Student Handbook

If a complaint is made against a student, they are considered the "respondent." The respondent will be notified via university email (or another appropriate address) about the reported allegation.

The Student Conduct Administrator will schedule a conference with the student to explain the conduct process and hear their version of the events in question. The student is expected to attend the meeting. If there is a scheduling conflict, the student may reschedule by calling the office of SCCE at 956.326.2265.

Failure to attend the meeting may be considered a violation of the Student Code of Conduct and could result in the process proceeding without the student’s participation.

The following steps will take place:

1. The Student Conduct Administrator will meet with the student to explain the allegation.
2. The Student Conduct Administrator will outline the student conduct process, including the student’s rights and responsibilities.
3. The Student Conduct Administrator will listen to any statement the student wishes to provide.
4. If the Student Conduct Administrator determines there is sufficient cause to charge the student, the charges will be communicated in writing via university email. The charge letter may also indicate the most severe possible outcome of the conduct conference.
5. If the student is charged with violating the Student Code of Conduct, they will have the opportunity to review their conduct file and may:
   1. Accept responsibility at any point during the investigation, waive their right to an administrative hearing, and move directly to the sanctioning phase.
   2. If they do not accept responsibility for the charge, they may proceed to an administrative hearing.
6. The respondent will be given at least three University business days to prepare for the administrative hearing, unless they choose to waive this right in writing.

The Vice President of Student Engagement (or their designee) may impose interim actions while waiting for the outcome of a hearing regarding alleged violations of the Student Code of Conduct. These actions may be taken to ensure the health, safety, and well-being of the University community.

Students will be notified of any interim actions in writing, sent to their university email account (or other appropriate addresses), and the notice will include the reasons for the action.

Once charges are notified, a student conduct proceeding will be scheduled as soon as possible.

If a student is placed on interim suspension:

1. They may be restricted from accessing campus, campus housing, or participating in any University activities or privileges they would normally be eligible for. During the interim suspension, it is the student's responsibility to maintain contact with professors electronically and keep up with coursework. Faculty will provide accommodations as reasonably possible.
2. The interim suspension does not halt the student conduct process, which will proceed as scheduled, including any necessary student conduct conferences or civil rights proceedings.
3. If the final sanction for a violation is suspension, the sanction will take effect from the date of the interim

If a student does not accept responsibility for a charge, the case will proceed to an administrative hearing. The respondent will receive written notice of the hearing date, location, and time, which will be sent to the student's University-issued email account. Email notification is considered delivered.

If a student disagrees with a violation of the Student Code of Conduct, they will have an administrative hearing with either the Director of SCCE or an Administrative Hearing Panel. The panel will review the case, make a decision, and if the student is found responsible for the violation, appropriate sanctions will be applied. All decisions will be communicated in writing.

The administrative hearing process works as follow:

1. Hearings are closed to the public.
2. The student involved and the Student Conduct Administrator can arrange for witnesses to present relevant information. These witnesses can answer questions from the Director of SCCE (or their designee), the Administrative Hearing Panel, the Student Conduct Administrator, and the student.
3. Character statements will only be accepted in written form.
4. Documentation, student impact statements, and other written statements can be submitted, but they will only be considered during the sanction phase, as determined by the Director of SCCE (or their designee) or the Administrative Hearing Panel.
5. Any procedural concerns will be handled by the Director of SCCE (or their designee) or the Administrative Hearing Panel.
6. After reviewing all information, the Director of SCCE (or their designee) or the Administrative Hearing Panel will meet privately to decide if the student violated the Student Code of Conduct.
7. Administrative hearings may be recorded, but deliberations will not. The record of the hearing will be kept by the University in accordance with FERPA (Family Education Rights and Privacy Act).
8. If the student does not attend the hearing, the information related to the charges will still be reviewed, and a decision will be made.
9. If there are concerns about safety, well-being, or fear of confrontation for any party involved, they should be addressed with the Director of SCCE (or their designee) or the Administrative Hearing Panel before the hearing. Any necessary accommodations will be made in accordance with state or federal law.
10. The student and their advisor can attend the proceedings, except during the deliberations. The Director of SCCE (or their designee) or the Administrative Hearing Panel may remove anyone who disrupts the proceedings.
11. Admission of any other individuals to the hearing will be decided by the Director of SCCE (or their designee) or the Administrative Hearing Panel.

This process ensures that the hearing is fair and thorough, while also respecting the rights of all parties involved.

A finding of responsibility must be determined based on the preponderance of the evidence and cannot rely solely on the respondent’s silence during the administrative hearing. If a respondent is found responsible for a violation, they have the option to accept or appeal the findings and/or sanctions, either fully or partially. A "responsible" finding will result in a sanction, while a "not responsible" finding will conclude the conduct process and close the case.

The outcome of an administrative hearing is part of the education record of the responding student and is subject to the protections of the Federal Education Rights and Privacy Act (FERPA) and Title IX of the Education Amendments of 1972.

The notification of outcomes is sent to the students’ TAMIU email address unless other address(es) are necessary or appropriate.

Decisions made by the Director of SCCE (or their designee), or Administrative Hearing Panel shall not be final until an appeal deadline is passed, when the appeal is exhausted, or when a student chooses not to appeal.

A student who has been found responsible for violating the Student Code of Conduct has the right to appeal the original decision. The appealing student must complete an online appeal request form, or other stated method for submitting an appeal, within five (5) University business days of the delivery of the decision. The appeal does not create an entitlement to a new investigation or a full re-hearing of the case. The review is limited to the specific grounds outlined in this student disciplinary procedure. The appeal request must state the specific grounds for the appeal and include all supporting documentation. Supporting documentation may be typed, reproduced material, or other material directly related to the basis for appeal.

Civil Rights appeals follow different procedures as outlined in University Rule 08.01.01.L1 Civil Rights Complaint and Appeal Process.

Academic violation appeals differ from other disciplinary matters. For more information on academic grade appeals, go to the Student Handbook - Classroom Behavior & Academic Disputes.

An appeal may be based only upon one or more of the following grounds.

1. Procedural error: A procedural error or omission that significantly impacted the outcome;
2. New information: New information, unknown or unavailable during the original student conduct conference or at the time of the original decision that could have significantly impacted the outcome;
3. Severity of the sanctions: The appropriateness or severity of the sanctions.

The University Disciplinary Appeal Panel (UDAP) is made up of members selected by the Vice President of Student Engagement. The panel consists of the chair and two (2) University or System employees. The chair is a non-voting member whose role is to provide guidance on University Rules and Procedures. The chair can cast a vote in the event of a tie.

If you feel there may be any conflict of interest with a panel member, please let the Vice President of Student Engagement know in writing within three (3) University business days after being notified of the panel members. If needed, new panel members will be selected to ensure the appeal process is fair.

The chairperson will review appeal requests to determine whether one or more bases for appeal are supported by the appeal documents. If sufficient grounds have not been demonstrated, the chairperson may deny the appeal request or a portion of it. If the chairperson determines that there is a clear procedural error, the chairperson may refer the case back to the office with case jurisdiction to correct the error.

UDAP will review the record for the case, the appeal request, and any submitted responses and replies. In cases where the appeal is based on new information, UDAP will also review the relevant new information.

UDAP may take any of the following actions after reviewing the appeal:

• Uphold the outcome/sanction(s) imposed by the original Student Conduct Administrator, the Director of SCCE (or their designee) or Administrative Hearing Panel;
• Modify the sanction(s) imposed by original Student Conduct Administrator, the Director of SCCE (or their designee) or Administrative Hearing Panel l;
• Remand the case in whole or in part if sufficient new information is presented that may have materially altered the decision of the original the Student Conduct Administrator, Director of SCCE (or their designee) or Administrative Hearing Panel, and was not or could not have been known at the time of the original student conduct conference; or
• Remand the case in whole or in part, if UDAP determines that a procedural error occurred, with an instruction to correct the procedural error or omission. Upon correction of the error or omission, Student Conduct Administrator, the Director of SCCE (or their designee) or Administrative Hearing Panel will issue a new decision on the remanded issue(s). The new decision may be appealed.

Once UDAP makes a decision, they will inform the Vice President of Student Engagement, who will then notify the individual who filed the appeal in writing. The VP of Student Engagement will also ensure that any other parties, as required by law, are informed of the outcome.

All UDAP decisions are final and binding for everyone involved.

Students are expected to comply with conduct sanctions within the timeframe specified by the Student Conduct Administrator or Administrative Hearing Panel. If sanctions are not completed by the due date—whether due to refusal, neglect, or any other reason—additional sanctions may be imposed, including suspension from the University. For resident students, failure to comply with conduct sanctions may result in being required to vacate University housing within 24 hours of notification from the Student Conduct Administrator or Housing and Residence Life Administration. If needed, students can apply for an extension of the deadline. Extensions are at the discretion of the Student Conduct Administrator and/or Housing and Residence Life Administration. A suspension from the University will only be lifted once all conduct sanctions are fully completed.

Upon successful completion of one semester of disciplinary probation or suspension (excluding one-semester suspensions or civil rights-related sanctions) and all associated educational sanctions/requirements, a student may request a review of their disciplinary status.

The procedure for requesting a review is as follows:

1. Submission of Request: The student must submit a written request to the Office of SCCE at scce@tamiu.edu. This request may only be submitted once.
2. Purpose of the Request: The request allows the student to provide a written statement outlining the actions taken to address behavior while on disciplinary probation or suspension.
3. Review Criteria: The student must demonstrate that they have exceeded the basic requirements of their sanction(s). Requests will not be considered if the student has only met the minimum requirements.
4. Required Information: The request should include, but is not limited to, the following:
   • Evidence of positive changes in ethical decision-making and personal accountability.
   • Documentation of counseling or assessment completion (if required).
   • Participation in relevant educational programs and progress in academics.
   • Evidence of community involvement or service.
5. Initial Review: Upon receipt of the request, the Director (or their designee) will review the submission to determine if the student meets the criteria for a review. If the request meets the necessary criteria, the student will generally be contacted within 15 University business days to schedule a "disciplinary sanction review meeting."
6. Disciplinary Sanction Review Meeting: During the meeting, the student will have the opportunity to discuss why their disciplinary probation or suspension status should be modified or terminated. Note that modifications may not include new or increased sanctions.
7. Recommendation: After the meeting, the Director (or their designee) will submit a recommendation to the Vice President of Student Engagement for review and approval or denial.
8. Decision and Notification: The Vice President of Student Engagement will provide written notice of the decision, including the rationale, to the student within 10 University business days of the decision.
9. No Appeal: There is no appeal process for Disciplinary Sanction Reviews.
10. Adjustment of Deadlines: Deadlines for each step in this process may be revised if extenuating circumstances justify a change.