Tarleton State University's primary concern is the student. The university attempts to provide for all students a campus environment that is conducive to academic endeavor and social and individual growth. Tarleton State University expects all students to obey the law and to show respect for and obedience to properly constituted authority. 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.

The disciplinary sanctions outlined in Section 5.1 may be applied to any student or student organization that commits or attempts to commit, either alone or in concert with others, any of the following acts of misconduct. Generally, university jurisdiction and disciplinary action shall be limited to conduct that occurs on university premises or that adversely affects the university community and/or the pursuit of its objectives. However, criminal activity by a student, whether it takes place on or off campus, may be the 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.

Students are responsible for obtaining all published materials and updates from the Dean of Student Life relating to this code. In addition, the university may modify the procedures contained herein at any time in order to effectuate justice. Students may also be held responsible for the actions of their invited guest.

2.1 Categories of Misconduct

2.2.1 Any act of academic dishonesty (see Academic Honesty Policy).
2.2.2 Stealing, destroying, defacing, damaging or misuse of university property or property belonging to another. Knowingly being in possession of stolen property constitutes being an accessory to theft and is, therefore, a violation of this provision.
2.2.3 Unauthorized possession of, or making use of university keys for unauthorized purposes.
2.2.4 Misuse or abuse of computer equipment, programs or data

a. Unauthorized use of computing resources or use of computing resources for unauthorized purposes.

b. Accessing or copying programs, records or data belonging to the university or another user without permission.

c. Attempting to breach the security of another user's account or deprive another user of access to university computing resources.

d. Using university computing resources for personal or financial gain.

e. Transporting copies of university programs, records or data to another person or computer site without written authorization.

f. Attempting to destroy or modify programs, records or data belonging to the university or another user.
2.2.5 Forgery, unauthorized alteration, or misuse of any university documents, forms, records or instruments of identification.
2.2.6 Withholding material information from the university, misrepresenting the truth before a hearing of the university and 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.

 

2.3.1 Commission of any criminal offense under federal, state, or municipal law. This includes theft, burglary, arson, rape, acquaintance rape, or other forms of assault.
2.3.2 Violations of any university regulations or policies. Such regulations include residence hall contracts and policies, regulations relating to entry and use of university facilities, university motor vehicle regulations, regulations governing student organizations and dining hall conduct.
2.3.3 Failure to identify oneself to, or comply with a direction of a university official (including resident advisers) 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 the attempt to perform their duties.
2.3.4 Failure to heed an official summons to the office of an administrative officer within the designated time.
2.3.5 Failure to meet financial obligations to the university or writing checks on accounts with insufficient funds.
2.3.6 Unauthorized entry into or unauthorized use of university buildings, facilities equipment or resources.
2.3.7 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.
2.3.8 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, the entrance or exit of any person to or from campus or property without the authorization of the administration of the university.
2.3.9 The intentional making of a false report of a bomb, fire 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.
2.3.10 Possession and/or use of ammunition, firearms, or other explosives or propellant devices or weapons (including air powered guns, blow guns, sling shots or nun chucks) on university premises or at any university sponsored activity.
2.3.11 Possession, 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.
2.3.12 Engaging in disruptive activity such as, but not limited to, disorderly conduct, which includes physical or verbal abuse and/or injury of another person; abusive, indecent, profane, or vulgar language in a public place; threats, obscene actions; non-consensual sexual act or contact and/or disrespect for the rights and privileges of others.
2.3.13 Physical abuse, including but not limited to, rape, sexual assault, sex offenses and other physical assaults; threats of violence; or conduct that threatens the health and safety of any person. Sexual assault or rape is the use of physical force or emotional coercion to force sex. Sex without conscious and total consent is rape. Taking sexual advantage of a person who is mentally or physically incapable of giving consent (for example, intoxication) is rape.
2.3.14 Verbal or physical harassment of any university student or employee.
2.3.15 The use of "fighting words" to harass any person(s) on university property, or in conjunction with official university functions or university-sponsored programs. "Fighting words" are those abusive epithets which, when directly addressed to any ordinary person are, in context used and as a matter of common knowledge, inherently likely to provoke a violent reaction whether or not they actually do so. Such words include, but are not limited to, those terms widely recognized to be derogatory reference to race, ethnicity, religion, gender, sexual orientation, disability and other personal characteristics.
2.3.16 Engaging in hazing or voluntarily submitting to hazing. Any acts directed against a student by another student or by a group of students will be considered hazing if the intent or effect of such acts would intimidate the student or submit him/her to indignity or humiliation. (See Hazing Policy)
2.3.17 Any act of sexual harassment as defined in university rule [34.01.99T1]: unwelcome sexual advances, requests for sexual favors and other verbal or physical contact of sexual nature constitute sexual harassment when:
a. Submission to such conduct is made either explicitly or implicitly as term or condition of instruction, employment, or participation in other university activity;
b. 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;
c. Such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive university environment.
2.3.18 Manufacture, distribution, dispensing, possession, use, or sale of alcohol, which is unlawful or otherwise prohibited by, or not in compliance with, university policy or campus regulations.
2.3.19 Gambling on the campus or at a university-related function off campus.
2.3.20 Unlawful manufacture, distribution, dispensing, possession, use, sale of controlled substances, identified in federal and state laws or regulations. Any paraphernalia associated with the use and/or possession of a drug narcotic or controlled substance is prohibited. (See University Drug and Alcohol Policy)
2.3.21 Failure to maintain a current local mailing address in the Office of the Registrar or giving a false or fictitious address to that office.
2.3.22 Failure to present student identification to any member of the university faculty, staff, administration, or police on request when acting in the performance of his/her duty.
2.3.23 Knowingly violating the terms of any disciplinary sanction imposed in accordance with university regulations.
2.3.24 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.
2.3.25 Stalking behavior in which an individual willfully, maliciously and repeatedly engages in a knowing course of conduct directed at a specific person which reasonably and seriously alarms, torments, or terrorizes the person and which serves no legitimate purpose.

 

General Procedural Provisions

The Dean of Student Life 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" standard for disciplinary decision making. The Dean shall ensure that the requirements of due process are fulfilled.

The Vice President for Student Services 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. An administrative hearing will be scheduled as soon thereafter as practical.

 

4.1.1 When a complaint is filed, the student or organization named in the complaint will be asked to appear before a designated student services officer, who will conduct an investigative meeting to discuss the alleged violation(s) and possible sanction(s).
4.1.2 In any disciplinary proceeding, the student or organization has the right to:

a. Be apprised of the rule(s) allegedly violated and the alleged acts(s) committed;

b. Know the source of complaints;

c. Know the specific violation;

d. Know of the sanctions which may be imposed if a violation is substantiated;

e. Be provided a list of witnesses, testimonies and any other documents relevant to the case upon request prior to the formal hearing;

f. Be accompanied by an adviser at any discipline hearing (for advisory purposes only, not for representation);

g. Refrain from making any statement relevant to the violation(s);

h. Know that any statement(s) made by the accused students or organizations can be used against the accused.
4.1.3 If, as a result of the investigation, the Dean of Student Life determines that university disciplinary procedures are warranted, the student or organization will be notified, in writing, of the specific charge(s) being made against the student or organization and the disciplinary procedures available for conducting a hearing on the charge(s). If the Dean is unable to contact the student or organization's representative, in person, within five (5) university working days of the determination of charge(s), the notice of disciplinary action and procedures will be mailed to the address of record maintained with the university.
4.1.4 After the student or organization has been advised of the charge(s), the student or organization may choose to have the case heard by the student services officer or may request permission to appear before the Judicial Advisory Council. The university may refer a case to the Judicial Advisory Council if deemed appropriate. This council, after hearing a case, has the authority to make appropriate recommendations on the case to the student officer. The Judicial Advisory Council is composed of four (4) senior, junior and sophomore students appointed by the Student Body President, two (2) faculty members and one (1) staff member appointed by the Vice President for Student Services.
The Student Services Officer, after fair and objective assessment, may impose any disciplinary sanction defined in Section 5.1. It shall be the responsibility of the student services officer to inform the student or organization of the right to appeal any sanction in Section 5.1 (5.1.4)(2) through (5.1.7) and the procedures for doing so. The student or organization will be provided a written statement of charges against them; the procedures for appealing and they will acknowledge receipt of such by signing a duplicate copy. Following disposition of the hearing, a written summary will be retained in the Office of Student Life.
4.1.5 Cases in which the student services officer is satisfied that a reasonable effort was made to notify the accused student or organization of the charge(s) and of the time and place of the hearing, the university may conduct a disciplinary hearing at which the accused student or organization is not be present. The student services officer will hear the evidence, weigh the facts and render an appropriate judgment.

 

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 Life. For organizations, a reprimand may include notification to the organization's president or adviser and to the chapter's national headquarters.

 

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; 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.

 

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 within the same hall; complying with a behavioral contract; educational requirements may include, but not limited to, completion of an alcohol education seminar, a diversity awareness seminar, essays or reports; paying of special fees, fines or service charges.

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 Student Life at the end of the period of probation.
2. Disciplinary Probation - a sanction that remains a permanent part of the student's confidential record.

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 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.

A student or organization that has had a registration hold placed on their readmission must request readmission clearance from the Dean of Student Life at least three (3) weeks prior to the first day of classes of the semester or summer session in which they wish to re-register. 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 services officer for the removal of the registration hold, the student or organization must complete the regular readmission procedures by the appropriate office.

-----The student services officer 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 services officer shall set a new date at which another application for readmission may be made.

 

-----5.1.6 Expulsion

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

 

-----5.1.7 Revocation of Degrees:

If it is discovered that misconduct occurred while the individual was enrolled as a student, a revocation of degree(s) may result.

 

6.1 Recording of Sanctions

-----The sanctions provided in Section 5.1 (5.1.5), (5.1.6) and (5.1.7) shall be noted on the student's academic record, including the transcript. In cases of disciplinary suspension, notation 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 years after the sanction is assessed.

-----Any student or organization has the right to appeal the final decision of the student services officer after the adjudication of the case. In all cases where the disciplinary officer of the university has conducted an administrative hearing and rendered a decision, the burden of proof in an appeal should be with the student.

-----A student or organization that wishes to appeal a case through the due process procedure should request an appeal hearing in writing through the Vice President for Student Services. The appeal hearing is not intended to afford a full rehearing of the case, but merely to review the record of the case and the procedures followed in its adjudication. The opportunity for the appeal hearing 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 the administrative hearing is discovered, the case will be referred back to the original hearing officer/body.

1. Name of student or organization, address of student or organization, telephone number and student's identification number.
2. Date of disciplinary action against the student or organization and by whom disciplined.
3. Nature of disciplinary action.
4. Grounds for the appeal.
5. Signature of student.

 

-----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 Services shall serve as an ex-officio member to the committee.

a. It may find no prejudicial error and affirm the decision or assess a lesser sanction.
b. 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.
c. It may find errors sufficient to require another hearing. In this case, the matter will again be referred to the Office of the Vice President for Student Services for a new hearing, following the disciplinary procedures outlined in this Code.
d. In cases involving denial of readmission under Section (5.1/5.1.5) 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.

8.1.3 General Rules

b. At least 24 hours before the hearing, the student or organization shall provide the Vice President for Student Services a list of witnesses known by the student or organization who are expected to testify in their behalf. The student or organization should also submit the name of their adviser should one be present at the hearing.
c. Transcript of Testimony
Upon the request of the party or parties, the University Discipline Appeals Committee shall record the testimony presented at the hearing. A copy of the recording may be obtained from the chair at the expense of the requesting party.
d. During the hearing, only members of the University Discipline Appeals Committee, the student services officer, the student or organization and their adviser and the witness currently testifying will be allowed in the hearing room. No witnesses, after testifying, may remain in the hearing room. All persons present at the hearing shall treat the matters discussed therein with confidence.
e. Order of Proceedings
The hearing 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, as 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.
f. 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 Services. The Vice President for Student Services will communicate the decision of the committee, in writing, to the student or organization within one week of the hearing. When circumstances warrant, a ruling will be announced verbally the day of the hearing. The decision of the University Discipline Appeals Committee is binding.