EFFECTIVE DATE: August 18, 2015
ISSUE #: 7
PRESIDENT: Michael A. Olivas (Interim)
PURPOSE
1.1 The University of Houston-Downtown, as an educational institution, has a special set of
interests and purposes essential to its effective functioning. These include; (a) the
opportunity for students to attain their educational objectives, (b) the creation and
maintenance of an intellectual and educational atmosphere throughout the University,
and (c) the protection of the health, safety, welfare, property, and human rights of all
members of the University, and the property of the university itself. In the area of student
conduct, the University has a clear responsibility to protect and promote the pursuit of its
goals. The Student Rights and Responsibilities policy (PS 04.A.01) emphasizes the
University’s commitment to promote the freedom, intellectual development, and
personal responsibility of its students.
1.2 This policy statement (PS) sets forth for all students of the University of Houston-Downtown (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, Academic Honesty Policy.
1.3 The University of Houston-Downtown supports the concept of educational discipline -
educating the student through appropriate sanctioning when circumstances permit; but
should the student demonstrate an unwillingness to obey the rules governing conduct,
the student will be treated in the same manner as one who has failed academically.
Students are expected to adhere to, and will be held accountable for adhering to, all
federal, state, and local laws in addition to all University policies and regulations not
mentioned herein.
1.4 A student admitted to the University of Houston-Downtown accepts the responsibility to
conform to all University of Houston-Downtown rules and regulations. Proven failure to
meet this obligation will justify appropriate disciplinary action including, but not limited to,
expulsion, suspension, disciplinary probation, reprimand or warning. Although the
University will make every reasonable effort to make the rules and regulations available,
students are responsible for becoming familiar with them.
1.5 The University of Houston-Downtown student conduct process is the responsibility of
the Dean of Students Office. The Student Conduct Officer, under the direction of the
Dean of Students, will supervise the implementation of the student conduct process
and procedures.
DEFINITIONS
2.1 “Appellate Officer” includes the Provost and the Dean of Students and/or their respective
designees.
2.2 “Business Day” means Monday through Friday during regular University business hours.
2.3 “Committee” means the Student Discipline Committee.
2.4 “Disciplinary action” means proceedings under section 3.3 of this PS.
2.5 “Handbook” means the official UHD Student Handbook.
2.6 “Hazing” means those activities defined in the Texas Education Code Sec. 37.151 et seq.,
the Prohibited Conduct Section of the Student Rights and Responsibilities policy
regarding Hazing, and the UHD Hazing Policy.
2.7 “Hearing Officer” includes the Dean of Students, or the Student Conduct Officer and the
Student Discipline Committee.
2.8 “Notice” means correspondence sent to the addressee by the means identified in Section
4.3.2. of the Student Rights and Responsibilities regarding Notice.
2.9 “Policy” refers to the UHD Student Rights and Responsibilities.
2.10 “Preponderance of the evidence” is the standard of review in the student discipline
process which evaluates whether it is more likely than not that the student did violate a
policy provision and/or University policy.
2.11 “Procedures” means the Student Disciplinary Procedures.
2.12 “Published University policy” means any provision of a Board of Regents order or rule,
a published directive, rule, regulation, or policy statement.
2.13 “Record” means correspondence referenced herein relating to the Student Disciplinary
Procedures and all hard copy or electronic documents, forms, copies, reports, statements,
recordings, or tangible evidence presented in a disciplinary hearing or conference.
2.14 “Referral Notice” refers to the notice initiating disciplinary action.
2.15 “Respondent” means accused student.
2.16 “Sanction” means penalty for violation of the Prohibited Conduct Section of the Student
Rights and Responsibilities.
2.17 “Student” means a person who; (a) is currently enrolled at the University; (b) is accepted
for admission or readmission to the University; (c) has been enrolled at the University in
a prior semester or summer term and is eligible to continue enrollment in the semester or
summer term that immediately follows; (d) is attending an additional program sponsored
by the University while that person is on campus; or (e) has engaged in prohibited
conduct at a time when he/she met the criteria of (a), (b), (c), or (d).
2.18 “Student Conduct Officer” means the person designated to manage the Student Conduct
process.
2.19 “University” means the University of Houston-Downtown.
2.20 “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.
2.21 “University officials” means those persons in an official university capacity or those who
have been given the authority and the responsibility by the appropriate agency or person,
including regents, officers, faculty, and administrative staff.
2.22 “University grounds” means property owned, leased, controlled, used, or occupied by
the University including property physically removed from campus.
2.23 “University property” means property owned, controlled, used, or occupied by the
University, including property physically removed from the campus.
2.24. ”Bullying” means humiliating, abusing, or threating conduct or behavior that denigrates
or shows hostility or aversion toward and individual or a group, or creating an
intimidating, hostile, or abusive learning, living or working environment that alters the
conditions of learning, living or, or an unreasonable interference with an individual’s
academic or work performance. Bullying includes but is not limited to using the internet,
interactive, digital technologies or mobile phones to facilitate bullying activities.
POLICY
3.1 Application and Jurisdiction
3.1.1 Students are subject to applicable federal, State, and local laws; University of
Houston-Downtown rules, regulations, and policies, including those set forth in
UH System Administrative Memoranda.
3.1.2 Students may be disciplined by the University for violating any of the conduct
standards on University grounds or off University grounds when the incident
occurs in connection with a University sponsored or affiliated activity or program,
when the incident has a substantial connection to the interests of the University,
when the incident poses a threat of serious harm to any member of the University
community, or when the behavior is prohibited by University policy regardless
of where it occurs, even if the student is or may be penalized by civil or criminal
authorities for the same act.
3.1.3 University disciplinary action may be instituted against a student charged with
conduct that potentially violates both criminal law and University policy without
regard to pending civil litigation or criminal arrest and prosecution. At the
discretion of the Dean of Students Office, University disciplinary proceedings
may be carried out prior to, simultaneously with, or following criminal
proceedings. Determinations made and/or sanctions imposed as a result of
University disciplinary proceedings will not be subject to change because
criminal charges arising out of the same facts that resulted in the violation of
University rules were dismissed, reduced, or resolved in favor of or against a
criminal law defendant.
3.1.4 Students are subject to University disciplinary action for prohibited conduct that
occurs while the student is participating in off-campus activities sponsored by or
affiliated with the University including, but not limited to, field trips, retreats, and
study abroad programs.
3.1.5 Students are subject to University disciplinary action if the student withdraws
from classes while a conduct matter is pending.
3.1.6 Any conduct that is a potential violation of the University System Sexual
Misconduct Policy or Discrimination and Harassment Policy will be exclusively
processed, investigated and addressed pursuant to those policies and not the
Student Rights and Responsibilities Policy, except as provided herein if the Title
IX Coordinator has reasonable cause to believe that a student’s presence on
University premises or at a University-related or registered student organization
activity poses a significant risk of substantial harm to the safety or security of any
member of the University community or to property, The Title IX Coordinator
may request the issuance of an interim suspension pursuant to the Interim
Suspension section of the Student Rights and Responsibilities Policy. If a student
is found to be in violation of the University’s Sexual Misconduct Policy or
Discrimination and Harassment Policy, and s/he wishes to appeal any sanction(s)
imposed by the Dean of Students Office, his/her appeal shall be brought pursuant
to the appeal section of the Student Rights and Responsibilities Policy.
3.2 Rights of Students
3.2.1 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.
3.2.2 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.
3.2.3 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.
3.2.4 Rights of Privacy
Students have the right to be secure in their persons, papers, and personal effects
against unreasonable searches and seizures. The University reserves the right to
conduct inspections for reasons of health and safety.
3.2.5 Rights of Due Process
In administering this policy, 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. This shall include adequate
notice, a meaningful opportunity to be heard, and the right to an appeal.
3.2.6 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 (FERPA) and other privacy regulations
where applicable, such as the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
3.2.7 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, UHD Policy and Procedure System, and PS 01.A.03, Academic Shared Governance Policy.
3.2.8 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.
3.2.9 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.
3.2.10 Student Complaints
All students have a right to register complaints or concerns regarding their
experience at the University of Houston-Downtown and to receive a timely
response from the appropriate university official. UHD has established policies
to address the following complaints: grade appeals, sexual harassment reports, or
concerns about disabilities. The following steps establish the process to be
followed by all parties for complaints in areas in which no other specific policies
exist.
3.2.10.1 The student should attempt to resolve the issue at the office that is the
source of the complaint by speaking with a supervisor or department
head. At that time, the supervisor should indicate to the student whether
the issue is academic or non-academic, and the appropriate policy and
personnel to address the issue. If the process for a particular complaint
is not addressed in an existing policy, all parties should proceed
according to the following steps.
3.2.10.2 If in the opinion of the student step #1 does not result in a satisfactory
resolution, the student may opt to submit a written complaint by filling
out the appropriate grievance form, available online and in hard copy
format from the Office of the Dean of Students. An administrator or
staff member can submit a grievance form on behalf of a student;
however, the student must consent to the administrator doing so on his
or her behalf.
3.2.10.3 A staff member will then direct the information to the Dean of Students
who shall determine an appropriate course of action, including referring
the manner to the appropriate office.
3.2.10.4 As noted on the form, students can expect to be contacted within 24
hours regarding their concern by the Office of the Dean of Students or
designated office.
The university will maintain a record of complaints for a minimum of five years in the Office of
Student Affairs and in accordance with city, state and/or national records maintenance standards.
3.3 Responsibilities of Students
3.3.1 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 Conduct Prohibited.
3.3.2 Conduct Prohibited
No student may engage in any of the following actions:
3.3.2.1 Advocate Prohibited Behavior - 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.
3.3.2.2 Aiding and Abetting - Assisting, hiring, or encouraging another person
to engage in a conduct violation.
3.3.2.3 Complicity – A student shall not, through act or omission, assist another
student, individual, or group in committing or attempting to commit a
violation of this policy. A student who has knowledge of another
committing or attempting to commit a violation of the Student Rights
and Responsibilities policy is required to remove him or herself from
the situation and failure to do so when reasonable under the
circumstances may be the basis for a violation of this policy.
3.3.2.4 Criminal Offense - Commit an offense under any federal, state, or
municipal criminal statute.
3.3.2.5 Destruction of Property - Intentionally or recklessly damaging,
destroying, defacing, or tampering with University property or the
property of any person or business on campus.
3.3.2.6 Discrimination - Intentional discrimination against a person or group of
people on the basis of race, color, religion, national origin, sex, age,
disability, veteran status, or sexual orientation except where such distinction
is allowed by law.
3.3.2.7 Disruption/Obstruction - Obstructing or interfering with University
functions or any University activity. Disturbing the peace and good order
of the University by, among other things; fighting, quarreling, excessive
noise, or any behavior that causes or threatens to cause a material
disruption to the residential, business or academic functions of the
University, including but not limited to, a material disruption by the use
of all types of cameras, electronic tablets, cell phones, and/or
communication devices.
3.3.2.8 Disruptive Classroom Conduct – Disruptive classroom conduct means
engaging in behavior that substantially or repeatedly interrupts either the
instructor’s ability to teach or student learning. The classroom extends to
any setting where a student is engaged in work toward academic credit or
satisfaction of program-based requirements or related activities.
3.3.2.9 Failure to Appear - Failing to appear at the request of any Hearing
Officer or failure to schedule an appearance with a Hearing Officer as
directed by University police or any other University official.
3.3.2.10 Failure to Comply or Identify - Failure to comply with directions of
University officials, police, or any other law enforcement officers acting
in the performance of their duties, or failing to identify oneself to these
persons when requested to do so.
3.3.2.11 Failure to Maintain Current Address - Failure to maintain a current
official mailing address in the Office of the Registrar or give a false
address.
3.3.2.12 Failure to Report or Respond - Failure to report or respond as directed
by the Dean of Students or designee on any matter including, but not
limited to, a request to meet concerning an issue or a notice alleging a
violation of the Student Rights and Responsibilities policy.
3.3.2.13 False Conduct Allegation - Making a prohibited conduct allegation
against a member of the University community that is knowingly false.
3.3.2.14 False Report of Emergency - 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.
3.3.2.15 False Statements - 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.
3.3.2.16 Falsification of Records - Altering, tampering, forging, or knowingly
using falsified documents or records of the University, including, but not
limited to, UHD parking permits and student IDs. Falsifying, attempting
to falsify, conspiring to falsify or knowingly using falsified academic
records including, but not limited to, altering or assisting in the alteration
of any official record of the University and/or submitting false information
or omitting information that is required for or related to any academic
record. Academic records include, but are not limited to, applications for
admission, application for the awarding of a degree, registration materials,
grade change forms, and other documents or forms used by the Office of
the Registrar. A former student who engages in this prohibited conduct
may be subject to a bar against readmission, the revocation of a degree,
and/or the withdrawal of a diploma under the Student Disciplinary
Procedures.
3.3.2.17 Forcible Entry or Trespass - Forcible or unauthorized entry to any
University building, structure, or facility and/or unauthorized entry to or
use of University grounds.
3.3.2.18 Gambling, Wagering, and/or Bookmaking - Gambling, wagering,
and/or bookmaking as defined by federal, state, and /or local laws on
University grounds or by using University equipment or services.
3.3.2.19 Hazing - Any intentional, knowing, or reckless act, occurring on or off
the University of Houston-Downtown campus, by one or more person
alone or acting with others, directed against a student, that endangers
the mental or physical health or safety of a student for the purpose of
pledging, being initiated into, affiliating with, holding office in or
maintaining membership in any organization whose members are or
include students of the University. Texas Education Code 37.151
3.3.2.20 Bullying: Humiliating, abusing, or threating conduct or behavior that
denigrates or shows hostility or aversion toward and individual or a
group, or creating an intimidating, hostile, or abusive learning, living or
working environment that alters the conditions of learning, living or, or
an unreasonable interference with an individual’s academic or work
performance. Bullying includes but is not limited to using the internet,
interactive, digital technologies or mobile phones to facilitate bullying
activities.
3.3.2.21 Mental or Bodily Harm- (a) Intentionally inflicting mental or bodily
harm upon any person; (b) taking any action for the purpose of inflicting
mental or bodily harm upon any person; (c) taking any reckless, but not
accidental, action from which mental or bodily harm could result to any
person; (d) engaging in conduct, including, but not limited to stalking,
that causes a person to believe that the offender may cause mental or
bodily harm; (e) communicating a threat to cause mental or bodily harm
to any person; (f) any act which demeans, degrades, or disgraces any
person and that causes, or would be reasonably likely to cause, mental or
bodily harm. “Any person” as used in this section may include oneself.
3.3.2.22 Misuse of Identification - Transferring, lending, or borrowing
University identification.
3.3.2.23 Misuse of Safety Equipment - Unauthorized use or alteration of
firefighting equipment, safety devices, or other emergency equipment.
3.3.2.24 Misuse or Abuse of Computers - Unauthorized use or misuse of any
University computer, computer system, service, program, data, network,
cable television network, or communication network. The inappropriate
or disproportionate use of an information technology resource owned or
controlled by the University or use of an information technology
resource for an illegal, threatening, harassing, abusive, or intentionally
destructive purpose. Failure to comply with laws, 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. Breach of computer security,
harmful access or invasion of privacy.
3.3.2.25 Photographing or Videotaping - Photographing, videotaping, filming,
digitally recording, or by any other means, secretly viewing with or
without a device, another person without that person’s consent in any
location where the person has a reasonable expectation of privacy, or in
a manner that violates a reasonable expectation of privacy. This section
does not apply to lawful security surveillance filming, or recording that
is authorized by law enforcement or authorized University officials.
3.3.2.26 Possession of Dangerous Weapons - Unauthorized possession of any
weapon prohibited by the Texas Penal Code including, but not limited
to, firearms, illegal knives, tire deflation devises, dangerous chemicals,
or any explosive device of any description such as compressed air guns,
pellet guns, BB guns, shotguns, or the ammunition of any firearm or
other dangerous weapon or explosive device on University grounds.
Possessing a dangerous weapon in your vehicle constitutes a violation
of this section; however, it shall not be a violation of this section if an
individual, who possesses a concealed handgun license, stores or
transports his or her licensed and lawfully possessed handgun and/or
ammunition in his or her own locked privately owned or leased vehicle.
3.3.2.27 Possession of Stolen Property - Possessing property known to the
possessor to be stolen and that may be identified as property of the
University or any other person or business.
3.3.2.28 Public Intoxication -Presenting a threat to oneself or others due to being
under the influence of alcoholic beverages or other drugs.
3.3.2.29 Sexual Misconduct - Violation of the UHD Student Sexual Misconduct
Policy including, but not limited to, engaging in or attempting to engage
in sexual assault, sexual exploitation, sexual intimidation, and/or sexual
harassment.
3.3.2.30 Theft - Theft, or attempted theft, of property or services from any person
or any business on University grounds.
3.3.2.31 Threatening Behavior - 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.
3.3.2.32 Unauthorized Use of Alcoholic Beverages - Possession, distribution, or
consumption of alcoholic beverages except during events or in
circumstances authorized by University officials and/or failure to
comply with state or University regulations regarding the use or sale of
alcoholic beverages.
3.3.2.33 Unauthorized Use of Property or Service - Unauthorized use of property
or services or unauthorized possession of University property or the
property of any other person or business.
3.3.2.34 Unauthorized Use of University Keys - Unauthorized use, distribution,
duplication, or possession of any key(s), access card(s), or access
code(s) issued for any building, laboratory, facility, room, or other
University property.
3.3.2.35 Use, Manufacture, Distribution, Sale, Offer for Sale, or Possession of
Controlled Substances or Drug Paraphernalia - The use, manufacture,
distribution, sale, offer for sale, or possession of any controlled
substances, including but not limited to, barbiturates, hallucinogens,
amphetamines, cocaine, opium, heroin, or marijuana. Controlled
Substances and Drug Paraphernalia are defined by Texas law.
3.3.2.36 Violation of University Policies and Procedures - Violation of
University policies and procedures including, but not limited to, those
published in the UHD Student Handbook.
3.3.2.37 Violation of Probation - Violation of the policy while on disciplinary
probation, or violation of the terms of disciplinary probation.
3.4 Definitions of Disciplinary Actions
3.4.1 The following penalties may be imposed when a student engages in prohibited
conduct and may be imposed separately or in addition to other penalties:
3.4.1.1 "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.
3.4.1.2 "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.
3.4.1.3 "Restitution" is paying, either with money or the performance of
specific duties, for damage to or loss/misappropriation of property.
3.4.1.4 "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:
3.3.1.4.1 A student on disciplinary probation is ineligible to hold or
be elected to an office of any student organization
recognized by the University. A student on disciplinary
probation may not represent the University in any special
honorary role.
3.3.1.4.2 A student on disciplinary probation is ineligible to hold or
be elected to an office of any student organization
recognized by the University. A student on disciplinary
probation may not represent the University in any special
honorary role.
3.4.1.5 "Withholding transcripts" is a penalty, which prohibits a student
from receiving or the Registrar from issuing official transcripts.
3.4.1.6 "Non-readmission" is a prohibition against a student's readmission
to the University.
3.4.1.7 "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.
3.4.1.8 "Expulsion" is permanent separation from the University.
3.4.1.9 “Revocation of Admission and/or Degree” may be imposed for
fraud, misrepresentation, or other violations of University rules in
obtaining admission or a degree, or for other serious violations
committed by an applicant or by a student prior to the awarding of
the degree.
3.4.1.10 Interim Suspension - In the event the Dean of Students has
reasonable cause to believe that a student's continued presence on
University premises or at a University-related or registered student
organization activity poses a significant risk of substantial harm to
the safety or security of any member of the University community
or to property, the student may be immediately suspended from all
or any portion of University premises, University-related activities
or registered student organization activities. This temporary
suspension will be confirmed in writing and shall remain in effect
until the conclusion of an Administrative Review or Student
Discipline Committee hearing, without undue delay, in accordance
with the Student Disciplinary Rules.
3.4.1.10.1 The Hearing Officer will notify the student(s) of the
interim suspension by the most expeditious means
available. This notice will include a statement of the
regulation(s) that the student allegedly violated, a
specific statement of the facts constituting the
alleged violation, and will direct the student(s) to
contact the Dean of Students Office to schedule a
Procedural Interview with the Hearing Officer
within five business days of the notice. The notice
will also include a copy of the Student Rights and
Responsibilities policy and/or the web address of the
policy. The notice of interim suspension may be
recommended initially by the Chief of Police or
designee when there is reasonable cause to believe
that the student(s) poses an immediate threat to the
University community. In such cases, the Hearing
Officer will subsequently issue notice of interim
suspension pursuant to this section.
3.4.1.10.2 After sending notice of an interim suspension to a
student, the Hearing Officer must immediately
proceed to organize a hearing or Administrative
Review to be held as soon as possible and in
accordance with sections 4.5 and 4.7 of the Student
Rights and Responsibilities policy.
3.4.1.10.3 If the sanction for a confirmed violation of the
Student Rights and Responsibilities policy is to
suspend or expel the student, the sanction takes
effect from the date of the interim suspension.
3.4.1.11 Interim No-Contact Orders - The Dean of Students or designee may
immediately issue a no contact order on an interim basis prior to a
hearing if it is believed necessary to protect a person’s safety
and/or preserve a safe environment. A no contact order prohibits a
student’s or a student organization’s contact with a specific
individual or individuals.
3.4.1.12 Other Sanctions may include, but are not limited to, disenrollment,
imposition of mandatory counseling requirements, referral for
mandatory assessment by a qualified licensed professional, no
contact orders, restrictions from specific areas in University
buildings and/or on University grounds, restrictions from
participating in, extracurricular activities, and; monetary fines;
community service;. Students may also be required to meet
periodically with a person designated by the Hearing Officer.
3.4.1.13 Deferred Suspension allows a sanction of suspension to be deferred
to a specific date in the future. If a student is found in violation of
any University rule while under the sanction of deferred suspension,
the suspension sanction may be implemented immediately and
additional conduct sanctions appropriate to the new violation(s) may
be imposed. Students under the sanction of deferred suspension
may be subject to additional restrictions identified by the Dean of
Students Office. Failure to comply with the additional restrictions
established by the Dean of Students Office will be considered
additional conduct violations.
PROCEDURES
4.1 Reporting, Processing and Administrative Disposition of Disciplinary Infractions: Any
member of the University community may submit a written allegation of violation of the
Conduct Prohibited Section of the Student Rights and Responsibilities policy. The individual
alleging a violation must include sufficient facts which would enable the Student Conduct
Officer or designee to decide if further fact finding is necessary. An allegation of violation
must include the name of the complainant and should include pertinent facts including, but
not limited to, a description of the alleged violation, the date of the alleged violation, the
name(s) of the students involved, the time that the alleged violation took place, and the
location of the alleged violation. A person may make a report online via the Student Incident Report, by e-mail, by phone, or in person. When the Student Conduct Officer receives a
report 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. Failure to appear at the procedural interview shall
constitute a separate violation and may result in further disciplinary action.
4.2 Discipline in the Academic Environment
4.2.1 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.
4.2.2 Prohibited conduct (as delineated in 3.2.2) in classrooms, laboratories, faculty
offices and the immediate vicinity adjacent to the classrooms, laboratories or
faculty offices are best handled using verbal guidance to the involved student. If
the conduct cannot be controlled by verbal instructions, the faculty member may
prohibit the student from attending class for the remainder of the class hour when
the incident occurred plus not more than an additional three class hours. The
faculty member will complete a Student Incident Report form detailing the
alleged incident and submit the form to the department chair. The department
chair or designee will arrange a meeting with the faculty member and the student
to address the student’s conduct. The meeting must be arranged at a time that the
student can attend and within the time established above (3 class hours).
4.2.3 At the meeting, the department chair or designee will provide the student with the
Student Incident Report and a copy of this policy. The department chair or
designee will hear the concerns of all parties.
4.2.4 If the student admits responsibility for the incident, the student may return to class
on the next schedule class day. The student, the academic dean, and the Dean of
Students will receive a copy of the completed Student Incident Report form.
4.2.5 If the student does not admit responsibility for the incident at that meeting, the
department chair or designee will reach a decision concerning the students’
culpability, will communicate that determination to the student and the faculty
member before the student is due to return to class, if possible. If that is not
possible, the determination will be communicated before the next class hour. The
student, the academic dean, and the Dean of Students will receive a copy of the
completed Student Incident Report.
4.2.6 If the Department chair determines that the incident warrants disciplinary action
beyond a warning, the chair shall consult with the academic dean and shall
forward the chair/dean’s recommendation to the Dean of Students for further
action. Any disciplinary action shall be communicated to the student as soon as
possible. If the faculty member, department chair, or academic dean believes that
the student’s continued presence in the classroom poses a threat to the student,
others, or university property, the Dean of Students may be asked to impose
“interim suspension” as defined in section 3.3.1.9 of this policy.
4.2.7 If the recommended disciplinary action is other than a warning (as defined in
3.3.1.1), or if the student continues to deny responsibility for the incident and
rejects the recommended disciplinary action, he/she may request in writing a
review by the university Dean of Students.
4.3 Discipline at the University Level
4.3.1 The Student Conduct Officer is the principal administrator for student discipline
at UHD.
4.3.2 Notice
4.3.2.1 Students who are the subject of prohibited conduct allegations will be
notified by the appropriate Hearing Officer. Such notice will contain
information regarding the student conduct involved and a statement of
the policy provision(s) and/or University policy alleged to have been
violated.
4.3.2.2 All written notices to students will be considered received upon the
occurrence of one or more of the following: placing the written notice
addressed to the student’s current local or permanent address as listed
in the Registrar’s records in the United States Postal Service mail or
campus mail, sending written correspondence to the student’s official
University email address, or hand delivering written notice to the
student. Receipt will constitute full and adequate notice.
4.3.2.3 The student’s failure to provide and maintain current addresses with the
Registrar, refusal to accept delivery of a letter, or failure to receive an
email message because the mailbox is full or the message is
inappropriately forwarded will not constitute good cause for failure to
comply with written notices.
4.3.2.4 Failure to respond to notices delivered via Item 4.3.2.2 shall constitute
a separate violation of this policy. Failure of the accused student to
respond to the initiation of charges or schedule a procedural interview
shall in no way prevent the University from scheduling and conducting
a Student Discipline Committee hearing or a Disciplinary Conference
with the Hearing Officer in the absence of the accused student.
4.3.2.5 The Dean of Students may bar or cancel the enrollment of a student who
fails to comply with notices sent in accordance with section 4.3.2.
4.4 The Procedural Interview
4.4.1 A copy of the Student Rights and Responsibilities policy and a copy of the
Student Incident Report will be made available at the time of the interview.
4.4.2 Within five business 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 Hearing Officer. The student shall indicate
his/her choice in writing. Students who fail to contact the Hearing Officer to
schedule the Procedural Interview within the five business day period will be
considered to have elected to proceed with an Administrative Review under the
Student Disciplinary Procedures. Students who fail to appear for a scheduled
Procedural Interview will be considered to have elected to proceed with an
Administrative Review. Students who fail to select either a hearing before the
University Student Discipline Committee or a Disciplinary Conference with the
Hearing Officer within the five business day period will be considered to have
elected to proceed with a Disciplinary Conference.
4.4.3 The Hearing Officer shall notify the student of the time, date, and place of the
hearing or the Administrative Review.
4.5 Administrative Review
4.5.1 The student's appearance before the Hearing Officer is formal, and the Hearing
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 Hearing Officer
must determine whether a published University policy was violated, and if so, the
appropriate disciplinary sanction. The Hearing Officer will advise the student in
writing of his/her decision within five (5) working days of the review.
4.5.2 The respondent is entitled to be accompanied and assisted by an advisor. An
advisor may be an attorney, but who sits in an advisory capacity and who
addresses the Hearing Officer only upon permission of the Hearing Officer.
Respondents who wish to have an attorney attend the Administrative Review as
their advisor shall notify the Hearing Officer of the attorney’s name and contact
information at least three business days prior to the Administrative Review. If the
respondent’s advisor is an attorney, the University may have a University attorney
present at the Administrative Review. An advisor may not appear in lieu of a
respondent.
4.5.3 The respondent has the right to have access to the case file at least three business
days prior to and during the conference.
4.5.4 If a respondent fails to appear for a scheduled Administrative Review, the Hearing
Officer will proceed with investigating the complaint.
4.5.5 The Hearing Officer will investigate the complaint, including but not limited to;
reviewing incident reports, reviewing witness statements, and interviewing
witnesses. Before a decision is rendered, the respondent will be given an
opportunity to respond to any new information obtained by the Hearing Officer
during the investigation. If a respondent fails to appear for this meeting, the
Hearing Officer will decide the case based upon the information obtained in the
investigation.
4.5.6 The Hearing Officer will notify the respondent of the decision in writing within
ten business days of the close of the investigation. The Hearing Officer will also
make a copy of the decision available to the respondent in the Dean of Students
Office.
4.6 Acceptance of Administrative Disposition
The Hearing Officer shall discuss his/her decision with the student and gives 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.
4.7 Hearings
4.7.1 The following procedural guidelines shall be applicable in disciplinary hearings
or review:
4.7.1.1 The student will be provided written notification of the published
University policy alleged to have been violated;
4.7.1.2 The student will be provided written notification of the date, time, and
location of the hearing;
4.7.1.3 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;
4.7.1.4 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;
4.7.1.5 The student may have present parents or legal guardians;
4.7.1.6 The student may cross-examine witnesses for the University;
4.7.1.7 The student may present witnesses and other evidence at his/her
expense;
4.7.1.8 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 five faculty members, three staff members
from Student Affairs appointed by the President 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. The
Chair must be elected when the committee convenes at the beginning of
the term. The Committee Chair shall serve for the duration of the term.
The Student Conduct Officer may remove a Committee member for
justifiable cause. A Committee member may appeal their removal to the
Dean of Students.
4.7.1.9 As soon as the time of hearing is set, the Hearing Officer must provide
the student with a written notice containing the following information:
4.7.1.9.1 A statement of the charges and a factual description of the
alleged conduct upon which the charges are based;
4.7.1.9.2 The date, time, and location of the hearing;
4.7.1.9.3 A reference to this document;
4.7.1.9.4 A list of witnesses expected by the Dean 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; and
4.7.1.9.5 A statement of the student's rights in the hearing.
4.7.1.10 At least three business days prior to the hearing, the Hearing Officer
will make available to the respondent(s) redacted copies of documents
relevant to the case and a list of witnesses.
4.7.1.11 The respondent is entitled to be accompanied and assisted by an advisor.
An advisor may be an attorney, but who sits in an advisory capacity and
who addresses the Committee only upon permission from the Chair.
Respondents who wish to have an attorney attend the hearing as their
advisor shall notify the Hearing Officer of the attorney’s name and
contact information at least three business days prior to the hearing. If
the respondent’s advisor is an attorney, the University may have a
University attorney present at the disciplinary hearing. An advisor may not
appear in lieu of a respondent.
4.8 General Rules for a Hearing
4.8.1 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
Hearing Officer.
4.8.2 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.
4.8.3 Upon the request of the student or any committee member, or upon his own
initiative, the Hearing 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 or University email.
4.8.4 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.
4.8.5 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 Affairs Office at the conclusion
of the hearing where they will be maintained for five years and then destroyed.
4.8.6 Legal rules of evidence do not apply to hearings. Any relevant evidence must be
admitted if it is credible and conduct of their affairs. An indictment, information,
or complaint filed in a court of law will not be considered conclusive evidence.
4.8.7 The Hearing will be held in two parts
4.8.7.1 Determination of violation
4.8.7.2 Determination of sanction if student is found to be “in violation”
4.9 Procedural Rules for a Hearing
4.9.1 The chair of the Student Discipline Committee shall ask all parties entitled to be
present to enter the hearing room.
4.9.2 The chair shall read a statement that reminds all participants that the proceedings
of the hearing must remain confidential.
4.9.3 The chair reads the complaint.
4.9.4 The Hearing Officer shall present evidence and witnesses in support of the
allegations against the student.
4.9.5 The student may present evidence and witnesses in his/her defense. The student
may cross-examine witnesses.
4.9.6 The Hearing Officer and student may present rebuttal evidence.
4.9.7 The Hearing Officer and student may present brief summation arguments.
4.9.8 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. Concurring or dissenting
opinions may be filed with the record in the case by any member of the committee
including the chair.
4.9.9 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 Dean of Students.
4.9.10 If the student fails to appear, the hearing may continue without him/her.
4.10 Appeals and Review
4.10.1 Appeals - All disciplinary decisions of the Hearing Officer, or the Student
Discipline Committee, except those in which the penalty is a warning, may be
appealed to the Appellate Officer within ten days of notification of the decision.
The Appellate Officer shall make a decision and will notify the student of this
decision in writing within 10 working days of the receipt of the appeal. The
decision is final; and binding and the student is notified of it in writing within 10
working days following the referral.
4.10.2 An appeal is not an opportunity to re-hear the original conduct case and will not
be granted based on a respondent’s disagreement with the outcome of the original
conduct case. An appeal may only be based upon the following grounds:
4.10.2.1 New information, not available at the time of the original hearing, was
discovered and such new information could affect the decision rendered
in the original conduct case.
4.10.2.2 Procedural error that resulted in material harm or prejudice to the
student (i.e., by preventing a fair, impartial, or proper hearing).
Deviations from the designated procedures will not be a basis for
sustaining an appeal unless material harm or prejudice results.
4.10.2.3 The sanction imposed as the result of the original hearing was
excessively severe in relation to the violation that the student was found
to have committed. Appeals submitted on a claim that the sanction was
excessively severe do not have bearing on the finding of “in violation”
and relate only to the sanctions imposed.
4.11 Finality of Disciplinary Decisions
4.11.1 No penalty may take effect until a decision for disciplinary action becomes final.
Disciplinary actions become final in the following ways:
4.11.1.1 The student’s acceptance of the faculty member’s verbal warning.
4.11.1.2 After the department hearing, the student accepts the academic
department chair’s verbal warning.
4.11.1.3 After administrative disposition by the Hearing Officer, the student may
accept the Dean’s decision.
4.11.1.4 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
4.11.1.5 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 Section 3.3.
4.12 Disciplinary Records
4.12.1 The University shall maintain a permanent written disciplinary record for every
student assessed a sanction of suspension, expulsion, denial or revocation of a
degree, and/or withdrawal of diploma.
4.12.2 A disciplinary record shall reflect the nature of the charge, the disposition of the
charge, the sanction assessed, and any other pertinent information. Disciplinary
records shall be maintained by the Student Conduct Officer. Disciplinary records
will be treated as confidential and shall not be accessible to or used by anyone other
than the Dean of Students 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.
4.12.3 Disciplinary records of students who were not assessed a sanction of suspension,
expulsion, denial or revocation of a degree, and/or withdrawal of a diploma will be
maintained by the Student Conduct Officer for six years after the final disposition
of the case in accordance with the University’s Records Retention Schedule.
4.12.4 Disciplinary warning records are maintained as active conduct records by the
Student Conduct Officer for the specified period of warning. Students issued a
warning sanction may request that the record be expunged once the period of
warning has expired or when they have graduated from the University.
4.13 Student Groups and Registered Student Organizations
4.13.1 Student groups and registered student organizations are subject to the same
behavioral expectations as individual students and as such, may be charged with
violations of the Conduct Prohibited Section of the Student Rights and
Responsibilities policy. The same policy procedures afforded individual students
are applicable to student groups and registered student organizations.
4.13.2 Student groups and registered student organizations, their members, as well as
other students may be held collectively and/or individually responsible for
violations that occur on University grounds, on premises used or controlled by
the group or organization, and/or at University sponsored activities on or off
campus. The disciplinary jurisdiction set forth in the Student Rights and
Responsibilities policy applies to individual students, student groups and
registered student organizations.
4.13.3 Student groups and registered student organizations and their officers may be held
collectively and/or individually responsible for violations of the policy when the
organization’s leaders, officers, or spokespersons have given tacit or overt
consent or encouragement for the prohibited conduct.
4.13.4 Student group and registered student organization leaders, officers, and/or
spokespersons may be directed by the Dean of Students or designee to take action
to prevent or end violations of the policy by members of the organization or by
any persons associated with the organization. Failure to make reasonable efforts
to comply with the directives of the Dean of Students or designee shall be
considered a violation of the policy by the leaders, officers, and spokespersons of
the organization as well as by the organization.
4.13.5 Sanctions for student group and/or registered student organization misconduct
may include revocation or denial of registration as well as other appropriate
sanctions cited in the policy.
EXHIBITS
There are no exhibits associated with this policy.
REVIEW PROCESS
Responsible Party (Reviewer): Dean of Students
Review: Every three years on or before January 1st.
Signed original on file in Employment Services and Operations.
POLICY HISTORY
Issue #1: 07/17/94
Issue #2: 12/15/86
Issue #3: 08/22/88
Issue #4: 10/16/95
Issue #5: 11/03/99
Issue #6: 02/29/12
REFERENCES
PS 03.A.19
PS 01.A.01
PS 01.A.03
PS 04.A.03
Family Education Rights and Privacy Act of 1974
Health Insurance Portability and Accountability Act of 1996 (HIPAA)
Texas Education Code, Chapter 37
Student Incident Report
