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This is an archived copy of the 2012-13 catalog. To access the most recent version of the catalog, please visit http://catalog.utexas.edu/.

Chapter 11. Student Discipline and Conduct

Subchapter 11–100. General Provisions

Sec. 11–101. Preamble
  1. The University’s expectations for student conduct are grounded in the University Honor Code: “The core values of The University of Texas at Austin are learning, discovery, freedom, leadership, individual opportunity, and responsibility. Each member of the University is expected to uphold these values through integrity, honesty, trust, fairness, and respect toward peers and community.” University students are expected to abide by all city, state, and federal laws and statutes and all regulations of the University and The University of Texas System. However, as a community of scholars, the University expects from its students a higher standard of conduct than that required simply to avoid discipline. The principles of the University Honor Code should govern and direct student conduct, to promote a safe environment that is conducive to academic success and to ensure that each University student graduates ready to contribute to society as an ethical citizen.
  2. This chapter contains regulations for dealing with alleged student violations of University standards of conduct in a manner consistent with the requirements of procedural due process. In addition to the general expectations for conduct set forth in subsection 11–101(a), subchapter 11–400 contains a description of prohibited conduct.
Sec. 11–102. Application and Jurisdiction
  1. This chapter applies to individual students and states the function of faculty members and administrative staff members of the University in disciplinary proceedings.
  2. A student is subject to discipline for prohibited conduct that occurs while the student is participating in off-campus activities sponsored by or affiliated with the University, including field trips, internships, rotations, and clinical assignments.
  3. Students may be disciplined by the University for violating any standards of conduct on the campus or off of the campus when the incident occurs in connection with an institution-oriented activity, or when the incident has a substantial connection to the interests of the University, or when the behavior is prohibited by University policy regardless of where it occurs, even if they are or may be penalized by civil authorities for the same act.
  4. University disciplinary action may be instituted against a student charged with conduct that potentially violates both the criminal law and University policy without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. At the discretion of the dean of students, proceedings under this chapter may be carried out prior to, simultaneously with, or following criminal proceedings off campus. Determinations made and sanctions imposed under this chapter will not be subject to change because criminal charges arising out of the same facts that give rise to the violations of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

Subchapter 11–200. Administration of Discipline

Sec. 11–201. Administration by Dean of Students

The dean of students has primary authority and responsibility for the administration of student discipline. The dean of students works cooperatively with faculty members in the disposition of academic violations, with appropriate staff members in the Division of Housing and Food Service in the disposition of residence hall violations, and with other appropriate staff members in the disposition of other types of violations. The dean of students may delegate to faculty members the authority to dispose of academic discipline cases and may delegate to University staff members the authority to dispose of designated student disciplinary matters as deemed appropriate.

Sec. 11–202. Hearing Officer

The hearing officer(s) will be appointed in accordance with procedures established by the president. The president may appoint an individual or an office to coordinate the work of the hearing officer(s). To preclude any appearance of impropriety on the part of the dean of students, the selection and training of hearing officers is under the authority of the president’s office and facilitated by the Vice President for Student Affairs.

Subchapter 11–300. Definitions

In this chapter, unless the context requires a different meaning, the following definitions apply.

  1. “Adviser” means a single individual whom an accused student may elect to accompany him or her to a meeting with the dean of students or a hearing regarding an alleged violation of University policy. Because the accused student is solely responsible for presenting his or her case during the disciplinary process, an adviser may confer with and advise the accused student but may not advocate for the student in a meeting with the dean of students or in a hearing. If an adviser is directly related to a disciplinary case or if the adviser’s presence poses a conflict of interest, the dean of students or hearing officer may dismiss the adviser from the meeting or hearing. Advisers may be dismissed from any disciplinary proceedings if they disrupt the process. If an adviser is an attorney, then the dean of students may also be accompanied by an attorney.
  2. “Complaint” means a written statement prepared by the dean of students before a hearing that outlines the alleged violation(s) of a Regents’ Rule, University regulation, or administrative rule to be resolved by the hearing officer.
  3. “Day” means calendar day, except University holidays and days on which regularly scheduled classes are suspended due to emergent situations; “weekday” means Monday through Friday, except University holidays and days on which regularly scheduled classes are suspended due to emergent situations; “University holiday” means a staff holiday identified in the holiday schedule published by the Office of Human Resource Services. If a deadline defined in this chapter falls on a Saturday, Sunday, or University holiday, that deadline will be moved to the next weekday; Saturdays and Sundays that are contiguous with University holidays are not considered “days” as defined here.
  4. “Dean of students” means the dean of students of the University of Texas at Austin or the dean of students’ delegate or representative.
  5. “Disciplinary decision” means a written decision as to whether an accused student has committed a violation of a Regents’ Rule, University regulation, or administrative rule. It includes the findings of fact in support of the decision along with the assessed sanction or sanctions, if any.
  6. “Disciplinary record” or “student disciplinary record” means a student record as defined in section 9–202 of the Institutional Rules maintained by the dean of students in connection with a violation or an alleged violation of a Regents’ Rule, University regulation, or administrative rule. The disciplinary record may include complaints, notices, hearing records, disciplinary decisions, and other documents required under this chapter or deemed relevant by the dean of students. Disciplinary records may be disclosed to outside parties as dictated by section 9–300 of the Institutional Rules.
  7. “Faculty member” means a person who is employed by the University for the purpose of teaching a class, and who has authority to assign grades for the class.
  8. “Hearing officer” means a person appointed by the president to conduct hearings of alleged violations of a Regents’ Rule, University regulation, or administrative rule.
  9. “President” means the president of the University of Texas at Austin.
  10. “Student” means a person who is currently enrolled at the University, or who is accepted for admission or readmission to the University, or who has been enrolled at the University in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows, or who is attending an educational program sponsored by the University while that person is on campus, or who engaged in prohibited conduct at a time when he or she met the above criteria. For the purposes of this chapter, individuals who are not currently enrolled at the University remain subject to the disciplinary process for conduct that occurred while they were enrolled.
  11. “University” means the University of Texas at Austin. For the purposes of this chapter, "University" also includes all activities and programs sponsored by or affiliated with the University of Texas at Austin regardless of  the actual location where such activities or programs occur, including but not limited to, field trips, internships, rotations, and clinical assignments.
  12. “University holiday”—see “day” above.
  13. “Weekday”—see “day” above.

Subchapter 11–400. Prohibited Conduct

Sec. 11–401. Conduct Expected of Students

As stated in subsection 11–101(a), the University’s expectations for conduct are grounded in the University Honor Code. While subchapter 11–400 outlines specific examples of prohibited conduct, the University expects from its students a higher standard of conduct than the minimum needed to avoid discipline.

Sec. 11–402. Academic Dishonesty

See Regents’ Rules and Regulations, Rule 50101, Number , Section 2.2 for more information.

  1. The dean of students or a faculty member may initiate disciplinary proceedings under subchapter   11–500 against a student accused of academic dishonesty.
  2.  “Academic dishonesty” or “scholastic dishonesty” includes, but is not limited to, cheating,  plagiarism, collusion, falsifying academic records, misrepresenting facts, and any act designed to give unfair academic advantage to the student (such as, but not limited to, submission of  essentially the same written assignment for two classes without the prior permission of the instructor), or the attempt to commit such an act.
  3. “Cheating” includes, but is not limited to,
    1. copying from another student’s test paper, project, or other assignment;
    2. failing to comply with instructions given by the person administering a test, project, or other assignment, or given in conjunction with the completion of course requirements;
    3. use or possession of materials that are not authorized by the person giving the test, project, or other assignment, including but not limited to class notes, calculators, electronic devices,  and specifically designed “crib notes”; the presence of textbooks constitutes a violation only if they have been specifically prohibited by the person administering the test;
    4. providing aid or assistance to or receiving aid or assistance from another student or individual, without authority, in conjunction with a test, project, or other assignment;
    5. discussing the contents of a test with another student who will take the test;
    6. divulging the contents of a test, for the purpose of preserving questions for future use, when  the instructor has designated that the test is not to be removed from the examination room or is not to be returned to or kept by the student;
    7. substituting for another person or permitting another person to substitute for oneself to take a class, a test, or any class-related assignment;
    8. using, buying, stealing, transporting, soliciting, or coercing another person to obtain answers to or information about an unadministered test, project, or other assignment;
    9. falsifying research data, laboratory reports, other academic work offered for credit, or work done in conjunction with the completion of course requirements;
    10. taking, keeping, misplacing, or damaging the property of the University, or of another, if the          student knows or reasonably should know that an unfair academic advantage would be          gained by such conduct; and
    11. altering a test paper, project, or other assignment to gain an academic advantage.
  4. “Plagiarism” includes, but is not limited to, the appropriation of, buying, receiving as a gift, or  obtaining by any means material that is attributable in whole or in part to another source, including words, ideas, illustrations, structure, computer code, and other expression or media, and  presenting that material as one’s own academic work being offered for credit.
  5. “Collusion” includes, but is not limited to, unauthorized collaboration with another person in preparing academic assignments offered for credit, and collaboration with another person to commit a violation of any section of the rules on academic dishonesty.
  6. “Misrepresenting facts for academic advantage” to the University or an agent of the University or The University of Texas System includes, but is not limited to, providing false grades or résumés; providing false or misleading information in an effort to receive a postponement or an extension on a test, quiz, or other assignment for the purpose of obtaining an academic or financial benefit for oneself or another individual; and providing false or misleading information in an effort to injure      another student academically or financially.
Sec. 11–403. Financial Transactions with the University

Students who owe debts to the University may be denied admission or readmission to the University and may have official transcripts, grades, diplomas, and degrees to which they would otherwise be entitled withheld until the debt is paid. Students who write bad checks to the University for tuition and fees will have their registration canceled. Bad checks written to the University for other purposes will subject the student to legal and/or disciplinary action. Matters relating to student financial transactions will be directed by the appropriate administrative office to the Office of Accounting. See Regents’ Rules and Regulations, Rule 50303 for more information.

Sec. 11–404. General Misconduct

See Regents’ Rules and Regulations, Rule 50101 for more information.

  1. Notwithstanding any action taken on account of the violation by civil authorities or agencies charged with the enforcement of criminal laws, the dean of students may initiate disciplinary proceedings under subchapter 11–500 against a student who
    1. engages in conduct that violates any provision of federal, state, or local laws, whether or not the violation occurs on University property or in connection with any University-oriented activity;
    2. possesses, uses, or displays firearms, facsimile firearms, ammunition, explosives, or other weapons on property owned or controlled by the University, without written permission from  the dean of students;
    3. behaves in a manner that impedes, interferes with, or disrupts any University teaching,  research, administrative, disciplinary, public service, learning, or other authorized activity;
    4. behaves in a manner that threatens or endangers the health or safety of any student or     employee of the University, or of visitors on the campus;
    5. violates the University’s prohibition of sexual discrimination and sexual assault as contained in Appendix D and/or the prohibition of sexual assault as contained in Appendix H  and/or the policy on sexual misconduct as contained in Appendix E .
    6. damages, defaces, destroys, tampers with, or takes without authorization property of the University, property belonging to any student or employee of the University, or property of a visitor on the campus;
    7. is in possession of or makes use of University keys for unauthorized purposes;
    8. engages in activities that subject a probationary member of a group to dangerous, harmful, or degrading acts (Regents’ Rules and Regulations, Rule 50101, Number 2, Section 2.8, state that such acts are a violation with or without the consent of the probationary member) and/or violates the University's prohibition of hazing as contained in Chapter 16 of the Institutional Rules;
    9. engages in unauthorized use or possession of alcoholic beverages in a University classroom building, laboratory, auditorium, library building, museum, faculty or administrative office, intercollegiate or intramural athletic facility, residence hall, or any other campus area (see Regents’ Rules and Regulations, Rule 80102 for more information); or engages in the improper use, possession, or consumption of alcoholic beverages, including but not limited to underage possession of alcohol, underage consumption of alcohol, providing alcohol to a minor, public intoxication, minor driving under the influence of alcohol, driving while intoxicated;
    10. engages in the use, possession, or sale of an illegal drug or narcotic, or possession of drug paraphernalia (see Regents’ Rules and Regulations, Rule 50101, Number 2, Section 2.3 for more information);
    11. engages in speech, including but not limited to verbal, electronic, or written communication, that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action;
    12. enters, walks, runs, lies, plays, remains, or is in the water of any fountain or other artificial body of water on the University campus that is not designed and maintained for recreational or therapeutic purposes; dumps, throws, places, or causes to be placed any   material, object, trash, person, animal, waste, or debris in the water of any fountain or other artificial body of water located on the University campus; or damages, defaces, or removes any portion of any fountain, monument, building, statue, structure, facility, tree, shrub, or memorial located on the University campus (see Regents’ Rules and Regulations, Rule 80110 for more information);
    13. engages in harassment; harassment is defined as conduct that is sufficiently severe, pervasive, or persistent to create an objectively hostile environment that interferes with or diminishes the ability of an individual to participate in or benefit from the services, activities, or privileges provided by the University; for a complete set of cross-references to all harassment policies on the campus, see subsection 13–204(c) of the Institutional Rules;
    14. engages in unauthorized use of property, equipment, resources, supplies, buildings, or facilities owned or controlled by the University or The University of Texas System, including unauthorized entry into property, buildings, or facilities owned or controlled by the University or The University of Texas System;
    15. furnishes false information to or withholds material information from any University official, faculty member, or staff member acting in the course of his or her duties;
    16. refuses to identify one's self to a University official, faculty member, or staff member acting in an official capacity;
    17. alters or assists in the alteration of any official nonacademic record or document (including parking permits and athletic tickets) of any University office or of The University of Texas System;
    18. engages in an inappropriate or disproportionate use of an information technology resource owned or controlled by the University or The University of Texas System or uses an information technology resource for an illegal, threatening, or intentionally destructive purpose; prohibited conduct includes but is not limited to circumventing system or network security, committing copyright infringement, transmitting unsolicited e-mail, sharing a University-issued password, falsifying an e-mail header, and using resources for personal financial gain or profit;
    19. engages in stalking; stalking is defined as repeated conduct directed specifically at another person that reasonably causes that person, or a member of that person’s family or household, to fear for his or her safety or that person’s property; such conduct may include but is not limited to repeated, close physical or visual contact, watching, following, and making direct or implied threats by phone calls, e-mail messages, letters, or messages;
    20. engages in gambling, including in the residence halls;
    21. engages in the falsification of academic records, including but not limited to altering or assisting in the alteration of any official record of the University or The University of Texas          System and submitting false information or omitting requested information that is required for or related to any academic record of the University or The University of Texas System. Academic records include, but are not limited to, applications for admission, the awarding of a degree, registration materials, grade change forms, and reporting forms used by the Office of the Registrar. A former student who engages in such conduct is subject to a bar  against readmission, revocation of a degree, and withdrawal of a diploma; or
    22. engages in surveillance or recording of any type without the subject's knowledge or consent in areas where there is a reasonable expectation of privacy and/or the broadcasting or distribution of such material;
    23. otherwise engages in the following acts of inappropriate conduct that hold the potential to interfere or disrupt the student learning or teaching function of the University: pranks, repeated contact of a harassing nature through a personal or electronic medium, and berating or otherwise abusive behavior.
  2. In the case of disruptive activity on the campus of the University, neither the dean of students nor the president nor any representative of them will negotiate or attempt to negotiate with any person or persons so engaged. When such a situation arises, the dean of students or the president, or their representative, will take immediate action to utilize all lawful measures to halt and eliminate any and all such disruptive activities that come to their attention, and may initiate disciplinary proceedings under subchapter 11–500. See Regents’ Rules and Regulations, Rule 40502 for more information.
  3. It is unlawful for any person on any property of the University to refuse to identify himself or herself to an institutional representative in response to a request. A person identifies himself or herself by  giving his or her name and complete address, substantiated by a current driver’s license, voter   registration card, or other official documentation, and by stating truthfully whether or not he or she is a student or employee of the University. An institutional representative includes any member of the Board of Regents; any executive officer or administrative officer of the system; any administrative       officer of the University; and any attorney, peace officer, or security officer of the System or the University acting pursuant to the authority of Texas law. See Regents’ Rules and Regulations, Rule 80101, Number 2, Sections 3 and 4 for more information.
  4. Any person who violates any provision of the Regents’ Rules and Regulations of The University of Texas System, the rules and regulations of the University (including but not limited to administrative rules of campus offices), or specific instructions issued by an administrative official acting in the course of his or her authorized duties, is subject to disciplinary sanction.
  5. It is a violation for a student to attempt to commit any violation of University rules or regulations, or to assist another person or persons in committing any violation of University rules or regulations.
  6. It is a violation to engage in action that interferes with or obstructs the student disciplinary process. This includes, but is not limited to, failing to appear for a meeting when summoned by letter or   e-mail to do so, failing to appear at or testify at a hearing, attempting to intimidate, harass, or unduly influence a potential witness or complainant, and failing to complete judicial sanctions.

Subchapter 11–500. Disciplinary Procedures

Sec. 11–501. Investigation

When the dean of students receives information that a student has allegedly violated a Regents’ Rule, University regulation, administrative rule, city ordinance, or state or federal law, the alleged violation will be investigated. When the information received by the dean of students makes allegations of sex discrimination, sexual harassment, or sexual assault, the dean of students shall inform the Title IX coordinator of the allegations. Any complaints or allegations concerning sex discrimination, sexual harassment, or sexual assault are subject to Appendices D and H respectively. Upon completing the preliminary investigation, the dean of students may

  1. dismiss the allegation as unfounded; or
  2. summon the student for a conference and, after conferring with the student,
    1. dismiss the allegation;
    2. proceed administratively under section 11–504; or
    3. prepare a complaint based on the allegation and proceed under subchapter 11–600.
  3. In cases involving sex discrimination, sexual harassment, or sexual assault, the Title IX coordinator and a complainant shall, subject to Federal Educational Rights and Privacy Acts (FERPA) and other applicable law, be informed by the dean of students as to the result of the preliminary investigation and, if applicable, the process employed to resolve the allegation(s).
Sec. 11–502. Interim Disciplinary Action
  1. Pending a hearing or other disposition of the allegations against a student, if the continuing presence of the student poses a potential danger to persons or property or a potential threat of disrupting the academic process or any activity authorized by the University, the dean of students may take such immediate interim disciplinary action as is appropriate to the circumstances. Appropriate actions include but are not limited to suspending the right of the student to be present on the campus (including to live in campus residence halls) and to attend classes, and otherwise altering the status of the student. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 4.2 for more information.
  2. A student who is suspended or whose status is altered under subsection 11–502(a) is entitled to a hearing at his or her request by a hearing officer under subchapter 11–600. A request for a hearing under this subsection must be made within five days after the interim disciplinary action was taken. If requested by the student, such a hearing generally will be conducted within ten days after the interim disciplinary action was taken, unless the student agrees in writing to a hearing at a later time or waives a hearing and accepts the decision of the dean of students under section 11–504. At the discretion of the dean of students, the ten-day period may be extended for a period not to exceed an additional ten days. Prior to a hearing as described in this section, a student whose status is altered under subsection 11–502(a) may request a meeting with the dean of students to discuss the interim disciplinary action taken by the University. If the student chooses, they may seek to have the matter resolved by proceeding with a disposition of the matter by the dean of students under the provisions of section 11–504. If a student chooses to proceed under section 11–504 after interim disciplinary action has been taken, the dean of students may determine that the deadlines contained in this section for the scheduling and initiation of a hearing do not apply.
Sec. 11–503. Summoning a Student
  1. The dean of students may summon a student to appear in connection with an alleged violation by sending a message to the student by letter or by e-mail at an address listed in the registrar’s records.
  2. The message will direct the student to appear at a specific time and place at least three weekdays after the date of the message if the message is sent by letter, or at least two weekdays after the date of the message if the message is sent by e-mail.
  3. The dean of students may bar or cancel the enrollment or otherwise alter the status of a student (or of a former student as described in subsection 11–300[10]) who fails without good cause to comply with a summons sent under subsection 11–503(a). A letter sent to an address listed in the registrar’s records, a letter hand-delivered to the student, or an e-mail message sent to the address listed in the registrar’s records will constitute full and adequate notice. The student’s failure to provide and to maintain current addresses, refusal to accept delivery of a letter, or failure to receive an e-mail message because the mailbox is full or the message is inappropriately forwarded will not constitute good cause for failure to comply with the summons. (Policies on the use of e-mail for official correspondence are given in Appendix M , page 274.)
Sec. 11–504. Disposition by the Dean of Students of Disciplinary Violations
  1. An accused student has the right to resolve a disciplinary case through an administrative disposition with the dean of students. Administrative dispositions are used in situations where the accused student does not dispute the facts upon which the charges are based and provides a signed written waiver of the hearing procedures. The dean of students will review all evidence, including the student’s response to the allegation, and determine whether the greater weight of credible evidence supports a finding that a violation occurred. If a violation is deemed to have occurred, the dean of students will assess a sanction or sanctions pursuant to subchapter 11–700 that is appropriate given the allegation and the student’s disciplinary record, if any.
  2. A student who resolves his or her disciplinary case through an administrative disposition with the dean of students may appeal only the assessed sanction or sanctions to the president in accordance with section 11–803. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 4.4 for more information.
  3. A student who does not wish to sign the administrative disposition developed as described in subsection 11–504(a) may resolve the disciplinary case through a hearing in accordance with subchapter 11–600.
  4. If the student fails to complete the assigned sanction or sanctions, the dean of students may pursue a separate rule violation under Section 11-404(f) and/or place a bar on the student’s registration until the sanction is completed.
  5. In cases involving allegations of sex discrimination, sexual harassment, or sexual assault, the dean of students shall, subject to the Federal Educational Rights and Privacy Act (FERPA) and other applicable law, inform the Title IX coordinator and a complainant as to any disposition of the case or if the accused student has chosen to proceed to a hearing.
Sec. 11–505. Disposition by Faculty Members of Academic Violations
  1. When a faculty member has reason to suspect that a student has violated University regulations concerning academic dishonesty as defined in section 11–402, the faculty member may

1.    refer the case to the dean of students, who will proceed under section 11–501. The faculty member is not required to notify the accused student that the disciplinary referral has been made; or

2.    meet with the student(s) involved and discuss the alleged violation(s), the documentation and/or information that supports the charge, and the rights of the student(s) in the disciplinary process. After conferring with the student, the faculty member may dismiss the allegation or proceed under subsection 11–505(b) or subsection 11–505(c).

b.    In any case where a student accused of academic dishonesty disputes the facts upon which the               charges are based, chooses not to waive the right to a hearing before a hearing officer, or chooses        to have the case resolved by the dean of students, the faculty member will refer the matter to the               dean of students, who will then proceed under section 11–501.

c.    With the agreement of both the accused student and the faculty member, a case of academic               dishonesty may be resolved through a faculty disposition. A resolution through a faculty disposition       does not limit the possibility of additional sanctions being issued by the dean of students as dictated       in Subsection 11-505(d). Faculty dispositions are used in situations where the accused student              does not dispute the facts upon which the charges are based and provides a signed written waiver       of the hearing procedures. If, after hearing the accused student’s response to the allegation, the              faculty member determines that the greater weight of credible evidence supports a finding that a             violation has occurred, the faculty member will assess a sanction or sanctions pursuant to section       11–702. After the student signs the faculty disposition, the faculty member shall send the signed             form and all relevant documentation (including copies of the academic assignment and course             syllabus) to the dean of students. In extraordinary circumstances, if the sanction issued in a faculty       disposition falls well outside the general scope of sanctions issued in similar cases, the dean of        students may communicate with the faculty member to discuss a different sanction.

1.    A student who resolves his or her disciplinary case through a faculty disposition may appeal        only the assessed sanction or sanctions to the president in accordance with section              11–802.

2.    If the student fails to complete the assigned sanction or sanctions, the dean of students may        pursue a separate rule violation under Section 11-404(f) and/or place a bar on the student’s        registration until the sanction is completed.

d.     In situations where the dean of students receives a faculty disposition signed by both parties, the         dean of students may seek to impose a disciplinary sanction or sanctions in addition to the one         assessed in the faculty disposition.  Additional sanctions may be levied when the student has a         prior disciplinary history or in other situations deemed appropriate by the dean of students.  When         assessing an additional disciplinary sanction, the dean of students may impose any general         sanctions listed in Section 11-701 or Section 11-703 or any grade-related sanctions listed in         Section 11-702(a).  A student who has been issued an additional sanction by the dean of students         after signing a faculty disposition may elect to appeal both the grade-related sanction issued in the         faculty disposition under Section 11-802 and appeal the additional sanction(s) issued by the dean         of students as dictated by Section 11-803.

Subchapter 11–600. Hearing

Sec. 11–601. Duties of the Hearing Officer

In cases in which the accused student disputes the facts upon which the charges are based, or chooses not to waive the hearing procedure, the charges will be heard and determined by a hearing officer (see Regents’ Rules and Regulations, Rule 50101 for more information). The hearing officer will preside over the hearing and will

  1. determine whether the dean of students has satisfactorily performed the requirements of section 11–602;
  2. except as otherwise provided in this chapter, determine whether hearing observers may be present; hearing observers will be limited to people attending the hearing for University training purposes;
  3. rule on the admissibility of evidence and on objections to the procedure; facilitate the hearing process, which includes removing from the hearing anyone who is disrupting the process; render a written decision, which will contain findings of fact and conclusions as to whether or not a violation has occurred; assess a sanction or sanctions; and provide the student and the dean of students with a copy of the decision; and
  4. certify the hearing record.
Sec. 11–602. Duties of the Dean of Students

The dean of students will

  1. set the date, time, and place for the hearing and notify the accused student of the date, time, and place;
  2. arrange for recording the hearing as provided in subsection 11–607(e); and
  3. furnish a suitable room, necessary equipment, and clerical assistance for the hearing.
Sec. 11–603. Notice of Hearing
  1. The dean of students will notify the accused student by letter or by e-mail of the date, time, and        place for the hearing. The notice will be delivered in person or sent by e-mail or postal mail to the     student at an address listed in the registrar’s records. In cases involving allegations of sex discrimination, sexual harassment, or sexual assault, the dean of students shall also provide the date, time and place of the hearing to the Title IX coordinator and, if applicable, the complainant.
  2. The notice will specify a hearing date at least ten days after the date of the letter or e-mail message, unless the hearing is being held under the conditions required in section 11–502. A letter or an e-mail message sent to an address listed in the registrar’s records will constitute full and adequate notice. A letter will be considered to have been received on the third day after the day of mailing, excluding any intervening Sunday. An e-mail message will be considered to have been  received on the second day after the day of sending the message. A student may request, in writing, that an earlier hearing date be set if feasible to arrange. The hearing officer for good cause may postpone the hearing and will notify the dean of students and the accused student of the new  hearing date. The student’s failure to provide and to maintain current addresses, refusal to accept delivery of a letter, or failure to receive an e-mail message because the mailbox is full or the  message is inappropriately forwarded will not constitute good cause for failure to comply with the notice. (Policies on the use of e-mail for official correspondence are given in Appendix M .)
  3. Notice sent under subsection 11–603(a) will
    1.  direct the accused student to appear on the date and at the time and place specified;
    2. advise the accused student of his or her rights
      1. to a private hearing;
      2. to appear in person and to have an adviser at the hearing;
      3. to challenge the person designated to hear the charges;
      4. to know the identity of each witness who will testify against him or her;
      5. to present testimony of witnesses, to present documentary and other evidence, and to argue in his or her own behalf;
      6. to cross-examine each witness who testifies against him or her; and
      7. to appeal under section 11–804;
    3. contain the name of the person appointed to act as hearing officer;
    4. contain the names of witnesses who may testify against the accused student, a brief summary of the testimony to be given by each, and a list of documentary and other evidence that will be offered against the accused student; the University may supplement the list of witnesses and documents for good cause, as determined by the hearing officer;
    5. contain a copy of the complaint, which outlines the alleged violation(s); and
    6. notify the accused student that if he or she is advised by an attorney at the hearing, then the dean of students may be advised by an attorney at the hearing. An adviser may confer with and advise the dean of students or the accused student but may not question witnesses, introduce evidence, make objections, or present arguments to the hearing officer. See Regents’ Rules and Regulations, Rule 50101 for more information.
    7. In cases involving sex discrimination, sexual harassment, or sexual assault, the dean of students will provide, subject to the Federal Family Education Rights and Privacy Act (FERPA) and other applicable law, the same notice given the accused student to the Title IX coordinator and, if applicable, the complainant. The complainant shall be advised in such cases that he or she has the right to;
      1. attend the hearing;
      2. provide testimony at the hearing in a manner that does not require the complainant to directly confront or to be directly questioned by the accused student while still preserving the accused student's right to challenge such testimony;
      3. receive support and assistance from th Title IX coordinator,
      4. work with and provide input to the dean of students office regarding witnesses and their testimony as well as other relevant evidence and argument in preparation for the hearing and any subsequent appeals.
  4. The student’s failure to provide and to maintain current addresses, refusal to accept delivery of a letter, or failure to receive an e-mail message because the mailbox is full or the message is inappropriately forwarded will not constitute good cause for failure to comply with a notice sent under this section.
  5. Failure to comply with notice: In situations where a student fails to attend a scheduled hearing, the hearing officer will, at the time of the scheduled hearing, make a determination if the dean of students provided notice as dictated by Section 11-603(b) and Section 11-603(c). If the hearing officer determines that the dean of students provided notice as dictated by Section 11-603(b) and  Section 11-603(c), the dean of students may elect to hold the hearing without the student's  participation or reschedule the hearing for a different date. If the hearing proceeds in the accused student's absence, the hearing will be conducted according to the provisions of Subchapter 11-600 with a final decision issued by the hearing officer as dictated by Section 11-608.  Even in situations where the student does not attend the hearing, the hearing officer's decision may be appealed to the University president under Section 11-804.
Sec. 11–604. Preliminary Matters for a Hearing
  1. Charges against more than one student that arise out of a single transaction or occurrence may, in extraordinary circumstances and at the discretion of the dean of students, be heard together, but the hearing officer for good cause shown may subsequently grant a separate hearing.
  2. At least five days before the hearing date, the accused student will furnish the dean of students with a list of any witnesses who may testify on behalf of the student, together with a summary of each witness’s testimony and a copy of any documents and other evidence the witness may offer; the student may supplement the list of witnesses and documents for good cause, as determined by the hearing officer.
  3. At least five days before the hearing date, the student will furnish the hearing officer with
    1. any objection that, if sustained, would postpone the hearing;
    2. the name of the adviser, if any, who will appear with the student, and the adviser’s relationship to the student; and
    3. a request for a separate hearing, if desired, and the grounds for such a hearing (if the dean of students has designated that the hearing will be held in accordance with subsection 11–604[a]).
  4. At least five days before the hearing date, the dean of students will provide to the accused student copies of documents which may be introduced at the hearing available to the accused student.
  5. In cases involving allegations of sex discrimination, sexual harassment or sexual assault, subject to the Family Education Rights and Privacy Act (FERPA) and other applicable law, copies of the information and/or documents submitted by the accused student and the dean of students as required by this section shall be promptly provided to the Title IX coordinator and, if applicable, the complainant.
Sec. 11–605. Challenges to the Hearing Officer

The accused student may challenge the hearing officer’s alleged lack of fairness or objectivity but is not entitled to disqualify that person from serving.  In cases involving allegations of sex discrimination, sexual harassment or sexual assault, the complainant may through the Office of th Dean of Students, also challenge the hearing officer on the basis of a lack of fairness and objectivity. The challenge must be in writing, must state the reasons for the challenge, and must be submitted to the hearing officer through the Office of the Dean of Students at least three days prior to the hearing. It will be up to the challenged person to determine whether they can serve with fairness and objectivity. If the challenged person disqualifies themselves, another hearing officer will be appointed.

Sec. 11–606. Hearing Procedure
  1. The hearing is informal and closed, except that, with the consent of the accused student and the dean of students, the hearing may be open. However, in cases involving allegations of sex discrimination, sexual harassment or sexual assault, the Title IX coordinator and, if applicable, the complainant may attend the hearing.
  2. Although the hearing will proceed generally as follows, the hearing officer may adjust the sequence of the hearing as necessary to ensure fairness:
    1. the dean of students reads the complaint;
    2. the hearing officer informs the accused student of his or her rights listed in subsection 11–603(c)(2);
    3. the dean of students and the accused student are each given the opportunity to make an opening statement; the accused student has the right to reserve his or her opening statement until after the dean of students has presented the University’s case;
    4. the dean of students is given the opportunity to present the University’s witnesses and evidence; during this time, the accused student may question any of the dean of students’ witnesses;
    5. the accused student is given the opportunity to present his or her witnesses and evidence; during this time, the dean of students may question any of the accused student’s witnesses;
    6. the dean of students and the accused student are each given the opportunity to present rebuttal evidence and argument;
    7. the dean of students is given the opportunity to present a recommendation on a sanction or sanctions (see Regents’ Rules and Regulations, Rule 50101, Number 2, Section 5 for more information);
    8. the accused student is given the opportunity to present a rebuttal and recommended outcome or sanctions (see Regents’ Rules and Regulations, Rule 50101, Number 2, Section 5 for more information);
    9. the dean of students is given the opportunity to present a closing statement;
    10. the accused student is given the opportunity to present a closing statement;
    11. the hearing officer decides whether a violation has occurred and assesses a sanction or sanctions in accordance with subchapter 11–700.
Sec. 11–607. Evidence in Hearings
  1. Legal rules of evidence do not apply to hearings under this subchapter; the hearing officer may admit and give effect to evidence, including testimony, that possesses probative value and is commonly accepted by reasonable people in the conduct of their affairs. The hearing officer will exclude irrelevant, immaterial, and unduly repetitious evidence. All evidence admitted during the hearing will be made a part of the record. The hearing officer will give effect to the rules of privilege recognized by law. In cases involving allegations of sex discrimination, sexual harassment or sexual assault, the complainant shall be allowed to provide testimony at the hearing in a manner, as determined by the hearing officer, that does not require the complainant to directly confront or be directly questioned by the accused student while still preserving the accused student's right to challenge such testimony.
  2. Upon a hearing of the charges, the University has the burden of going forward with the evidence and the burden of proving the charges by the greater weight of credible evidence. See Regents’ Rules and Regulations, Rule 50101 for more information.
  3. A witness will testify unless otherwise provided in these rules or if the testimony is privileged as recognized by law or is excluded by the hearing officer. If a witness refuses to testify based on a privileged relationship recognized by Texas law, the hearing officer may require evidence of the relationship and/or seek legal counsel before making a decision on the assertion of privilege, even if such would require postponing the hearing.
  4. The hearing officer will decide whether a violation has occurred and assess an appropriate sanction or sanctions solely on the basis of admitted evidence. The accused student’s disciplinary record is deemed admitted into evidence during a hearing to help the hearing officer assess an appropriate sanction or sanctions. The hearing officer’s decision as to the accused student’s responsibility for the violation at issue will be based solely on the evidence that pertains to that particular violation.
  5. A recording will be made of the hearing, under supervision of the dean of students. At the discretion of the dean of students, a court reporter may also be present to prepare a written transcript of the hearing.
Sec. 11–608. Disciplinary Decision of the Hearing Officer

Before issuing the decision, the hearing officer will certify the hearing record as defined in section 11–609. If a court reporter is present during the hearing and prepares a written transcript of the hearing, the transcript is considered part of the hearing record, and the hearing officer should wait to receive it before certifying the hearing record. The hearing officer will then render a written decision as to whether the accused student has committed a violation and will set forth findings of fact in support of the decision. The sanction or sanctions will also be stated in the decision. The accused student and the dean of students will each be given a copy of the decision. The hearing officer’s written decision is the official decision on the matter from which any appeal is taken. The hearing officer should make every effort to complete the written decision within thirty days of the hearing. If the hearing officer is unable to issue the written decision within thirty days, they should contact both the accused student and the dean of students to provide a date for completion of the written decision.

In cases involving allegations of sex discrimination, sexual harassment or sexual assault, subject to the Family Education Rights and Privacy Act (FERPA) and other applicable law, the dean of students shall, upon receipt of the hearing officers decision, forward copies of the decision to the Title IX coordinator and, if applicable, the complainant.

Sec. 11–609. Hearing Record

The hearing record consists of

  1. a copy of the notice required under section 11–603;
  2. the recording of the hearing certified by the hearing officer and the transcript, if any, certified by the court reporter, together with all evidence admitted under section 11–607;
  3. written motions and pleas; and
  4. the disciplinary decision of the hearing officer.

Subchapter 11–700. Sanctions

Sec. 11–701. Authorized Disciplinary Sanctions

See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 6 for more information.

  1. The dean of students, under subchapter 11–500, or the hearing officer after a hearing under subchapter 11–600, may impose one or more of the following sanctions for violation of the University’s expectations of conduct:
    1. written warning;
    2. disciplinary probation;
    3. withholding of grades, official transcript, and/or degree;
    4. bar against readmission, bar against enrollment, withdrawal from the University or from a period of enrollment, and/or drop from one or more classes;
    5. restitution;
    6. suspension of rights and privileges, including, but not limited to, participation in athletic or extracurricular activities and residing in or entering University housing;
    7. a failing grade for a test, an assignment, or a class, cancellation of all or part of previously earned course credit, and other academic sanction or sanctions;
    8. denial of degree;
    9. deferred suspension;
    10. suspension from the University for a specified period of time;
    11. expulsion (permanent separation from the University);
    12. revocation of degree or withdrawal of diploma;
    13. other sanction or sanctions as deemed appropriate under the circumstances.
  2. If a violation of the University’s expectations of conduct, other than subsection 11–404(a)(13) of this chapter or section 13–204 of the Institutional Rules, is committed because of the race, color, religion, national origin, gender, age, disability, citizenship, veteran status, sexual orientation, gender identity, or gender expression of a student or students directly harmed by the violation, such a discriminatory purpose will be treated as an aggravating factor for the purpose of determining the appropriate sanction or sanctions under subsection 11–701(a). For a complete set of cross-references to all regulation of harassment on the campus, see subsection 13–204(c) of the Institutional Rules.
Sec. 11–702. Authorized Academic Sanctions
  1. When a student signs a faculty disposition under section 11–505 for conduct constituting academic dishonesty as defined in section 11–402, the faculty member or the academic dean responsible for the class may impose one or more of the following grade-related sanctions:
    1. no credit or reduced credit for the paper, assignment, or test in question;
    2. retaking of examination or resubmission of assignment;
    3. failing grade or reduced final grade for the class;
  2. When a student signs an administrative disposition with the dean of students under section 11–504 or is found by a hearing under subchapter 11–600 to have committed academic dishonesty as defined in section 11–402, the dean of students or the hearing officer may both impose any of the grade-related sanctions listed in subsection 11–702(a) and impose any of the general sanctions listed in section 11–701 or 11-703.
Sec. 11–703. Pending Actions and Definition of Authorized Sanctions
  1. The dean of students or the hearing officer may withhold an official transcript, grade, diploma, or degree of a student alleged to have committed a violation of a rule or regulation of The University of Texas System or the University that would reasonably allow the imposition of such sanction.  The dean of students may take such action pending a hearing, resolution by administrative disposition, and/or exhaustion of appellate rights when, in the opinion of the dean of students, the best interests of The University of Texas System or the University would be served by this action.
  2. As appropriate under the circumstances, the dean of students or the hearing officer may impose a bar against the student's readmission or enrollment, may drop the student from one or more classes, or may withdraw the student from the University or from a period of enrollment. One or more of these sanctions may also be imposed on a student who fails to respond to a summons by the dean of students to discuss an alleged violation of the Regent's Rules and Regulations, University regulation, administrative rules, or the University's expectations of conduct.  If imposed for failure to respond to a summons, the sanction or sanctions may be reversed when the student responds to the summons as requested.
  3. “Written warning” means that the student has been notified that he or she has engaged in behavior that violated a rule or regulation of The University of Texas System or the University and that a further violation or violations of the regulations may result in more severe disciplinary action. The dean of students or the hearing officer may impose conditions related to the offense, such as counseling, educational seminars, or unpaid work assignments. Failure to meet the condition(s) will be considered an additional violation.
  4. “Disciplinary probation” is a specified period of time during which the student is required to comply with specified terms and conditions that include not engaging in further conduct that would violate a rule or regulation of The University Texas System or the University. A further violation or violations will result in consideration of suspension. The dean of students or the hearing officer may impose conditions related to the offense, such as reporting to the dean of students on a regular basis, counseling, educational seminars, or unpaid work assignments. Failure to meet the condition(s) will be considered an additional violation.
  5. The dean of students or the hearing officer may withhold an official transcript, grade, diploma, or degree of a student alleged to have committed a violation of a rule or regulation of The University of Texas System or the University that would reasonably allow the imposition of such sanction. The dean of students may take such action pending a hearing, resolution by administrative disposition, and/or exhaustion of appellate rights when, in the opinion of the dean of students, the best interests of The University of Texas System or the University would be served by this action.
  6. As appropriate under the circumstances, the dean of students or the hearing officer may impose a bar against the student’s readmission or enrollment, may drop the student from one or more classes, or may withdraw the student from the University or from a period of enrollment. One or more of these sanctions may also be imposed on a student who fails to respond to a summons by the dean of students to discuss an alleged violation of the Regents’ Rules and Regulations, University regulations, administrative rules, or the University’s expectations of conduct. If imposed for failure to respond to a summons, the sanction or sanctions may be reversed when the student responds to the summons as requested.
  7. “Restitution” is reimbursement for damage to or misappropriation of University property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages. Other than in extraordinary circumstances deemed necessary by the dean of students, the University will not facilitate restitution between individuals for conduct-related occurrences.
  8. Suspension of rights and privileges is an elastic sanction. The dean of students or the hearing officer may impose limitations to fit the particular case, as in the suspension of rights and privileges to enter or reside in University housing facilities. Suspension of eligibility for official athletic and nonathletic extracurricular activities prohibits the student on whom it is imposed, during the period of suspension, from joining a registered student organization; from taking part in a registered student organization’s activities or attending its meetings or functions; and from participating in an official athletic or nonathletic extracurricular activity.
  9. A failing grade or other academic sanction may be assigned to a student for a class in which he or she is found to have violated the University’s regulations regarding academic dishonesty.
  10. A student found to have violated the University’s regulations regarding academic dishonesty may be denied his or her degree. If the disciplinary process under this chapter is initiated while the accused student is completing required work for a degree but will not be resolved until after the completion of all required work for a degree, the accused student may be denied his or her degree until the completion of the disciplinary process.
  11. Deferred suspension permits the sanction of suspension to be deferred for a student for whom there are mitigating circumstances as determined by the dean of students or the hearing officer. If a student is found to have violated any rule of the University or The University of Texas System while the sanction of deferred suspension is in effect, the sanction for such a violation will be immediate suspension except in extraordinary circumstances as deemed appropriate by the dean of students. The dean of students or the hearing officer may impose conditions related to the offense, and failure to meet such conditions will be considered an additional violation.
  12. Suspension from the University prohibits the student on whom it is imposed, during the period of suspension, from entering the University campus without prior written approval of the vice president for student affairs (see Regents’ Rules and Regulations, Rule 50101, Number 2, Section 3 for more information), from being initiated into an honorary or service organization, and from receiving credit for academic work done during the period of the suspension. Suspension may also prohibit the student from being admitted to, enrolling at, or entering the campus of another component institution of The University of Texas System without prior written approval of the chief student affairs officer of the institution at which the student wishes to be present. The dean of students or the hearing officer may, however, permit the student to receive credit for academic work completed at another institution during the period of suspension, except when suspension is imposed for academic dishonesty. The dean of students or the hearing officer may impose conditions related to the offense, and failure to meet such conditions or terms of the sanction will be considered an additional violation.
  13. Suspension from the institution and/or suspension of rights and privileges is the minimum sanction that will be assessed for violation of the rules against illegal use, possession, and/or sale of a drug or narcotic on campus. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 2.3 for more information.
  14. Expulsion is a permanent separation from the University and prohibits the student on whom it is imposed from entering the University campus without prior written approval of the vice president for student affairs. Expulsion may prohibit the student from being admitted to, enrolling at, or entering the campus of another component institution of The University of Texas System without prior written approval of the chief student affairs officer of the institution at which the student wishes to be present. See Regents’ Rules and Regulations, Rule 50101 Number 2, Section 3 for more information.
  15. Revocation of the degree and withdrawal of the diploma may be imposed when the violation involves academic dishonesty or otherwise calls into question the integrity of the work required for the degree.
  16. Other sanctions may be imposed when, in the opinion of the dean of students or the hearing officer, the best interests of The University of Texas System or the University would be served.

Subchapter 11–800. Appeal

Sec. 11–801. Right to Appeal
  1. The accused student may appeal a sanction assessed by a faculty member under subsection 11–505(c) to the president.
  2. The accused student may appeal a sanction assessed by the dean of students under section 11–504 or subsection 11–505(b) or 11-505(d) to the president. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 7 for more information.
  3. Either the dean of students or the accused student may appeal a disciplinary decision issued by a hearing officer under section 11–608 to the president. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 7 for more information.  In cases involving allegations of sex discrimination, sexual harassment or sexual assault, the dean of students office shall consult with the Title IX coordinator and, if applicable, the complainant before deciding whether or not to appeal the hearing officer's decision.
Sec. 11–802. Appeal of Academic Sanctions Assessed by a Faculty Member
  1. The accused student may appeal the sanction or sanctions assessed by a faculty member under subsection 11–505(c) by submitting a written appeal to the president within fourteen days from the date on which the student signed the disciplinary decision. The written appeal must state the specific reasons for the appeal and must include any related argument. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 7.1 for more information.
  2. The appeal is restricted to the assessed sanction or sanctions.
  3. The student must provide a copy of the written appeal to the dean of students on the same date the appeal is submitted to the president.
  4. The dean of students may submit to the president a written response to the appeal and a copy of the disciplinary decision. These documents, if submitted, must be submitted no later than five days after the president received the appeal. The dean of students must provide a copy of the documents to the accused student. The dean of students’ submission of a response to the appeal will not extend the thirty-day period within which the action of the president will be communicated as outlined in subsection 11–802(f).
  5. The appeal of the sanction or sanctions assessed by the faculty member will be reviewed solely on the basis of the disciplinary decision, the written argument of the student, and the response to the appeal submitted by the dean of students. Oral arguments will not be considered.
  6. The action of the president will be communicated in writing to the accused student and the dean of students within thirty days after the appeal has been received by the president. The decision of the president will be final. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 7.3 for more information.
Sec. 11–803. Appeal of Sanctions Assessed by the Dean of Students
  1. The accused student may appeal the sanction or sanctions assessed by the dean of students under section 11–504 or subsection 11–505(b) or 11-505(d) by submitting a written appeal to the president within fourteen days from the date on which the student signed the disciplinary decision or received notice of an additional sanction issued by the dean of students. The written appeal must state the specific reasons for the appeal and must include any related argument. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 7.1 for more information.
  2. The appeal is restricted to the assessed sanction or sanctions.
  3. The accused student must provide a copy of the written appeal to the dean of students on the same date the appeal is submitted to the president. In cases involving allegations of sex discrimination, sexual harassment or sexual assault, subject to the Family Education Rights and Privacy Act (FERPA) and other applicable law, upon receipt of the accused student's written appeal, the dean of students office shall provide a copy of the written appeal to  the Title IX coordinator and, if applicable, the complainant.
  4. The dean of students may submit a written response to the appeal to the president. The response, if any, must be submitted no later than five days after the president received the appeal. The dean of students must provide a copy of the response to the accused student. In cases involving allegations of sex discrimination, sexual harassment or sexual assault, subject to the Family Education Rights and Privacy Act (FERPA) and other applicable law, the dean of students shall provide a copy to the Title IX coordinator and, if applicable, the complainant, of the written response to the appeal that it submits to the president. The dean of students’ submission of a response to the appeal will not extend the thirty-day period within which the action of the president will be communicated as outlined in subsection 11–803(f).
  5. The appeal of the sanction or sanctions assessed by the dean of students will be reviewed solely on the basis of the disciplinary decision, the written argument of the student, and the response to the appeal submitted by the dean of students. Oral arguments will not be considered.
  6. The action of the president will be communicated in writing to the accused student and the dean of students within thirty days after the appeal has been received by the president. The decision of the president will be final. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 7.3 for more information. In cases involving allegations of sex discrimination, sexual harassment or sexual assault, subject to the Family Education Rights and Privacy Act (FERPA) and other applicable law, upon receipt of the president's written decision, the dean of students shall promptly provide a copy of the decision to the Title IX coordinator and, if applicable, the complainant.
Sec. 11–804. Appeal of the Decision of the Hearing Officer
  1. Either the accused student or the dean of students may appeal the disciplinary decision of the hearing officer issued under section 11–608 by submitting a written appeal to the president within fourteen days from the date the appealing party was notified of the disciplinary decision. If notice of the disciplinary decision is sent by mail, the date the disciplinary decision is mailed initiates the fourteen-day period. The written appeal must state the specific reasons for the appeal and must include any related argument. See Regents’ Rules and Regulations, Rule 50101 for more information. If either party appeals the disciplinary decision, the president may request that the hearing recording be transcribed; the transcript will be made available to both parties. If a court reporter was present during the hearing and prepares a written transcript immediately thereafter, the transcript is considered part of the hearing record and is made available to both parties.
  2. If the accused student is the appellant, the student must provide the dean of students with a copy of the appeal submitted to the president on the same date the appeal is submitted to the president. If the dean of students is the appellant, the dean of students will give, e-mail, or mail a copy of the appeal to the accused student on the same day that the dean of students submits the appeal to the president. If the copy of the appeal is mailed or e-mailed, the dean of students will send it to an address listed in the registrar’s records.


    In cases involving allegations of sex discrimination, sexual harassment or sexual assault, subject to the Family Education Rights and Privacy Act (FERPA) and other applicable law, the dean of students shall provide a copy of an appeal submitted by either the accused student or the dean of students office to the Title IX coordinator and, if applicable, the complainant.

  3. Following submission of the appeal to the president, the non-appealing party may submit a written response to the president. The response, if any, must be submitted no later than five days after the president received the appeal. The non-appealing party must provide a copy of the response to the other party. The response must be limited to and specifically related to the arguments originally submitted by the appealing party. New or additional information not specifically related to the original arguments submitted will not be considered on appeal. Submission of a response to the appeal will not extend the thirty-day period within which the action of the president will be communicated as outlined in subsection 11–804(f).

  4. In cases involving allegations of sex discrimination, sexual harassment or sexual assault, subject to the Family Education Rights and Privacy Act (FERPA) and other applicable law, the dean of students shall provide a copy of a written response to an appeal submitted by either the accused student or the dean of students office to the Title IX coordinator and, if applicable, the complainant.

  5. At the discretion of the president, both parties may present oral arguments in an appeal of the disciplinary decision of the hearing officer. Should oral arguments be granted, the deadline described in subsection 11–804(f) may be extended at the discretion of the president. In cases involving allegations of sex discrimination, sexual harassment or sexual assault, the Title IX coordinator and, if applicable, the complainant shall be allowed to attend the presentation of oral arguments to the president.

  6. The appeal of the disciplinary decision of the hearing officer will be reviewed solely on the basis of the hearing record. The dean of students will submit the record from the hearing to the president as soon as it is available to the dean of students.
  7. The action of the president will be communicated in writing to the accused student and the dean of students within thirty days after the appeal has been received by the president. The decision of the president will be final. See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 7.3 for more information. In cases involving allegations of sex discrimination, sexual harassment or sexual assault, subject to the Family Education Rights and Privacy Act (FERPA) and other applicable law, upon receipt of the president's written decision, the dean of students shall provide a copy of the decision to the Title IX coordinator and, if applicable, the complainant.
  8. If a student fails without good cause as determined by the hearing officer to appear at a scheduled hearing after receiving the proper notice in accordance with section 11–603, the dean of students may proceed with the hearing in the student’s absence and the student loses his or her right to appeal the disciplinary decision of the hearing officer under section 11–804.
Sec. 11–805. President’s Authority

The president may approve, reject, or modify the disciplinary decision or sanction(s) in question or may require that the original hearing be reopened for the presentation of additional evidence and reconsideration of the disciplinary decision. It is provided, however, that upon a finding of responsibility in a case involving the illegal use, possession, and/or sale of a drug or narcotic on campus, the sanction is prescribed by subsection 11–703(k). See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 7.2 for more information.

Sec. 11–806. Effect of Appeal Upon Disciplinary Action

A timely appeal suspends the imposition of the sanction or sanctions until the appeal is finally decided, but any interim action issued in accordance with 11-502 will remain in effect while the appeal is being considered. Official transcripts, diplomas, grades, or degrees may also be withheld pending conclusion of the appeal as permitted by subsection 11–703(c).

Subchapter 11–900. Disciplinary Records

See Regents’ Rules and Regulations, Rule 50101, Number 2, Section 8 for more information.

Sec. 11–901. Details of Disciplinary Records
  1. The definition of a disciplinary record is listed in subchapter 9-300 and Section 11-300(6). Disciplinary records are confidential and may not be disclosed in whole or part except as provided in subchapter 9–300 of the Institutional Rules.
  2. The disciplinary record will be separate from the student’s academic record, will be confidential,    and will not be revealed except on request of the student or in accordance with applicable state and federal law, or as otherwise provided in subchapter 9-300.
Sec. 11–902. Notice to Administrative Offices
  1. The dean of students will notify the Office of the Registrar and other appropriate administrative offices if a disciplinary sanction restricts a student from being enrolled at the University during the period of the sanction. A bar may be imposed by the dean of students if one of the following sanctions has been assessed because of violation of a Regents’ Rule or University rule or regulation:
    1. bar against readmission;
    2. suspension from the University; or
    3. expulsion from the University.
  2. The dean of students will notify the Office of the Registrar and other appropriate administrative offices if any of the sanctions of withholding grades, withholding official transcript or degree, denial of degree, or revocation of degree and withdrawal of diploma are imposed.

 


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