Return to Student Handbook | Academic Issues | Financial Issues | University Resources | Student Services | Student Life | Policies | Other Useful Information |

POLICIES

Academic Honesty Policy

(PS 03.A.19)

1. PURPOSE

This PS states the University of Houston - Downtown (UHD) policy on Academic Honesty

2. POLICY

2.1 Principles

2.1.1 Academic Honesty Code
The Academic Honesty Code is the University's standard of honesty. The code states, "Students must be honest in all academic activities and must not tolerate dishonesty."

2.1.2 Faculty Responsibility
Faculty members are responsible for knowing the principles and procedures of the Academic Honesty Policy, and for enforcing the policy when academic honesty violations occur. Faculty members must also remind students of the Academic Honesty Policy and help them comply with it.

2.1.3 Student Responsibility
Students are responsible for maintaining the academic integrity of the University by following the Academic Honesty Policy. Students are responsible for doing their own work and avoiding all forms of academic dishonesty.

2.2 Academic Honesty Violations
The most common academic honesty violations are cheating and plagiarism. Cheating includes, but is not limited to:

• Submitting material that is not one's own.
• Using information or devices that are not allowed by the faculty member.
• Obtaining and/or using unauthorized material.
• Fabricating information.
• Violating procedures prescribed to protect the integrity of a test, or other evaluation exercise.
• Collaborating with others on assignments without the faculty member's consent.
• Cooperating with or helping another student to cheat.
• Having another person take an examination in the student's place.
• Altering exam answers and requesting that the exam be re-graded.
• Communicating with any person during an exam, other than the faculty member or exam proctor.

Plagiarism includes, but is not limited to:

• Directly quoting the words of others without using quotation marks or indented format to identify them.
•       Using sources of information (published or unpublished) without identifying them.
• Paraphrasing materials or ideas of others without identifying the sources.

2.3 Resolution of Academic Honesty Violations
A student involved in an academic honesty proceeding may continue to attend all classes until the matter is resolved.

2.3.1 Action Initiated by the Faculty Member.  If a faculty member believes a student has committed an academic honesty violation, the faculty member should request a meeting with the student as soon as reasonably possible to attempt to resolve the incident. As a result of this meeting, if the faculty member determines a violation has occurred, he or she should give the student a copy of this policy statement, complete an Academic Honesty Report (Appendix A) and forward a copy to the faculty member's chair. The faculty member may assign a penalty; see section 2.5 below. If the faculty member is unable to contact the student, or if the student fails to meet with the faculty member, the faculty member may assign the penalty. If a penalty is assigned, the faculty member will send the student a copy of this policy statement and a completed Academic Honesty Report (Appendix A). The faculty member will send these documents by registered mail to the student's current mailing address on file with the University, and provide a copy to the faculty member's chair. When the penalty assigned is an “F” for the course, the faculty member will file a Withdrawal Prevention form (Appendix B) notifying the Admissions and Records Office that the student may not withdraw from the class. The final grade for the course will not be recorded until all of the student's rights to appeal have been exhausted.

2.3.2 Appeal Procedures.  If the student does not admit responsibility for the incident or does not accept the penalty proposed by the faculty member, the student may appeal first to the faculty member's department chair, then to the dean of the faculty member's college, and then to the Student Discipline Committee. If the student does not appeal, the decision of the faculty member stands and a copy of the Academic Honesty Report will be forwarded by the faculty member's chair to the dean of the faculty member's college and to the Office of the Dean of Student Affairs, where it will be filed for future reference.

2.3.2.1 Department Hearing. Within five working days (excluding Saturdays, Sundays and holidays) of the faculty member's notification to the student that a penalty has been assigned, the student may request a meeting with the faculty member and his/her department chair. This meeting should take place within five working days of the student's request. As a result of this meeting, the department chair will complete an Academic Honesty Report (Appendix A) and affirm, deny, or modify the penalty assigned by the faculty member. Within five working days of the meeting, the department chair will forward copies of the completed Academic Honesty Report to the student, the faculty member, and the dean of the faculty member's college. Copies of the report will be either personally delivered or sent by registered mail to the current mailing address on file with the University. Within ten working days of the chair's decision, the student or the faculty member may appeal the chair's decision to the dean of the faculty member's college. If the decision is not appealed, the chair will send a copy of the Academic Honesty Report to the faculty member's dean and to the Office of the Dean of Student Affairs, where it will be filed for future reference.

 2.3.2.2 Dean's Review. Within five working days (excluding Saturdays, Sundays and holidays) of the department chair's notification to the student that a penalty has been assigned, the student or the faculty member may submit a written appeal to the dean of the faculty member's college, This written appeal should ask the dean to review the chair's decision and explain why the student or faculty member believes that the chair's decision was wrong, Within ten working days from the time the written appeal is received in the dean's office, the dean will determine if the chair's action should be upheld or overturned and will communicate his decision in writing to the student by registered mail, and inform the faculty member and the department chair. Within ten working days of the dean's decision, the student or the faculty member may appeal the dean's decision to the Student Discipline Committee (see PS 04.A.01). If the decision is not appealed, the dean will send a copy of the Academic Honesty Report along with the results of the dean's review of the report to the Office of the Dean of Student Affairs, where they will by filed for future reference.

2.3.2.3 Student Discipline Committee.  If the student or faculty member requests a hearing before the Student Discipline Committee, the hearing will be conducted according to the procedures specified in PS 04.A.01 Student Rights and Responsibilities.

2.4 Maintenance of Academic Honesty Reports
The Office of the Dean of Student Affairs will maintain a copy of each Academic Honesty Report filed on a student until that student's graduation or permanent suspension of studies. Students will be assumed to have permanently suspended their studies at UHD if they go five years without enrolling for any coursework. Faculty members or administrators investigating allegations of academic honesty violations may request that the Dean of Student Affairs release to them any previous reports that have been filed on the student against whom the current allegations are being made.

2.5 Penalties
The penalty for an academic honesty violation on a significant course requirement such as a term paper/project or final examination shall be an “F” for the course. The penalty for academic honesty violations in other coursework will be left to the discretion of the faculty member and may be modified upon appeal. When an academic honesty violation includes flagrant behavior, such as having a substitute take an exam or stealing an exam, the faculty member shall also refer the matter to the Office of Student Affairs for disciplinary action pursuant to the Student Rights and Responsibilities Policy (PS 04.A.01). The Office of Student Affairs may also initiate disciplinary action against a student with repeated academic honesty violations.

3. REVIEW AND RESPONSIBILITIES
Responsible Party: Vice President for Academic Affairs and Provost
Review: As needed
President

Acquired Immune Deficiency Syndrome (AIDS) Policy

(PS 02.A.07)

1. PURPOSE

1.1 This PS establishes UHD policy with regard to Acquired Immune Deficiency Syndrome (AIDS), AIDS-Related Complex diseases (ARC), and HIV-positive.  The University acknowledges its responsibility to promote a safe, healthy and supportive campus community.  To that end, its primary response is to educate its students and employees about the disease.

1.2 Definitions and policy perspectives:

1.2.1 Acquired Immune Deficiency Syndrome or AIDS is the most severe form of infection caused by a virus called Human Immune deficiency Virus (HIV).  This virus causes a breakdown of the body's immune system.  As a result, a person with AIDS can acquire a variety of infections that can be fatal.

1.2.2 AIDS-related Complex, or ARC, describes a less severe condition in which the individual is infected and develops immune abnormalities.  In the early stages, people with ARC may appear healthy but can transmit the virus to others.  In some cases, the immune response deteriorates until the individual develops the unusual infections, which characterize the condition known as AIDS.

1.2.3 A positive test for HIV indicates that the person has had contact with the virus and could transmit the disease even though symptoms are not exhibited.

2. POLICY/PROCEDURES

2.1 UHD is committed to a policy of non-discrimination in the admission and enrollment of qualified students and the employment of qualified University personnel.

This commitment applies to students and employees identified as HIV-positive or as having ARC or AIDS.

2.2 Individuals who are HIV-positive or who have been diagnosed with ARC or AIDS are disabled if the disease results in an impairment, which substantially limits one or more major life activities.  All policies that apply to people with disabilities also apply to people with communicable and infectious diseases, including the requirement for a reasonable accommodation to the known limitations of an otherwise qualified applicant.

2.3 Employees will not be discharged with the express purpose of deprivation of employee benefits once it is known that they have AIDS, ARC, or are HIV-positive.

2.4 Students or employees of the University with transmissible diseases, including those testing HIV-positive, are obligated to protect the welfare of the University community.

2.5 The University, recognizing its primary role as educational, will provide advice, information, assistance and referral to students and employees concerning AIDS, ARC, and HIV-positive.  Programs and written materials will be made available through Counseling, Career and Student Health Services, Human Resources, and the University's Wellness Task Force.  Additional written materials will be available in the Student Life Center, Library, and other strategic locations.

2.6 The University's policy on AIDS will be published in the student handbook and the faculty and staff handbooks.

2.7 Student or employees who identify themselves to any University official as having AIDS, ARC, or testing HIV-positive should be encouraged to inform Counseling, Career and Student Health Services in order to receive proper medical advice, counsel, or referral.  Their identities shall remain confidential in all instances.

2.8 The Student Health Services will arrange for HIV anti-bodies testing for students and employees upon request by the individual seeking the test.  All testing is conducted confidentially and includes pretest and post-test counseling and education according to the guidelines established by the Texas Department of Health and the American College Health Association.

2.9 Release of information to the public.

2.9.1 The Office of Communications and Marketing will coordinate the release of information regarding University policy and programs to off-campus inquiries and will consult with appropriate departments and offices regarding the information to be released.

3. REVIEW AND RESPONSIBILITIES

Responsible Party: Dean of Student Affairs and Vice President for Administration (Reviewers)

Alcoholic Beverages Policy

(PS 04.A.02)

1.  PURPOSE

This PS sets forth regulations regarding the service, consumption, and distribution of alcoholic beverages to students at the University of Houston-Downtown (UHD).  The University strictly adheres to all city, state, and federal laws governing the distribution and consumption of alcohol.  The University is committed to the national initiative of preventing the abuse of alcohol.

2.  POLICY/PROCEDURES

2.1 The legal drinking age in Texas is 21.  Alcoholic beverages served on the UHD campus may be distributed and consumed by students of legal age only in areas designated by the Dean of Student Affairs.  The use or possession of alcohol on any part of the University campus, other than a formally approved or designated area, is a violation of the Student Rights and Responsibilities Policy Statement 04.A.01.

2.2 The dean of student affairs must be notified of the proposed sale and/or distribution of alcoholic beverages to students by any individual or organization at UHD campus and has the authority to approve or deny these activities.

2.3 Only licensed catering services approved by the Dean of Student Affairs may sell or distribute alcoholic beverages on the UHD campus.

2.4 Only registered student organizations will be allowed to conduct an event at which alcoholic beverages will be sold or distributed to students by the catering service or vendor.

2.5 The president or designated officer of a registered student organization must read the Alcoholic Beverage Distribution Information form and must complete the request for Alcoholic Beverage Distribution Permit.

2.6 For student organization, the completed Alcoholic Beverage Distribution Permit must be submitted to the Director of Student Activities at least four weeks before the date on which permission to serve alcohol is requested.  The Director of Student Activities forwards a recommendation to the Dean of Student Affairs within five working days of submission.

2.7 The dean of student affairs notifies the UHD police department when permission is granted to student organizations to hold an event at which alcoholic beverages will be distributed on the campus.  The student organization receiving permission must make arrangements for police coverage directly with the UHD Police Department, not less than three (3) weeks prior to the event.  The UHD Police Department will determine the number of police officers for the event.  Only UHD police officers or peace officers approved by the Chief of the UHD Police may be hired for the event.  The sponsoring organization or department is responsible for payment of UHD police services.

2.8 State appropriated funds, student service fees, or University Center fees may not be used to purchase alcoholic beverages for any reason.  Registered UHD student organizations may purchase alcoholic beverages for official student organization functions using funds, which have been deposited into the student organization's agency fund account.

2.9 Alcoholic beverages may not be served or consumed in any vehicle owned or operated by UHD.

3. REVIEW AND RESPONSIBILITIES
Responsible Party: Dean of Student Affairs (Reviewer)

Drug and Alcohol Abuse Policy

(PS 01.A.05)

It is the policy of the UHD that illicit drug use including the manufacture, sale, distribution, dispensation, possession, or use is prohibited in the workplace, on campus, or as part of any campus activity.  This policy includes alcohol except when its use is formally approved for a specific activity at a designated time and location.

According to Section 2.1 of PS 04.02 of the UHD Drug and Alcohol Abuse Policy, any student admitting to or proven to have violated the UHD's Student Rights and Responsibilities Policy (PS 04.A.01) regarding the unlawful possession, use or distribution of illicit drugs and alcohol on-campus or at campus sponsored events held off-campus will be subject to the disciplinary conditions outlined in PS 04.A.01.  In addition, students referred for assistance will be required to satisfactorily participate in a drug and alcohol abuse rehabilitation program, as agreed upon between the student, the Dean of Student Affairs, and the Counseling unit.

Responsible Party: Dean of Student Affairs and Vice President for Administration (Reviewers)

Nepotism Policy

(PS 02.A.03)

PURPOSE

1.1 This PS explains the nepotism and related employment policies of the University of Houston-Downtown. It conforms to the policy approved by the University of Houston System Board of Regents for the University of Houston System and all of its component campuses. 

1.2 This policy has been developed to avoid possible conflict of interest, which could result from related persons exercising peer judgment or administrative review of matters pertaining to employment, retention, promotion, or salary determination.

2. DEFINITIONS

A "relative" is defined as follows:

2.1 "First degree of affinity" includes the spouse of the employee and the parents, children, and brothers and sisters of the employee's spouse; 2.2 "Second degree of affinity" includes the grandchildren, nephews and nieces, uncles and aunts, grandmothers and grandfathers, and first cousins of the employee's spouse; 

2.3 "First degree of consanguinity" includes the father and mother, sons and daughters, and brothers and sisters of the employee;

2.4 "Second degree of consanguinity" includes the grandfathers and grandmothers, uncles and aunts, nephews and nieces, grandsons and granddaughters, and first cousins of the employee; 

2.5 "Third degree of consanguinity" includes the great-grandfathers and great-grandmothers, great-uncles and great-aunts, great-nephews and great-nieces, great-grandsons and great-granddaughters, and second cousins of the employee; and

2.6 Persons related by marriage to the employee's relatives.

3. POLICY/PROCEDURES

3.1 Relatives of members of the Board of Regents and Presidents may not be employed by the University of Houston System or its component campuses, unless the employment took place two years prior to the appointment of the board member or president.

3.2 Relatives of presidents may not be employed on the campus where the president is the administrative officer. 

3.3 Relatives of vice chancellors and vice presidents may not be employed on the campus or in the system office where the vice chancellor or the vice president is an administrative officer if the vice chancellor or the vice president must approve promotion or salary recommendations concerning such employee.

3.4 Relatives may not be employed in a supervisory-subordinate relationship by the University of Houston System or its component campuses. If two employees within the University of Houston System or its component campuses marry, both may not continue to hold such positions beyond the specific appointment period if the continued employment of the married persons violates the supervisory-subordinate relationship policy.

3.5 The provision of the nepotism policy applies to all programs administered under the University of Houston System regardless of funding source(s) of the programs.

3.6 This policy in no way affects the fundamental provisions of equal employment opportunity at the University of Houston System and its component campuses.

3.7 The responsibility for checking all new hires to ascertain that all who are hired at the UHD meet the requirements of the university's nepotism policy is as follows:

3.8 The Assistant Vice President of Human Resources and Affirmative Action is responsible for interpreting the UH-Downtown nepotism policy.

3.9 Decisions of the Assistant Vice President of Human Resources may be appealed to the Vice President for Administration.

3.10 The Assistant Vice President of Human Resources and Affirmative Action is responsible for including the university's nepotism policy in the faculty and staff manual.

3.11 The Dean of Student Affairs is responsible for including a reference to the University's nepotism policy in the student handbook.

4. REVIEW AND RESPONSIBILITIES
Responsible Party: Vice President for Administration (Reviewer)

Sexual Assault Policy

(PS 01.A.13)

1.  PURPOSE

This PS sets forth the University of Houston-Downtown (UHD) policy on sexual assault.

2.  POLICY/PROCEDURES

2.1 It is the University policy that sexual assault, including rape and other sex offenses, is a violation of the University's Student's Rights and Responsibilities Policy, the University's Sexual Harassment Policy, and the Texas Penal Code. 

2.1.1 UHD provides programming to enhance sexual assault awareness and prevention throughout the year with specific emphasis during annual Sexual Assault Awareness Week programs.  Selected faculty and staff members and community experts give presentations and provide resources on request.

2.2 A faculty member, staff member or student who commits a sexual assault may also be charged with a violation of the University's Sexual Harassment Policy.  The policy explains which administrator the victim should contact to obtain information about penalties up to and including expulsion for students and termination of employment for faculty and staff.  See the Student Handbook, the Staff Handbook, or the University Policy Statement Manual for more information on the Sexual Harassment Policy.

2.3 A sexual assault victim may seek on-campus assistance by contacting any of the following: UHD Police Department, Counseling, Career and Student Health Services, and the Dean of Student Affairs.  Staff members from these offices can provide assistance in notifying the proper law-enforcement authorities, if the victim so desires.  To file an emergency sexual assault report off-campus, call the Houston Police Department (911) or the Houston Area Rape Crisis Center.  For non-emergency reports of sexual assault to off-campus law enforcement officials, victims should call the Houston Police Department.

2.3.1 Because evidence of a sexual assault and attacker's identity may be left on the victim's body, a victim should not wash in any way until the victim has been examined at a hospital emergency room.  A victim of sexual assault should undergo a physical exam as expediently as possible because the evidence deteriorates quickly and is important in proving the assault in criminal proceedings.  The hospital staff will collect evidence, check for injuries, and deal with the possibility of exposure to sexually transmitted diseases.

2.3.2 A victim who wishes to file a complaint of violation of the University's Sexual Assault Policy against a student should notify the Dean of Student Affairs.  The Dean can assist the victim in reporting the assault to on or off-campus law enforcement authorities.  While the appropriate law enforcement authorities will conduct criminal investigations, the Dean of Student Affairs will conduct an on-campus hearing or investigation.  Possible sanctions against a student found guilty of sexual assault through on-campus proceedings include expulsion, suspension, and probation.  See the Student Rights and Responsibilities Policy Sec. 3.2.21, Sec. 3.2.28, and Sec. 3.2.2.23 found in the Student Handbook for more information on procedures and sanctions.

2.3.3 A victim who wishes to file a complaint of violation of the University's Sexual Assault Policy against a faculty or staff member should notify the Assistant Vice President for Human Resources and Affirmative Action.  The Assistant Vice President for Human Resources and Affirmative Action can assist the victim in reporting the assault to on or off-campus law enforcement authorities.  While the appropriate law enforcement authorities will conduct criminal investigations, the Assistant Vice President for Human Resources and Affirmative Action will conduct an on-campus investigation and/or hearing.  A faculty or staff member found guilty of sexual assault through on-campus proceedings will be subject to receive penalties up to and including termination.  See PS 02.B.03 and PS 10.A.06 for more information on disciplinary procedures and sanctions for faculty and staff members.

2.3.4 The accuser and the accused perpetrator are entitled to have an adviser or advocate present during campus disciplinary proceedings.  Both parties shall be informed of the outcome of any campus disciplinary proceeding alleging sexual assault.

2.3.5 After reporting a sexual assault, a victim may request a change in academic or employment situations.  Accommodations will be made only if so requested by the victim, and only if such changes are reasonably available.  A student victim may request assistance from the Dean of Student Affairs or UHD Police Department.  If the victim is a faculty or staff member, assistance may be obtained from the Assistant Vice President for Human Resources and Affirmative Action, UHD Police Department, and the appropriate supervisor.

2.3.6 Counseling and referral information for survivors of sexual assault is available on campus through Counseling & Career, and Student Health Services and off- campus through the Houston Rape Crisis Coalition, the Houston Health Department V.A.S.A. Program, the Houston Area Women's Center, and the Baytown Area Women's Center.

2.3.7 For more detailed information on sexual assault response and prevention procedures, please refer to the resources available in the following offices: Counseling, Career and Student Health Services, Human Resources, UHD Police Department, and Student Affairs.

3. REVIEW AND RESPONSIBILITIES
Responsible Party: Dean of Student Affairs (Reviewer)

Sexual Harassment Policy

(PS 02.A.15)

PURPOSE

This PS provides a mechanism to protect the rights of claimants and respondents and establishes the foundation for providing a professional working and learning environment free from sexual harassment.

DEFINITION

2.1 Harassment on the basis of sex is discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, and Title IX of the Educational Amendments of 1972, 20 U.S.C. 1681.

2.2 Sexual harassment by a public servant is a criminal offense under Texas Penal Code 39.02, and sexual harassment by any individual may constitute assault, sexual assault, public lewdness, or indecent exposure under Chapters 21 and 22 of the Texas Penal Code.

2.3 Sexual harassment most often exploits a relationship between individuals of unequal power and authority (as, for example, between an employee and supervisor or between a student and teacher), but may also occur between student peers or employees of equal rank.

2.4 Sexual harassment is not limited by gender of either party. 

2.5 Unwelcome sexual advances, requests for sexual favors, verbal and written comments, or physical conduct of a sexual nature may constitute sexual harassment when such conduct: 

2.5.1 is made, either explicitly or implicitly, a term or condition of instruction, employment, or participation in a University activity; or

2.5.2 is used as a basis for evaluation in making academic or personal decisions affecting an individual; or

2.5.3 creates an intimidating, hostile, or offensive University environment.

2.6 Sexual harassing behavior may include, but is not limited to, the following:

2.6.1 Unwelcome sexual flirtations, advances or propositions;

2.6.2 Verbal remarks of a sexual nature (whether directed to an individual or a group), including sexually explicit or offensive jokes;

2.6.3 Graphic or degrading verbal or written comments of a sexual nature about an individual or the individual's appearance;

2.6.4 Any suggestive or unwelcome physical contact;

2.6.5 Conduct of a sexual nature that interferes with a student's academic or extra-curricular activities or with an employee's job performance; or 2.6.6 Physical assault.

POLICY/PROCEDURES

3.1 The ultimate responsibility for the effective implementation of this policy is with the President of the UHD.  The Vice President for Academic Affairs and Provost, the Assistant Vice President for Human Resources and Affirmative Action, and the Dean of Student Affairs will insure that the University's Sexual Harassment Policy is communicated routinely through the faculty, staff and student handbooks.

3.2 Failure of supervisors to investigate allegations of sexual harassment or failure to take timely corrective action is a violation of University policy and may be considered a violation of the law.

3.3 The University shall take preventive and corrective action in cases of sexual harassment; individuals who engage in such misconduct are subject to appropriate disciplinary action.

3.4 Concerted effort will be made to respect the right to confidentiality of all parties involved in a sexual harassment charge and to treat allegations of sexual harassment seriously.  However, confidentiality cannot be absolutely guaranteed.

3.5 Retaliatory action taken against an individual as a result of that person's seeking remedy under the applicable procedures dealing with sexual harassment is prohibited.  Such action shall be regarded as a separate and distinct cause for complaint.

3.6 Malicious charges may result in sanctions being imposed against the complainant by the University, or charges being filed against the complainant by the respondent.  Repeated filing of frivolous complaints will be considered a malicious action.  The failure to substantiate a sexual harassment charge does not automatically constitute a malicious charge.

3.7 This policy does not preclude anyone from pursuing a complaint, at any stage of the process, with an external agency.

3.8 The University sexual harassment procedures are composed of two parts: (1) intervention and (2) a hearing.  The University is committed to resolving sexual harassment complaints at the intervention step whenever possible.  The hearing, the optional second step in this two-step process, must be preceded by the intervention step.

INTERVENTION STEP

3.9 Intervention is an attempt to resolve the sexual harassment complaint rather than focusing on motive or blame.  Resolution at this stage requires the voluntary agreement of all parties.  The University provides trained individuals, including supervisors, to assist in implementing the intervention step.

3.10 Actions that may be taken in the intervention steps include, but are not limited to, the following:

3.10.1 Listening to the complainant to find out what action is desired;

3.10.2 Advising the parties about the scope of the University's Sexual Harassment policy and procedures;

3.10.3 Providing information and materials on recommended actions the complainant may consider to communicate the unwelcome nature of the behavior of the respondent, such as advising the complainant on how to write a letter designed to stop unwelcome behavior;

3.10.4 Sending a letter to everyone in the unit indicating concern about sexual harassment and enclosing a copy of the policy;

3.10.5 Undertaking a preliminary and confidential investigation;

3.10.6 Conducting a workshop on sexual harassment for the unit, division, or department, and keeping an attendance record as proof of notice given to the respondent of this policy;

3.10.7 Having a supervisor speak to and counsel the respondent;

3.10.8 Having the complainant meet with the respondent, with a third party present, to discuss the complaint;

3.10.9 Helping to develop an agreement providing for a letter of apology, a transfer of either party, a voluntary resignation, or other levels of appropriate University sanctions; or

3.10.10 Following up on an inquiry to determine if the complaint has been resolved or if the complainant still wishes to take further action.

3.11 Each complaint shall be documented at the intervention step in a confidential file kept separate from any personnel or student files.  Documentation should include name of the complainant, name of the respondent, the nature of the complaint, date, witness(es) and any other information relevant to the case.

3.12 A statistical reporting procedure indicating the number, type, and disposition of sexual harassment inquiries or complaints received by each unit or division for a specific period covered by the report will be developed and monitored by Affirmative Action Officer. These reports are confidential and will not disclose the names of parties or other identifying details.  A summary report of the data will be presented periodically to the University community by the office of the president.  The president will submit an annual statistical report to the chancellor.

3.13 If the complainant decides to terminate the intervention step or withdraws the complaint, it will not necessarily preclude a University investigation by the Affirmative Action Officer.

HEARING STEP

3.14 All stages of the hearing process shall be accompanied by explicit time limits that are reasonable to all parties.  All participants in each stage of the hearing process shall maintain confidentiality to the greatest extent possible.

3.15 The Affirmative Action Officer is the designated individual charged with facilitating the hearing process.

3.16 The role of the Affirmative Action Officer shall be:

3.16.1 To obtain a written complaint;

3.16.2 To maintain permanent records required by policy;

3.16.3 To determine whether there is sufficient cause to send the complaint to a hearing committee;

3.16.4 If cause is found, the assistant vice president for human resources and Affirmative Action Officer shall, within thirty (30) days from receipt of the complaint:

Notify the respondent, in writing;

Notify the appropriate supervisors and if a student is involved, notify the dean of students; Include in the written notification a statement warning those involved with the complaint, including the supervisors, that retaliation may subject that individual and the institution to additional charges.

3.16.5 If cause is not found, the Affirmative Action Officer will communicate to the complainant in writing, within thirty days from receipt of the complaint, the reasons why the complaint will not be sent forward to a hearing committee.

3.17 The complaint must state the name and address of the complainant, the nature, date and description of the violation(s), the relief requested for corrective action, and any background information the complainant believes would be helpful.  The complaint must be signed and dated by the complainant.

3.18 If the complainant wishes to withdraw the complaint, it will not necessarily preclude a University investigation by AA/EEO representative.

HEARING PANEL

3.19 The hearing panel shall be specifically formed to address sexual harassment cases and shall be distinct from any other formal disciplinary procedures.  The president, using recommendations of constituencies, will make appointments.  All constituencies (student, faculty, and staff) will be represented.  Gender and ethnic diversity will be considered.

3.20 A hearing committee will be selected from among the members of the Hearing Panel by the Affirmative Action Officer.  Constituencies of both the complainant and respondent will be represented.  Both respondent and complainant will have an opportunity to challenge the selection of prospective hearing panel members.  The Hearing Panel chair will consider the challenge and replace the member if appropriate.  A potential hearing committee member may elect not to serve based on a conflict of interest.

3.21 Documents to be presented as evidence and names of potential witnesses must be forwarded to the Affirmative Action Officer within seven business days of the hearing.

3.22 There will be a simultaneous exchange of documents and witness lists between complainant and respondent conducted and documented by the Affirmative Action Officer within four business days of the hearing.

3.23 Only listed witnesses will be allowed to address the hearing committee.  If information is made available to the hearing committee during the course of the hearing, the hearing committee is vested with the authority to request testimony from additional witness(Es) or request additional documentation.  However, additional time must then be provided to both parties to prepare a response.

3.24 The hearing, but not the deliberation, will be recorded so that there is an official record of what occurred.  The Affirmative Action Officer will have responsibility for recording the hearing and no other recording devices will be allowed.  The complainant or respondent may obtain a copy of the tapes from any recorded hearing, at the requesting party's expense.  The Affirmative Action Officer will keep the tapes of the hearing for at least two years after the resolution of the complaint.   

3.25 It is strongly advised that an attorney from the Office of General Counsel sit as an advisor to the hearing committee. This person would be available to answer procedural questions and to assist in maintaining the decorum of the proceeding.  The attorney will not be present in the deliberations.

3.26 Procedures for the hearing include the following:

3.26.1 Parties will have the right to an advisor(s) of their choice.  However, neither party may proceed through their advisor.  Any advisor not listed will not be allowed to attend;

3.26.2 All parties will be afforded a reasonable opportunity for oral opening and closing arguments.  The complainant will make the first opening statement.  The respondent will follow.  After all the witness(Es) are presented, the complainant will make a closing statement, which will be followed by the respondent's closing statement;

3.26.3 Following the opening statements, the complainant will present witness(Es). After the complainant has questioned each witness, the respondent will be given an opportunity to question each witness.  The committee may ask questions of a witness(Es) at any time.  The same procedure will be followed by the respondent.  After both parties and the committee have concluded questioning the witness(Es), the witness(Es) will be excused from the room, being reminded of the confidential nature of the hearing;

3.26.4 Disruptive behavior by any participant, as determined by the Hearing Committee, will not be tolerated and will be grounds for expulsion from the hearing;

3.26.5 After the hearing is concluded, the Hearing Committee will deliberate in closed session and arrive at a majority decision;

3.26.6 The committee will decide if the University's policy has been violated based upon the preponderance of the evidence presented during the hearing.

3.27 Within five business days of the hearing, the committee will provide the Affirmative Action Officer with their decision.  The Hearing Committee will:

3.27.1 Dismiss the complaint for lack of merit; or

3.27.2 Find that the policy against sexual harassment has not been violated; or

3.27.3 Find that the policy against sexual harassment has been violated.  In that case, the Hearing Panel will recommend administrative sanctions that may include disciplinary action up to and including termination of employment for faculty or staff or dismissal from the University for students.  This procedure is to be used in place of all other procedures concerning grievances.  Removal of tenure from a faculty member may only be accomplished through procedures outlined in the Faculty Handbook.

3.28 Copies of the hearing committee's decision and recommendation will be sent to the Affirmative Action Officer and the appropriate vice president.  The vice president will take one of the following actions:

3.28.1 Uphold the hearing committee's decision and accept its recommendations; or

3.28.2 Uphold the hearing committee's decision and impose different sanctions; or

3.28.3 Reject the decision of the hearing committee and take administrative actions.

3.29 The decision will be transmitted to the appropriate supervisor(s) and both parties.

3.30 During the procedures, the complaint and all related documents will be kept strictly confidential, with the exception of maintaining the appropriate administrative officers informed on a "need to know" basis.  At whatever stage the procedure above is completed, the file containing all documentation in the complaint will be sent to the Affirmative Action Officer, and retained as a file with limited access.  All findings of violations of the sexual harassment policy and all sanctions imposed will be added to the respondent's personnel and/or student file.

3.31 Both the complainant and respondent have the right to appeal the vice president's decision and/or recommendation.  Appeals must be submitted to the president within five business days of notification of the Vice president's decision.  The president's decision is final and binding.

4.  MAJOR REVIEW AND RESPONSIBILITIES ASSOCIATED WITH THIS POLICY STATEMENT (PS)
Responsible Party: Vice President for Administration (Reviewer)

Smoking Policy

(PS 01.A.09)

1.  PURPOSE

This PS states the policy and procedures related to smoking on campus.

2.  POLICY/PROCEDURES

2.1 Smoking is not permitted within any building that is the property of the UHD.  It is allowed outside the building in designated smoking areas.  It is not allowed within ten feet of any doorway or building entrance.

2.2 This policy applies to all employees, students, independent contractors, and visitors.

2.3 Compliance with this policy will be obtained through education and respect for the rights of others.  Violations will be referred to the appropriate administrative unit.

3. MAJOR REVIEW AND RESPONSIBILITIES ASSOCIATED WITH THIS POLICY STATEMENT (PS)
Responsible Party: Vice President for Administration (Reviewer)

Student Rights and Responsibilities Policy

(PS 04.A.01)

NOTE: This policy has been provided for informational purposes only and may be subject to change without notice during the distribution period of this handbook.  For more specific information, contact the Office of Student Affairs.

PURPOSE

This PS sets forth for all students of the UHD, both part-time and full-time, the students' rights and responsibilities, the University's guidelines for conduct, and its disciplinary procedures.  All students are expected to be aware of the substance of this PS except in the case of academic dishonesty, which is described in PS 03.A.19.

DEFINITIONS

2.1 "University community" means any full or part-time students, faculty members, members of the staff or any others doing business with the University under contract or on a regular basis.

2.2 "Notice" or "summons" means correspondence (1) deposited with the U.S. postal service by certified mail, addressed to the last known address of the addressee as shown on University records, or (2) personally delivered to the addressee, in which case the execution of a written receipt of delivery by the person delivering the correspondence showing the date, time, and place of delivery is considered sufficient proof of notice.

2.3 "Committee" means the student discipline committee.

2.4 "Disciplinary action" means proceedings under sections 3.4 through 3.10 of this PS.

2.5 "Hazing" means those activities defined in section 4.10, Texas Education Code.

2.6 "Published University policy" means any provision of a Board of Regents order or rule, a published directive, rule, regulation, or policy statement. 2.7 "Record" means all written documents, forms, copies, reports, statements, tape recordings, or tangible evidence in a disciplinary action.

2.8 "University" means the University of Houston-Downtown.

2.9 "University officials "means those in authority who have responsibility for the safety, welfare, and orderly conduct of the University community, or who have had such authority and responsibility delegated to them, including regents, officers, faculty, and administrative staff.

2.10 University property" means property owned, controlled, used, or occupied by the University, including property physically removed from the campus.

2.11 "Referral Notice" means written notification initiating disciplinary action.

2.12 "Preponderance of evidence" means that the proof need only show that the facts are most likely to be so than not so.

3.  POLICY/PROCEDURES

3.1 Rights of Students

3.1.1 Access to Higher Education

Admission to the University is open to anyone qualified according to established admissions standards and resource limitations.  The University must make available to all students the academic and behavioral standards required of all who register at this institution.

3.1.2 Freedom from Discrimination

No student or applicant for admission to the University may be discriminated against on the basis of race, color, religion, sex, age, disability, or national origin by the University or any member of the University community.  The University fully supports equal opportunity and affirmative action.

3.1.3 Freedom of Speech, Expression, and Association

The rights of free speech, expression, and association, as defined by the Constitution of the United States and developed by statutory laws and judicial decisions are guaranteed to every member of the University community.

3.1.4 Rights of Privacy

Students have the right to be secure in their persons, papers, living quarters and effects against unreasonable searches and seizures.  The University reserves the right to conduct inspections for reasons of health and safety.

3.1.5 Rights of Due Process

In administering this code the University guarantees each student accused of violating a published University policy those principles of due process and fundamental fairness established by the Constitution of the United States and developed by statutory law and judicial interpretation.

3.1.6 Confidentiality of Records

Each student must have access to all educational records pertaining to their application to or enrollment in the University and the University must protect student educational records from unauthorized dissemination.  It is University policy to comply fully with the provisions and regulations of the Federal Family Education Rights and Privacy Act of 1974.

3.1.7 Participation in University Shared Governance

The policy statement (PS) system guarantees that right of any member of the University to express opinions or to initiate or participate in the development of administrative policy as described in PS 01.A.01 and PS 01.A.03.

3.1.8 Student Government

The University has authorized and encouraged the establishment of a representative student government with the stipulation that it has no existence separate and apart from the University and that ultimate authority rests with the President of the University.

3.1.9 Student Organizations

The University recognizes the right of students to form organizations not forbidden by federal laws, state laws, or University policy.  Student organizations must be registered and approved through the procedures established in PS 04.A.03, Student Organizations and Activities on Campus.

3.2 Responsibilities of Students

3.2.1 Conduct Required

The conduct of every student should reflect well on the institution and in no case should include conduct prohibited in section 3.2.2.

3.2.2 Conduct Prohibited

No student may engage in any of the following actions:

3.2.2.1 Commit an offense under any federal, state, or municipal criminal statute.

3.2.2.2 Violate any published University policy.

3.2.2.3 Fail to comply with the directives of a University official (defined in section 2.9) in the legitimate performance of their duties.

3.2.2.4 Intentionally furnish false information to the University.

3.2.2.5 Fail to meet financial obligations to the University.

3.2.2.6 Misuse or use without authorization fire extinguishers or other safety equipment on University property.

3.2.2.7 Interfere with or disrupt any University teaching, research, administrative, disciplinary, public service, or other authorized activity.

3.2.2.8 Engage in conduct that endangers the health or safety of any member(s) of the University community.

3.2.2.9 Use or possess University keys for any purpose not authorized by University officials.

3.2.2.10 Participate in any hazing activities.

3.2.2.11 Violate the published University policy on the possession and use of alcoholic beverages on University property.

3.2.2.12 Gamble in any form, as defined by the state of Texas Penal Code, on University property.

3.2.2.13 Possess, use, sell, manufacture or distribute any narcotic or other controlled substance, except as expressly permitted by law.

3.2.2.14 Possess or use any firearm, ammunition, or illegal weapon on University property except as a duly authorized law enforcement officer or for legitimate classroom instruction.

3.2.2.15 Possess, ignite, or detonate, except for instructional use, any explosive device, fireworks, liquid, or object which is flammable or which could cause damage by fire or explosion to persons or property while on University property.

3.2.2.16 Steal, destroy, damage, or maliciously misuse property belonging to the University or to any member(s) of the University community.

3.2.2.17 Alter, tamper, forge or knowingly use falsified documents or records of the University (including, but not limited to UHD parking permits and student IDs); being party to falsification; giving or providing false statements, written or oral; and/or providing false information during any University proceeding or to any University official.

3.2.2.18 Advocate either orally or in writing the conscious and deliberate violation of any federal, state, or local law. "To advocate,” means to address an individual or group for imminent action and steer it to such action as opposed to the abstract espousal of the moral propriety of a course of action.

3.2.2.19 Enter or use any University buildings, facilities, equipment, or resources without proper authorization.

3.2.2.20 Fail to maintain a current official mailing address in the Enrollment Services or give a false address.

3.2.2.21 Knowingly (1) initiate, communicate, or circulate a report of a present, past, or future bombing, fire, offense, or other emergency that is false or baseless and that would ordinarily cause action by an official or volunteer agency organized to deal with emergencies; (2) place any member(s) of the University community in fear of imminent serious bodily injury; or (3) forcibly prevent or interrupt the occupation of building, room, or aircraft, automobile, or other mode of conveyance.

3.2.2.22 Theft or other abuse of computer time, including but not limited to:

1) unauthorized entry into a file, to use, read, or change the contents or for any other purpose;

2) unauthorized transfer of a file;

3) unauthorized use of another individual's identification and password;

4) use of computing facilities to interfere with the work of another student, faculty member or University official;

5) use of computing facilities to send obscene or abusive messages;

6) use of computing facilities to interfere with normal operation of the University computing system.

3.2.2.23 Intentionally, knowingly, or recklessly harass or threaten to take unlawful action against any member(s) of the University community, thereby causing or intending to cause harm or alarm.

3.3 Definitions of Disciplinary Actions

3.3.1 The following penalties may be imposed when a student engages in prohibited conduct and may be imposed separately or in addition to other penalties:

3.3.1.1 "Warning" is a verbal or written notice to a student who has violated a published University policy and whose continuation of such conduct may result in further disciplinary action.

3.3.1.2 "Restricted privileges" is denial or restriction of one or more privileges granted to students on University property.  These may be, but are not limited to, the use of an automobile on campus, dining on campus, visiting the campus, or participating in athletics or other extracurricular activities.  The restriction may be imposed only for a definite period of time.

3.3.1.3 "Restitution" is paying, either with money or the performance of specific duties, for damage to or loss/misappropriation of property.

3.3.1.4 "Disciplinary probation" is a warning that a student's continued enrollment is conditioned upon adherence to published University policies.  Probation may be imposed only for a definite period of time but automatically restricts the following privileges:

a) A student on disciplinary probation is ineligible to hold or be elected to an office of any student organization recognized by the University.

b) A student on disciplinary probation may not represent the University in any special honorary role.

3.3.1.5  "Withholding transcripts" is a penalty that prohibits a student from receiving or the coordinator of records from issuing official transcripts.

3.3.1.6 "Non-readmission" is a prohibition against a student's readmission to the University.

3.3.1.7 "Suspension" is separation from the University for a definite time during which the student will not be permitted to attend classes or participate in any University activity.

3.3.1.8 "Expulsion" is permanent separation from the University.

3.4 Reporting, Processing, and Administrative Disposition of Disciplinary Infractions

3.4.1 Discipline in the Academic Environment

3.4.1.1 Faculty members, with the support of their respective department chairs and academic deans, are responsible for maintaining decorum in the classroom, laboratories, faculty offices and the immediate vicinity adjacent to the classrooms, laboratories or offices.

3.4.1.2 Discipline violations (as delineated in 3.2.2) in the academic environment are best handled using oral guidance to the involved student.  If the infraction cannot be controlled by verbal instructions, the faculty member may ask the student to leave.  The student may be asked to leave, for not more than two class periods or one class period if the class meets only once per week, the classroom, laboratory, office, or other area and to report to the appropriate academic department office at some specified time.

3.4.1.3 If the meeting in the departmental office does not resolve the conflict between the faculty member and the student, the faculty member should complete a Student Disciplinary Report Form detailing the alleged incident.  The faculty member will give the student the completed Student Disciplinary Report Form and a copy of this policy and will ask the student to sign the Student Disciplinary Report Receipt.

3.4.1.4 If the student admits responsibility of the incident and accepts the warning, the student will check the appropriate block in Part II of the report, sign the form, and return it to the faculty member. If the recommended penalty is other than a warning or the student denies responsibility for the incident, he/she requests a hearing with the appropriate department chair and the faculty member by checking the appropriate block, signing the form and returning to the faculty member.

3.4.1.5 The appropriate department chair shall conduct the hearing with the student and faculty member to review the facts and attempt to resolve the problem. If the infraction warrants disciplinary action beyond a warning, the chair shall consult with the academic dean and shall forward the chair/dean's recommendation to the Discipline Officer for further action. In all cases, copies of the completed Student Disciplinary Report shall be forward to the department chair, the academic dean and the Student Affairs Office for the respective files.

3.4.2 Discipline at the University Level

3.4.2.1 The designated Discipline Officer in the Division of Student Affairs is the principal administrator for student discipline at UHD.

3.4.2.2 When the Discipline Officer receives a Referral Notice alleging a violation of a published University policy the Officer shall investigate the report and meet with the initiator of the complaint. If the Officer determines that disciplinary action may be warranted, the student shall be notified in writing of the alleged violation of policy and a procedural interview is scheduled within five working days from the date of notification.

3.4.2.3 Failure to appear at the procedural interview shall constitute a separate violation and may result in further disciplinary action.

3.4.2.4 A copy of the Student Handbook and a copy of the Referral Notice will be made available at the time of the interview.

3.4.2.5 Within five working days of the procedural interview the student is required to choose either a hearing before the Student Discipline Committee or an Administrative Review with the Officer. The student shall indicate his/her choice in writing.

3.4.2.6 The Officer shall notify the student of the time, date and place of the hearing or the Administrative Review.     

3.4.3 Administrative Review

The student's appearance before the Officer is formal.  The Officer must give the student an opportunity to relate or explain any facts bearing on the alleged violation.  After a fair and impartial assessment, the Officer must determine whether a published University policy was violated; if so, the appropriate disciplinary sanction will be issued.  The Officer will advise the student in writing of his/her decision within five (5) working days of the review.

3.4.4 Acceptance of Administrative Disposition

The Officer shall discuss his/her decision with the student and give the student an opportunity to accept the decision.  If the student chooses to accept the decision, he/she so indicates in writing and waives his right to appeal.

3.5 Interim Suspension

3.5.1 In the event the Discipline Officer has reasonable cause to believe that a student's continued presence on University property poses an immediate threat to the safety of the student, others, or University property, the Officer may suspend the student and exclude the student from University property pending a hearing.

3.5.2 Upon deciding to suspend a student under 3.5.1 above, the Dean of Student Affairs must notify the student by the most expeditious means available.

3.5.3 After sending notice of a temporary suspension to a student, the Dean must immediately proceed to organize a hearing as in disciplinary actions generally to be held as soon as possible and in accordance with sections 3.7, 3.8, and 3.9 of this PS.

3.6 Hearings

3.6.1 The following procedural guidelines shall be applicable in disciplinary hearings:

3.6.1.1 The student will be provided written notification of the published University policy alleged to have been violated;

3.6.1.2 The student will be provided written notification of the date, time, and location of the hearing;

3.6.1.3 The student will be provided with the names of all known witnesses, their expected testimony, and a description of all other evidence known at the time of the notification;

3.6.1.4 The student may bring an advisor, who may be an attorney, but who sits in an advisory capacity only and who may address the committee only if the chair grants permission;

3.6.1.5 The student may have present parents or legal guardians;

3.6.1.6 The student may cross-examine witnesses for the University;

3.6.1.7 The student may present witnesses and other evidence;

3.6.1.8 The student may have a copy of the record of the hearing at his/her expense.

3.6.2 The chair of the student discipline committee initiates the hearing upon notification by the Officer of a request for a hearing or of a temporary suspension. A minimum of three committee members is required to conduct a hearing.

The student discipline committee, appointed by the president, is composed of three faculty members, a staff member from student affairs, and three students recommended by the student government association.  These students must have declared a major at UHD, have completed 60 semester credit hours, 30 of which must be at UHD, and be in good academic standing.  The chair will be elected by the group, but will not be a student.

3.6.3 The hearing must be conducted no earlier than six or later than twelve working days after the request is filed or notice of interim suspension is given.

3.6.4 As soon as the time of hearing is set, the Officer must provide the student with a written notice containing the following information:

3.6.4.1 A statement of the charges and a factual description of the alleged conduct upon which the charges are based;

3.6.4.2 The date, time, and location of the hearing;

3.6.4.3 A reference to this document (PS 08.03);

3.6.4.4 A list of witnesses expected by the Officer at the time of the notice to testify, together with their expected testimony, and a description of any other evidence expected and known at the time of the notice; 

3.6.4.5 A statement of the student's rights in the hearing.

3.7 General Rules for a Hearing

3.7.1 The chair of the student discipline committee may postpone a hearing upon receiving a written request for postponement no later than 24 hours before the hearing, and showing good cause, from the student, the complainant, or the Discipline Officer.

3.7.2 The committee chair describes the procedures to be followed, rules on the admissibility of evidence, and controls decorum in the hearing.  Members of the committee may freely question any witness.

3.7.3 Upon the request of the student or any committee member, or upon his own initiative, the Officer may request that additional witnesses testify before the committee.  A letter requesting that someone give testimony to the committee must be personally delivered or sent by certified mail.

3.7.4 A person will be designated as facilitator of an official recording.  The student may have a copy of the tape at his/her own expense.

3.7.5 During the hearing, only the committee members, the Officer, the student, the student's advisor, the student's parents or legal guardians, and the witness currently testifying will be allowed in the hearing room.  No witness after testifying may remain in the hearing room. 

Everyone present must treat the matters discussed as completely confidential.  All copies of documents provided to the committee must be returned to the Student Affair's Office at the conclusion of the hearing where they will be maintained for five years and then destroyed.

3.7.6 Legal rules of evidence do not apply to hearings.  Any relevant evidence must be admitted if it is credible and is the sort that reasonable people would rely upon in the conduct of their affairs.  An indictment, information, or complaint filed in a court of law will not be considered conclusive evidence.

3.8 Procedural Rules for a Hearing

3.8.1 The chair of the student discipline committee shall ask all parties entitled to be present to enter the hearing room.

3.8.2 The chair shall read a statement that reminds all participants that the proceedings of the hearing must remain confidential.

3.8.3 The chair reads the complaint.

3.8.4 The Officer shall present evidence and witnesses in support of the allegations against the student.

3.8.5 The student may present evidence and witnesses in his/her defense.  The student may cross-examine witnesses.

3.8.6 The Officer and student may present rebuttal evidence.

3.8.7 The Officer and student may present brief summation arguments.

3.8.8 The committee must deliberate in private and determine, by majority vote, if there is a preponderance of evidence that the student violated a published University policy.  It must state in writing each finding of the violation of a published University policy.  The committee must then state in writing the sanction to be recommended.  Only the chair signs the decision.  Any member of the committee including the chair may file concurring or dissenting opinions with the record in the case.

3.8.9 Within five working days following their decision, the committee must inform the student and the complainant in writing of its decision and if a disciplinary sanction has been recommended to the Discipline Officer.

3.8.10 If the student fails to appear, the hearing may continue without him/her.

3.9 Appeals and Review

3.9.1 All disciplinary decisions of the Discipline Officer, except those in which the penalty is a warning, may be appealed to the dean of student affairs officer who shall render a decision.  The student shall be notified of this decision in writing within 10 working days of receipt of the appeal.  This decision is final; however, the dean of student affairs may refer to the vice president for academic affairs.  After review by the vice president for academic affairs, the decision is final and binding and the student is notified of it in writing within 10 working days following the referral.

3.10 Finality of Disciplinary Actions

3.10.1 No penalty may take effect until a decision for disciplinary action becomes final.  Disciplinary actions become final in the following ways:

3.10.1.1 The student's acceptance of the faculty member's verbal warning.

3.10.1.2 After the department hearing, the student accepts the academic department chair's verbal warning.

3.10.1.3 After administrative disposition by the Discipline Officer, the student may accept the Officer's decision.

3.10.1.4 After review by the Chief Student Affairs Officer, the student accepts the decision.

3.10.1.5 After the student discipline committee hearing and notification of the decision of the student discipline committee the student lets the time expire in which to file a notice of appeal.

3.10.1.6 After review by the Vice President for Academic Affairs, a final and binding decision is rendered, and the student is notified of this final decision.

3.11 Any penalties assigned under this PS must be noted in the student's disciplinary action file in the Office of Student Affairs.  This includes all actions taken in accordance with paragraphs 3.4.1 and 3.4.2.

4. REVIEW AND RESPONSIBILITIES
Responsible Party: Dean of Student Affairs (Reviewer)

State Policy Prohibiting Hazing

Hazing on the part of students, faculty, or staff is strictly forbidden, whether on or off campus.  The sate law providing penal sanctions in the event of a conviction of hazing is section 4.19, Texas Education Code, and provides in part, as it pertains to students, as follows:

1.        No student of the University of Texas, or any state school of Texas, or any other state-supported institution of higher education, shall engage in what is commonly known and recognized as hazing, or encourage, aid, or assist any other person thus offending.

2.        "Hazing" is defined as follows:

2.1.      Any willful act by one student alone or acting with others, directed against any other student of such educational institution, done for the purpose of submitting the student made the subject of the attack committed, to indignity or humiliate without his consent;

2.2.      any willful act of any one student alone, or acting with others, directed against any other student of such educational institution, done for the purpose of intimidating the student attacked by threatening such student with social or other ostracism, or of submitting such student to ignominy, shame, or disgrace among his fellow students, and acts calculated to produce such results;

2.3.      Any willful act of any one student alone, or acting with others, directed against any other student of such educational institution, done for the purpose of humbling, or that is reasonably calculated to humble the pride, stifle the ambition, or blight the courage of the student

2.4.      attacked, or to discourage any such student from longer remaining in such educational institution or reasonably to cause him to leave the institution rather than to submit to such acts; or

2.5.      Any willful act by any one student alone, or acting with others, in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do so or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution or any assault upon any such students made for the purpose of committing any of the acts, or producing any of the results, to such student as defined in this section.

3.        No teacher, instructor, member of any faculty, or any officer or director, or a member of any government board of any state-supported educational institution shall knowingly permit, encourage, aid, or assist any student in committing the offense of hazing, or willfully acquiesce in the commission of such offense, or fail to report promptly his knowledge or any reasonable information within his knowledge of the presence and practice of hazing in the institution in which he may be serving to the executive head or governing board of such institution.  Any act of omission or commission shall be deemed "hazing" under the provisions of this section.

4.        Any student of any state-supported educational institution of this state who shall commit the offense of hazing shall be fined not less than $25 nor more than $250 or shall be confined in jail not less than 10 days nor more than three months, or both.