a.
Amended
Series 50101, Section 2 as follows:
Sec. 2.3 Drugs. Any student who
is guilty
of found responsible for the illegal use,
possession and/or sale of a drug or narcotic on the campus of an institution is
subject to discipline. If a student is
found guilty
of responsible for the illegal use,
possession, and/or sale of a drug or narcotic on campus, the recommended
penalty sanction
assessed shall be suspension from the institution for a specified
period of time and/or suspension of rights and privileges.
b. Amended
Series 50101, Section 3 as follows:
Sec.
4 Disciplinary Process. Disciplinary charges will be investigated by the Dean or
the Dean’s designee. Any
student may be summoned by written request of the Dean for a meeting for purposes of
the investigation and/or to discuss the allegations. The written
request shall specify a place for the meeting and a time at least three
weekdays after the date of the written request if the request is sent regular
mail, or at least two weekdays after the date of the request if the
request is sent by e-mail or hand delivered. The written request
may be mailed to the address appearing in the records of the registrar, e-mailed to
the student at the e-mail address on record
with the U.T. institution, or may be hand delivered to the
student. If a student fails to appear without good cause, as determined by the
Dean, the Dean may bar or cancel the student's enrollment or otherwise alter
the status of the student until the student complies with the summons, or the
Dean may proceed to implement the disciplinary procedures provided for in
Section 5 of this Rule. The refusal of a student to accept delivery of the
notice, or
the failure to maintain a current address with the registrar, or failure to
read mail or e-mail shall not be good cause for
the failure to respond to a summons.
4.1 Interim Disciplinary Action. Pending a hearing or other disposition of the
allegations against a student, the Dean may take such immediate interim
disciplinary action as is appropriate to the circumstances when such action is in the best
interest of the institution,.
This includes ing: but is not
limited to a (a) suspension and bar from the
campus when it reasonably appears to the Dean from the circumstances that the
continuing presence of the student poses a potential danger to persons or
property or a potential threat for disrupting any activity authorized by the
institution. ; or (b) the withholding
of grades, degree, or official transcript when such action is in the best
interest of the institution.
4.2 Timeliness of Hearing. When interim disciplinary action has been
taken by the Dean under Section 4.1 immediately above, a hearing of the charges
against the student will be held under the procedures specified in Section 5
immediately below. A hearing
following interim disciplinary action , but will generally be
held within 10 days after the interim disciplinary action was taken; however, at the discretion of
the Dean of Students the 10 day period may be
extended for a period not to exceed an additional 10 days. unless the student agrees in writing to a
hearing at a later time or unless the student waives a hearing and accepts the
decision of the Dean in accordance with Section 4.3 immediately below.
4.3 Withholding Transcripts, Grades,
Degrees. Notwithstanding the above, the
Dean may withhold the issuance of an
official transcript, grade, diploma, certificate, or degree to a
student alleged to have violated a rule or regulation
of the University of Texas System or its institutions which
would reasonably allow the imposition of such penalty. The Dean may take such action pending a
hearing, resolution by administrative disposition, and/or
exhaustion of appellate rights if the Dean has provided the
student an opportunity to provide a preliminary response to
the allegations and in the opinion of the Dean, the best
interests of the University of Texas System or the institution would be served
by this action.
4.43 Administrative Disposition Assessment of
Penalty.
(a) In
any case where the accused student does elects not to dispute
the facts upon which the charges are based and agrees to the
sanctions the Dean assesses, the student may
and executes a written waiver
of the hearing procedures specified in Section 5 immediately below, the Dean shall
assess one or more of the penalties specified in Section 6 immediately below
that is appropriate to the charges and inform the student of such action in
writing. This administrative disposition shall be final and
there shall be no subsequent proceedings regarding the charges .
(b) In any case
where the accused student elects not to dispute the facts upon which the
charges are based, but does not agree with the sanctions assessed by the Dean,
the student may execute a written waiver of the hearing procedures specified in
Section 5 immediately below yet retain the right to appeal The recommended
penalty that the Dean may assess when a student admits illegal use, possession,
and/or sale of a drug or narcotic on campus is the penalty prescribed in
Section 2.3 immediately above. Tthe decision of the
Dean on
penalty only on the issue of penalty. The appeal regarding the penalty will be may be appealed
to the president of an institution.
c. Amended
Series 50101, Section 5 as follows:
Sec.
5 Hearing Process. In those cases in which the accused student
disputes the facts upon which the charges are based, such charges shall be
heard and determined by a fair and impartial Hearing Officer.
5.1 Notice of Hearing. Except in those cases where immediate interim
disciplinary action has been taken, the accused student shall be given at least
10 days written notice of the date, time, and place for such hearing and
the name of the Hearing Officer. The notice shall include a statement of the
charge(s) and a summary statement of the evidence supporting such charge(s). The
notice shall be delivered in person to the student or mailed to the student at
the address appearing in the registrar's records. A notice sent by mail will be
considered to have been received on the third day after the date of mailing,
excluding any intervening Sunday. The date for a hearing may be postponed by
the Hearing Officer for good cause or by agreement of the student and Dean.
5.2 Impartiality of the Hearing Officer. The accused student may challenge the
impartiality of the Hearing Officer. The challenge must be in writing, state
the reasons for the challenge, and be submitted to the Hearing Officer through
the Office of the Dean at least three days prior to the hearing. The Hearing
Officer shall be the sole judge of whether he or she can serve with fairness
and objectivity. In the event the Hearing Officer disqualifies himself or
herself, a substitute will be chosen in accordance with procedures of the
institution.
5.3 Burden of Proof. Upon a hearing of the charges, the Dean or
other institutional representative has the burden of going forward with the
evidence and has the burden of proving the charges by the greater weight of the
credible evidence.
5.4 Duties of Hearing Officer. The Hearing Officer is responsible for
conducting the hearing in an orderly manner and controlling the conduct of the
witnesses and participants in the hearing. The Hearing Officer shall rule on
all procedural matters and on objections regarding exhibits and testimony of
witnesses, may question witnesses, and is entitled to have the advice and
assistance of legal counsel from the Office of General Counsel of the System. The
Hearing Officer shall render and send to the Dean and the accused student a written
decision that contains findings of fact and a conclusion as to the guilt or
innocence ofwhether the accused
student
is responsible for the violations as charged. Upon a conclusion of
guilt finding of responsibility the Hearing
Officer shall assess a penalty or penalties specified in Section 6 immediately
below. When
an accused student is found responsible for Guilt of the illegal
use, possession, or sale of a drug or narcotic on campus, requires the
assessment of a minimum penalty provided in Section 2.3 immediately above is required.
5.5 Minimal Rights. The hearing shall be conducted in accordance
with procedures adopted by the institution that assure the institutional
representative and the accused student the following minimal rights:
(a) Each party shall provide the other party a list
of witnesses, a brief summary of the testimony to be given by each, and a copy
of documents to be introduced at the hearing at least five days prior to
the hearing.
(b) Each party shall have the right to appear, present
testimony of witnesses and documentary evidence, cross-examine witnesses, and
be assisted by an advisor of choice. The advisor may be an attorney. If the
accused student’s advisor is an attorney, the Dean’s advisor may be an attorney
from the Office of General Counsel of the System. An advisor may confer with
and advise the Dean or accused student, but shall not be permitted to question
witnesses, introduce evidence, make objections, or
present argument to the Hearing Officer.
(c) The Dean may recommend a penalty to be
assessed by the Hearing Officer. The recommendation may be based upon past
practice of the institution for violations of a similar nature, the past
disciplinary record of the student, or other factors deemed relevant by the
Dean. The accused student shall be entitled to respond to the recommendation of
the Dean.
(d)
The hearing will be recorded. If either party
desires to appeal the decision of the Hearing Officer, the official record will
consist of the recording of the hearing, the documents received in evidence,
and the decision of the Hearing Officer. At the request of the president of an
institution the recording of the hearing will be transcribed and both parties
will be furnished a copy of the transcript.
d. Amended
Series 50101, Section 7 as follows:
Sec.
7 Appeal. A student may appeal a disciplinary penalty sanction
assessed by the Dean in accordance with Section 4.34(b)
immediately above. Either the Dean or the student may appeal the
decision of the Hearing Officer. An appeal shall be in accordance with the
following procedures:
7.1 Appeal Procedures. The appealing party must submit a Wwritten
notice of
appeal
stating the specific reasons for the appeal and any
argument, must be delivered to the
president of the institution, with a copy to the other party. The appeal must be stamped as received by the
President’s Office no later than within
14 days after the appealing party has been notified of the penalty sanction assessed by the Dean or
the decision of the Hearing Officer. If the notice of penalty assessed by the
Dean or the decision of the Hearing Officer is sent by mail, the date the
notice or decision is mailed initiates the 14-day period for giving notice
of the appeal. The non-appealing party may submit a response
to the appeal which must be received by the
President’s Office no later than 10 5 days after receipt of the
appeal with a copy to the other party. An appeal of
the penalty
sanction assessed
by the Dean in accordance with Section 4.34(b)
immediately above will be reviewed solely on the basis of the written argument
of the student and the Dean. The appeal of the decision of the Hearing Officer
will be reviewed solely on the basis of the record from the hearing. In order for
the appeal to be considered, all the necessary documentation to be filed by the
appealing party, including written argument must be filed with the president
within 14 days after notice of appeal is given. The Dean will
submit the record from the hearing to the president no later than 5 calendar
days after the appeal is filed with the President as soon as it
is available to the Dean. At
the discretion of the president, both parties may present oral argument in an
appeal from the decision of the Hearing Officer.
7.2 President’s Authority. The president may approve, reject, or modify
the decision in question or may require that the original hearing be reopened
for the presentation of additional evidence and reconsideration of the
decision. It is provided, however, that if the finding as to guilt is
upheld upon a
finding of responsibility in a case involving the illegal use,
possession, and/or sale of a drug or narcotic on campus, the penalty sanction may not be reduced below
the recommended
penalty sanction as prescribed
by Section 2.3 immediately above.
7.3 Communication of Decision. The action of the president shall be
communicated in writing to the student and the Dean within 30 days after the
appeal and related documents have been received. The decision of the president
is the final appellate review.
e. Amended
Series 50101, Section 8 as follows:
Sec.
8 Disciplinary Record. Each institution shall maintain a permanent
written disciplinary record for every student assessed a penalty sanction of suspension,
expulsion, denial or revocation of degree, and/or withdrawal of diploma. A
record of scholastic dishonesty shall be maintained for at least five years
unless the record is permanent in conjunction with the above stated penalties. A
disciplinary record shall reflect the nature of the charge, the disposition of
the charge, the penalty assessed, and any other pertinent information. This
disciplinary record shall be maintained by the Office of the Dean of Students. It separately from the student's
academic record, shall be treated as confidential,
and shall not be accessible to or used by anyone other than the Dean or university
officials with legitimate educational interests, except upon
written authorization of the student or in accordance with applicable State or
federal laws or court order or subpoena.
3. Definitions
Chief
Student Affairs Officer –
The administrative officer primarily responsible for the development and
administration of policies relating to students, for the development and
implementation of services to students, and for the initial preparation of
institutional regulations that will implement the policies and regulations set
forth in this rule.
Dean or Dean of Students – Refers to the administrative officer or officers
responsible for the administration of the disciplinary process at each
institution.
Hearing Officer – An individual
or individuals selected in accordance with procedures adopted by the
institution pursuant to the recommendation of the Chief Student
Affairs Officer to hear
disciplinary charges, make findings of fact, and, upon a finding of guilt,
impose an appropriate sanction(s).
Student – The following
persons shall be considered students for purposes of these policies and
regulations:
1.
A person currently enrolled at an institution of
the U. T. System.
2.
A person accepted for admission or readmission to
an institution of the U. T. System.
3.
A person who has been enrolled at an institution of
the U. T. System in a prior semester or summer session and is eligible to
continue enrollment in the semester or summer session that immediately follows.
4.
A person who engaged in prohibited conduct at a
time when he or she met the criteria of 1, 2, or 3 immediately above.
Campus – cConsists
of all real property, buildings, or facilities owned or controlled by the institution.
Weekday – Monday through
Friday, excluding any day that is an official holiday of the institution.institution
or when regularly scheduled classes are suspended due to
emergent situations.
Day – a A calendar day.day. except for days on which the University
is officially closed or when regularly scheduled classes are suspended due to
emergent situations.
4. Relevant
Federal and State Statutes
Texas
Education Code Section
51.936 – Hazing
5. Relevant
System Policies, Procedures, and Forms
None
6. Who
Should Know
Administrators
Dean of
Students
Hearing
Officers
Students
Office
of General Counsel
7. System
Administration Office(s) Responsible for Rule
Office
of Academic Affairs
Office
of Health Affairs
8. Dates
Approved or Amended
December
10, 2004
9. Contact
Information
Questions or comments regarding this
rule should be directed to: