Chief Executive Officer Title IX Annual Reports
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Chief Executive Officer Report: Texas Tech University Health Sciences Center
TO: Texas Tech University System Board of Regents
FROM: Dr. Lori Rice-Spearman, Chief Executive Officer
DATE: October 3, 2025
RE: Chief Executive Officer Reporting Requirements under Tex. Educ. Code § 51.253(c)
Under the Texas Education Code (TEC), Section 51.253(c), the institution’s Chief Executive Officer is required to submit a report at least once during each fall or spring semester to the institution’s governing body and post on the institution’s internet website a report concerning the reports received by employees under the TEC, Section 51.252, concerning “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251, and any disciplinary actions taken under TEC, Section 51.255.
For the purposes of complying with the Chief Executive Officer’s reporting requirements under TEC, Section 51.253(c), the attached summary data report1 includes all of the required reporting information to the Texas Tech University System Board of Regents the time period of September 1, 2024, through August 31, 2025. The summary data report is categorized based on the reporting requirements under TEC, Section 51.253(c). The reports received may be applicable in multiple reporting categories, and therefore, the summary data in the categories may not add up to the totals of other categories.
The summary data report is also posted on the institution’s website as per the public reporting requirements under TEC, Section 51.253(c) at:
https://www.ttuhsc.edu/title-ix/institutional_annual_reports
Note: Any additional reports received by the Title IX Coordinator that do not meet the required reporting criteria in the Texas Education Code have been omitted for the compliance purposes of this specific report.
CEO Summary Data Report
September 1, 2024, through August 31, 2025
Number of reports received under Section 51.252 33 Number of confidential reports2 under Section 51.252 1
Number of investigations conducted under Section 51.252 1 Disposition3 of any disciplinary processes for reports under Section 51.252:
- a. Concluded, No Finding of Policy Violation
- b. Concluded, with Employee Disciplinary Sanction
- c. Concluded, with Student Disciplinary Sanction
- d. SUBTOTAL
0
1
0
1Number of reports under Section 51.252 for which the institution determined not to initiate a disciplinary process 32 Texas Education Code, Section 51.255 Number of reports received that include allegations of an employee’s failure to report or who submits a false report to the institution under Section 51.255(a) 0 Any disciplinary action taken, regarding failure to report or false reports to the institution under Section 51.255(c):
- a. Employee termination
- b. Institutional intent to termination, in lieu of employee resignation
0
0
1When identifiable, duplicate reports were consolidated and counted as one report in the summary data, and confidential employee reporting is noted as a sub-set to the total number of reports received.
2 “Number of confidential reports” is a sub-set of the total number of reports that were received under Section 51.252, by a confidential employee or office (e.g., Counseling Center, Student Health Center, Victim Advocate for Students, or Student Ombuds).
3“Disposition” means “final result under the institution’s disciplinary process” as defined in the Texas Higher Education Coordinating Board’s (THECB) rules for TEC, Section 51.259 [See 19 Texas Administrative Code, Section 3.6(3) (2019)]; therefore, pending disciplinary processes will not be listed until the final result is rendered.
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Chief Executive Officer Report: Texas Tech University Health Sciences Center
TO: Texas Tech University System Board of Regents
FROM: Dr. Lori Rice-Spearman, Chief Executive Officer
DATE: October 8, 2024
RE: Chief Executive Officer Reporting Requirements under Tex. Educ. Code § 51.253(c)
Under the Texas Education Code (TEC), Section 51.253(c), the institution’s Chief Executive Officer is required to submit a report at least once during each fall or spring semester to the institution’s governing body and post on the institution’s internet website a report concerning the reports received by employees under the TEC, Section 51.252, concerning “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251, and any disciplinary actions taken under TEC, Section 51.255.
For the purposes of complying with the Chief Executive Officer’s reporting requirements under TEC, Section 51.253(c), the attached summary data report1 includes all of the required reporting information to the Texas Tech University System Board of Regents the time period of September 1, 2024, through August 31, 2025. The summary data report is categorized based on the reporting requirements under TEC, Section 51.253(c). The reports received may be applicable in multiple reporting categories, and therefore, the summary data in the categories may not add up to the totals of other categories.
The summary data report is also posted on the institution’s website as per the public reporting requirements under TEC, Section 51.253(c) at:
https://www.ttuhsc.edu/title-ix/institutional_annual_reports
Note: Any additional reports received by the Title IX Coordinator that do not meet the required reporting criteria in the Texas Education Code have been omitted for the compliance purposes of this specific report.
CEO Summary Data Report
September 1, 2023, through August 31, 2024
Number of reports received under Section 51.252 59 Number of confidential reports2 under Section 51.252 2
Number of investigations conducted under Section 51.252 1 Disposition3 of any disciplinary processes for reports under Section 51.252:
- a. Concluded, No Finding of Policy Violation
- b. Concluded, with Employee Disciplinary Sanction
- c. Concluded, with Student Disciplinary Sanction
- d. SUBTOTAL
0
1
0
0Number of reports under Section 51.252 for which the institution determined not to initiate a disciplinary process 58 Texas Education Code, Section 51.255 Number of reports received that include allegations of an employee’s failure to report or who submits a false report to the institution under Section 51.255(a) 0 Any disciplinary action taken, regarding failure to report or false reports to the institution under Section 51.255(c):
- a. Employee termination
- b. Institutional intent to termination, in lieu of employee resignation
0
0
1When identifiable, duplicate reports were consolidated and counted as one report in the summary data, and confidential employee reporting is noted as a sub-set to the total number of reports received.
2 “Number of confidential reports” is a sub-set of the total number of reports that were received under Section 51.252, by a confidential employee or office (e.g., Counseling Center, Student Health Center, Victim Advocate for Students, or Student Ombuds).
3“Disposition” means “final result under the institution’s disciplinary process” as defined in the Texas Higher Education Coordinating Board’s (THECB) rules for TEC, Section 51.259 [See 19 Texas Administrative Code, Section 3.6(3) (2019)]; therefore, pending disciplinary processes will not be listed until the final result is rendered.
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Chief Executive Officer Report: Texas Tech University Health Sciences Center
TO: Texas Tech University System Board of Regents
FROM: Dr. Lori Rice-Spearman, Chief Executive Officer
DATE: October 10, 2023
RE: Chief Executive Officer Reporting Requirements under Tex. Educ. Code § 51.253(c)
Under the Texas Education Code (TEC), Section 51.253(c), the institution’s Chief Executive Officer is required to submit a report at least once during each fall or spring semester to the institution’s governing body and post on the institution’s internet website a report concerning the reports received by employees under the TEC, Section 51.252, concerning “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251, and any disciplinary actions taken under TEC, Section 51.255.
For the purposes of complying with the Chief Executive Officer’s reporting requirements under TEC, Section 51.253(c), the attached summary data report1 includes all of the required reporting information to the Texas Tech University System Board of Regents for the time period of September 1, 2022 through August 31, 2023. The summary data report is categorized based on the reporting requirements under TEC, Section 51.253(c). The reports received may be applicable in multiple reporting categories, and therefore, the summary data in the categories may not add up to the totals of other categories.
The summary data report is also posted on the institution’s website as per the public reporting
requirements under TEC, Section 51.253(c) at:https://www.ttuhsc.edu/title-ix/institutional_annual_reports
Note: Any additional reports received by the Title IX Coordinator that do not meet the required reporting criteria in the Texas Education Code have been omitted for the compliance purposes of this specific report.
CEO Summary Data Report
September 1, 2022, through August 31, 2023
Number of reports received under Section 51.252 46 Number of confidential reports2 under Section 51.252 4
Number of investigations conducted under Section 51.252 3 Disposition3 of any disciplinary processes for reports under Section 51.252:
- a. Concluded, No Finding of Policy Violation
- b. Concluded, with Employee Disciplinary Sanction
- c. Concluded, with Student Disciplinary Sanction
- d. SUBTOTAL
2
0
1
3Number of reports under Section 51.252 for which the institution determined not to initiate a disciplinary process 43 Texas Education Code, Section 51.255 Number of reports received that include allegations of an employee’s failure to report or who submits a false report to the institution under Section 51.255(a) 0 Any disciplinary action taken, regarding failure to report or false reports to the institution under Section 51.255(c):
- a. Employee termination
- b. Institutional intent to termination, in lieu of employee resignation
0
0
1When identifiable, duplicate reports were consolidated and counted as one report in the summary data, and confidential employee reporting is noted as a sub-set to the total number of reports received.
2 “Number of confidential reports” is a sub-set of the total number of reports that were received under Section 51.252, by a confidential employee or office (e.g., Counseling Center, Student Health Center, Victim Advocate for Students, or Student Ombuds).
3“Disposition” means “final result under the institution’s disciplinary process” as defined in the Texas Higher Education Coordinating Board’s (THECB) rules for TEC, Section 51.259 [See 19 Texas Administrative Code, Section 3.6(3) (2019)]; therefore, pending disciplinary processes will not be listed until the final result is rendered.
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Chief Executive Officer Report: Texas Tech University Health Sciences Center
TO: Texas Tech University System Board of Regents
FROM: Dr. Lori Rice-Spearman, Chief Executive Officer
DATE: October 4, 2022
RE: Chief Executive Officer Reporting Requirements under Tex. Educ. Code § 51.253(c)
Under the Texas Education Code (TEC), Section 51.253(c), the institution’s Chief Executive Officer is required to submit a report at least once during each fall or spring semester to the institution’s governing body and post on the institution’s internet website a report concerning the reports received by employees under the TEC, Section 51.252, concerning “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251, and any disciplinary actions taken under TEC, Section 51.255.
For the purposes of complying with the Chief Executive Officer’s reporting requirements under TEC, Section 51.253(c), the attached summary data report1 includes all of the required reporting information to the Texas Tech University System Board of Regents for the time period of September 1, 2021 through August 31, 2022. The summary data report is categorized based on the reporting requirements under TEC, Section 51.253(c). The reports received may be applicable in multiple reporting categories, and therefore, the summary data in the categories may not add up to the totals of other categories.
The summary data report is also posted on the institution’s website as per the public reporting requirements under TEC, Section 51.253(c) at:https://www.ttuhsc.edu/title-ix/institutional_annual_reports
Note: Any additional reports received by the Title IX Coordinator that do not meet the required reporting criteria in the Texas Education Code have been omitted for the compliance purposes of this specific report.
CEO Summary Data Report
September 1, 2021, through August 31, 2022
Number of reports received under Section 51.252 48 Number of confidential reports2 under Section 51.252 2
Number of investigations conducted under Section 51.252 7 Disposition3 of any disciplinary processes for reports under Section 51.252:
- a. Concluded, No Finding of Policy Violation
- b. Concluded, with Employee Disciplinary Sanction
- c. Concluded, with Student Disciplinary Sanction
- d. SUBTOTAL
6
1
0
7Number of reports under Section 51.252 for which the institution determined not to initiate a disciplinary process 41 Texas Education Code, Section 51.255 Number of reports received that include allegations of an employee’s failure to report or who submits a false report to the institution under Section 51.255(a) 0 Any disciplinary action taken, regarding failure to report or false reports to the institution under Section 51.255(c):
- a. Employee termination
- b. Institutional intent to termination, in lieu of employee resignation
0
0
1When identifiable, duplicate reports were consolidated and counted as one report in the summary data, and confidential employee reporting is noted as a sub-set to the total number of reports received.
2 “Number of confidential reports” is a sub-set of the total number of reports that were received under Section 51.252, by a confidential employee or office (e.g., Counseling Center, Student Health Center, Victim Advocate for Students, or Student Ombuds).
3“Disposition” means “final result under the institution’s disciplinary process” as defined in the Texas Higher Education Coordinating Board’s (THECB) rules for TEC, Section 51.259 [See 19 Texas Administrative Code, Section 3.6(3) (2019)]; therefore, pending disciplinary processes will not be listed until the final result is rendered.
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Chief Executive Officer Report: Texas Tech University Health Sciences Center
TO: Texas Tech University System Board of Regents
FROM: Dr. Lori Rice-Spearman, Chief Executive Officer
DATE: October 8, 2021
RE: Chief Executive Officer Reporting Requirements under Tex. Educ. Code § 51.253(c)
Under the Texas Education Code (TEC), Section 51.253(c), the institution’s Chief Executive Officer is required to submit a report at least once during each fall or spring semester to the institution’s governing body and post on the institution’s internet website a report concerning the reports received by employees under the TEC, Section 51.252, concerning “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251, and any disciplinary actions taken under TEC, Section 51.255.
For the purposes of complying with the Chief Executive Officer’s reporting requirements under TEC, Section 51.253(c), the attached summary data report1 includes all of the required reporting information to the Texas Tech University System Board of Regents for the time period of September 1, 2020 through August 31, 2021. The summary data report is categorized based on the reporting requirements under TEC, Section 51.253(c). The reports received may be applicable in multiple reporting categories, and therefore, the summary data in the categories may not add up to the totals of other categories.
The summary data report is also posted on the institution’s website as per the public reporting requirements under TEC, Section 51.253(c) at:https://www.ttuhsc.edu/title-ix/institutional_annual_reports
Note: Any additional reports received by the Title IX Coordinator that do not meet the required reporting criteria in the Texas Education Code have been omitted for the compliance purposes of this specific report.
CEO Summary Data Report
September 1, 2020, through August 31, 2021
Number of reports received under Section 51.252 22 Number of confidential reports2 under Section 51.252 7
Number of investigations conducted under Section 51.252 7 Disposition3 of any disciplinary processes for reports under Section 51.252:
- a. Concluded, No Finding of Policy Violation
- b. Concluded, with Employee Disciplinary Sanction
- c. Concluded, with Student Disciplinary Sanction
- d. SUBTOTAL
5
2
0
7Number of reports under Section 51.252 for which the institution determined not to initiate a disciplinary process 15 Texas Education Code, Section 51.255 Number of reports received that include allegations of an employee’s failure to report or who submits a false report to the institution under Section 51.255(a) 0 Any disciplinary action taken, regarding failure to report or false reports to the institution under Section 51.255(c):
- a. Employee termination
- b. Institutional intent to termination, in lieu of employee resignation
0
0
1When identifiable, duplicate reports were consolidated and counted as one report in the summary data, and confidential employee reporting is noted as a sub-set to the total number of reports received.
2 “Number of confidential reports” is a sub-set of the total number of reports that were received under Section 51.252, by a confidential employee or office (e.g., Counseling Center, Student Health Center, Victim Advocate for Students, or Student Ombuds).
3“Disposition” means “final result under the institution’s disciplinary process” as defined in the Texas Higher Education Coordinating Board’s (THECB) rules for TEC, Section 51.259 [See 19 Texas Administrative Code, Section 3.6(3) (2019)]; therefore, pending disciplinary processes will not be listed until the final result is rendered.
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Chief Executive Officer Report: Texas Tech University Health Sciences Center
TO: Texas Tech University System Board of Regents
FROM: Dr. Lori Rice-Spearman, Chief Executive Officer
DATE: September 28, 2020
RE: Chief Executive Officer Reporting Requirements under Tex. Educ. Code § 51.253(c)
Under the Texas Education Code TEC, Section 51.253(c), at least once during each fall or spring semester, the chief executive officer of a postsecondary educational institution shall submit to the institution’s governing body a written report regarding reports received from employees1 who are required to report under the TEC, Section 51.252 and the type of incident described in the employee’s report constitutes “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251.
For the purposes of complying with the Chief Executive Officer reporting requirements under Section 51.253(c), the attached written report2 (Appendix A, Table 1) includes all of the required reporting information to the Board of Regents of the Texas Tech University System from Quarters 1 and 2 (January 1, 2020 through June 30, 2020). Appendix A, Table 2 features disciplinary actions taken under TEC, Section 51.255.
An attached summary data report (Appendix B), based on Appendix A has also been included. The summary data in Appendix B is categorized based on the reporting requirements under TEC, Section 51.253(c). The reports received may be applicable in multiple reporting categories, and therefore, the summary data in the categories may not add up to the totals of other categories.
Note: Any additional reports received by the Title IX Coordinator that do not meet the required reporting criteria
in the Texas Education Code have been omitted for the compliance purposes of this specific report.3Appendix A
Quarter 1: January 1, 2020 – March 31, 2020
Table 1. Alleged Conduct Reported by Employees under TEC, Section 51.252
Report Number Date Received Alleged Conduct Reported by Employees Under § 51.252 Investigation Status Disciplinary Status 001-2020 01/07/20 Confidential Employee Reporting: Dating Violence Investigation: Not Applicable; Not enough information to investigate4 Disciplinary Process: Not Applicable 002-2020 2/17/20 Dating Violence Investigation: Not Applicable; No jurisdiction to investigate Disciplinary Process: Not Applicable 003-2020 2/18/20 Dating Violence Investigation: Not Applicable; No jurisdiction to investigate Disciplinary Process: Not Applicable 004-2020 2/21/20 Confidential Employee Reporting: Dating Violence Investigation: Not Applicable; Not enough information to investigate Disciplinary Process: Not Applicable 005-2020 3/18/20 Sexual Assault Investigation: Not Applicable; No jurisdiction to investigate Disciplinary Process: Not Applicable 006-2020 3/24/20 Confidential Employee Reporting: Sexual Assault Investigation: Not Applicable; Not enough information to investigate Disciplinary Process: Not Applicable Quarter 2: April 1, 2020 – June 30, 2020
Table 1. Alleged Conduct Reported by Employees under TEC, Section 51.252
Report Number Date Received Alleged Conduct Reported by Employees Under § 51.252 Investigation Status Disciplinary Status 007-2020 05/05/20 Dating Violence Investigation not applicable; No jurisdiction to investigate Disciplinary Process: Not Applicable 008-2020 5/10/20 Sexual Harrassment Formal Investigation Completed Policy Violation; Employee Disciplinary Sanction 009-2020 5/26/20 Dating Violence Investigation not applicable; No jurisdiction to investigate Disciplinary Process: Not Applicable 010-2020 6/24/20 Sexual Assault Investigation not applicable; No jurisdiction to investigate Disciplinary Process: Not Applicable Quarter 1: January 1, 2020 – March 31, 2020
Table 2. Alleged Conduct under TEC, Section 51.255(a)
Report Number Date Received Alleged Conduct Reported by Employees Under § 51.252 Investigation Status Disciplinary Status None None None None None Quarter 2: April 1, 2020 – June 30, 2020
Table 2. Alleged Conduct under TEC, Section 51.255(a)
Report Number Date Received Alleged Conduct Reported by Employees Under § 51.252 Investigation Status Disciplinary Status None None None None None Appendix B
Summary Data Report
Quarter 1: January 1, 2020 – March 31, 2020
Number of reports received under Section 51.2525 6 Number of confidential reports6 under Section 51.252 3
Number of investigations conducted under Section 51.252 0 Disposition7 of any disciplinary processes for reports under Section 51.252:
- a. Concluded, No Finding of Policy Violation8
- b. Concluded, with Employee Disciplinary Sanction
- c. Concluded, with Student Disciplinary Sanction
- d. SUBTOTAL
0
0
0
0Number of reports under Section 51.252 for which the institution determined not to initiate a disciplinary process9 6 Texas Education Code, Section 51.255 Number of reports received that include allegations of an employee’s failure to report or who submits a false report to the institution under Section 51.255(a) 0 Any disciplinary action taken, regarding failure to report or false reports to the institution under Section 51.255(c):
- a. Employee termination
- b. Institutional intent to termination, in lieu of employee resignation
--
--Appendix B
Summary Data Report
Quarter 2: April 1, 2020 – June 30, 2020
Number of reports received under Section 51.25210 4 Number of confidential reports11 under Section 51.252 0
Number of investigations conducted under Section 51.252 1 Disposition12 of any disciplinary processes for reports under Section 51.252:
- a. Concluded, No Finding of Policy Violation13
- b. Concluded, with Employee Disciplinary Sanction
- c. Concluded, with Student Disciplinary Sanction
- d. SUBTOTAL
0
1
0
1Number of reports under Section 51.252 for which the institution determined not to initiate a disciplinary process14 3 Texas Education Code, Section 51.255 Number of reports received that include allegations of an employee’s failure to report or who submits a false report to the institution under Section 51.255(a) 0 Any disciplinary action taken, regarding failure to report or false reports to the institution under Section 51.255(c):
- a. Employee termination
- b. Institutional intent to termination, in lieu of employee resignation
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1 Employee is defined as an individual who receives a W-2 or 1042-S from the University, including full- and part-time faculty, staff, and students.
2 When identifiable, duplicate reports were consolidated into one case number and counted as one report in the summary
data, and confidential employee reporting is noted by case number and as a sub-set to the total number of reports received.
3 For example, reports made by students and all other non-employees (including incidents under 3.5(d)(3)) are excluded
from Appendices A and B. Additionally, if the Title IX Coordinator determined that the type of incident described in a
report, as alleged, does not constitute “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in
the TEC, Section 51.251, the report is excluded from Appendices A and B. It is the responsibility of the Title IX Coordinator
to assess each report received and determine whether it is properly included in this report, and if so, to correctly identify
the type of incident.4 “Not enough information to investigate” indicates reports where the Title IX Coordinator has no way of obtaining additional information to conduct an investigation of the matter.
5 For example, reports made by students and all other non-employees (including incidents under 3.5(d)(3)) are excluded from Appendices A and B. Additionally, if a Title IX Coordinator or Deputy Coordinator determines that the type of incident described in a report, as alleged, does not constitute “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251, the report is excluded from Appendices A and B. It is the responsibility of the Title IX Coordinator to assess each report received and determine whether it is properly included in this report, and if so, to correctly identify the type of incident.
6 “Number of confidential reports” is a sub-set of the total number of reports that were received under Section 51.252, by a confidential employee or office (e.g., Counseling Center).
7 “Disposition” means “final result under the institution’s disciplinary process” as defined in the Texas Higher Education Coordinating Board’s (THECB) rules for TEC, Section 51.259 (See 19 Tex. Admin. Code Section 3.6(e) (2019)); therefore, pending disciplinary processes will not be listed until the final result is rendered.
8 “No Finding of a Policy Violation” in this section refers to instances where there is no finding of responsibility after a hearing or an appeal process; investigations completed with a preponderance of evidence not met are excluded, because it would not have moved forward into a disciplinary process.
9 The institution may have determined “not to initiate a disciplinary process.” The reasons for not initiating a discipline process can include, but are not limited to: case dismissal; insufficient information to investigate; confidential employee reporting (no identifiable information); the respondent’s identity was unknown or not reported; the respondent was not university-affiliated; the complainant requested the institution not investigate the report; informal resolution was completed; investigation is ongoing; or investigation was completed with a preponderance of evidence not met.
10 For example, reports made by students and all other non-employees (including incidents under 3.5(d)(3)) are excluded from Appendices A and B. Additionally, if a Title IX Coordinator or Deputy Coordinator determines that the type of incident described in a report, as alleged, does not constitute “sexual harassment,” “sexual assault,” “dating violence,” or “stalking” as defined in the TEC, Section 51.251, the report is excluded from Appendices A and B. It is the responsibility of the Title IX Coordinator to assess each report received and determine whether it is properly included in this report, and if so, to correctly identify the type of incident.
11 “Number of confidential reports” is a sub-set of the total number of reports that were received under Section 51.252, by a confidential employee or office (e.g., Counseling Center).
12 “Disposition” means “final result under the institution’s disciplinary process” as defined in the Texas Higher Education Coordinating Board’s (THECB) rules for TEC, Section 51.259 (See 19 Tex. Admin. Code Section 3.6(e) (2019)); therefore, pending disciplinary processes will not be listed until the final result is rendered.
13 “No Finding of a Policy Violation” in this section refers to instances where there is no finding of responsibility after a hearing or an appeal process; investigations completed with a preponderance of evidence not met are excluded, because it would not have moved forward into a disciplinary process.
14 The institution may have determined “not to initiate a disciplinary process.” The reasons for not initiating a discipline process can include, but are not limited to: case dismissal; insufficient information to investigate; confidential employee reporting (no identifiable information); the respondent’s identity was unknown or not reported; the respondent was not university-affiliated; the complainant requested the institution not investigate the report; informal resolution was completed; investigation is ongoing; or investigation was completed with a preponderance of evidence not met.