6. Procedures for Title IX Cases

The procedures outlined in this Section 6 will be used in cases in which the alleged conduct, geography of the incident, and parties meet the scope requirements outlined in Section 2 for Title IX Cases.

Investigation

Upon receiving notice from the Title IX Coordinator, the Special Investigator(s) will commence an investigation into the allegations involved. For Standard cases, a single Special Investigator will investigate the allegations; for Severe cases, a team of two (2) Special Investigators will work together to investigate the allegations. During this investigation process, the investigators will attempt to interview both the complainant and respondent and any witnesses who may have information about the incident(s) in question. The Special Investigators will endeavor to provide the parties with a reasonable time period before their interview so that this gives the parties time to prepare for the interview; in most cases, this reasonable time period will be a two (2) day notice, unless the party requests additional time to prepare, which the Special Investigator will take into consideration in scheduling interviews. Each party may select an advisor of his/her choice who may accompany him/her to any investigative meeting, but the advisor will not participate in such meeting.

In addition to interviewing the witnesses and parties, the investigators will endeavor to collect and review evidence, including, but not limited to, evidence submitted by either party, the Title IX Coordinator, or other persons involved in gathering evidence relating to the allegation. This includes both exculpatory and inculpatory evidence.  Both the Complainant and Respondent and their Advisors (if they select an Advisor) will have reasonable and equitable access to all evidence relevant to the alleged violation in the institution's possession, including any statements made by the Complainant or by other persons, information stored electronically, written or electronic communications, social media posts, or physical evidence, redacted as necessary to comply with any applicable federal or state law regarding confidentiality. All evidence directly related to the allegations in the case will be provided to the parties as a part of the Investigator’s Report, as detailed below.

Within a reasonable time, the Special Investigator(s) will complete their investigation and prepare a written report for the ACTS Committee. Although cooperation with law enforcement may require DBU to suspend the fact-finding portion of a Title IX investigation temporarily, the Special Investigators will promptly resume their investigation as soon as they are notified by the law enforcement agency that the agency has completed the evidence gathering process. The Special Investigators will not, however, wait for the conclusion of a criminal proceeding to begin their own investigation, and will proceed with diligence to investigate the matter within the original reasonable time period, if possible.

If a student withdraws from DBU or an employee resigns his/her employment with DBU pending an investigation as to whether the student or employee committed sexual harassment, sexual assault, dating/domestic violence, or stalking, DBU will continue the investigation or disciplinary process and will not issue a transcript to the student until a final determination regarding responsibility is made.

Upon the conclusion of the investigation and the drafting of the written report, the Special Investigators will provide a copy of the written Special Investigator’s Report, along with all evidence directly related to the allegations in the case to the Title IX Coordinator the complainant,  the respondent, and their respective Advisors (if any). Concurrently with or shortly after the Special Investigator(s) send this Report, the Title IX Coordinator will provide the parties with a notice of the time, date, and location of the hearing in the case. Either party may provide a written response to the Special Investigator’s Report via email to TitleIX@dbu.edu by the next regular business day (Monday through Friday, other than University holidays) at 10 a.m. following ten (10) days from when the Special Investigators’ Report was sent to the parties. Any written response received from a party will be considered by the Special Investigator(s), who may alter the Report and/or append the response(s) as appendices to the Report. Upon making any changes and appending any responses, the Special Investigator(s) will provide the Final Report to the Title IX Coordinator, the ACTS Committee, the parties, and their Advisors.  

Hearing

A formal hearing will be scheduled as soon as possible after the Special Investigators’ Written Report is received and all parties have had the requisite time to review this Report and provide additional written comments.

For Standard cases, the following individuals will make up the hearing panel, and will serve as adjudicators for these cases:

  • Cases Where the Respondent is a Student: VP for Student Affairs, Deputy Title IX Coordinator for Students, and Senior Legal Counsel to the President
  • Cases Where the Respondent is an Employee: Provost, Deputy Title IX Coordinator for Employees, and Senior Legal Counsel to the President

For Severe cases, a quorum of at least five (5) members of the ACTS Committee must be present for the hearing, with the persons listed above as adjudicators for the Standard cases being required members of the hearing panel.

In both Standard and Severe cases, the Senior Legal Counsel to the President will serve as the Chair of the Hearing Panel, and will be responsible for deciding all procedural questions, relevancy determinations, or other evidentiary questions that may arise and ensuring that all parties and Advisors follow the Hearing and Evidence Manual, which will be provided to the parties and their advisors along with the original notice of the case. The provisions of this Hearing and Evidence Manual will be binding on all parties and their Advisors, and they will be expected to conduct themselves in all hearings in accordance with this Hearing and Evidence Manual. 

In certain instances, it may be necessary for an ACTS Committee member to recuse themselves from the hearing if the committee member has oversight of or a strong personal or business relationship with either the complainant or respondent which would create a conflict of interest. For example, if either the complainant or respondent was a member of one of the University’s athletic teams and the Director of Athletics was then serving on the ACTS Committee, it would be necessary for the Director of Athletics to recuse himself/herself from the hearing because of the potential for a conflict of interest. Likewise, if one of the persons listed above for a hearing panel is unavailable to serve on that hearing panel because of illness, vacation, because they have recused themselves, or for other extenuating circumstances, a replacement hearing panel member will be chosen by the Title IX Coordinator. The General Counsel for the University may sit in on any hearing to provide counsel to the University officials involved in the hearing, but will not ask questions of witnesses or be involved in the adjudication of the case.

Hearings will be held in-person unless extenuating circumstances necessitate a virtual hearing take place or other factors weigh in favor of utilizing a virtual hearing environment. Hearing procedures will be outlined more fully in the Hearing and Evidence Manual. In general, both parties will be given the opportunity to make an opening statement and their advisors will be given the opportunity to present witnesses and cross-examine all opposing parties or witnesses. A party may not be present in the same room while the other party is presenting his/her testimony, though he/she may watch the proceedings in another room via video conference while his/her Advisor (if any) asks cross-examination questions. Hearing Panel members will also be given the opportunity to ask questions of all witnesses. As outlined more fully in the Hearing and Evidence Manual, alleged victims may not be asked questions about their prior sexual behavior or sexual predisposition unless the evidence of prior sexual behavior is offered to prove someone other than the respondent committed the alleged offense, or where prior sexual behavior evidence is specifically about the complainant and the respondent and is offered to prove consent. As mandated by Title IX regulations, the statements of any party who is not willing to submit to cross-examination will not be considered by the hearing panel when making its decision on responsibility. However, the Hearing Panel will not draw any adverse inference based on the mere fact that an individual refused to submit to cross-examination.

in addition to the witnesses and evidence presented by the parties at the hearing, the Hearing Panel will consider the evidence of the Special Investigators as outlined in their written report.

At the conclusion of the hearing, the Hearing Panel will deliberate and make a ruling as to whether, under a clear and convincing evidence standard, the respondent violated this policy. If a violation is deemed to have occurred, the ACTS Committee will also issue appropriate remedies and sanctions against the respondent.

Remedies and sanctions will be determined based on the seriousness of the misconduct and the responsible respondent’s prior disciplinary history. Possible remedies and sanctions for students may include, but will not be limited to, a formal admonition, restrictions from extracurricular activities, dismissal from residence halls/apartments, move to online classes, removal or reduction of institutional scholarships, disciplinary probation, suspension, expulsion, or withholding of degree. Possible remedies and sanctions for faculty/staff may include, but will not be limited to, a verbal/written warning, demotion, reassignment, probation, suspension, or termination.  Community service, mandatory counseling/training, or other measures may be added to these remedies and sanctions for students, faculty, or staff, as appropriate.

After making these rulings, the Senior Legal Counsel to the President will, within five (5) business days, prepare a written determination that details: a) the allegations at issue; b) a description of the procedural steps taken throughout the case; c) findings of fact supporting the determination; d) conclusions regarding application of this Sexual Misconduct Policy; e) a statement and rationale as to the determination for each allegation; f) a statement of any disciplinary sanctions and whether any remedies will be provided to the complainant; and g) a description of the procedures and permissible grounds for appeal. This written determination will be given simultaneously by email to both parties and will also be provided to, the parties’ Advisors (if any), the Confidential Consultants for the parties, and the President of the University. The recording of the hearing will be transcribed within a reasonable time and made available to the parties and their Advisors.

The investigation and hearing procedures will be completed within a reasonable time, unless extenuating circumstances require additional time. If additional time is needed, both parties will be notified, and the ACTS Committee will endeavor to complete the investigation and hearing in as short a time as possible under the circumstances.

Notations on Transcripts

If, as a result of sanctions other than sanctions for academic or financial reasons, a student is ineligible to reenroll at DBU, state law mandates that DBU include on the student's transcript a notation stating that the student is ineligible to reenroll in DBU for a reason other than an academic or financial reason. On request of a student or at the discretion of the University, DBU may remove this notation if: (1) the student is eligible to reenroll at DBU; or (2) DBU determines that good cause exists to remove the notation.

Appeal

Within ten (10) days of the issuance of the written determination, either party may request an appeal in writing to the Title IX Coordinator based on one or more of the following reasons: a) procedural irregularity; b) new evidence exists which was not available at the hearing; or c) conflict of interest/bias. Additionally, the President of the University, who may choose to consult with the Special Adjudicator, will review the written ruling and the proceedings of the ACTS Committee. In the President’s discretion the President may also institute an appeal. If an appeal is requested by either the complainant, respondent, or the President of the University, all parties will receive written notification of the appeal and be given an opportunity to respond in writing.

The Special Adjudicator will handle all appellate proceedings utilizing the previous reports and evidence, but also allowing the parties to bring additional evidence, witnesses, and testimony. At this hearing the Special Adjudicator will utilize the rules outlined in the Hearing and Evidence Manual, and will be responsible for deciding all procedural, relevancy, or evidentiary questions that may arise and ensuring that all parties and Advisors follow the Hearing and Evidence Manual. The Special Adjudicator may also, on his/her own motion, request any documents, witnesses, or additional evidence that he/she deems necessary for the fair adjudication of the matter.

Both the complainant and respondent will be given written notice at least three (3) business days before the hearing of the date, time, and location of the appeals hearing. Using a clear and convincing evidence standard, the Special Adjudicator will, after hearing all evidence, make a ruling as to whether a violation of this policy occurred and, if applicable, issue sanctions. On appeal, the Special Adjudicator may consider a variety of factors, one of which may be the impact to the Complainant. In making this ruling and issuing remedies and sanctions, the Special Adjudicator may sustain the ruling and/or sanctions set forth by the ACTS Committee, but will also have the discretion to overturn such ruling and/or sanctions and issue his/her own ruling or sanctions.

After making these rulings, the Special Adjudicator will, within five (5) business days, prepare a written determination that details: a) the allegations at issue; b) a description of the procedural steps taken throughout the case; c) findings of fact supporting the determination; d) conclusions regarding application of this Sexual Misconduct Policy; e) a statement and rationale as to the determination for each allegation; and f) a statement of any disciplinary sanctions and whether any remedies will be provided to the complainant. This written determination will be given to the complainant, respondent, Title IX Coordinator, ACTS Committee Members, the parties’ Advisors (if any), the Confidential Consultants for the parties, and the President of the University. This ruling and the accompanying sanctions, if applicable, will be final and will not be appealable.

Reporting

The President of the University may provide the DBU Board of Trustees with a report on any proceedings involving a formal complaint as outlined in this Section. This report will be kept strictly confidential by all Board members and is meant to give the Board broad oversight of the University’s Title IX procedures so that the Board can ensure that this policy and the accompanying procedures are handled in a way that promotes a safe and Christ-like atmosphere within the University community.

Certain university administrators are informed of the outcome within the bounds of student/faculty/staff privacy (e.g., Vice President for Student Affairs, Dean of Students, Provost, Chief of Police, Vice President for Administrative Affairs and Enrollment, Senior Legal Counsel to the President’s Office, Legal Affairs Office, and other personnel that have a material need to know about the incident). In some instances, the President also may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the parties. The institution also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an “Annual Security and Fire Safety Report” of campus crime statistics. This statistical report does not include personally identifiable information. Likewise, state law requires that the Title IX Coordinator provide the President with a report every three months on Title IX case information, and that the President provide a report each fall and spring semester to the Board of Trustees with statistical information about complaints and the dispositions of cases reported by employees. These reports will not identify names, and will also be posted on the university’s Title IX website. Additionally, the President will certify the institution’s compliance with these state laws in writing to the Texas Higher Education Coordinating Board annually.

As mandated by state law, DBU will, on request by another postsecondary educational institution, provide to the requesting institution information relating to the determination by DBU that a student enrolled at DBU violated this Sexual Misconduct Policy by committing sexual harassment, sexual assault, dating violence, or stalking.

If the Dallas Baptist University Police Department (DBU-PD) or its administrative supervisor within the DBU administration becomes aware of a serious and continuing threat to the campus community, a timely notification to protect the health and/or safety of the community will be issued. DBU-PD may also be required to disclose a reported incident of sexual misconduct in the daily crime log, annual security and fire safety report, or as otherwise required under state or federal law. In addition, DBU may also share non-identifying information, including data about outcomes and penalties, in aggregate form. At no time will DBU release the name or other personally identifiable information of the complainant to the general public without the prior written consent of the complainant or as otherwise permitted or required by law.

7. Procedures in cases where the Complainant does not File a Formal Complaint or Wishes to Remain Anonymous

If the complainant alleges sexual misconduct but does not wish to pursue a formal complaint and/or requests that his or her complaint remain anonymous, federal and state laws may nevertheless require the University to investigate and take reasonable action in response to the complainant’s request. The Title IX Coordinator will inform the complainant that the University’s ability to respond may be limited if the complainant is not a participant in the investigation. In such cases, federal and state laws require the University to evaluate the complainant’s request that the complaint not be subject to a formal hearing or remain anonymous in the context of the University’s commitment to provide a reasonably safe environment for all students.

In order to protect the safety of the campus community, the Title IX Coordinator may investigate allegations of violations of this policy even absent the filing of a formal complaint or report, or if a complaint or report has been withdrawn. After reviewing the alleged incident(s), the Title IX Coordinator, Senior Legal Counsel to the President, and Vice President for Student Affairs (if the allegation is against a student),  Provost (if the allegation is against a faculty member), or Deputy Title IX Coordinator for Employees (if the respondent is a staff member) will meet to determine if the allegation involves such a significant risk to the safety of the overall community that they feel it is necessary to initiate formal complaint procedures on their own motion to protect the community at large. In making this assessment, they will consider the seriousness of the alleged incident, whether the institution has received other reports of sexual misconduct by the Respondent, whether the alleged incident poses a risk of harm to others, and other factors that they deem appropriate. The risk to the campus community will be especially present in cases indicating pattern, predation, threat, weapons, and/or violence.

If it is decided that the allegation involves such a significant risk to the safety of the overall community that it is necessary to initiate formal complaint procedures, then the Title IX Coordinator will institute the formal complaint procedures outlined in Section 6, 8 or 9 of this policy, as appropriate. If it is decided that the allegation does not involve a significant risk to the safety of the overall community, the Title IX Coordinator may close the case, and will create a record for the University’s Title IX files detailing why this decision was made and how it was not clearly unreasonable under Title IX standards. 

8. Procedures for Texas Law Cases

The procedures outlined in this Section 8 will be used in cases in which the alleged conduct, geography of the incident, and parties meet the scope requirements outlined in Section 2 for Texas Law Cases.

Investigation

Upon receiving notice from the Title IX Coordinator, the Special Investigator(s) will commence an investigation into the allegations involved. For Standard cases, a single Special Investigator will investigate the allegations; for Severe cases, a team of two (2) Special Investigators will work together to investigate the allegations. During this investigation process, the investigators will attempt to interview both the complainant and respondent and any witnesses who may have information about the incident(s) in question. The Special Investigators will endeavor to provide the parties with a reasonable time period before their interview so that this gives the parties time to prepare for the interview; in most cases, this reasonable time period will be a two (2) day notice, unless the party requests additional time to prepare, which the Special Investigator will take into consideration in scheduling interviews. Each party may select an advisor of his/her choice who may accompany him/her to any investigative meeting, but the advisor will not participate in such meeting.

In addition to interviewing the witnesses and parties, the investigators will endeavor to collect and review evidence, including, but not limited to, evidence submitted by either party, the Title IX Coordinator, or other persons involved in gathering evidence relating to the allegation. This includes both exculpatory and inculpatory evidence.  Both the Complainant and Respondent and their Advisors (if they select an Advisor) will have reasonable and equitable access to all evidence relevant to the alleged violation in the institution's possession, including any statements made by the Complainant or by other persons, information stored electronically, written or electronic communications, social media posts, or physical evidence, redacted as necessary to comply with any applicable federal or state law regarding confidentiality. All evidence directly related to the allegations in the case will be provided to the parties as a part of the Investigator’s Report, as detailed below.

Within a reasonable time, the Special Investigator(s) will complete their investigation and prepare a written report for the ACTS Committee. Although cooperation with law enforcement may require DBU to suspend the fact-finding portion of a Title IX investigation temporarily, the Special Investigators will promptly resume their investigation as soon as they are notified by the law enforcement agency that the agency has completed the evidence gathering process. The Special Investigators will not, however, wait for the conclusion of a criminal proceeding to begin their own investigation, and will proceed with diligence to investigate the matter within the original reasonable time period, if possible.

If a student withdraws from DBU or an employee resigns his/her employment with DBU pending an investigation as to whether the student or employee committed sexual harassment, sexual assault, dating/domestic violence, or stalking, DBU will continue the investigation or disciplinary process and will not issue a transcript to the student until a final determination regarding responsibility is made.

Upon the conclusion of the investigation and the drafting of the written report, the Special Investigators will provide a copy of the written Special Investigator’s Report, along with all evidence directly related to the allegations in the case to the Title IX Coordinator the complainant,  the respondent, and their respective Advisors (if any). Concurrently with or shortly after the Special Investigator(s) send this Report, the Title IX Coordinator will provide the parties with a notice of the time, date, and location of the hearing in the case. Either party may provide a written response to the Special Investigator’s Report via email to TitleIX@dbu.edu by the next regular business day (Monday through Friday, other than University holidays) at 10 a.m. following ten (10) days from when the Special Investigators’ Report was sent to the parties. Any written response received from a party will be considered by the Special Investigator(s), who may alter the Report and/or append the response(s) as appendices to the Report. Upon making any changes and appending any responses, the Special Investigator(s) will provide the Final Report to the Title IX Coordinator, the ACTS Committee, the parties, and their Advisors.  

Hearing

A formal hearing will be scheduled as soon as possible after the Special Investigators’ Written Report is received and all parties have had the requisite time to review this Report and provide additional written comments.

For Standard cases, the following individuals will make up the hearing panel, and will serve as adjudicators for these cases:

  • Cases Where the Respondent is a Student: VP for Student Affairs, Deputy Title IX Coordinator for Students, and Senior Legal Counsel to the President
  • Cases Where the Respondent is an Employee: Provost, Deputy Title IX Coordinator for Employees, and Senior Legal Counsel to the President

For Severe cases, a quorum of at least five (5) members of the ACTS Committee must be present for the hearing, with the persons listed above as adjudicators for the Standard cases being required members of the hearing panel.

In both Standard and Severe cases, the Senior Legal Counsel to the President will serve as the Chair of the Hearing Panel, and will be responsible for deciding all procedural question, relevancy determinations, or other evidentiary questions that may arise and ensuring that all parties and Advisors follow the Hearing Manual, which will be provided to the parties and their advisors along with the hearing notice.

In certain instances, it may be necessary for an ACTS Committee member to recuse themselves from the hearing if the committee member has oversight of or a strong personal or business relationship with either the complainant or respondent which would create a conflict of interest. For example, if either the complainant or respondent was a member of one of the University’s athletic teams and the Director of Athletics was then serving on the ACTS Committee, it would be necessary for the Director of Athletics to recuse himself/herself from the hearing because of the potential for a conflict of interest. Likewise, if one of the persons listed above for a hearing panel is unavailable to serve on that hearing panel because of illness, vacation, because they have recused themselves, or for other extenuating circumstances, a replacement hearing panel member will be chosen by the Title IX Coordinator. The General Counsel for the University may sit in on any hearing to provide counsel to the University officials involved in the hearing, but will not ask questions of witnesses or be involved in the adjudication of the case.

Hearings will be held in-person unless extenuating circumstances necessitate a virtual hearing take place or other factors weigh in favor of utilizing a virtual hearing environment. Hearing procedures will be outlined more fully in the Hearing and Evidence Manual. In general, both parties will be given the opportunity to make an opening statement and present witnesses. Hearing Panel members will be given the opportunity to ask questions of all witnesses. A party’s Advisor may be present at hearings, but may not participate. Each party may submit a list of potential cross-examination questions prior to the hearing, and if approved as being relevant and not in violation of the Hearing and Evidence Manual rules, the Senior Legal Counsel to the President will ask these questions to the person for whom the questions were meant. As outlined more fully in the Hearing and Evidence Manual, alleged victims may not be asked questions about their prior sexual behavior or sexual predisposition unless the evidence of prior sexual behavior is offered to prove someone other than the respondent committed the alleged offense, or where prior sexual behavior evidence is specifically about the complainant and the respondent and is offered to prove consent. Neither party may be present to witness the other party’s testimony, though the hearing will be recorded and a transcription provided upon request to both parties. In addition to the witnesses and evidence presented by the parties at the hearing, the Hearing Panel will consider the evidence of the Special Investigators as outlined in their written report.

At the conclusion of the hearing, the Hearing Panel will deliberate and make a ruling as to whether, under a clear and convincing evidence standard, the respondent violated this policy. If a violation is deemed to have occurred, the ACTS Committee will also issue appropriate remedies and sanctions against the respondent.

Remedies and sanctions will be determined based on the seriousness of the misconduct and the responsible respondent’s prior disciplinary history. Possible remedies and sanctions for students may include, but will not be limited to, a formal admonition, restrictions from extracurricular activities, dismissal from residence halls/apartments, move to online classes, removal or reduction of institutional scholarships, disciplinary probation, suspension, expulsion, or withholding of degree. Possible remedies and sanctions for faculty/staff may include, but will not be limited to, a verbal/written warning, demotion, reassignment, probation, suspension, or termination.  Community service, mandatory counseling/training, or other measures may be added to these remedies and sanctions for students, faculty, or staff, as appropriate.

After making these rulings, the Senior Legal Counsel to the President will, within five (5) business days, prepare a written determination that details: a) the allegations at issue; b) a description of the procedural steps taken throughout the case; c) findings of fact supporting the determination; d) conclusions regarding application of this Sexual Misconduct Policy; e) a statement and rationale as to the determination for each allegation; f) a statement of any disciplinary sanctions and whether any remedies will be provided to the complainant; and g) a description of the procedures and permissible grounds for appeal. This written determination will be given to the complainant, respondent, the parties’ Advisors (if any), the Confidential Consultants for the parties, and the President of the University. The recording of the hearing will be transcribed within a reasonable time and made available to the parties and their Advisors.

The investigation and hearing procedures will be completed within a reasonable time, unless extenuating circumstances require additional time. If additional time is needed, both parties will be notified, and the ACTS Committee will endeavor to complete the investigation and hearing in as short a time as possible under the circumstances.

Notations on Transcripts

If, as a result of sanctions other than sanctions for academic or financial reasons, a student is ineligible to reenroll at DBU, state law mandates that DBU include on the student's transcript a notation stating that the student is ineligible to reenroll in DBU for a reason other than an academic or financial reason. On request of a student or at the discretion of the University, DBU may remove this notation if: (1) the student is eligible to reenroll at DBU; or (2) DBU determines that good cause exists to remove the notation.

Appeal

Within ten (10) days of the issuance of the written ruling, either party may request an appeal in writing to the Title IX Coordinator based on one or more of the following reasons: a) procedural irregularity; b) new evidence exists which was not available at the hearing; or c) conflict of interest/bias. Additionally, the President of the University, who may choose to consult with the Special Adjudicator, will review the written ruling and the proceedings of the ACTS Committee. In the President’s discretion the President may also institute an appeal. If an appeal is requested by either the complainant, respondent, or the President of the University, all parties will receive written notification of the appeal and be given an opportunity to respond in writing.

The Special Adjudicator will handle all appellate proceedings utilizing the previous reports and evidence, but also allowing the parties to bring additional evidence, witnesses, and testimony. At this hearing the Special Adjudicator will utilize the rules outlined in the Hearing and Evidence Manual, and will be responsible for deciding all procedural questions, relevancy determinations, or other evidentiary questions that may arise and ensuring that all parties and Advisors follow the Hearing and Evidence Manual. The Special Adjudicator may also, on his/her own motion, request any documents, witnesses, or additional evidence that he/she deems necessary for the fair adjudication of the matter.

Both the complainant and respondent will be given written notice at least three (3) business days before the hearing of the date, time, and location of the appeals hearing. Using a clear and convincing evidence standard, the Special Adjudicator will, after hearing all evidence, make a ruling as to whether a violation of this policy occurred and, if applicable, issue sanctions. On appeal, the Special Adjudicator may consider a variety of factors, one of which may be the impact to the Complainant. In making this ruling and issuing remedies sanctions, the Special Adjudicator may sustain the ruling and/or sanctions set forth by the ACTS Committee, but will also have the discretion to overturn such ruling and/or sanctions and issue his/her own ruling or sanctions.

After making these rulings, the Special Adjudicator will, within five (5) business days, prepare a written determination that details: a) the allegations at issue; b) a description of the procedural steps taken throughout the case; c) findings of fact supporting the determination; d) conclusions regarding application of this Sexual Misconduct Policy; e) a statement and rationale as to the determination for each allegation; and f) a statement of any disciplinary sanctions and whether any remedies will be provided to the complainant.. This written determination will be given to the complainant, respondent, Title IX Coordinator, ACTS Committee Members, the parties’ Advisors (if any), the Confidential Consultants for the parties, and the President of the University. This ruling and the accompanying remedies and sanctions, if applicable, will be final and will not be appealable.

Reporting

The President of the University may provide the DBU Board of Trustees with a report on any proceedings involving a formal complaint as outlined in this Section. This report will be kept strictly confidential by all Board members and is meant to give the Board broad oversight of the University’s Title IX procedures so that the Board can ensure that this policy and the accompanying procedures are handled in a way that promotes a safe and Christ-like atmosphere within the University community.

Certain university administrators are informed of the outcome within the bounds of student/faculty/staff privacy (e.g., Vice President for Student Affairs, Dean of Students, Provost, Chief of Police, Vice President for Administrative Affairs and Enrollment, Senior Legal Counsel to the President’s Office, Legal Affairs Office, and other personnel that have a material need to know about the incident). In some instances, the President also may choose to make a brief public announcement of the nature of the violation and the action taken, without using the name or identifiable information of the parties. The institution also must statistically report the occurrence on campus of major violent crimes, including certain sex offenses, in an “Annual Security and Fire Safety Report” of campus crime statistics. This statistical report does not include personally identifiable information. Likewise, state law requires that the Title IX Coordinator provide the President with a report every three months on Title IX case information, and that the President provide a report each fall and spring semester to the Board of Trustees with statistical information about complaints and the dispositions of cases reported by employees. These reports will not identify names, and will also be posted on the university’s Title IX website. Additionally, the President will certify the institution’s compliance with these state laws in writing to the Texas Higher Education Coordinating Board annually.

As mandated by state law, DBU will, on request by another postsecondary educational institution, provide to the requesting institution information relating to the determination by DBU that a student enrolled at DBU violated this Sexual Misconduct Policy by committing sexual harassment, sexual assault, dating violence, or stalking.

If the Dallas Baptist University Police Department (DBU-PD) or its administrative supervisor within the DBU administration becomes aware of a serious and continuing threat to the campus community, a timely notification to protect the health and/or safety of the community will be issued. DBU-PD may also be required to disclose a reported incident of sexual misconduct in the daily crime log, annual security and fire safety report, or as otherwise required under state or federal law. In addition, DBU may also share non-identifying information, including data about outcomes and penalties, in aggregate form. At no time will DBU release the name or other personally identifiable information of the complainant to the general public without the prior written consent of the complainant or as otherwise permitted or required by law.