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Code of Student Conduct

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1.1 General Rules and Procedures

Tarleton State University’s primary concern is its students. The university attempts to provide a campus environment that is conducive to academic endeavor and social and individual growth for all students. Tarleton expects all students to obey the law. The university also expects its students to fulfill contractual obligations, to maintain absolute integrity, and to have a high standard of individual honor in academic work.

Students are responsible for obtaining all published materials and updates from the Office of Student Judicial Affairs relating to this Code. Students are responsible for informing their guests of the rules on campus, and may also be held responsible for the actions of their invited guests. Students should understand that they are responsible for the intent of their behavior, as well as the impact of their behavior, in the Tarleton campus community. The Code of Student Conduct is designed to be an educational and developmental opportunity for students.  For those occasions where a student’s behavior may be a violation of law and University Policies, it must be noted the conduct process may occur simultaneously, prior to, or following any criminal employment. In addition, the university may modify the procedures contained herein at any time in order to effectuate justice.

This Code is not a contract, express or implied.  It is subject to change at any time without notice.  Deviations required by challenging circumstances shall not be grounds for reversal of the outcome or rehearing.

Acknowledgments

Tarleton State University would like to acknowledge the following resources used in the revision of Code of Student Conduct:

  • Edward N. Stoner and John Wesley, “Navigating Past the ‘Spirit of Insubordination’: A 21st Century Model Student Code of Conduct with a Model Script,” Journal of College and University Law, 31(1), (2004):1-78
  • Professional resources and guidance from Association of Student Conduct Administrators (ASCA), the Association of Title IX Administrator (ATIXA), and The National Center for Higher Education Risk Management  (NCHERM).
  • The Student Codes of Conduct and related procedures from: Texas A&M University, Harper College, Purdue University, Oklahoma State University, University of Texas, and Texas A&M –Commerce University
2.1 Terminology and definitions used in Code of Student Conduct
  1. ‘Academic dishonesty’ includes, but is not limited to, cheating on an examination or other academic work, plagiarism, unauthorized collusion, and/or the abuse of resource materials.
  2. ‘Accused Student’ means any student accused of violating this Student Code.
  3. ‘Bias(es)’ means that an individual shows a partiality or favoritism towards another individual or group of individuals.
  4. ‘Cheating’ includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the University faculty member in the course syllabus or class discussion.
  5. ‘Complainant’ means any person who submits a charge alleging that a student violated this Student Code.  When a student believes that she/he has been a victim of another student’s misconduct, the student who believes he/she has been a victim will have the same rights under this Student Code as are provided to the Complainant, even if another member of the University community submitted the charge itself.
  6. ‘Drug paraphernalia’ includes anything that could contain drugs or any illegal substance, or anything that could be used for the consumption of drugs or any illegal substance.
  7. ‘Faculty member’ means any person hired by the university to conduct classroom or teaching activities or who is otherwise considered by the university to be a member of its faculty, which includes full time instructors and adjunct instructors.
  8. ‘Individual(s)’ or ‘person(s)’ includes any person who is or is not affiliated with the university.
  9. ‘Office of Student Judicial Affairs’ refers to the specific branch of the Student Affairs Office that deals with violation of Code of Student Conduct and all other applicable rules and procedures that governs currently enrolled student behavior.
  10. ‘Official University functions’ includes any event that the university has sponsored or permitted to take place, whether on or off campus.
  11. ‘Organization’ means any student group that has been deemed an official organization by the university. This includes any athletic or non-athletic extracurricular group.
  12. ‘Plagiarism’ includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment.  It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
  13. ‘Private body parts’ include, but are not limited to, any place on the human body that is generally covered with clothing while in public.
  14. ‘Public official’ means anyone who holds or is invested with a public office; a person elected, appointed, or hired to carry out some portion of a government's sovereign powers.
  15. ‘Sanction’ refers to the punishment or consequence imposed as a result of a finding of responsible.
  16. ‘Student’ includes all persons who have accepted his/her offer of admission, and/or who are taking courses at the university, either full-time or part-time, pursuing undergraduate, or professional studies and who is either currently or was enrolled the previous semester and registered for a future semester. Persons who withdraw after allegedly violating the Student Code of Conduct, or who are not officially enrolled for a particular term, but who have continuing relationship with the university, are considered students. In addition, persons who are living in university residence halls and apartments, although not enrolled in the institution, are also considered students for the purpose of enforcing this Code.
  17. ‘Student Affairs Officer or designee’ refers to any member of the Division of Student Affairs, who has responsibility for an area where misconduct or violations of rules or procedures could occur.
  18. ‘University’ means Tarleton State University and includes all Tarleton campuses.
  19. ‘University community’ includes the community where the university or its facilities are located and/or areas temporarily controlled by the university.
  20. ‘University facilities/premises’ includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the university (including adjacent streets and sidewalks).
  21. ‘University official’ includes any person employed by the university performing assigned administrative or professional responsibilities.
3.1 Authority for Initiation of Disciplinary Action

The primary authority and responsibility for the administration of student discipline is under the direction of the President and the Vice President for Student Affairs, in correlation with the Associate Vice President for Student Affairs and the Assistant Dean of Students. The Office of Student Judicial Affairs may make further delegation of this authority to, but not limited to Residential Living and Learning staff, the Panhellenic Council, Interfraternity Council, or others.

4.1 Jurisdiction of the Tarleton State University Code of Student Conduct

The disciplinary sanctions outlined in Section 7.1 may be applied to any student or student organization that commits or attempts to commit, either singularly or in concert with others, any of the Categories of Misconduct in Section 5.1 on property belonging to or under control of Tarleton State University, or at an activity, function or event sponsored or supervised by Tarleton.  Generally, university jurisdiction and disciplinary action shall be limited to conduct which occurs on university premises, however, conduct or criminal activity which adversely affects the university community and/or the pursuit of its objectives by a student or student organization; whether it takes place on or off campus may cause for disciplinary action by the university. The university may take action as a result of an alleged violation regardless of any action taken by civil authorities. The Code of Student Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The university reserves the right to exercise jurisdiction for off-campus incidents when the conduct demonstrates a flagrant disregard for the safety or welfare of others or to property.

The burden of proof in student conduct cases is “preponderance of evidence,” which means the greater weight of credible evidence presented during the case.  The university has the burden of proof to demonstrate a violation occurred. 

5.1 Categories of Misconduct

Misconduct for which students or organizations are subject to disciplinary action falls into the following categories.  This is not an exhaustive list because it is impossible to make one.  The university reserves the right to respond to any conduct disruptive of university programs or that adversely impacts the university community.

5.2 Acts of Academic Dishonesty includes, but not limited to, the following:

5.2.1 Any act of academic dishonesty. (See Academic Conduct). Academic dishonesty includes, but is not limited to, unauthorized participation in illicit activities, unauthorized use of resources, materials, or technology, and/or collaborating with other individual(s) for an essay, thesis, problem, assignment, or other projects submitted or completed for course credit and to meet other requirements for non-course credit in an academic setting.  This also includes, but is not limited to, the following:

    1. Plagiarism, meaning the appropriation of another’s work and the unacknowledged incorporation of that work in one’s own written work in any academic setting.
    2. Collusion, meaning the unauthorized collaboration with another person in preparing written work in any academic setting.
    3. Abuse of resource materials, meaning the mutilation, destruction, concealment, theft, or alteration of materials provided.
    4. Cheating’ includes, but is not limited to: (1) use of any unauthorized assistance in taking quizzes, tests, or examinations; (2) use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems,
      or carrying out other assignments; (3) the acquisition, without permission, of tests or other academic material belonging to a member of the University faculty member in the course syllabus or class discussion.
5.3 Safety Risk to Campus or Community

5.3.1 Destroying, defacing, damaging, or misuse of university property or property belonging to another; therefore, a violation of this provision.

5.3.2 Attempted or actual theft, robbery, stealing, or knowingly possessing stolen property constitutes being an accessory to theft and is a violation of this provision.

5.3.3 Unauthorized possession, duplication, use of keys on any university premises, or unauthorized entry to or use of university premise.

5.4 Unauthorized or Irresponsible Use of Electronic Equipment

5.4.1 Misuse or abuse of computer equipment, programs, or data including, but not limited to:

    1. Unauthorized use of computing resources or use of computing resources for unauthorized purposes;
    2. Unauthorized transfer of a file.
    3. Accessing or copying programs, records, or data belonging to the university or another user without permission;
    4. Use of computing facilities and resources to interfere with the work of another student, faculty member of Tarleton State University.
    5. Use of computing and resources to send obscene or abusive messages.
    6. Attempting to breach the security of another user’s account or deprive another user of access to the university’s computing resources.
    7. Using the university’s computing resources for personal or financial gain;
    8. Transporting copies of university programs, records, or data to another person or computer site without written authorization.
    9. Use of computing facilities and resources in violation of copyright laws.
    10. Attempting to destroy or modify programs, records, or data belonging to the university or another user.
5.5 Disruptive Behavior in Community includes, but not limited to, the following:

5.5.1 Commission of any criminal offense under federal, state, or municipal law.

5.5.2 Forgery, unauthorized alteration, or misuse of any university documents, forms, records, or instruments of identification.

5.5.3 The possession of ignition, or detonation of any explosive device, fireworks, liquid or object which is flammable or which would cause damage by fire or explosion to persons or property.

5.6 Failure to Comply

5.6.1 Violations of any university rules or procedures. Such rules include residence hall contracts and procedures, rules relating to entry and use of university facilities, university motor vehicle rules, and rules governing student organizations and dining hall conduct.

5.6.2 Failure to present student identification to, identify oneself to, or comply with directions of a university official (including residence life staff) or other public officials acting in the performance of their duties while on university property or at official university functions, or resisting or obstructing such university or other public officials in the performance of or during their attempt to perform their duties, whether on or off campus.

5.6.3 Withholding material information from the university, misrepresenting the truth during a meeting with an university official, and/or making false statements to any university official. The submission of false information at the time of admission or readmission is grounds for rejection of the application, withdrawal of any offer of acceptance, cancellation of enrollment, dismissal, or other appropriate disciplinary action.

5.6.4 Failure to heed an official summons to the office of an administrator within the designated time.

5.6.5 Failure to meet financial obligations to the university or writing checks on accounts with insufficient funds.

5.7 Disruptive Behavior

5.7.1 Engaging in conduct that interferes with or disrupts any university teaching, research, administrative, disciplinary, public service, or other authorized activity or the peace and welfare of any person, whether on or off campus. (This includes participating in an on-campus or off-campus demonstration, riot, or activity that disrupts the normal operations of the university and/or infringes on the right of other members of the university community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building area.).

5.7.2 Obstructing or restraining the passage of any person at an exit or entrance to the university campus or property, or preventing or attempting to prevent by force or violence or by threats thereof, the entrance or exit or any person to or from university property/campus without the authorization of the administration of the university.

5.7.3 The intentional making of a false report of a bomb, fire, and/or other emergency in any building, structure, or facility on university premises or university related premises by means of activating a fire alarm or in any other manner.

5.7.4 Unlawful possession of unregistered, illegal or unauthorized possession and/or reckless use of ammunition, firearms, or other explosives or propellant devices weapons, identified in Federal and State law or regulations. (Additionally, the handgun license holder must comply with Texas statutory law and Tarleton Rule 34.06.02.T1, Carrying Concealed Handguns on Campus at all times.) Student organization(s) that use facsimile guns for special activities must seek approval from the University Chief of Police before the activity can take place because of potential dangers.

5.7.5 Rioting or an activity that disrupts the normal operations of the University and/or infringes on the rights of other members of the University community and presents danger to self or others, cause physical harm to others, or damage to property.

5.7.6 Engaging in a disruptive activity

    1. Engaging in disorderly conduct, which includes physical or verbal abuse and/or injury of another person;
    2. Using threatening, sexually or racially harassing, or obscene;
    3. Making threats or obscene actions;
    4. Interfering with the rights and privileges of others.
5.8  Personal Safety

5.8.1 Physical assault

    1. Acts of violence such as threatening motions and/or physical contact;
    2. Conduct that threatens the health and safety of any person, including, but not limited to attacks using personal weapons (hands, fists, feet, etc.), poisoning, maiming, mayhem, assault with explosives, or assault with disease1.

5.8.2 Harassment

Stalking behavior in which an individual willfully, maliciously, and

    1. Repeatedly engages in a knowing course of conduct directed at a specific person, which reasonably and seriously alarms, torments, and/or terrorizes the person.
    2. Behavior that substantially interferes with the opportunity of other students to obtain an education.

5.8.3      Threatening Behaviors:

    1. Threat. Extreme written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
    2. Intimidation. Intimidation defined as implied threats or acts that cause a reasonable fear of harm in another.

5.8.4. Bullying. Defined as the use of repeated or severe verbal and/or non-verbal means in order to coerce or force a person to do something or to degrade a person, including, but not limited to, the use of taunting, teasing, or coercive language, pushing, punching, or creating threatening notes/letters/signs.

5.8.5 Cyberbullying. Defined as an act of bullying that takes place using different kinds of technology and social media. Using various types of electronic devices to inflict emotional and/or mental pain, and to degrade another person.

5.8.6 Hazing. Defined as an act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. Participation or cooperation by the person(s) being hazed does not excuse the violation. Failing to intervene to prevent (and/or) failing to discourage (and/or) failing to report those acts may also violate this policy. (See Hazing Policy in the Student Rules, and Tex. Sec. 37.151)

5.8.7 Sexual misconduct (Section Sexual Misconduct Offenses 8.1)

5.8.7.1  Intimate Partner/Relationship Violence. Violence or abuse by a person in an intimate relationship with another.

    1. A boyfriend shoves his girlfriend into a wall upon seeing her talking to a male friend. This physical assault based in jealousy is a violation of the Intimate Partner Violence policy.
    2. An ex-girlfriend shames her female partner, threatening to out her as a lesbian if she doesn’t give the ex another chance. Psychological abuse is a form of Intimate Partner Violence.
    3. A graduate student refuses to wear a condom and forces his girlfriend to take hormonal birth control though it makes her ill, in order to prevent pregnancy.
    4. Married employees are witnessed in the parking garage, with one partner slapping and scratching the other in the midst of an argument.

5.8.7.2  Stalking. Stalking is a course of conduct directed at a specific person that is unwelcome, as a result of an actual or perceived membership in a protected class, that would cause a reasonable person to feel fear, repetitive and menacing, and/or interfering with the peace and/or safety of another.

5.8.7.3  Sexual Misconduct. Includes, but is not limited to, sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, and/or sexual exploitation.

5.8.7.4  Public Exposure. Includes deliberately and publicly exposing one’s intimate body parts, public urination, defecation, and public sex acts.

5.8.8 Sexual Harassment: Sexual harassment is a form of sex discrimination. Any act of sexual harassment as defined in System Regulation 08.01.01, Civil Rights Compliance and Section Sexual Misconduct Offenses 8.1. Unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when this conduct is so frequent or severe that it explicitly or implicitly affects an individual’s employment, unreasonably interferes with an individual’s work or educational performance, or creates an intimidating, hostile, or offensive work environment.

Submission to such conduct is made either explicitly or implicitly as a term or condition of instruction, employment, or participation in other university activity;

Submission to or rejection of such conduct by an individual is used as a basis for evaluation in making academic or personnel decisions affecting an individual;

Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive university environment

5.8.9 Retaliation. Retaliation exists when an individual harasses, intimidates or takes other adverse action(s) against a person because of the person’s participation in an investigation of discrimination or sexual misconduct or their support of someone involved in an investigation of discrimination or sexual misconduct. Retaliatory actions include, but are not limited to, threats or actual violence against the person or their property, adverse educational or employment consequences, ridicule, intimidation, bullying, or ostracism. The University will impose sanctions on any faculty, student or staff member found to be engaging in retaliation (subject to limitation imposed by the 1st Amendment and/or Academic Freedom).

5.9 Illegal Substance Abuse

5.9.1 Manufacture, distribution, dispensing, possession, use, or sale of alcohol, which is unlawful or otherwise prohibited by, or not in compliance with campus rules/procedures.

5.9.2 Unlawful manufacture, distribution, dispensing, possession, use, sale of controlled substances, identified in Federal and State law or regulations. Any paraphernalia associated with the use and/or possession of a drug, narcotic, or controlled substance is prohibited. (See Alcohol and Controlled Substances in Student Handbook)

5.10 Abuse of the Student Conduct System
  1. Failure to obey the notice from a Student Affairs Officer or designee to appear for a meeting or meeting as part of the Student Conduct System.
  2. Falsification, distortion, or misrepresentation of information before a Student Affairs Officer or designee.
  3. Disruption or interference with the orderly conduct of a student conduct proceeding.
  4. Attempting to discourage an individual’s proper participating in, or use of, the student conduct system.
  5. Attempting to influence the impartiality of a Student Affairs Officer or designee prior to, and/or during the course of, the student conduct meeting.
  6. Harassment (verbal or physical) and/or intimidation of a Student Affairs Officer or designee prior to, during, and/or following a student conduct code proceeding.
  7. Knowingly violating the terms of any disciplinary sanction imposed in accordance with university rules or procedures.
  8. Influencing or attempting to influence another person to commit an abuse of the student conduct code system.

5.10.1 Attempting, aiding, abetting, conspiring, hiring, or being an accessory to any act prohibited by this code shall be considered to the same extent as completed violations.

5.10.2 Violation of the Law and Tarleton State University Disciplinary Procedures

6.1 Disciplinary Procedures
6.2 General Procedural Provisions

The Student Affairs Officer or designee shall investigate and gather evidence about reported student or organizational misconduct and shall evaluate the accuracy, credibility, and sufficiency of this evidence. The university uses the “preponderance of the evidence” or the “more likely than not” standard for disciplinary decision-making. The Office of Student Judicial Affairs shall ensure that the requirements of due process are fulfilled. An administrative meeting will be scheduled as soon thereafter as practical.

6.2.1 Any member of the Tarleton State University community may file charges against a student for violations of the Student Code of Conduct.  A charge shall be prepared in writing and directed to the Student Affairs Officer, designee or administrator.  Any charge should be submitted as soon as possible after the event takes place, preferably within 48 hours or two business days.

6.2.2 When a complaint is filed, the student or organization named in the complaint will be asked to appear before a designated Student Affairs Officer, who will conduct an investigative meeting to discuss the alleged violation(s) and possible sanction(s).

6.2.3 In any disciplinary proceeding, the student or organization has the right to:

    1. Be apprised of the rule(s) allegedly violated and the alleged act(s) committed;
    2. Know the source of complaints;
    3. Know the specific violation;
    4. Know of the sanctions that may be imposed if a violation is substantiated;
    5. Be provided a list of witnesses, testimonies, and any other documents relevant to the case upon request prior to the formal meeting;
    6. Be accompanied by an advisor at any discipline meeting for advisory purposes only. A student may consult with their advisor, but the advisor may not actively participate in any student conduct meeting, unless it is Sexual Misconduct (See Sexual Misconduct Offenses 8.1) which includes serving as a witness. The advisor is not allowed to attend a conduct meeting without the student, they are supporting being present. If the advisor is asked to leave because of behavior, the student will have the option of continuing with the meeting, or rescheduling with 48hours two school days.
    7. Know that any statement(s) made by the accused students or organizations can be used against the accused.

6.2.4 If as a result of the investigation, the Student Affairs Officer or designee determines that university disciplinary procedures are warranted, the student or organization will be notified, in writing by student email to their “go.tarleton” accounts of the specific complaint(s) being made against the student or organization and the disciplinary procedures available for conducting a meeting on the complaint(s). If the Student Affairs Officer or designee is unable to contact the student or organization’s representative, in person, within five (5) university working days of the specific complaint(s), a hold will be place on the student’s record, and will remain until the students meets with the Student Affairs Officer or designee.

6.2.5 After the student or organization has been advised of the alleged violation or complaint(s), notification will sent to the student or organization requiring them make an appointment with a Student Affairs Officer or designee. The Student Affairs Officer or designee, after fair and objective assessment, may impose any disciplinary sanction defined in Section 9.1. It shall be the responsibility of the Student Affairs Officer or designee to inform the student or organization of the right to appeal any sanction in Section 9.1 (9.5 (b) through (9.8) and the procedures for doing so. The student or organization will be provided a written statement of complaint or alleged violation against them and the procedures for appealing. Following disposition of the meeting, a written summary will be retained.

6.2.6 Cases in which the Student Affairs Officer or designee is satisfied that a reasonable effort was made to notify the accused student or organization of the complaint or alleged violation and of the time and place of the meeting, the university may conduct a disciplinary meeting at which the accused student or organization is not present. The Student Affairs Officer or designee will hear the evidence, weigh the facts, and render an appropriate judgment.

6.2.7 If a violation of law, which also is a violation of this Student Code is alleged, proceedings under this Student Code may go forward against an accused student who has been subjected to criminal prosecution only if the University determines that its interest is clearly distinct from that of the community outside the University. 

6.2.8 When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student.  If the alleged offense is also being processed under the Student Code, the University may advise off-campus authorities of the existence of the Student Code and of how such matters are typically handled within the University community.  The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus, and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions).  Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

6.2.9 In Student Affairs Officer or designee meetings involving more than one Accused Student, the Student Conduct administrator, in his or her discretion, may permit the meetings concerning each student to be conducted either separately or jointly.

6.2.10 The Complainant and the Accused Student have the right to be assisted by an advisor they choose. The advisor must be a member of the University community and may not be an attorney, unless criminal charges are actually currently pending for the same conduct or the charge is sexual misconduct (See Sexual Misconduct Offenses 8.1). The Complainant and/or Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly in any meeting.  A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the meeting because delays will not normally be allowed due to the scheduling conflicts of an advisor.

6.2.11 If an Accused Student, with notice, does not appear before the Student Affairs Officer or designee in the conduct meeting, the information in support of the charges shall be presented and considered even if the Accused Student is not present.

6.2.12 The Student Affairs Officer or designee may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Complainant, Accused Student, and/or other witness during the hearing by providing separate facilities, by using a visual screen, and/or permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, where and as determined in the sole judgment of Student Affairs Officer, designee or administrator.

6.3 Interim Suspension

The Vice President for Student Affairs or designee may take immediate interim disciplinary action when he or she believes that the presence of a student on campus poses a continuing danger to persons or property or presents a threat of disrupting the academic process. The interim suspension will be effective immediately without prior notice whenever it reasonably appears the continued presence of the student at the university poses a substantial and immediate threat to him or herself, to others, to the stability and continuance of normal university functions, or public community. Interim suspension excludes students from university premises and other privileges or activities given to student in good standing with the university. A student suspended on an interim basis will be given a prompt opportunity to appear personally before a Student Affairs Officer or designee in order to discuss the following issues only:

  1. The reliability of the information provided concerning the student’s behavior including the matter of identity, if there is a question;
  2. Whether the conduct and surrounding circumstances reasonably indicate that the continued presence of the student on university premises poses a substantial and immediate threat to him or herself, to others, to the stability and continuance of normal university functions, or the public community.
7.1. Medical Amnesty. Medical Amnesty for Alcohol Emergencies:

7.1.1 Tarleton State University encourages all students to be active bystanders whenever an emergency arises. This means taking responsible action by noticing the situation, providing assistance, and activating appropriate help. This also means working to prevent emergencies by choosing to conduct yourself responsibly and encouraging your fellow students to do the same. Emergencies include but are not limited to:

    1. Alcohol overdose or adverse reactions
    2. Alcohol-related sexual assault or violence
    3. Alcohol-related injuries

7.1.2 Alcohol poisoning is a serious and life threatening medical emergency that results from drinking a harmful amount of alcohol. Both students who choose to drink and those who choose not to drink may encounter alcohol emergencies during their time at Tarleton.

Signs and symptoms of alcohol poisoning may include:

M.U.S.T. H.E.L.P.

  • Mental Confusion
  • Unresponsive
  • Snoring/Gasping for Air
  • Throwing Up
  • Hypothermia
  • Erratic Breathing
  • Loss of Consciousness
  • Paleness/Blueness of skin

7.1.3 Appropriate Action expected but not limited to:

    1. Call 911 on campus or off campus (even if you’re not sure).
    2. Stay with the person and cooperate with all emergency personnel.
What to expect:
  1. Students will be referred to Office of Student Judicial Affairs to be evaluated for amnesty.
  2. Students eligible for amnesty, who decline or fail to complete a related alcohol education program, will become subject to formal disciplinary action. Educational sanctions may include AOD assessment, treatment, and educational components.

7.1.4 This policy, in congruence with the state amnesty policy Texas 911 Lifeline Law (S.B.  1331), provides amnesty for minor conduct offenses in order to encourage students to seek help during alcohol related emergencies. The Medical Amnesty provides protection against formal disciplinary action by the University, whereas, the state law provides protection against legal action.  

Amnesty applies to the following conduct charges:
  1. Possession of alcohol by a minor
  2. Unauthorized possession or use of alcohol by a minor
  3. Consumption of alcohol by a minor
  4. Intoxication as a result of using alcohol
  5. Amnesty does not apply to more serious offenses (e.g., hazing, physical or sexual assaults, harassment, vandalism, providing alcohol to minors, fake-ID’s
  6. Amnesty may not be provided in the case of repeated incidents
Who is it for? 

Amnesty may be granted to the student(s) calling for help, as well as to the student experiencing the alcohol emergency.

  1. For those in need of assistance
  2. For those that offer assistance

Not for student organizations and groups affiliated with events, such as parties, at which an incidence occurs.      

7.1.5 There are limitations to this program and amnesty is not automatic. Whether or not you receive amnesty is under the discretion of the Office of Student Judicial Affairs. If abuse of the medical amnesty policy is suspected you may be subject to judicial sanctions. 

Medical Amnesty Policy
7.2 For Those In Need of Assistance:

Tarleton provides amnesty to students who may be hesitant to report to University officials because they fear that they themselves may be accused of minor policy violations, such as underage drinking at the time of the incident. Educational options will be explored, but no conduct proceedings or conduct record will result.

7.3 For Those Who Offer Assistance:

To encourage students to offer help and assistance to others, Tarleton pursues a policy of amnesty for minor violations when students offer help to others in need. At the discretion of the Student Affairs Conduct Officer or designee, amnesty may also be extended on a case-by-case basis to the person receiving assistance. Educational options will be explored, but no conduct proceedings or conduct record will result.

Abuse of amnesty requests can result in a decision by the Student Affairs Conduct Officer not to extend amnesty to the same person repeatedly.

8.1 Sexual Misconduct Offenses

Any other University policies may fall within this section when a violation is motivated by the actual or perceived membership of the reporting party’s sex or gender.

8.2 Sexual Harassment

Sexual harassment is unwelcome conduct of a sexual nature. It can be sex-based and/or gender-based verbal, written, online and/or physical conduct. Anyone experiencing sexual harassment in any University program is encouraged to report it immediately to the Title IX Coordinator or a deputy. Remedies, education and/or training will be provided in response. Sexual harassment may be disciplined when it takes the form of quid pro quo harassment, retaliatory harassment and/or creates a hostile environment.

The decision-making body reserves the right to broaden or lessen any range of recommended sanctions in the case of serious mitigating circumstances or egregiously offensive behavior. Neither the initial hearing officers nor any appeals body or officer will deviate from the range of recommended sanctions unless compelling justification exists to do so.

8.2.1 A hostile environment is created when sexual harassment is:

  1. sufficiently severe, or
  2. persistent or pervasive, and
  3. objectively offensive that it:
  4. unreasonably interferes with, denies or limits someone’s ability to participate in or benefit from the university’s educational [and/or employment], social and/or residential program.

8.2.2 Quid Pro Quo Harassment is:

  1. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature
  2. By a person having power or authority over another constitutes sexual harassment when
  3. Submission to such sexual conduct is made either explicitly or implicitly a term or condition of rating or evaluating an individual’s educational [or employment] progress, development, or performance.
  4. This includes when submission to such conduct would be a condition for access to receiving the benefits of any educational [or employment] program.

8.2.3 Examples include: an attempt to coerce an unwilling person into a sexual relationship; to repeatedly subject a person to egregious, unwelcome sexual attention; to punish a refusal to comply with a sexual based request; to condition a benefit on submitting to sexual advances; sexual violence; intimate partner violence, stalking; gender-based bullying.

Some examples of possible Sexual Harassment include:

  1. A professor insists that a student have sex with him/her in exchange for a good grade. This is harassment regardless of whether the student accedes to the request.
  2. A student repeatedly sends sexually oriented jokes around on an email list s/he created, even when asked to stop, causing one recipient to avoid the sender on campus and in the residence hall in which they both live.
  3. Explicit sexual pictures are displayed in a professor’s office or on the exterior of a residence hall door.
  4. Two supervisors frequently ‘rate’ several employees’ bodies and sex appeal, commenting suggestively about their clothing and appearance.
  5. A professor engages students in her class in discussions about their past sexual experiences, yet the conversation is not in any way germane to the subject matter of the class. She probes for explicit details, and demands that students answer her, though they are clearly uncomfortable and hesitant.
  6. An ex-girlfriend widely spreads false stories about her sex life with her former boyfriend to the clear discomfort of the boyfriend, turning him into a social pariah on campus.
  7. Male students take to calling a particular brunette student “Monica” because of her resemblance to Monica Lewinsky. Soon, everyone adopts this nickname for her, and she is the target of relentless remarks about cigars, the president, “sexual relations” and Weight Watchers.
  8. A student grabbed another student by the hair, then grabbed her breast and put his mouth on it. While this is sexual harassment, it is also a form of sexual violence.

8.3. Non-Consensual Sexual Contact is:

  1. any intentional sexual touching,
  2. however slight,
  3. with any object,
  4. by a person upon another person,
  5. that is without consent and/or by force

8.3.1. Sexual Contact includes:

  1. Intentional contact with the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; or
  2. Any other intentional bodily contact in a sexual manner.
8.4 Non-Consensual Sexual Intercourse

8.4.1 Non-Consensual Sexual Intercourse is:

  1. any sexual intercourse
  2. however slight,
  3. with any object,
  4. by a person upon another person,
  5. that is without consent and/or by force.

8.4.2. Intercourse includes:

  1. vaginal or anal penetration by a penis, object, tongue or finger,  
  2. and oral copulation (mouth to genital contact), no matter how
  3. slight the penetration or contact.
8.5 Sexual Exploitation

Sexual Exploitation occurs when one person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

  1. Invasion of sexual privacy;
  2. Prostituting another person;
  3. Non-consensual digital, video or audio recording of nudity or sexual activity;
  4. Unauthorized sharing or distribution of digital, video or audio recording of nudity or sexual activity;
  5. Engaging in voyeurism;
  6. Going beyond the boundaries of consent (such as letting your friend hide in the closet to watch you having consensual sex);
  7. Knowingly exposing someone to or transmitting an STI, STD or HIV to another person;
  8. Intentionally or recklessly exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals;
  9. Sexually-based stalking and/or bullying may also be forms of sexual exploitation

8.5.1 Additional Applicable Definitions:

a.) Consent is:

  1. Consent is clear, knowing, voluntary (or affirmative, conscious and voluntary), words or actions that give permission for specific sexual activity.
  2. Consent is active, not passive.
  3. Silence, in and of itself, cannot be interpreted as consent.
  4. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity.
  5. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
  6. Previous relationships or prior consent cannot imply consent to future sexual acts.
  7. Consent can be withdrawn once given, as long as that withdrawal is clearly communicated.
  8. In order to give consent, one must be of legal age.
  9. Sexual activity with someone you know to be or should know to be incapacitated constitutes a violation of this policy.

i.   Incapacitation can occur mentally or physically, from developmental disability, by alcohol or other drug use, or blackout.

ii.  The question of what the responding party should have known is objectively based on what a reasonable person in the place of the responding party, sober and exercising good judgment, would have known about the condition of the reporting party.

iii. Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why or how” of their sexual interaction).

iv. This policy also covers a person whose incapacity results from mental disability, sleep, unconsciousness, involuntary physical restraint, or from the taking of rape drugs. [Possession, use and/or distribution of any of these substances, including Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student is a violation of this policy.]

b.) Force: Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes free will or resistance or that produces consent (“Have sex with me or I’ll hit you. Okay, don’t hit me, I’ll do what you want.”).

  1. Coercion is unreasonable pressure for sexual activity. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
  2. NOTE: There is no requirement for a party to resist the sexual advance or request, but resistance is a clear demonstration of non-consent. The presence of force is not demonstrated by the absence of resistance. Sexual activity that is forced is by definition non-consensual, but non-consensual sexual activity is not by definition forced.

c.) Use of alcohol or other drugs will never function to excuse any behavior that violates this policy.

d.) This policy is applicable regardless of the sexual orientation and/or gender identity of individuals engaging in sexual activity.

e.) For reference to the pertinent state statutes on sex offenses, please see [insert reference here, or place in Appendix].

8.6 Examples as recommended by the Federal Office of Civil Rights

a.) Amanda and Bill meet at a party. They spend the evening dancing and getting to know each other. Bill convinces Amanda to come up to his room. From 11:00pm until 3:00am, Bill uses every line he can think of to convince Amanda to have sex with him, but she adamantly refuses. He keeps at her, and begins to question her religious convictions, and accuses her of being “a prude.” Finally, it seems to Bill that her resolve is weakening, and he convinces her to give him a "hand job" (hand to genital contact). Amanda would never had done it but for Bill's incessant advances. He feels that he successfully seduced her, and that she wanted to do it all along, but was playing shy and hard to get. Why else would she have come up to his room alone after the party? If she really didn't want it, she could have left. Bill is responsible for violating the university Non-Consensual Sexual Contact policy. It is likely that campus decision-makers would find that the degree and duration of the pressure Bill applied to Amanda are unreasonable. Bill coerced Amanda into performing unwanted sexual touching upon him. Where sexual activity is coerced, it is forced. Consent is not valid when forced. Sex without consent is sexual misconduct.

b.) Jiang is a junior at the university. Beth is a sophomore. Jiang comes to Beth’s residence hall room with some mutual friends to watch a movie. Jiang and Beth, who have never met before, are attracted to each other. After the movie, everyone leaves, and Jiang and Beth are alone. They hit it off, and are soon becoming more intimate. They start to make out. Jiang verbally expresses his desire to have sex with Beth. Beth, who was abused by a baby-sitter when she was five, and has not had any sexual relations since, is shocked at how quickly things are progressing. As Jiang takes her by the wrist over to the bed, lays her down, undresses her, and begins to have intercourse with her, Beth has a severe flashback to her childhood trauma. She wants to tell Jiang to stop, but cannot. Beth is stiff and unresponsive during the intercourse. Is this a policy violation?  Jiang would be held responsible in this scenario for Non Consensual Sexual Intercourse. It is the duty of the sexual initiator, Jiang, to make sure that he has mutually understandable consent to engage in sex. Though consent need not be verbal, it is the clearest form of consent. Here, Jiang had no verbal or non-verbal mutually understandable indication from Beth that she consented to sexual intercourse. Of course, wherever possible, it is important to be as clear as possible as to whether or not sexual contact is desired, and to be aware that for psychological reasons, or because of alcohol or drug use, one’s partner may not be in a position to provide as clear an indication as the policy requires. As the policy makes clear, consent must be actively, not passively, given.

c.) Kevin and John are at a party. Kevin is not sure how much John has been drinking, but he is pretty sure it’s a lot. After the party, he walks John to his room, and John comes on to Kevin, initiating sexual activity. Kevin asks him if he is really up to this, and John says yes. Clothes go flying, and they end up in John’s bed. Suddenly, John runs for the bathroom. When he returns, his face is pale, and Kevin thinks he may have thrown up. John gets back into bed, and they begin to have sexual intercourse. Kevin is having a good time, though he can’t help but notice that John seems pretty groggy and passive, and he thinks John may have even passed out briefly during the sex, but he does not let that stop him. When Kevin runs into John the next day, he thanks him for the wild night. John remembers nothing, and decides to make a report to the Dean.  This is a violation of the Non-Consensual Sexual Intercourse Policy. Kevin should have known that John was incapable of making a rational, reasonable decision about sex. Even if John seemed to consent, Kevin was well aware that John had consumed a large amount of alcohol, and Kevin thought John was physically ill, and that he passed out during sex. Kevin should be held accountable for taking advantage of John in his condition. This is not the level of respectful conduct the university expects.

8.9 Model Confidentiality, Privacy and Reporting Policy. Confidentiality and Reporting of Offenses under this policy.

All university employees (faculty, staff, and administrators) are expected to immediately report actual or suspected discrimination or harassment to appropriate officials, though there are some limited exceptions. In order to make informed choices, it is important to be aware of confidentiality and mandatory reporting requirements when consulting campus resources. On campus, some resources may maintain confidentiality – meaning they are not required to report actual or suspected discrimination or harassment to appropriate university officials - thereby offering options and advice without any obligation to inform an outside agency or individual unless a victim has requested information to be shared. Other resources exist for a victim to report crimes and policy violations and these resources will take action when an incident is reported to them. The following describes the two reporting options at university:

8.9.1 Confidential Reporting                                

1. If the reporting would like the details of an incident to be kept confidential, the reporting party may speak with:

  • On-campus licensed professional and/or health service providers
  • Off-campus licensed professional counselors, local rape crisis counselors, domestic violence resources, local or state assistance agencies, and/or Clergy/Chaplain

2. All of the above employees will maintain confidentiality except in extreme cases of immediate threat or danger, or abuse of a minor. Campus counselors [and/or the Employee Assistance Program] are available to help free of charge and can be seen on an emergency basis during normal business hours. These employees will submit timely, anonymous, aggregate statistical information for Clery Act purposes unless they believe it would be harmful to a specific client, patient or parishioner.

8.9.2      Formal Reporting Options

  1. All university employees have a duty to report, unless they fall under the “Confidential Reporting” section above. Reporting parties may want to consider carefully whether they share personally identifiable details with non-confidential employees, as those details must be shared by the employee with the Title IX Coordinator and/or Deputy Coordinators. Employees must share all details of the reports they receive. Generally, climate surveys, classroom writing assignments, human subjects research, or events such as “Take Back the Night” marches or speak-outs do not provide notice that must be reported to the Coordinator by employees. Remedial actions may result without formal university action.
  2. If a victim does not wish for their name to be shared, does not wish for an investigation to take place, or does not want a formal resolution to be pursued, the victim may make such a request to the Title IX Coordinator or Deputy Coordinators, who will evaluate that request in light of the duty to ensure the safety of the campus and comply with federal law. In cases indicating pattern, predation, threat, weapons and/or violence, the University will likely be unable to honor a request for confidentiality. In cases where the victim requests confidentiality and the circumstances allow the University to honor that request, the University will offer interim supports and remedies to the victim and the community, but will not otherwise pursue formal action. A reporting party has the right, and can expect, to have reports taken seriously by the University when formally reported, and to have those incidents investigated and properly resolved through these procedures.
  3. Formal reporting still affords privacy to the reporter, and only a small group of officials who need to know will be told, including but not limited to: Title IX Investigators, Division of Student Affairs, Risk Management and Compliance Office, University Police, and the CARE Team. Information will be shared as necessary with investigators, witnesses and the responding party. The circle of people with this knowledge will be kept as tight as possible to preserve a reporting party’s rights and privacy.
  4. Reports to the Title IX Coordinator can be made via email, phone or in person at the contact information below:
  • Title IX Coordinator
  • Risk Management and Compliance Office, Admin Annex 1, Room 106
  • Phone (25) 968-9754
  • Email Address: dkeith@tarleton.edu

Failure of a non-confidential employee, as described in this section, to report an incident or incidents of sex or gender harassment or discrimination of which they become aware, is a violation of university policy and can be subject to disciplinary action for failure to comply with university policies.

9.1 Disciplinary Sanctions

9.2 One or more of the following disciplinary sanctions may be imposed by the university upon individuals, groups or organizations, for any single violation. Sanctions for violations of institutional rules and procedures may be administered regardless of whether actions of the student are also civil or criminal violations. Whenever disciplinary action leads to the student leaving the university, grades will be assigned in accordance with the university grade policy and the academic calendar.

9.2 Reprimand: A reprimand is an oral or written notice to the student or organization that the conduct in question violates university regulations. A reprimand becomes part of a student’s or organization’s disciplinary record in the Office of Student Judicial Affairs. For organizations, a reprimand may include notification to the organization’s president or advisor and to the chapter’s national headquarters.

9.3 Loss of Privileges: Under some circumstances of misconduct, the university may deem it appropriate to take away certain privileges. Sanctions such as prohibiting pledging, membership or holding leadership roles; denial of participation in events on the social calendar; denial of participation in any official athletic or non-athletic extracurricular activity, including practices; withholding of official transcripts or degree; blocking from enrollment for a specified period of time; recommendation of failing, reduction, or changing a grade on a test, course assignment, course or other academic work; cancellation of the housing contract or removal from the residence hall system; or loss of money-related privileges may be imposed.

9.4 Imposition of Certain Tasks: The student may be required to perform certain tasks, such as making restitution, whether monetary or by specific duties; performing community service hours; attending counseling sessions; performing additional academic work not required of other students in a specific course; moving to another residence hall or moving rooms within the same hall; complying with a behavioral contract; educational requirements may include, but are not limited to, completion of an alcohol or drug education seminar, a diversity awareness seminar, essays, reports, etc, or paying of special fees, fines, or service charges.

9.5 Probation: Probation is levied for a specified time, the duration of which will be determined by the seriousness of the circumstances of the case. Probation carries with it a warning that any further violation of university regulations may result in more serious consequences, including suspension or expulsion. The two types of probation are:

  1. Conduct Probation - a sanction that will be removed from the student’s confidential record in the Office of Student Judicial Affairs at the end of the period of probation.
  2. Disciplinary Probation - a sanction that remains a permanent part of the student’s confidential record.

9.6 Suspension: Suspension is the separation of the student from the university for a definite period of time or until written specified conditions are met. The student is not guaranteed readmission at the end of such period of time, but he/she is guaranteed a review of the case and a decision regarding eligibility for readmission. When a student or organization is suspended, the suspension shall be for a stated period or until specified conditions are met. In no case shall suspension be for less than the remainder of the semester in which the offense is committed.

  1. A student or organization that has had a registration hold placed on their readmission must request readmission clearance from the Office of Student Judicial Affairs at least three (3) weeks prior to the first day of classes of the semester or summer session in which they wish to reregister. The student or organization may be required to submit evidence supporting their ability to function properly in a university environment. If approval is granted by the Student Affairs Officer or designee for the removal of the registration hold, the student or organization must complete the regular readmission procedures by the appropriate office.
  2. The Student Affairs Officer or designee may deny a student’s or organization’s request for readmission if, in the Officer’s judgment, there is sufficient evidence to indicate that the student’s or organization’s conduct during suspension would have warranted disciplinary action, or if the student or organization has failed to satisfy any special conditions that may have been imposed prior to readmission.  Upon denial of a student’s or organization’s application for readmission, the Student Affairs Officer shall set a new date at which another application for readmission may be made.

9.7 Expulsion: Expulsion is the separation of the student from the university whereby the student is not eligible for readmission to this university.

9.8 Revocation of Degrees:  If it is discovered that academic misconduct occurred while the individual was enrolled as a student, a revocation of degree(s) may result if circumstances demonstrate the student did not complete the academic requirements to obtain a degree.  For example, if a student is found responsible for cheating and is assigned an “F” in a course that reduces hours completed from 120 to 117, and 120 hours are required for the degree, his degree would be revoked.

10.1 Recording of Sanctions

The sanctions provided in Sections (9.5b), (9.6), (9.7) and (9.8) shall be noted on the student’s transcript. In cases of disciplinary suspension, notification will remain during the period of suspension.

Upon the satisfactory completion of the suspension period or conditions, and at the request of the student, the notation of suspension shall be removed from the transcript. Notification of the student’s suspension shall indicate the date on which the suspension begins and the earliest date at which application may be made for readmission or re-registration. Any record of sanctions not noted on the transcript shall be expunged no later than five (5) years after the sanction is assessed.

10.2 Disciplinary Appeals Procedures

Any student or organization has a limited right to appeal the final decision of the Student Affairs Officer or designee after the adjudication of the case (See 10.1 below). In all cases where the Student Affairs Officer or designee has conducted an administrative meeting and rendered a decision, the burden of proof in an appeal should be with the student. The standard is “preponderance of evidence,” as defined in Section 4.1.

A student or organization that wishes to appeal their case through the due process procedure should request an appeal meeting in writing through the Vice President for Student Affairs. The appeal meeting is not intended to afford a new meeting of the case, but merely to review the record of the case and the procedures followed in its adjudication. The appeal meeting may be denied, granted in whole or part, or other relief may be directed where appropriate. In the event that new evidence is not available at the time of the administrative meeting, the case will be referred back to the original Officer. The request for an appeal meeting shall be submitted in writing to the Vice President for Student Affairs within forty-eight (48) hours after a disciplinary decision has been rendered. The written request for an appeal meeting shall state the following:

  1. Name of student or organization, address of student or organization, telephone number, and student’s ID number;
  2. Date of disciplinary action against the student or organization, and by who disciplined;
  3. Nature of disciplinary action;
  4. Circumstances which merit review;
  5. Signature of student.
10.3 Grounds for Appeal:

A written brief stating ground(s) for appealing concerning the case should be presented by the student appellant within the designated time frame. The scope of the review shall be limited to only the following:

10.3.1 Procedural error(s);

10.3.2 Insufficient evidence to support the finding(s);

10.3.3 Sanction(s) inconsistent with the findings;

10.3.4 Misinterpretation of university rules and procedures by the Student Affairs Officer or designee.

10.4 Timely written notice of the appeal suspends the imposition of sanction(s) until the appeal is finally decided.

10.5 The Vice President for Student Affairs, within five (5) university working days, will forward the written appeal and any documents or written evidence submitted at the meeting to the University Discipline Appeals Committee chair. On written request made to the Office of Student Judicial Affairs, a student or organization may request copies of evidence used to adjudicate the case. Two (2) university working days must be allowed to provide these copies.

10.6 The chair of the University Discipline Appeals Committee, upon receipt of the request for review from the student or organization, shall set the date, time, and place for the committee review and shall notify the student or organization of the same in writing. This shall be done within five (5) university working days after the receipt of the student or organization’s request. The University Discipline Appeals Committee shall meet within five (5) university working days after the student or organization is notified unless the time is extended for “good cause” as determined by the Vice President for Student Affairs. If the student or organization fails to appear for their appeal, they forfeit their right of appeal. Extenuating circumstances may cause the university to deviate from the defined time frames.

10.7 The University Discipline Appeals Committee

This is an administrative committee appointed by the President of the university. It is composed of three (3) faculty members, two (2) staff members and two (2) students. The Vice President for Student Affairs shall serve as an ex-officio member to the committee.

10.7.1 Responsibility of the University Discipline Appeals Committee

10.7.1.1 The University Discipline Appeals Committee shall review the case, the written appeal of the student or organization, or the circumstances surrounding denial of the readmission under Section 9.1.

10.7.1.2 The University Discipline Appeals Committee may take one of the following actions:

  1. It may find no substantive procedural error and affirm thedecision or assess a lesser sanction.
  2. It may find that the evidence submitted was not substantial enough to establish that an offense, as charged, was committed and may dismiss the case.
  3. It may find errors sufficient to require another meeting with the Student Affairs Officer or designee. In this case, the matter will again be referred to the Office of the Vice President for Student Affairs for a new meeting, following the disciplinary procedures outlined in this code.  
  4. In cases involving denial of readmission under Section 9.1 of this code, the University Discipline Appeals Committee may affirm the decision to deny admission of a student or organization, or recommend that the student or organization be readmitted to the university.
10.8 General Rules

10.8.1 The aggrieved student or organization shall have the right to present witnesses and documentary evidence that may be pertinent to the limited grounds for appeal, and to question witnesses offered by other parties. An advisor, who may be an attorney, may accompany the student or organization, but the advisor is not allowed to make statements or question witnesses. The university reserves the right to counsel in the event it is deemed necessary by the administration. The five (5) working days meeting date may be extended if the university has to retain counsel.

10.8.2 At least 48 hours before the meeting, the student or organization shall provide the Vice President for Student Affairs a list of witnesses known by the student or organization who are expected to testify in their behalf. The name of the student or organization’s advisor should be also submitted if the advisor is to be present at the meeting.

10.8.3 Upon the request of the party or parties, the University Discipline Appeals Committee shall record the testimony presented at the meeting.  A copy of the recording may be obtained from the chair at the expense of the requesting party.

10.8.4 During the meeting, only members of the University Discipline Appeals Committee, the Student Affairs Officer or designee, the student or organization advisors, and the testifying witness may be present in the meeting room. No witnesses, after testifying, may remain in the meeting room. All persons present at the meeting shall treat the matters discussed therein with confidence.

10.8.5 The meeting shall proceed in the following order unless the University Discipline Appeals Committee should otherwise direct (for good cause).

  1. The university shall be permitted to make an opening statement.
  2. The aggrieved student or organization may make an opening statement.
  3. The university shall introduce its evidence and witnesses, if any. The student or organization, well as members of the committee, shall have the right to question witnesses.
  4. The aggrieved student or organization shall introduce their evidence and witnesses, if any. The student or organization, the university, as well as members of the committee, shall have the right to question witnesses.
  5. The university or aggrieved student or organization shall then be confined to rebutting testimony on each side.
  6. The university shall be permitted to make a closing statement.
  7. The aggrieved student or organization shall be permitted to make a closing statement.
  8. The University Discipline Appeals Committee, by secret 'ballot' and with the majority vote ruling, shall promptly render a decision. The committee will communicate its decision, in writing, to the Vice President for Student Affairs. The Vice President for Student Affairs will communicate the decision of the committee, in writing, to the student or organization within one (1) week of the meeting. When circumstances warrant, a ruling will be announced verbally the day of the meeting. The decision of the University Discipline Appeals Committee is final.
Affairs