Student Handbook

The student against whom a complaint is made is a respondent.  A respondent will receive notification via University email (unless other address(es) are necessary or appropriate)

that an allegation has been reported.

The Student Conduct Administrator will schedule a conference with the student to provide information about the conduct process and to obtain an account of the events in question. The student is expected to attend the meeting. If there is a schedule conflict, the student may reschedule by calling 956.326.2265. Failure to attend the meeting may be a violation of the Student Code of Conduct and may result in the student conduct process moving forward without the student’s participation. The following will proceed: 

1. A Student Conduct Administrator will meet with the student to explain the allegation.
2. A Student Conduct Administrator will explain the student conduct process, which includes the student’s rights and responsibilities.
3. A Student Conduct Administrator will hear any statement that the student may wish to make.
4. Should the Student Conduct Administrator determine good cause exists to charge the responding student, all charges shall be presented to the responding student in written form via University email. The charge letter may indicate what the most severe possible outcome for the conduct conference could be.
5. If the responding student is charged for violating the Student Code of Conduct, the responding student will have an opportunity to review their conduct file and may:
   1. Accept responsibility at this time or during the course of the investigation; waive their right to an administrative hearing; and proceed directly to sanctioning phase as described in Article 11.
   2. Does not accept responsibility to the charge and proceed to an administrative hearing as described in Sec. 9.03.
6. The respondent will be provided not less than three University business days to prepare for an administrative hearing unless the student waives this right in writing.

The Vice President of Student Engagement (or their designee) may impose restrictions and/or interim actions pending the outcome of a campus hearing on alleged violations(s) of the Student Code of Conduct.  Restrictions and/or interim actions may be imposed to ensure the health, safety and well-being of the University community.

Notification of interim actions will be made in writing (to the student’s University email account unless other address(es) are necessary or appropriate) and will include the reasons for the interim action.

Upon a notification of charges, a student conduct proceeding will be scheduled as soon thereafter as feasible.

1. During an interim suspension, a student may be denied access to campus, campus housing and all other University activities or privileges for which the student might otherwise be eligible. During an interim suspension, it is students responsibility to communicate with professors electronically to keep up with course work.  Faculty members will provide accommodation to the extent that assistance is reasonably possible.
2. Interim suspension does not affect the student conduct process, which will proceed as scheduled, up to and through a student conduct conference or civil rights proceeding, if required.
3. If the sanction for a violation of the Code of Conduct is to suspend or expel the student, the sanction takes effect from the date of the interim suspension.

If a student does not accept responsibility to a charge, the case will move forward to an administrative hearing.  Notice will be given to the respondent in writing and will be emailed to the student’s University-issued email account. Email notice is presumed to be delivered.

A student who disputes a charged violation of the Student Code of Conduct will receive an administrative hearing before the Director of SCCE or Administrative Hearing Panel.  The Director of SCCE or Administrative Hearing Panel will hear the case, render a decision and if found responsible for a violation, sanction the student.  All outcomes will be communicated in writing.

The administrative hearing will be conducted by the following procedures:

1. Hearings will be closed to the public.
2. The respondent and the Student Conduct Administrator may arrange for witnesses to present pertinent information to the Director of SCCE (or their designee) or Administrative Hearing Panel. Witnesses may provide this information to, and answer questions from, the Director of SCCE (or their designee), Administrative Hearing Panel, Student Conduct Administrator and respondent. Character statements shall be accepted in written form only.
3. Documentation, student impact statements and other written statements will be accepted for consideration at the discretion of the Director of SCCE (or their designee) or Administrative Hearing Panel.  Student impact statements and other documents determined at the discretion of the Director of SCCE (or their designee) or Administrative Hearing Panel, will be taken into consideration during the sanction phase only.
4. Procedural issues will be determined by the Director of SCCE (or their designee) or Administrative Hearing Panel.
5. Upon receipt of all information accepted for consideration, the Director of SCCE (or their designee) or Administrative Hearing Panel will deliberate in private to determine whether the respondent has violated the Student Code of Conduct as charged.
6. Administrative hearings may be recorded at the discretion of the Director of SCCE (or their designee) or Administrative Hearing Panel. Deliberations will not be recorded.  The record shall be the property of the University and maintained in compliance with the Family Education Rights and Privacy Act (FERPA).
7. If a respondent fails to appear at an administrative hearing, the information in support of charges shall be presented, considered, and a decision will be made.
8. Concerns for the safety, well-being, and/or fears of confrontation of the complainant, respondent, or witnesses should be presented to the Director of SCCE (or their designee) or Administrative Hearing Panel prior to hearing.  Requests for accommodations will be in accordance with state or federal laws.   
9. A respondent and advisor may attend the student conduct proceedings, excluding deliberations by the Director of SCCE (or their designee) or Administrative Hearing Panel. The Director of SCCE (or their designee) or Administrative Hearing Panel may remove any participant for disruptive behavior. Admission of any other person to the student conduct proceedings shall be at the discretion of the Director of SCCE (or their designee) or Administrative Hearing Panel.

A finding of responsibility must be based upon a preponderance of the evidence.   It may not be based solely upon a respondent’s silence during an administrative hearing. A respondent found responsible for a violation may accept or appeal the findings and/or the sanctions, either in whole or in part, as outlined in Section 9.07. A finding of “responsible” will result in sanction.  A finding of “not responsible” concludes the conduct process and the case is closed.

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.

University Disciplinary Appeal Panel (UDAP) members are appointed by the Vice President of Student Engagement, and a panel assembled to decide an appeal typically will consist of a the Chair, and two (2) administrator. The chairperson is a non-voting member of UDAP and only participates in the deliberations of the panel to consult panelists regarding University Rules and Procedures. Concerns of bias or conflict of interest must be brought to the attention of the Vice President of Student Engagement, in writing, within three University business days of notice of the panel members. New panel member(s) may be selected from other University areas/divisions to ensure fair and objective appeal process.

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.

After UDAP makes its decision, it will inform the appealing party of its decision in writing. UDAP will also provide notice of the outcome to anyone who is required to be notified pursuant to federal, state, or local laws or Texas A&M University Rules. All UDAP decisions are considered final and binding on all involved parties.

Students are expected to comply with conduct sanctions within the timeframe specified by the director of Student Conduct and Community Engagement (or their designee) or Administrative Hearing Panel. Failure to complete conduct sanctions by the date specified, whether by refusal, neglect or any other reason, may result in additional sanctions, including suspension from the University. In such situations, resident students may be required to vacate University housing within twenty-four (24) hours of notification by the Director of SCCE and/or Director of Housing and Residence Life (or their designee). This deadline may be extended upon application to, and at the discretion of, the Director of Housing and Residence Life and/or the Director of SCCE.  A suspension will only be lifted when conduct sanctions are completed.

Upon completion of one semester of disciplinary probation or one semester of disciplinary suspension (not applicable for one semester suspensions or civil rights related sanctions) and upon completion of all educational sanctions/requirements, a student has the opportunity to request a review of their disciplinary probation or suspension status.

1. Request must be submitted to the Director of SCCE (or their designee) via an online Disciplinary Sanction Review Request Form. This request can only be submitted once.
2. This request is intended to provide a student with the opportunity to discuss in writing what they have done to pro-actively address their behavior while on disciplinary probation/suspension.
3. In considering this request, the student should provide information showing how they have been going above and beyond the basic requirements of their sanction(s). Students who fulfill the minimum requirements of their sanctions(s) will not be eligible for disciplinary sanction review.
4. A request for disciplinary sanction review should include, but is not limited to, information such as the following:
   1. Positive change in ethical decision making and personal accountability.
   2. Proof of counseling and/or assessment (if requested).
   3. Involvement in educational programs and academic progress.
   4. Community involvement/service.
5. Upon receipt of the request, it will first be reviewed by the Director of SCCE (or their designee) to determine whether or not the student meets criteria for review. If the Director of SCCE (or their designee) agrees that the student’s request meets any/all of the above-mentioned criteria, the student generally will be contacted within 15 University business days to schedule a “disciplinary sanction review meeting” with the Director of SCCE (or their designee).
6. At this meeting, the student will have the opportunity to further discuss with the Director of SCCE (or their designee) why their disciplinary probation and/or suspension status should be modified or terminated. Modifications may not include new or increased sanctions.
7. After the meeting, the Director of SCCE (or their designee) will provide a recommendation and rationale for a decision to the Vice President of Student Engagement for review and approval or denial.
8. Upon approval or denial of the recommendation, the Vice President of Student Engagement will provide notice of the outcome to the student in writing within 10 University business days. The decision shall include a written statement that explains the basis for the decision.
9. There is no appeal process for Disciplinary Sanction Review.
10. Deadlines for each step in the process outlined above may be revised should extenuating circumstances justify such a change.