Student Code of Conduct

Table of Contents

Student Code of Conduct:Introduction

General Provisions

East Texas A&M University has established standards of conduct to create and foster an environment that facilitates student learning and development. Students and university student groups are to conduct themselves in a manner that demonstrates respect for the rights and property of others and is consistent with the educational goals and mission of the university. This Code of Student Conduct (“Code”) focuses on personal responsibility and accountability for students' actions and the impact those actions may have on the greater community.

Disciplinary Authority

  1. Oversight. The Office of Student Rights & Responsibilities within the Division of Student Affairs, as designated by the university’s president, oversees cases of non-academic student conduct. The Office of Student Rights & Responsibilities is responsible for:
    1. Recommending policies relating to student conduct;
    2. Formulating and recommending rules and enforcement procedures within the framework of existing policies; The disposal or referral of such individual cases as may properly come before it; and
    3. Recommending changes in the administration of any aspect of the Code to the Vice President of Student Affairs (or designee).
  2. Administration. The Office of Student Rights & Responsibilities may delegate jurisdiction to university officials, offices or hearing bodies, as necessary, to administer student conduct cases. These include but are not limited to the following:
    1. Assistant Dean of Students
    2. Residential Living and Learning/Fraternity and Sorority Life conduct boards
    3. Campus Recreation
  3. The University Hearing Board (“hearing board”) is a three- or five-member panel of faculty and staff members appointed by the Office of Student Rights & Responsibilities. The hearing board has the authority to hear cases assigned to it by the Office of Student Rights and Responsibilities and/or the Dean of Students.
  4. The University Appeals Board (“appeals board”) is a three- or five-member panel of faculty and staff members who hear student appeals for sanctions of “conduct probation” or higher, as outlined in the Student Conduct Procedures section of the Code. Appeals board members are drawn from the hearing board pool with the following requirements to serve:
    1. They did not serve on the hearing board for the initial hearing.
    2. They were not involved in the investigation in any way.
    3. They have been trained in appeals procedures.
    4. They have been vetted for conflicts of interest.

Application of the Student Code of Conduct

The following individuals are considered students for the purposes of administering the Code:

  1. A person currently enrolled at East Texas A&M; or
  2. A person who has been accepted for admission or readmission to East Texas A&M; or
  3. A person who has been enrolled at East Texas A&M in the semester or summer session that immediately follows.

Academic Integrity

Matters of academic integrity are the exclusive province of the Provost and Vice President for Academic Affairs and the Graduate School (See East Texas A&M University Graduate Student Academic Dishonesty policy 13.99.99.R0.10; Undergraduate Academic Dishonesty policy 13.99.99.R0.03). Students engaged in acts that may constitute both academic dishonesty and violations under the Code may be subject to sanctions under any of these authorities.

Jurisdiction

The Code applies to any behaviors that take place on the main campus of East Texas A&M (including the Dallas site) and at university-sponsored events. The Code may also apply to actions that occur off campus and online when the Office of Student Rights & Responsibilities determines that the conduct affects a substantial university interest. A substantial university interest is defined to include:

  1. Any conduct that is a violation of federal, state or local law;
  2. Any situation where it appears that the accused individual may present a danger or threat to the health or safety of others;
  3. Any situation that significantly has a negative effect/impact upon the rights, property or interest of self or others;
  4. Any situation that breaches the peace and/or causes a substantial disruption to the university community; and
  5. Any situation that is detrimental to the educational interests of the university.

Standard of Proof

In all cases of alleged violations of the Code, the standard of proof is the preponderance of the information (e.g., “more likely than not”). Reasonable belief is applied when making determinations regarding interim actions.

General Laws

Students or student organizations involved in alleged violations of any federal, state or local laws may be subject to disciplinary action. These allegations will be adjudicated using the university standard of proof and procedure. Investigations, adjudications and, where appropriate, disciplinary action may be imposed by the university before, after or in addition to adjudication by any non-university authority.

Student Rights and Obligations

The Code provides students, faculty and staff with a clear message regarding the value of students as individuals and the contributions they can make when they are given the freedom to do so. It also recognizes that a student's opportunity for education is only limited by the respect that they give to fellow students, faculty, staff and others.

  1. Students' rights are to be respected. These rights include respect for feelings, treatment with dignity, and conditions that allow students to make the best use of their time and talents. No faculty, staff or student, regardless of position, shall violate these rights; any custom, tradition or rule in conflict will not be allowed to prevail.
  2. Students are expected, at all times, to recognize constituted authority, to conform to the ordinary rules of good conduct, to be truthful, to respect the rights of others, to protect private and public property and to make the best use of their time toward obtaining an education.

Violations of the Code

The following university conduct standards are listed to provide students with a general notice of prohibited behaviors. Read these rules broadly, as they are not an exhaustive list of prohibited conduct.

Abuse of the Student Conduct Process

Interfering in any manner with the student conduct process is prohibited. Examples of violating this process include but are not limited to:

  1. Failing to participate in a hearing or investigation; or
  2. Colluding with or intimidating witnesses; or
  3. Providing false or incomplete information that may mislead an investigation/hearing; or
  4. Intentionally omitting relevant information from an investigation or hearing.

Alcohol

Use of alcohol, possession of alcohol, and manufacture or distribution of alcoholic beverages (except as expressly authorized by university regulations) is prohibited on university premises and at university-sponsored events. Students are expected to comply with all state and local laws as well as all Residential Living and Learning regulations regarding the presence of alcohol in the residence halls (see University Housing Policy). Prohibited behavior includes but is not limited to the following:

  1. The possession or consumption of alcohol by anyone under the age of 21;
  2. Providing alcohol or access to alcohol to anyone under the age of 21;
  3. Public intoxication or drunkenness;
  4. Possession of common containers (e.g. kegs, trashcan punch, etc.) on campus;
  5. Operating a motor vehicle or another form of transportation while intoxicated or under the influence of alcohol;
  6. Violating any provision of the Code while under the influence of alcohol.

Animal Cruelty

Prohibited conduct includes:

  1. Intentionally, knowingly or recklessly killing, torturing or causing serious bodily injury to an animal; or
  2. Failing to provide necessary food, water or care for an animal in an individual’s custody; or
  3. Abandoning an animal in an individual’s custody; or
  4. Transporting or confining an animal in a manner that may cause serious bodily injury to any animal without the owner’s consent; or
  5. Causing one animal to fight with another animal or overworking an animal in a manner that may cause serious bodily injury.

The animal cruelty policy does not prohibit:

  1. Killing or injuring an animal within the scope of a person’s employment or furthering the goals of legitimate educational curriculum as designed and approved by the university;
  2. Killing or injuring an animal when a person has a reasonable fear of bodily injury to self or others;
  3. Killing or injuring an animal when fishing or hunting.

Complicity

Complicity means aiding, encouraging, being an accessory to, or failing to report any act or attempted act of behavior in the Code is prohibited.

Damage to Fire Safety Equipment

Tampering, removal and/or damage to fire and safety equipment on university property (e.g., residence halls, Rayburn Student Center, Morris Recreation Center and all academic buildings, etc.) is prohibited. Tampering includes pulling fire alarms unnecessarily, discharging fire extinguishers unnecessarily, removing exit signs and interfering with smoke detectors and sprinklers (See also, Texas Penal Code 42.06).

Damage to Property

Intentionally, knowingly or recklessly causing damage to property or actions that may cause such damage is prohibited. Examples include:

  1. Removal of window restrictors or security screens;
  2. Dropping, throwing or causing objects or substances to fall from windows, doors, ledges, balconies or roofs;
  3. and/or unauthorized application of graffiti to property.

Disorderly Conduct/Disruptive Activity

Any interference or disruption of students, faculty, administration, staff, the educational mission or routine operations of the university is prohibited. To remain in the vicinity of activity that is disrupting normal university functions when requested to leave by a university official is prohibited. Bystanders, if their presence incites or adds to the disruption, as well as more active participants in the disruptive activity, may be in violation of this policy as well. Engaging in physical violence of any nature against any person is also prohibited. This includes fighting, assaulting, battering; using a knife, gun, or other weapon; or acting in a manner that threatens or endangers the physical health or safety of any person or causes reasonable apprehension of such harm.

Drugs

Drugs are any substance that, when taken into the human body, can impair the normal use of mental or physical faculties. The unauthorized possession, use, manufacture, sale or distribution of any counterfeit, illegal, dangerous, designer or controlled drug, or other substance, is prohibited. The unlawful possession of drug paraphernalia includes equipment, products or materials that are used or intended for use to impair normal mental or physical faculties, is strictly prohibited. Students are expected to comply with all federal and state laws regarding legal and illegal drugs. (See Health and Safety Code Chapter 481. Texas Controlled Substance Act, Texas Penal Code Chapter 49, and Texas Agric. Chapter 122.) Examples of prohibited activities include, but are not limited to:

  1. Use or transport of hemp; or
  2. Use, manufacture, sale or distribution of prescription medications; or
  3. Being under the influence of a substance (intoxication) and not having the normal use of mental or physical faculties.

Expressive Activity

Any action that unduly interferes with an individual’s or organization’s right to engage in expressive activities is prohibited. Expressive activity is not permitted in classrooms, campus offices or residence halls as they are deemed non-public forums. In accordance with the Texas Education Code Section 51.9315, freedom of expression is of critical importance to ensure free, robust and uninhibited debate and deliberation of our students, whether the students are on or off campus. The university officially recognizes freedom of speech as a fundamental right. Expressive Activity has been amended to comply with Executive Order GA-44. For the complete policy and a list of locations where expressive activity is permitted, see Expressive Activity on Campus 08.99.99.R1.

Failure to Comply

Students and student organizations are required to comply with reasonable and lawful requests of university officials in the performance of their duties. University officials include but are not limited to faculty, staff, residential advisors (RAs) and university police officers. Students are expected to appear at conduct hearings, to respond to allegations and to testify as witnesses upon reasonable notice. A failure to comply with or complete a sanction or obligation resulting from a conduct hearing or adjudication may constitute failure to comply.

False Information/Fraud/Misrepresentation

Intentionally or knowingly providing false or incomplete information to a university official is prohibited. This includes but is not limited to misrepresenting the truth in a hearing or making a false statement verbally or in writing.

Guest Misconduct

Students are accountable for violations their guests may commit while visiting them or the university community. Guest misconduct is strictly prohibited.

Harassment

Conduct by any means with intent to harass, abuse, torment, intimidate, or bully another and would cause a reasonable person substantial emotional distress and undermine his or her ability to work; study, learn or participate in regular life or university activities. Harassing conduct may be verbal, written, visual, electronic, or physical in nature; this may include on one instance to be deemed “harassment.”

Harm to Person(s)

Actions that cause or may cause injury, create conditions that cause injury, or cause a reasonable apprehension of physical injury are prohibited.

Hazing

According to the Texas A&M University System, hazing is defined as any intentional, knowing or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in or maintaining membership in an organization if the act:

  • Is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body or similar activity;
  • Involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
  • Involves consumption of a food, liquid, alcoholic beverage, liquor, drug or other substance, other than described by the next paragraph, that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; and/or
  • Is any activity that induces, causes or requires the student to perform a duty or task that involves a violation of the Penal Code; or involves coercing, as defined by Section 1.07, Penal Code, the student to consume a drug; or an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated, as defined by Section 49.01, Penal Code.
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Misuse of Computing Resources

Failure to comply with university regulations and policies (see CITE Support Center), license agreements and contracts governing network, software and hardware use; abuse of communal resources; use of computing resources for unauthorized commercial purposes or personal gain; failure to protect university-issued passwords or accounts; breaches of computer security; harmful access to, or invasion of privacy are prohibited. Misuse and/or other abuse of computer facilities and resources is also prohibited. This includes but is not limited to:

  1. Use of another individual’s identification and/or password;
  2. Use of computing facilities and resources to send obscene or threatening messages;
  3. Use of computing facilities and resources in violation of copyright laws.

Misuse of Documents

Unauthorized alteration, possession or misuse of university documents, records or identification cards all constitute misuse of documents and is prohibited. This includes faculty publications and laboratory materials related to the educational process.

Misuse of Keys/Access Cards

No person may give, use, or possess any university key, mobile credentials, or access card (including student ID) without proper authorization from faculty or staff who possess the authority to provide permission. No student can possess a duplicated university key or access card without prior permission from faculty or staff who possess the authority to provide that permission.

Recurring Misconduct

Recurring misconduct are incidents/behaviors that repeatedly violate university policies and are prohibited. Recurring misconduct also includes persistently irresponsible behavior and bring into question a student’s serious intent to pursue an education.

Smoke, Vapor and Tobacco

The university prohibits the use of all forms of tobacco, including vaping products, on university property, including athletic and farm facilities/fields. The university prohibits any advertising, sale or free sampling of tobacco and vaping products on university property.

Theft

Theft of any kind, including seizing, receiving or concealing property with knowledge that it has been stolen, is prohibited. Sale, possession or misappropriation of any property or services without the owner’s permission is also prohibited.

Unauthorized Presence in or Use of University Facilities

Unauthorized entry into, presence in or use of university facilities, equipment or property is prohibited.

Violation of Federal, State or Local Law

Conduct which could be interpreted as a violation of federal, state or local law while off campus, on university premises, or at university-sponsored or supervised activities is prohibited.

Violation of University Policies

Violation of any official university policy, rule or regulation is prohibited on or off campus. Such rules include but are not limited to Residential Living and Learning Community Standards, Athletics Student-Athlete Handbook, Morris Recreation Center Policies and Procedures, Fraternity and Sorority Life Policies and Procedures, and University Traffic and Parking Regulations.

Weapons

Weapons are not permitted on university premises or buildings on which an activity is sponsored by East Texas A&M, or passenger transportation vehicle, unless pursuant to written authorization of the university. This prohibition excludes a concealed handgun carried by a license holder in accordance with state and federal law and the East Texas A&M campus carry rule.

Hearing & Resolution Procedures

When Code violations are alleged, students or student groups are subject to university disciplinary action. To resolve the referral received, the Office of Student Rights & Responsibilities follows designated procedures.

Review of Alleged Violation

After the Office of Student Rights & Responsibilities receives a report or information that a student or group of students may have violated the Code, the Dean of Students (or designee) may:

  1. Make appropriate action on behalf of the university;
  2. Make a referral to the university hearing board or other hearing officers/bodies (e.g. Residential Living and Learning, Campus Recreation, etc.); or in cases of clear and present danger to the well-being of the university community or other unusual circumstances, the Office of Student Rights & Responsibilities (or designee) may take interim actions with respect to a student before a disciplinary hearing is held. A hearing will be scheduled as soon thereafter as is reasonable.

Notice of Allegations

  1. The Office of Student Rights & Responsibilities (or designee) shall notify the student or student group in writing of the allegations against them. The notification will specify whether their case will be an informal resolution, administrative hearing or administrative panel hearing. The Office of Student Rights & Responsibilities (or designee) will determine which cases will be heard by the university hearing board.
  2. The student will be referred to the Code, which outlines the disciplinary and appeals procedures.
  3. The accused student will be given at least three university business days to prepare for a hearing, unless voluntarily waived by the student.

General Hearing Procedures

  1. All hearings will be closed to the public. Admission to the hearing of persons other than the parties involved will be at the discretion of the Office of Student Rights & Responsibilities (or designee).
  2. In hearings involving more than one responding student, individual cases may be heard jointly. However, the Office of Student Rights & Responsibilities (or designee) may permit each hearing to be conducted separately. In joint hearings, separate determinations of responsibility will be made for each responding student.
  3. A student may be accompanied by an advisor, but the student must represent themselves at the hearing. The advisor may not make a presentation or represent the complainant or responding student during the hearing. The advisor may confer quietly with their advisee, exchange notes, clarify procedural questions with the chair and suggest questions to their advisee.
  4. The complainant, responding student, hearing board and the Office of Student Rights & Responsibilities (or designee) may question all present witnesses and all present parties (directly or indirectly) at the discretion of the chair and/or the Office of Student Rights & Responsibilities (or designee). Unduly repetitive witnesses can be limited at the discretion of the hearing board chair and/or the Office of Student Rights & Responsibilities (or designee).
    (NOTE: This procedure only applies to non-sexual misconduct cases. In cases of sexual misconduct or violence, all questions between the parties must be asked through the hearing officer.)
  5. The responding student may present relevant information regarding the allegations, including witness information, documents or any other information that would assist the hearing officer or hearing board to determine student responsibility. Formal rules of evidence will not be observed. The hearing officer or hearing board chair may limit the number of character witnesses presented or may accept written character statements instead.
  6. If the student fails to appear for the original hearing without good cause, the student forfeits the right to an appeal, unless the sanction results in suspension or expulsion.
  7. If a student withdraws from the university pending disciplinary proceedings, the university reserves the right to move forward with the hearing until a final determination of responsibility is made.

Initial Meeting and Resolution

During the initial meeting with the Office of Student Rights & Responsibilities (or designee), the charged student will be informed of all rights and responsibilities and provided with the following:

  1. An explanation of the charges (Note: Charges which may result in suspension or expulsion may be referred for administrative hearing);
  2. A review of due process rights and disciplinary procedures;
  3. A review of all evidence on which a charge is based; and/or
  4. A reasonable opportunity to review charges and evidence, and respond and discuss disposition of the case.

Nonacademic Misconduct Administrative Hearing Procedures

Administrative hearing procedures include the following:

  1. Notification will be provided to the student, and the student has three business days to respond by scheduling an administrative hearing.
  2. Absent good cause, the administrative hearing will be held after it is scheduled by the student. Should the student not respond within three business days, the administrative hearing will be held in the absence of the student (see below for additional details).
  3. During the administrative hearing, the student will have an opportunity to respond and present witnesses on their behalf. Proceedings are not judicial trials and formal rules of evidence shall not apply, but evidence submitted must be material and relevant to the issue under consideration as determined by the hearing body chair.
  4. After testimony is concluded, the hearing officer or members of the hearing board will deliberate. Determination of responsibility will be made on the basis of a preponderance of the evidence. If the respondent is not found responsible for a violation, then the hearing is concluded. If the respondent is found responsible for one or more violations of the Code, then the hearing officer or hearing board will deliberate and determine sanctions, as appropriate. The board may be informed of the student's conduct status/history with the university.

Note: If the student does not respond to a meeting request to discuss the alleged allegation(s), the hearing officer may, in absentia, determine whether the student is responsible for the alleged policy violation, based upon a preponderance of the evidence and if so, issue appropriate sanctions. The student maintains the right to an appeal only if the sanction given reaches the level of suspension or expulsion.

University Hearing Board

  1. University hearing board members will consist of a group of trained faculty and staff members who serve as conduct officers during the adjudication process. Hearing board members will listen to all of the information presented during the administrative hearing and use that information to make a recommendation to the hearing officer on whether the responding student is responsible for violating the Code, and to assign appropriate sanctions.
  2. The Office of Student Rights and Responsibilities (or designee) will appoint one board member as the chair for the hearing.
  3. A staff member from the Office of Student Rights and Responsibilities shall attend all hearings to ensure that disciplinary procedures are followed. This staff member may not be present during hearing board deliberations but may respond to procedural questions from the hearing board regarding procedure.
  4. The parties have the right to be present at the hearing; however, they do not have the right to be present during hearing board deliberations. If a student is unable to attend the hearing, they must notify the Office of Student Rights and Responsibilities no less than three university business days prior to the scheduled hearing to arrange for another date, time and location. Except in cases of grave or unforeseen circumstances, if the responding student fails to give the required minimum three university business days' notice, or if the responding student fails to appear for the hearing, the hearing may proceed as scheduled.
  5. After the hearing, the hearing board will deliberate and determine, by a preponderance of the information, if the responding student has violated the Code. A majority vote is required. If the responding student is found responsible for violating any section of the Code, the university hearing board will determine the appropriate sanction(s). The Office of Student Rights and Responsibilities is responsible for informing the hearing board of applicable precedent, any previous conduct violations, or other relevant pattern information about the responding student. The hearing board shall serve the best interests of any responding students by making use of appropriate university resources, including but not limited to the University Counseling Center, Academic Success Center, etc.
  6. The chair will prepare a written report of the recommendations for the findings and sanctions, then deliver it to the Office of Student Rights & Responsibilities (or designee) detailing the findings and rationale for the hearing board's decision, and any information the hearing board excluded from its consideration and why. This recommendation must include any sanctions or other actions imposed. This recommendation should not exceed two pages in length and must be submitted to the Office of Student Rights & Responsibilities (or designee) within two university business days of the end of deliberations. The hearing officer will review the rationale, decision on charge(s) and sanction(s) to issue a final decision to the student(s).
  7. The responding student and complainant will be notified of the final determination in writing within three university business days of the hearing.
  8. In cases of sexual misconduct and other crimes of violence, notice of the outcome will be delivered to all parties without substantial delay between the notifications to each party.
  9. There will be a single verbatim record, such as an audio recording, for all hearing board proceedings. Deliberations will not be recorded. The record will be the property of the university and maintained according to The Texas A&M University System's record retention policy.

Procedures for Allegations of Sexual Misconduct, Discrimination, Violence and Stalking.

Allegations of sexual misconduct and non-sexual misconduct by a student will be reviewed and investigated by the university's civil rights office or other designated officials. At the conclusion of the investigation, a report will be provided to the Office of Student Rights & Responsibilities (or designee) for review. After receiving a report indicating that a student or group of students may have violated sections of the Code related to sexual misconduct, discrimination, violence and/or stalking, the Dean of Students (or designee) may take action on behalf of the university.

The following procedures shall apply:

  1. The complainant shall attend the hearing.
  2. The complainant has the right to be assisted by an advisor of the complainant's choice; however, the complainant must present Their own information. Cross examination must be conducted by the advisor.
  3. For sexual misconduct, discrimination and other complaints of a sensitive nature, alternative testimony options may be provided to the complainant, such as placing a privacy screen in the hearing room or allowing the complainant to testify from another room via audio or audio/video technology.
  4. The past sexual history or sexual character of a party may be admissible by the other parties in hearings 1.) to prove consent or 2.) to prove another party besides the respondent committed the alleged sexual harassment, if determined to be particularly relevant to the facts and circumstances at issue. Evidence of pattern, repeated and/or predatory behavior by the responding student in the form of previous findings in any legal proceedings or campus proceedings will always be relevant to the finding, not just the sanction.
  5. A complainant alleging sexual misconduct, other behavior falling within the coverage of civil rights, and/or a crime of violence will be notified in writing of the outcome of a hearing, any sanctions assigned, and the rationale for the decision.
  6. The proceeding must be completed within reasonably prompt timeframes as designated by the institution's policy, including a process that allows for the extension of timeframes for good cause with written notice of the delay and the reason for the delay to the complainant and the respondent.
  7. Officials who do not have a conflict of interest or bias for or against the complainant or the respondent must conduct the proceeding.

Student Organization Hearing Procedure

Student organizations that fail to meet the responsibilities listed below will be subject to disciplinary action. Alleged student organization violations will follow the same procedures as alleged individual student violations, except for those related to organizational status only. If three or more members of the same student organization and/or collaborating student organizations were present during an alleged violation of the Code, the student organization may be subject to disciplinary action. Notification will be sent to the chief student leader of the organization and the organization's advisor.

The president of the student organization (or designee) will represent the organization throughout the duration of the conduct process. Any student organization with a regional and/or national affiliation that receives a sanction of “conduct probation” or higher will have their regional and national organization notified by the university.

Student Organization Responsibilities

Student organizations, societies, clubs, and living and learning communities, on or off campus, are responsible for conducting their affairs in a manner that reflects favorably upon the university.

  1. Compliance with university policies, rules and regulations;
  2. Taking reasonable steps, as a group, to prevent violations of law or university regulations by members of the group or the group's guests;
  3. A willingness to address individual member's behavior with those members of the group whose behavior reflects unfavorably upon the university.

A group representing the student organization is defined by at least three members present, half the number of members needed to start a student organization at East Texas A&M. This includes both active and inactive members. If an event is co-sponsored by two or more organizations, a group is defined by any combination of three individuals representing the co-sponsored organizations.

Appeals

Any appeal from action by the hearing official that affects organizational status only (i.e., no sanctions against individuals) shall be directed to the Office of Student Rights & Responsibilities (or designee).

Findings/Sanctions/Interim Actions

A student is given a “Finding” (or outcome) to resolve the alleged violation(s) of the Code. Once a decision is reached, sanctions can be imposed at the hearing body’s discretion. In some instances, interim actions are taken to protect the community.

FINDINGS

No Finding

In these cases, an investigator has made a determination that the responding student is in no way involved in a violation of policy. The responding student's name will be cleared for purposes of third-party reporting, but the record of the investigation will be retained. This finding is not subject to any appeal.

Not Responsible

In these cases, a hearing officer or hearing board determines that insufficient evidence exists for a finding of “responsible” for any of the allegations. The case is closed and a record of the “not responsible” finding(s) is retained. In cases of sexual misconduct or other violence, complainants may accept the finding or elect to appeal.

Responsible

In these cases, a hearing officer or hearing board determines that sufficient evidence exists for a finding of “responsible” for any of the alleged violations. The responding student may accept both the finding and sanctions or may elect to appeal.

SANCTIONS

One or more of the following sanctions may be imposed for a Code violation.

  1. Warning. The student is warned of possible consequences of continuing such behavior. Warnings can be verbal or written.
  2. Conduct Review. Conduct review is an official warning that the student's conduct is in violation of the Code but is not sufficiently serious to warrant conduct probation, suspension or expulsion. A student on conduct review shall have their conduct under review for a specified period. This sanction may require regular meetings with an appropriate official to ascertain and evaluate compliance with student rules. Additional restrictions or conditions may be imposed, depending on the nature and seriousness of the misconduct. Students placed on this sanction remain in good standing with the university. If there is a finding of responsibility for subsequent violations of the Code during this period, more severe sanctions may be administered.
  3. Conduct Probation. Conduct probation is a period of review and heightened scrutiny during which a student is under an official notice that subsequent violations of the Code, university rules, regulations or policies are likely to result in a more severe sanction, including suspension or expulsion from the university. While on conduct probation, a student is deemed “not in good standing.” The terms of probation may involve restrictions on student privileges and/or set specific behavioral expectations.
  4. Suspension. Suspension means that a student is separated from the university for a definite period of time. The suspension takes effect when the appeal for the offense is exhausted, waived or the time limit has passed. Suspensions may go into effect immediately or may be deferred for a period of time. If the student is found in violation of any university rule during the time of deferred suspension, the suspension takes effect immediately without further review.
  5. Expulsion. An expulsion stipulates that the student may not return to the university.
  6. Conditions/Restrictions. The university may limit a student's university privileges for a period of time or require a student to complete a specified activity. This sanction may include but is not limited to:
    • a. Restricted access to the campus or parts of campus;
    • b. A no-contact order;
    • c. Denial of the right to participate in university-sponsored activities;
    • d. Denial of the right to represent the university in any way;
    • e. Removal from an elected or appointed university office or position;
    • f. Denial of campus housing or parking privileges;
    • g. Required attendance at a workshop;
    • h. Ineligibility for new member intake in a fraternity, sorority or organization;
    • i. Participation in community service; and
    • j. Any other privileges that are consistent with the violation and the development of the student.
  7. Other Sanctions. The university reserves the right to impose other sanctions as necessary to remain consistent with the mission and vision of the university. These may include but are not limited to mandated psychological or counseling assessment, research projects, drug/alcohol classes, restitution, etc.
  8. Parental Notification. The university may contact a student's parent, guardian or family member if deemed appropriate in accordance with the Family Educational Rights and Privacy Act. (FERPA). More information regarding FERPA can be found on the registrar's website at www.etamu.edu/admissions/registrar/ferpa/default.aspx
    • International Students who receive a sanction of Suspension or Expulsion who are on an F-1 visa with a Form I-20 or J-1 visa with a Form DS-2019 issued by East Texas A&M are subject to additional stipulations under the Department of Homeland Security. For more information, click here: https://www.dhs.gov/
    • Transcript Notation. A notation will be made on the student's academic transcript without exception or time limitation. The notation will differentiate between academic and conduct violations that lead to the assigned sanction [see TAMUS 11.99.02. R0.01 Conduct Notations for Transcripts].
    • Notation Removal. A student whose transcript notes a conduct suspension or an expulsion may request, in writing to the Office of Student Rights & Responsibilities, removal of the conduct notation. Request may be granted provided that:
      • The appropriate dean has determined that the student is eligible to re-enroll; or
      • Good cause exists to remove the notation.

INTERIM ACTIONS

The university may take interim actions as necessary to protect the community from a threat to the health or safety of the community as a whole, to any particular member of the community, or in cases where there may be a reasonable belief of a substantial disruption to the normal operations of the university. In all cases, the student subject to the interim action will be given an opportunity to discuss the interim actions with the Office of Student Rights & Responsibilities (or designee) on the necessity of the restriction within three university business days of the issuing of the restrictions, except those involving civil rights.

These actions may include but are not limited to:

Interim Suspension

A student (or organization) suspended on an interim basis is subject to all of the same restrictions as if they had been suspended as a final sanction.

Interim Restriction

A student (or organization) with interim restrictions may be denied access to campus premises (including classes), specific individuals, and/or all other university activities or privileges for which the student might otherwise be eligible. These restrictions may include but are not limited to restricted access to facilities, housing and/or events; no-contact orders with specific individuals; transcript holds, etc.; or any other restrictions deemed necessary by the Vice President of Student Affairs.

Detained Student

The university shall delay a student conduct hearing if it is made aware that the student subject to possible discipline under the Code of Student Conduct is presently detained by law enforcement or is otherwise lawfully confined or imprisoned and not subject to release within a reasonable amount of time. In these instances, the student will receive a registration hold on their student account until the student conduct case is resolved. If the student is to be detained for more than 30 days or if the student is to be detained until the end of the current semester, East Texas A&M will attempt to contact the student to notify them of their options regarding enrollment and withdrawal. The student may designate someone to remove their personal property from their assigned residence hall, if applicable. Should a student choose to withdraw during their detainment, a transcript hold will be placed on their registration account in addition to the registration hold. The student's conduct case will be adjudicated upon re-enrollment at the university. The responsibility for timely withdrawal from classes remains with each student, regardless of the reason for the withdrawal. Nothing in this provision alters that responsibility.

STUDENT ORGANIZATION SANCTIONS

Student organizations are subject to sanctions for failure to meet the responsibilities of group membership. These may include but are not limited to:

Social Probation

Social probation includes the removal of all social privileges from an organization due to violations of the Code, including but not limited to:

  1. Participation in intramural activities and/or in yard/step shows, and
  2. Hosting events/parties under the student organization's name, new member presentations/shows, running of the hill, and/or being involved in activities that are not educational, philanthropic or providing a service to the community.

Conduct Probation

Conduct probation includes social probation and ineligibility to be considered a registered student organization on campus and/or participate in council activities and/or participate in new member intake. The student organization may still hold business meetings off campus. At the end of the probationary period, the organization must re-register as a student organization and may need to participate in a reintegration to campus process.

Suspension

Suspension includes social probation, conduct probation and ineligibility to be considered a registered student organization on campus, participate in council activities, and/or conduct meetings as an organization on or off campus. At the end of the term for suspension, the organization must re-register as a student organization and may need to participate in a reintegration to campus process.

Expulsion

Expulsion means the student organization is no longer a registered organization and is permanently removed from campus.

Appeal Procedures

A student who receives a sanction of “conduct probation” or higher may request an appeal of the decision of the hearing officer or hearing board. Under these circumstances, the university appeals board shall hear initial appeals from hearing officers and the hearing board. Cases resulting in a sanction of “conduct review” or lower are considered final (except for cases involving sexual misconduct allegations).

All appeal requests must be submitted via the designated link in the student's outcome letter, which is sent to their student email. Appeals must be submitted to the Office of Student Rights & Responsibilities within three university business days from the date the student or student organization receives notification of disciplinary action. Student Rights & Responsibilities shall refer the appeal to the university appeals board for review.

Grounds for Appeal

Appeal requests are limited to the following grounds:

  1. A procedural error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
  2. New evidence needs to be considered, which was unavailable during the original hearing or investigation that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included;
  3. The sanctions imposed are substantially disproportionate to the severity of the violation or the cumulative conduct record of the responding student.

Effective Date of Conduct Sanction

The sanction(s) imposed by a hearing officer will not take effect until the appeal process is complete.

Considerations Upon Appeal

In review, the original finding and sanction are presumed to have been decided reasonably and appropriately. The burden is on the appealing party (or parties) to show clear error. The appeals board must limit its review to the grounds presented. The appeals board will determine if the appeal requires a formal appeal hearing (meeting with the student or student organization) or if the appeals board will make a decision based on the information provided. If the appeal request is not timely or does not meet the required grounds for appeal, the original finding and sanction will stand and the decision is final.

University Appeals Board

A three- or five-member appeals board is drawn from the hearing panel pool with the following requirements to serve:

  1. They did not serve on the hearing board for the initial hearing
  2. They were not involved in the investigation in any way
  3. They have been trained in appeals procedures

On reconsideration, the appeals board may:

  1. Uphold the original decision;
  2. Modify the decision;
  3. Dismiss the charges; or
  4. Remand the case for further consideration.

When the appeal board's decision to modify the decision results in a sanction of conduct probation or lower, the decision is considered final. If the appeals board's decision to modify a decision results in a sanction of suspension or expulsion, the student may submit an appeal request to the Vice President of Student Affairs/Dean of Students. Students shall submit a typed request for appeal to the Vice President of Student Affairs/Dean of Students within three university business days of receiving notification of the appeals board's decision.

On reconsideration, the Vice President of Student Affairs/Dean of Students may:

  1. Uphold the original decision;
  2. Reduce or modify the decision;
  3. Dismiss the charges; or
  4. Remand the case for further consideration.

Following an appeal to the Vice President of Student Affairs/Dean of Students, the matter is considered final.

For any final appeals that result in removal from on-campus housing, the student has 48 hours to check out of their residence hall. Please review the Appeal Guidelines for all cases involving allegations of civil rights in system policy 08.0101.R2.02 Civil Rights Process for Students.

Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act of 1974 (FERPA) affords students certain rights regarding their respective education records. In essence, these rights are (1) the right to inspect and review education records, (2) the opportunity to challenge the contents of education records, and (3) the right to exercise some control over the disclosure of information from education records.

For non-academic records, considered education records, a student may complete the FERPA Release of Information Form to either obtain a copy of their student conduct file(s) or to give the Assistant Dean of Students or Director of Student Rights & Responsibilities permission to disclose the information contained in the student's record to a designated person or entity.

All conduct records are maintained pursuant to The Texas A&M University System Records Retention Schedule. Records of cases that result in expulsion and those that fall within the scope of Civil Rights of the Educational Amendments of 1972 (“Civil Rights”) are maintained for seven years.

Non-Discrimination Notice

East Texas A&M University provides non-discriminatory working, learning and living environments for all members of the university community. East Texas A&M provides equal opportunity to all employees, students, applicants for employment or admission, and the public regardless of race, color, sex (including pregnancy and related conditions), religion, national origin, age, disability, genetic information, veteran status, sexual orientation, gender expression or gender identity. East Texas A&M will promptly, thoroughly and fairly investigate all complaints of discrimination, harassment (including sexual harassment), and related retaliation based on a protected class in accordance with Texas A&M University System (TAMUS) Policy 08.01.01 Civil Rights Compliance, East Texas A&M rules and/or procedures and applicable federal and state laws.

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