you are a Texas A&M student, or the parent of one, and the Office of Civil Rights and Title IX has contacted you about an allegation of sexual harassment, sexual assault, dating violence, stalking or other sexual misconduct, this page is for you. It is written for respondents, the people who have been accused. It describes the process as Texas A&M’s own rule, procedure and websites state it. If you are looking for a Texas A&M Title IX lawyer, the first step is to read your notice and know what the university’s documents say. Texas state law is covered on our Texas Title IX defense attorney page.

Texas A&M Offices That Handle Sexual Misconduct Cases

Office of Civil Rights and Title IX (CR/T9)

The procedure says CR/T9 is designated to receive and resolve all reports of discrimination, harassment, retaliation and complicity against students, employees and third parties. CR/T9 also appoints the Investigative Authority, which is one or more trained investigators. The University Rule still uses an older name, the Department of Civil Rights and Equity Investigations. The procedure and the office’s website use CR/T9. The Title IX Coordinator oversees the process. CR/T9’s investigations are administrative, not criminal.

The procedure requires the investigator, the decision-maker and the appeal decision-maker to be impartial and free of conflicts of interest. CR/T9 is not a confidential office. The Rule lists the confidential reporters, and CR/T9 is not on that list. If you are concerned about the impartiality of someone in your case, the procedure says to put it in writing to the Chief Risk, Ethics, and Compliance Officer, who may designate other people.

Student Conduct and the Dean of Student Life

Some conduct does not reach the level the Rule covers. The Rule says that conduct goes to the appropriate disciplinary authority under other rules, and it names Student Conduct as an example. CR/T9’s respondent page says CR/T9 may delegate investigation and sanctioning of unprofessional or inappropriate conduct of a sexual nature to other administrators, such as a Department Head or the Dean of Student Life. The Dean of Student Life also has roles inside the CR/T9 process: emergency removals and certain appeals, described below. CR/T9 lists Student Conduct Code 47, titled Investigation and Resolution of Complaints Against Texas A&M Students for Inappropriate Conduct Related to Sex or Gender, as an applicable student rule.

Which Texas A&M Document Applies to Your Case

• University Rule 08.01.01.M1, Civil Rights Compliance. Approved February 29, 2012. Revised September 16, 2016, August 5, 2019 and September 3, 2020. Reviewed January 25, 2022. The printed next scheduled review date is January 25, 2024.
• Standard Administrative Procedure (SAP) 08.01.01.M1.01, Investigation and Resolution of Allegations of Discrimination, Harassment, Retaliation, and/or Complicity Against Students, Employees, and Third Parties. Approved January 23, 2013. Revised August 6, 2019, August 14, 2020, September 8, 2020 and October 18, 2022. Next scheduled review: October 18, 2027.

The Rule says what is prohibited and who handles it. The SAP sets out the steps. The SAP takes its definitions from Texas A&M System Regulation 08.01.01.

The Rule applies to discrimination, harassment, retaliation and complicity (except sexual harassment) on University property or in a University program or activity, and also to conduct outside a program that creates a hostile environment on University property or in a University program. It applies to sexual harassment when the conditions in System Regulation 08.01.01, Section 4.2.10 are met. Inside the SAP there are two tracks. One is for sexual harassment and sex-based misconduct and includes a live hearing. The other is for allegations other than those. The sanctioning matrix has a Sex-based Misconduct category that includes allegations of sexual harassment, sexual assault, dating violence, domestic violence and stalking based on sex that were dismissed from the Title IX process under Section 4.2.10(d) and (e). If you are both a student and an employee, the Chief Risk, Ethics, and Compliance Officer decides which procedure or procedures to follow. Your own notice names the procedure being used, so read it first.

The Texas A&M Process Step by Step

Report, initial review and dismissal

The Rule says a report may be made at any time, regardless of when the conduct occurred. CR/T9 does an initial review of every report. The review looks at the safety and well-being of the Complainant, the Respondent and the community, and at whether a violation could have occurred. CR/T9 may consult the System Office of General Counsel. It may dismiss the complaint, or refer it to another University office, if there is insufficient information, the allegations are baseless, the allegations would not violate the rules even if true, or the Complainant asks for no resolution. The SAP says dismissed or referred complaints may be appealed under its Section 6, but there are no appeals of a dismissal that is not related to sexual harassment or sex-based misconduct, except as System Regulation 08.01.01 authorizes.

Notice to the respondent

Once a formal investigation is going forward, the Title IX Coordinator or designee notifies the Complainant and the Respondent in writing, at the same time, that the investigation has started. CR/T9’s respondent page calls this a Notice of Investigation. A different case manager is assigned to support the Respondent, who is invited to an intake meeting.

Informal resolution

The SAP says a Complainant may request a formal resolution, an informal resolution or no resolution. CR/T9 reserves the right to resolve a complaint informally, or through no resolution, if the allegation does not rise to the level of prohibited conduct. The SAP does not set out the steps of an informal resolution, so ask your case manager.

Investigation

The investigator meets separately with the Complainant, the Respondent and witnesses. Both parties have an equal opportunity to be heard, submit evidence, identify witnesses and submit questions for the other party. The investigator asks those questions, at the investigator’s discretion, and has sole discretion over what is relevant. A student Respondent must appear at the assigned time for the interview and the hearing, but may decline to answer some or all questions. The respondent page says a refusal is not used as evidence, but the decision-maker cannot consider your side if it does not have it. The SAP lists failure to appear as notice directs as abuse of process.

The respondent page says CR/T9 usually completes an investigation within 30 to 60 business days and that many factors can make it longer. The SAP says extension requests must be justified in writing and approved by the Chief Risk, Ethics, and Compliance Officer or designee, and CR/T9 notifies both parties in writing of any extension and the reason.

Draft report, response and final report

The investigator prepares a Draft Investigation Report with all inculpatory and exculpatory information directly related to the allegations. The parties and their advisors may review it and the underlying information and submit a written response. New evidence or witness names need a written explanation of why they were not given earlier. A party may not withhold information during the investigation and first offer it at this stage. Responses are shared with all parties and attached to the report as an exhibit. The SAP does not set a number of days for this response, so check your notice. The report then goes to the Office of General Counsel for legal review before the final report goes to the parties and the Designated Administrator (DA).

Decision: who decides

The DA is a University Official and/or a Hearing Officer appointed by the Chief Risk, Ethics, and Compliance Officer. In the sexual harassment and sex-based misconduct track, the DA reviews the final report, holds a live hearing where parties question witnesses and advisors cross-examine, and announces a decision. The Hearing Officer presides and decides what evidence and cross-examination questions are relevant. CR/T9’s process page words the hearing more loosely, saying the decision-maker may hold one. In the other track, the DA drafts a decision, sends it to the Office of General Counsel for legal review, then finalizes it. Each finding is substantiated, unsubstantiated, or insufficient information to substantiate. The decision comes in writing with a rationale and appeal instructions.

Standard of proof

The SAP says the Respondent is presumed not to have engaged in prohibited conduct until the DA finds sufficient evidence based on a “preponderance of the evidence”. CR/T9’s page explains this as more likely than not. The SAP also says voluntary intoxication is never an excuse for prohibited conduct.

Sanctions

The DA considers factors such as the Complainant’s expressed wishes, the nature and impact of the conduct, prior disciplinary history and whether the Respondent accepted responsibility. For sexual harassment or sex-based misconduct, a student is sanctioned under the Student Title IX Cumulative Sanctioning Matrix. The matrix groups examples by category and by stage: Reprimand, Restrictions & Review; Probation; Suspension; and Expulsion. It says its examples are not a full list. For other conduct, the DA assigns appropriate sanctions. The SAP’s list includes expulsion, suspension (immediate or deferred), conduct probation, conduct review, restrictions, restitution, service, educational requirements, a letter of enrollment block, a letter of reprimand and housing sanctions. A student on deferred suspension or conduct probation is deemed “not in good standing”. A suspension takes effect when the appeal is exhausted, waived or the time limit has passed.

Appeals

Either party may appeal the DA’s decision or a dismissal on four grounds in the SAP: a procedural irregularity that affected the outcome; new evidence not reasonably available earlier; conflict of interest or bias that affected the outcome; or the appropriateness or severity of the sanctions. The appeal must be in writing, state the grounds and include supporting evidence. The SAP says it must be filed where and when the DA’s written notice states. CR/T9’s student appeals page states five (5) business days from receipt of the notice. For a student found responsible for sexual harassment, assault, dating violence, stalking or similar conduct, the appeal goes to the University Disciplinary Appeals Panel (UDAP) under Student Rule 58, and UDAP may refer it to the Dean of Student Life or designee. The other party then gets three (3) business days to respond. For student respondents the SAP says the appeal decision will come, to the extent reasonably possible, within ten (10) business days after that review deadline. The appeal decision-maker may affirm, remand or modify sanctions, and its decision is final. The appeal is a review of the record, not a new investigation.

For non-sex-based conduct, the SAP says there are no appeals except as System Regulation 08.01.01, Section 4.5.2 authorizes. CR/T9’s appeals page says a student given expulsion or suspension for non-sex-based conduct may appeal to the Dean of Student Life or designee.

Advisors at Texas A&M

Each party may choose an advisor to be present whenever the party takes part in the process. The SAP says “including legal counsel”, so an attorney may serve. CR/T9’s advisor page says each party gets one advisor, though a second may be allowed in some circumstances. Advisor fees are paid by the party who brings the advisor.

In all instances the advisor’s role is “limited to the role of an observer”, with two exceptions. The advisor gives support and guidance, and in a hearing on sexual harassment or sex-based misconduct the advisor conducts the cross-examination. The respondent page adds that an advisor may request a break to advise you and cannot be called as a witness once serving as advisor. An advisor can be barred if the advisor tries to advocate for the party (other than cross-examining) or is disruptive. The advisor page also says an advisor may be barred for trying to directly address the investigator during an interview.

In the sexual harassment and sex-based misconduct track, you must have an advisor at the hearing. If you do not, Texas A&M appoints one. Where reasonably possible, it gives you a list of trained advisors to choose from. CR/T9 says you may choose from its Title IX Advisors page free of charge. If you do not tell the Hearing Coordinator whom you picked, one is assigned. The SAP describes no hearing or cross-examination in the other track.

Interim Measures and Records at Texas A&M

Supportive measures

The SAP says “Supportive measures are non-disciplinary, non-punitive, individualized services.” They are free to both parties and may be requested through your case manager at any time. Examples include counseling, deadline extensions, schedule changes, escort services, mutual no-contact restrictions, housing or work location changes and leaves of absence. CR/T9 also says it can often help with postponing a test, moving a class section, or moving you to a different dorm. CR/T9 issues a No Contact restriction at either party’s request. Asking a friend to contact the other party violates it.

Emergency removal

No expulsion or suspension may occur before a decision except as the SAP allows. The Dean of Student Life may remove a student on an emergency basis only after an individualized safety and risk analysis finds an “immediate threat to the physical health or safety of any other student or individual”. The student must be given notice and a chance to challenge the removal right away, and a hearing within five (5) business days. That hearing’s outcome is not appealable and is not disciplinary. During removal a student may be denied access to housing, campus including classes, and other activities. The SAP says the removal does not replace the investigation, the SAP’s timelines are not followed, and the allegations are resolved as soon as possible. The Dean of Student Life also makes case-by-case decisions about extracurricular and athletic participation during an investigation of sex-based violence.

Transcripts, holds and withdrawal

CR/T9’s respondent page says that when suspension or expulsion are possible sanctions, there will be a hold on your transcript until the investigation or disciplinary proceeding is complete. If you are found responsible for sex-based violence or non-consensual sexual penetration and are expelled or suspended, your transcript will note that. The page says there is no transcript notation for other sanctions. Texas law on transcript notations and on withdrawing during a pending case is summarized below. CR/T9 notifies the registrar’s office and others about sanctions for substantiated violations. The respondent page says CR/T9 shares information with parents only if the student signs a waiver, with an exception for minors under state child abuse reporting laws.

Support for Respondents at Texas A&M

Confidential. The Rule names these as confidential reporters: Student Health Services, Counseling and Psychological Services, the Texas A&M Psychology Clinic, Counseling and Sport Psychology Services and the Office of Student Counseling. They keep what you tell them confidential, and the Rule says they support both Complainants and Respondents.

Not confidential. Your CR/T9 case manager helps with supportive measures and disability accommodations and can connect you with University officials on counseling, medical, mental health, victim advocacy, visa and immigration questions and the effect of a leave of absence on financial aid. Employees outside the confidential list are mandatory reporters. CR/T9 also publishes Respondent Rights, Resources and Options, in separate versions for Title IX and civil rights respondents. CR/T9 asks you to keep case information private and says you may talk to others, but you should avoid conduct that could be seen as retaliation.

For complainants. CR/T9 publishes separate Complainant Rights, Resources and Options. The university’s amnesty policy covers Complainants and witnesses who report in good faith. It does not apply to a student who reports their own commission of the conduct.

For background, see our Texas Title IX defense attorney page and our Title IX investigation guide.

Texas Law in Brief

Under Texas Education Code 51.252, employees of Texas colleges and universities generally must promptly report incidents they reasonably believe are sexual harassment, sexual assault, dating violence or stalking to the Title IX coordinator, with exceptions such as confidential employees. Under Texas Education Code 51.9364, an institution must note on a transcript that a student is ineligible to reenroll for a reason other than academic or financial, and may remove the note on request if the student becomes eligible or there is good cause. Under Texas Education Code 51.287, if a student withdraws or graduates while such a charge is pending, the institution may not end the disciplinary process or issue a transcript until it makes a final determination of responsibility, and it must give other institutions information about such a determination on request. The full state-law section is on our Texas Title IX page.

Official Texas A&M Title IX Resources

• Texas A&M Office of Civil Rights and Title IX
• Texas A&M University Rule 08.01.01.M1
• Texas A&M SAP 08.01.01.M1.01
• Texas A&M Title IX: Information for Respondents
• Texas A&M Title IX: Student Appeals

Last verified: October 2026

Frequently Asked Questions About Texas A&M Title IX Cases

Which office will contact me, and is it confidential?

The Office of Civil Rights and Title IX (CR/T9) sends the written notice that starts an investigation. It is not a confidential office, and you will be assigned a case manager separate from the Complainant’s. For confidential support, the Rule lists health and counseling providers such as Counseling and Psychological Services.

Can a lawyer be my advisor?

Yes. The SAP says a party may select any person as advisor, including legal counsel. The advisor is generally limited to observing and giving you support. In a sexual harassment or sex-based misconduct hearing, the advisor also conducts cross-examination, and you must have one or Texas A&M appoints one.

How long do I have to appeal?

The SAP says the deadline is the one stated in the DA’s written notice. CR/T9’s student appeals page says five (5) business days from receipt of the notice. The other party then has three (3) business days to respond. The decision is not final until the appeal deadline passes.

What happens if I withdraw or try to transfer?

The Rule and the SAP do not set out a separate rule for withdrawing during a case. CR/T9’s respondent page says a transcript hold applies while a case is pending if suspension or expulsion are possible. Texas Education Code 51.287, summarized above, limits what an institution may do when a student withdraws with a charge pending.

Will this go on my transcript?

CR/T9’s page says a transcript notation of expulsion or suspension applies if you are found responsible for sex-based violence or non-consensual sexual penetration and receive one of those sanctions. It says there is no notation for other sanctions. A hold can appear while the case is pending.

Can the case be resolved informally?

The SAP lets a Complainant ask for an informal resolution, and CR/T9 may resolve a complaint informally if the allegation does not rise to the level of prohibited conduct. The SAP text does not describe how an informal resolution works. Your case manager can explain what is available in your case.