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Chapter 6. Student Organizations

Subchapter 6–100. General Provisions

Sec. 6–101. Definitions

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

“Academic or administrative unit” means any office or department of the University.
“Authorized representative” or "officer" means a student designated to represent or speak for a registered student or sponsored student organization in its relations with the University and to receive official notices, directives, or information from the University on behalf of the registered student or sponsored student organization.
“Day” means an 8:00 a.m. to 5:00 p.m. calendar day, and excludes weekends, University holidays, skeleton crew days, and days on which regularly scheduled classes are suspended due to emergent situations. “University holiday” and “skeleton crew days” means days 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, University holiday or skeleton crew day, that deadline will be moved to the next day.
“Dean of students” means the dean of students of The University of Texas at Austin or the dean of students' delegate or representative.
“Legislative student organization” means a student association as defined by the Regents’ Rules and Regulations, Rule 50203. Legislative student organizations include but are not limited to Student Government, the Senate of College Councils, and the Graduate Student Assembly.
“Officially sponsored,” “sponsorship,” or “sponsored student organization” means a student organization whose purpose and activities are in accord with the mission of an academic or administrative unit, for whose actions and activities the sponsoring unit provides endorsement, support, supervision, and assumption of responsibility, and that has been officially approved by the vice president through an annual application as prescribed by the dean of students.
1. “Endorsement” means that the sponsoring administrative or academic unit gives approval of the sponsored student organization’s status as an official extension of the unit and sanctions the mission, goals, and activities of the sponsored student organization.
2. “Support” means to provide for or to maintain by contributing the necessary money, physical space, staff, advising, mentoring, and other resources that the sponsored student organization needs to carry out its mission, goals, and activities.
3. “Supervision” means to monitor, oversee, and advise the sponsored student organization. Supervision includes sanctioning and approving all activities and events of the sponsored student organization; maintaining personal knowledge of the sponsored student organization’s structure, operations, and activities; and taking action as necessary to ensure that all affairs of the sponsored student organization are consistent with the mission and culture of the sponsoring administrative or academic unit and the University.
4. “Assumption of responsibility” means to ensure endorsement, support, and supervision of all aspects of the sponsored student organization. Assumption of responsibility includes accepting financial accountability for all funds collected or spent; making sure the sponsored student organization conducts its affairs in accordance with all applicable University rules and regulations, Regents’ Rules, and local, state, and federal laws; and providing the necessary physical and personnel resources, including a dedicated sponsored student organization advisor.
“Registered student organization” means a student organization holding a valid registration under this chapter. Registered student organizations are considered private entities and are not viewed as extensions of an academic or administrative unit, or of the University. Registration ensures privileges as outlined in subsection 6-301 and allows the registered student organization to function within the institutional context.
“Registered student organization advisor” means a person serving in an advisory capacity to a registered student organization to provide guidance to the registered student organization and its members. A person serving as an advisor to a registered student organization affected by section 51.9361 of the Texas Education Code must be someone who
1. is at least twenty-one years of age;
2. is not enrolled as a student at the University;
3. serves as either;
  1. a part-time or full-time employee of the University; or
  2. a representative of a national organization that is associated with the registered student organization.
4. completes the Safety Education Program at least once in their tenure as an advisor.
"Sponsored student organization advisor" means a University staff or faculty member from the sponsoring administrative or academic unit who is serving in an advisory capacity to provide guidance to the sponsored student organization and its members. A person serving as an advisor to a sponsored student organization affected by section 51.9361 of the Texas Education Code must be someone who
1. is at least twenty-one years of age;
2. is not enrolled as a student at the University;
3. serves as a part-time or full-time employee of the University; and
4. completes the Safety Education Program at least once in their tenure as an advisor.
“Student” means a person who is currently enrolled at the University.
"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.
“Vice president” means the vice president for student affairs at The University of Texas at Austin, or his or her designee.

Subchapter 6–200. Registration

Sec. 6–201. Registration Required

Any group of students that wants to exercise any of the rights and privileges listed in section 6–301 will apply to the dean of students to be recognized as a registered student or sponsored student organization. An application for a new organization may be submitted semesterly during a period prescribed by the dean of students. Annual registration for existing student organizations occurs during a period prescribed and advertised by the dean of students.

Sec. 6–202. Application

A group of students that wants to be recognized or maintain their status as a registered student or sponsored student organization must

apply on a form prescribed by the dean of students;
provide a list of ten or students as members, three of which must be identified as officers including one as president;
submit an organization constitution that includes all sections and content prescribed by the dean of students; and
provide any other information required by the dean of students.

Sec. 6–203. Membership

Registered and sponsored student organizations may not deny membership on the basis of race, color, religion, national origin, gender identity, or gender expression, except that

1. a registered student organization created primarily for religious purposes may restrict the right to vote or hold office to persons who subscribe to the registered student organization’s statement of faith; and

2. a registered student organization may restrict membership based on the provisions of Title IX of the Education Amendments of 1972.

Registered and sponsored student organizations must limit membership to students, faculty members, and staff members of the University.

Sec. 6–204. Use of University Name

No student, unregistered group, or registered student, faculty, or staff organization may use the name of the University or an abbreviation of the name of the University as part of its name. A student, group, or organization may use terms such as “campus” or “Texas campus” or [name of organization] at The University of Texas at Austin as part of its name.
No student, unregistered group, or registered student, faculty, or staff organization may advertise or promote any event or activity in a manner that falsely suggests that the event or activity is sponsored by the University.

Sec. 6–205. Action on Application

In considering a completed application, the dean of students will not base approval on the merits of the proposed registered student or sponsored student organization’s purpose, but will register the applicant unless

1. it is ineligible under sections 6–202, 6-203, and 6-204;

2. there are bars, including financial, against the registered or sponsored student organization; or

3. it is under a disciplinary sanction prohibiting registration.

b. If a group of students is refused registration, the dean of students will provide the applicant with a written statement of the reasons for refusal within 14 days of receiving the application and the applicant may appeal in accordance with section 6–508.

Sec. 6-206. University Sponsorship of Student Organizations

a. Only a sponsored student organization may use the name of the University or an abbreviation of the name of the University or any of the University's trademarks or service marks as part of or in conjunction with its student organization name.

b. Sponsorship may not be extended to registered student organizations involved in political or religious activities or in projects for private gain.

c. Legislative student organizations must be officially sponsored by the University.

d. Sponsored student organizations must comply with all applicable fiscal and accounting procedures of the University of Texas at Austin.

Subchapter 6–300. Rights and Duties

Sec. 6–301. Recognition and Activities

A registered student or a sponsored student organization is entitled

to be listed as a registered student or sponsored student organization;
to reserve the use of University facilities under subchapter 10–200 of the Institutional Rules;
to raise funds or make other permissible solicitations on University property under section 13–205 of the Institutional Rules;
to distribute literature under subchapter 13–400 of the Institutional Rules;
to post signs under section 13–500 of the Institutional Rules;
to hang banners under section 13–504 of the Institutional Rules;
to set up A-frames under section 13–505 of the Institutional Rules;
to set up a table under subchapter 13–600 of the Institutional Rules;
to set up exhibits under subchapter 13–700 of the Institutional Rules;
to use amplified sound under subchapter 13–800 of the Institutional Rules;
to publicly assemble under subchapter 13–900 of the Institutional Rules;
to present a guest speaker on University property in accordance with subchapter 13–1000 of the Institutional Rules;
to apply for storage;
to apply for recognition and awards; and
to access event coordination consultations.

Sec. 6–302. Obligations

In addition to completing registration annually, registered and sponsored student organizations must meet these requirements in order to maintain their student organization status. The student organization shall
1. maintain a complete and accurate roster of no fewer than 10 members, including three officers;
2. conduct its affairs in accordance with local, state, and federal laws, the Regents' Rules and Regulations; and
3. file with the dean of students a final report, fully disclosing the sources and amounts of money obtained from solicitations during the preceding semester or summer session, and any other information required by the dean of students about solicitation activities during the preceding semester within thirty days after the beginning of each long semester, as defined in the Regents' Rules and Regulations, Rule 80103, Number 2, Section 4.
A registered student organization that is granted recognition from Sorority and Fraternity Life in the Office of the Dean of Students is subject to additional policies administered by Sorority and Fraternity Life.
No registered student or sponsored student organization may re-register or use the facilities of the University as long as it owes a monetary debt to the University and the debt is considered delinquent by the crediting University agency.
A registered student or sponsored student organization may be subject to discipline by the University under subchapters 6-400 and 6–500 for violating a Regents’ Rule, University regulation, or administrative rule.

Subchapter 6–400. Student Organization Discipline

Sec. 6–401. Administration by Dean of Students

The dean of students has primary authority and responsibility for the administration of student organization discipline. The dean of students works cooperatively with faculty members, staff members, hearing officer(s) or the Student Conduct Board in the disposition of Institutional Rule violations.

Sec. 6-402 Other General Definitions

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

“Advisor” means a single individual whom an accused registered student or sponsored student organization may elect to accompany them to a meeting with the dean of students or a hearing regarding an alleged violation of University policy. The accused student organization is solely responsible for presenting its case during the disciplinary process. An advisor may confer with and advise the accused student organization but may not advocate for the student organization in a meeting with the dean of students or in a hearing or directly address the Student Conduct Board or hearing officer. If an advisor is directly related to a disciplinary case or if the advisor’s presence poses a conflict of interest, the dean of students or hearing officer may dismiss the advisor from the meeting or hearing. Advisors may be dismissed from any disciplinary proceedings if they disrupt the process. If an advisor is an attorney, then the dean of students may also be accompanied by an attorney.
"Appellate officer" means a person designated by the president to issue final decisions in a student organization disciplinary matters.
"Complainant” means a person who is reported to be the victim of prohibited conduct related to a Track C case.
“Disciplinary decision” means a written decision as to whether an accused registered student or sponsored student organization has committed a violation of a Regents’ Rule, University regulation, or administrative rule. The disciplinary decision includes the findings of fact in support of the decision along with the assessed sanction or sanctions, if any.
“Disciplinary record” means an administrative record maintained by the dean of students in connection with a registered student or sponsored student organization’s violation or alleged violation of a Regents’ Rule, University regulation, or administrative rule. The disciplinary record may include hearing records, disciplinary decisions, and other documents required under this chapter or deemed relevant by the dean of students.
“Hearing officer” means a person appointed by the president of the University to conduct hearings of alleged violations of a Regents’ Rule, University regulation, or administrative rule.
"HOP 3-3031 Track C cases” or “Track C cases” refers to allegations of conduct that potentially constitutes Sex Discrimination, Sexual Exploitation, Unprofessional/Inappropriate Conduct, Retaliation, False Information or False Complaint, and Interference with Grievance Process, as defined in HOP 3-3031. These cases are investigated by the Investigations Unit in University Compliance Services and referred to the dean of students for discipline decision. Notwithstanding this Rule’s provisions, for allegations covered under Handbook of Operating Procedures 3-3031 Track A and Track B, initiation of the grievance process, investigation, hearing, any discipline determination, and appeal will be according to HOP 3-3031’s provisions, which control for such allegations.
"Interim disciplinary action" means an indefinite period of time when a registered or sponsored student organization is required to cease and desist from engaging in specific activities outlined by the dean of student, while the University investigates the matter(s).
“Respondent” means the organization reported to be the alleged perpetrator of conduct related to a Track C case.
“Student Conduct Board” (SCB) means the entity or group of persons composed primarily of students, who along with faculty and/or staff, are appointed by the president, as provided in this chapter, to conduct hearings and issue decisions concerning the prohibited conduct of student organizations. The SCB shall not hear matters pertaining to Track C cases or cases involving actual or threatened violent conduct against a person. A member of the SCB may not conduct a hearing or issue decisions for any accused student organizations where they are currently or previously have been members of the accused student organization.

Sec. 6-403 Hearing Officer and Student Conduct Board

Hearing Officers and the Student Conduct Board (SCB) will be appointed in accordance with procedures established by the Vice President for Student Affairs. The Vice President for Student Affairs may appoint an individual or an office to coordinate the work of the hearing officer(s) and SCB. The selection and training of both bodies is under the authority of the president’s office and facilitated by the Vice President for Student Affairs.

a. Composition.

The SCB is composed of students, faculty and staff members.
1. Student members must be currently enrolled in the University and cannot be an executive officer of any legislative student organization.
2. Student candidates for membership shall be recommended by a selection committee appointed by the Vice President of Student Affairs. The president will appoint the student members of the SCB upon the recommendation of the selection committee.
Hearing officer(s) are full time faculty or staff members.

b. Chair. The chair of the SCB shall be appointed by the Vice President for Student Affairs.

c. Panels. The SCB will act through panels appointed ad hoc for each hearing. Each panel shall be composed of five members or three members: four student members and one faculty/staff member, or two student members and one faculty/staff member. The panel foreperson will be selected by the SCB chair.

d. Quorum. A quorum of the SCB is a majority. A quorum of a panel of the SCB is a total of three SCB members. This panel quorum will be at least two students and one faculty/staff member.

e. Jurisdiction. The SCB shall only hear matters concerning allegations of academic dishonesty, general misconduct, and certain prohibited conduct of student organizations. The SCB shall not hear matters pertaining to Track C cases or cases involving actual or threatened violent conduct against a person. Hearing officer(s) can hear all of the same case categories as the SCB and will address violent conduct cases and/or Track C cases that fall under HOP 3-3031.

Sec. 6-404 Prohibited Conduct of Student Organizations

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 6–500 against a registered or sponsored student organization that:

a. Local, State, or Federal Law Violations - engages in conduct that may violate 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;

b. Firearms and Dangerous Materials - 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, unless authorized by federal, State or local laws; or, violates Policy 8-1060, Campus Carry, of the Handbook of Operating Procedures;

c. Harmful Behavior - 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;

d. Sex or Gender Based Harassment - violates the University’s prohibition of sex discrimination, sexual harassment, sexual assault, interpersonal violence (including domestic violence and dating violence) and stalking as contained in HOP 3-3031;

e. Theft - takes property of the University, property belonging to any student or employee of the University, or property of a visitor on the campus;

f. Hazing - violates the University’s prohibition of hazing as contained in Chapter 14 of the Institutional Rules;

g. Alcohol Misconduct - 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;

h. Illegal Drug Use and/or Possession - engages in the use, possession, or sale of an illegal drug or narcotic, or possession of drug paraphernalia;

i. Individual and/or Unauthorized Group Disturbance - 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;

j. Unauthorized Access to Artificial Bodies of Water and/or Damage to Other Property - 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);

k. Other Harassment under Subsection 13-204 of the Institutional Rules (Speech, Expression, and Assembly) or HOP 3-3020 - engages in harassment;

l. Unauthorized Use of Institutional Property - engages in unauthorized use of property, including keys, 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;

m. Unauthorized Use of Institutional Technology - 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;

n. Stalking - A course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or would cause that person to suffer substantial emotional distress. A “course of conduct” means two or more acts in which a person directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person or interferes with a person’s property. “Reasonable person” means a reasonable person under similar circumstances and with similar identities to the person who experienced the reported stalking. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. (Please note that Stalking here in 6-404(n) is separate from the Stalking rule included in HOP 3-3031);

o. Gambling - engages in or offers games of chance for money or other gain in violation of Texas Law;

p. Providing False and Misleading Information

1. 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,

2. 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; or,

3. 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.

q. Privacy Violation - 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 including sexual exploitation as defined under Handbook of Operating Procedures 3-3031(VII)(B);

r. Disruptive Conduct

1. Engages in conduct that interferes with or disrupts the student learning or teaching function of the University; or,

2. attempts 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; or,

3. behaves in a manner that impedes, interferes with, or disrupts any University teaching, research, administrative, disciplinary, public service, learning, or other authorized activity; and

4. that is not otherwise constitutionally protected speech.

s. Failure to Comply

1. Any person on any property of the University to refusing to identify himself or herself to an institutional representative in response to a request must identify 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 University of Texas 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; or,

2. 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, failing to timely complete educational outcomes assigned through the Restorative Practices Alternative under HOP 3-3031, and failing to complete disciplinary or administrative sanctions; or,

3. Refuses to identify one’s self to a University official, faculty member, or staff member acting in an official capacity; or,

4. Engages in any prohibited conduct while suspended for disciplinary reasons.

t. Retaliation - Retaliation against a person who reports a potential violation under the institutional rules, assists someone with a report of a violation, or participates in any manner in an investigation or in the resolution of a complaint made under the institutional rules is strictly prohibited and will not be tolerated. Retaliation includes but is not limited to threats, intimidation, reprisals and/or adverse actions related to an individual’s employment or education. The University will take appropriate steps to assure that a person who in good faith reports, complains about, or participates in an investigation pursuant to this institutional rule will not be subjected to retaliation. Individuals who believe they are experiencing retaliation are strongly encouraged to file a complaint with the University.

u. Violent Conduct - use or attempted use of excessive force or brutality against another person.

v. Animal Cruelty - engages in conduct with an animal that may violate 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;

w. University System and Institutional Violations - 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.

x. Financial Misconduct - The writing of checks on accounts with insufficient funds, issuance of stop pays, disputed credit card chargebacks, or the nonpayment or delinquent payment of outstanding loans, purchases from campus stores, or failure to meet any other financial obligations to the University.

y. Property Damage - damages, defaces, destroys, or tampers with property of the University, property belonging to any student or employee of the University, or property of a visitor on the campus.

Subchapter 6–500. Disciplinary Procedures

Sec. 6–501. Initiation of Disciplinary Proceeding

The dean of students has primary authority and responsibility for the administration of registered student and sponsored student organization discipline. Any act by an academic or administrative unit that could reasonably be construed as a discipline against a registered student or sponsored student organization must afford sufficient process consistent with University policy; such decisions should be submitted to the dean of students and then will be kept in the official registered student or sponsored student organization files maintained by the dean of students. The dean of students retains the authority to modify any discipline issued by an academic or administrative unit; the authority to modify a discipline includes the authority to impose further sanctions.
A registered student or sponsored student organization violates a Regents’ Rule, University regulation, administrative rule, city ordinance, or state or federal law when
1. one or more of its officers or authorized representatives acting in the scope of their organizational capacities commit a violation;
2. one or more of its members commit a violation and the action that constitutes the violation was approved by majority vote of those members of the student organization present and voting;
3. one or more members of a committee of the student organization commit a violation while acting in the scope of the committee’s assignment;
4. a member of the student organization commits a violation while acting with apparent authority of the registered student or sponsored student organization;
5. one or more members of the student organization or its officers permit, encourage, aid, or assist any of its members in committing a violation;
6. one or more members of the student organization or its officers, under circumstances where such persons knew or should have known that an action constituting a violation was occurring or about to occur, fails to prevent that action; or
7. one or more members of the student organization fail to report to appropriate University or civil authorities promptly their knowledge or any reasonable information about a violation.
When the dean of students receives information that a registered student or sponsored student organization has allegedly violated a Regents’ Rule, University regulation, administrative rule, city ordinance, or state or federal law, the alleged violation will be preliminarily investigated. Upon completing the preliminary investigation, the dean of students may:
1. dismiss the allegation as unfounded or otherwise conclude the investigation; or
2. pursue a conference resolution as described in section 6-503; or
3. pursue an administrative resolution as described in subsection 6–505(d).
University disciplinary action will be based upon the "Preponderance of Evidence" standard. This standard is satisfied if the action is deemed more likely to have occurred than not.
If the dean of students establishes the preponderance of evidence and determines that there are reasonable grounds for proceeding with the disciplinary process, the dean of students may elect to proceed with the case through either a conference resolution or an administrative resolution. The decision to proceed under a conference or an administrative resolution is at the sole discretion of the dean of students and may be made at any point during the disciplinary process.
Notwithstanding any other provision of this chapter, the dean of students or the president of the University may take immediate disciplinary action against a registered student or sponsored student organization that violates a rule or regulation of the University or The University of Texas System when, in the opinion of the official, the interest of the University or The University of Texas System would be served by interim action. The dean of students will notify the authorized representative(s) of the accused registered student or sponsored student organization by letter or by e-mail of the disciplinary decision. The dean of students may send the notice to any authorized representative of the registered student or sponsored student organization. A letter or an e-mail message sent to an authorized representative at 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. An e-mail message will be considered to have been received on the second day after the day of sending the message.

Sec. 6–502. Investigation

An investigation is an administrative process by which the dean of students gathers information related to the allegation of a violation of a Regents’ Rule, University regulation, administrative rule, city ordinance, or state or federal law. The investigation may include but is not limited to, summoning authorized representatives and members of the accused registered student or sponsored student organization; requesting documents from the student organization; reviewing organizational records; reviewing information received by off-campus persons or organizations, including law enforcement; reviewing information received by an academic or administrative unit; and calling witnesses.
Searches of organization-occupied or organization-controlled premises or of an organization’s possessions will be conducted only as authorized by law.
Registered student and sponsored student organizations that fail to respond to meeting requests from the dean of students may be subject to interim disciplinary action as described in subsection 6-501(f); interim disciplinary action includes but is not limited to restrictions of privileges.
If the dean of students calls a meeting with a student during an investigation, the student may be accompanied by an advisor. The student must give the dean of students twenty-four hours’ notice that the advisor will attend the meeting.
Allegations of conduct assigned to Track C under HOP 3-3031 will be investigated in accordance with the procedures described in HOP 3-3031 and referred to the dean of students for disciplinary decision. At the discretion of the dean of students and in coordination with the Title IX Coordinator, Track C allegations may be resolved through that Restorative Practices Alternative in HOP 3-3031 rather than a formal investigation process.
During a Track C case investigation, the dean of students has the authority to enact interim measures to minimize contact between the involved parties, including but not limited to the issuance of a no contact directive.

Sec. 6–503. Conference Resolution

Either during an investigation or afterwards, the dean of students may contact the authorized representative(s) of the accused registered student or sponsored student organization for a conference at which the student organization may respond to the charges. If the authorized representative(s) fail to respond, or if the dean of students determines that a conference resolution is not appropriate under the circumstances, then the administrative resolution process may be initiated.
An outcome that may result in suspension or expulsion is not eligible for conference resolution.
The dean of students retains the right to issue warning letters without a disciplinary conference.
After hearing the accused student organization's response to the allegation, the dean of students will either
1. dismiss the allegation; or
2. determine that a violation has occurred and recommend a sanction as described in section 6–507.
A student organization that receives a sanction in a conference resolution has the right to appeal the decision as described in section 6–508.

Sec. 6–504. Administrative Resolution: Summoning a Student Organization

The dean of students may summon the authorized representative(s) of the accused registered student or sponsored student organization 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.
The message will direct the student(s) to appear at a specific time and place at least three days after the date of the message if the message is sent by letter, or at least two days after the date of the message if the message is sent by e-mail. In Track C cases, the dean has the right to summon the student(s) at least one day after the date of the message.
The dean of students may impose one or more of the sanctions under section 6–507 against the accused registered student or sponsored student organization if a member, officer, or authorized representative of the student organization fails without good cause to comply with a summons sent under subsection 6–504(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.)
A student may also be subject to discipline under chapter 11 of the Institutional Rules for failure to respond to a summons issued under this section.

Sec. 6–505. Administrative Resolution: Notice of Findings and Disciplinary Decision

Upon completion of the investigation under section 6–502, the dean of students will share the findings of the investigation with the authorized representative(s) of the accused registered student or sponsored student organization.
The dean of students will notify the authorized representative(s) by letter or by e-mail of the specific time and place to discuss the findings of the investigation and disciplinary decision. The dean of students may send the notice to any authorized representative of the accused registered student or sponsored student organization. A letter or an e-mail message sent to an authorized representative at an address listed in the registrar’s records will constitute full and adequate notice.
The dean of students will inform the authorized representative(s) that there are two options to resolve the disciplinary matter. The authorized representative(s) will have ten days to select one of the two options and to notify the dean of students by letter or by e-mail of their choice:
1. The dean of students retains the right to determine if the registered or sponsored student organization may enter into a written, mutual resolution agreement with the dean of students as provided in section 6-506; or
2. the dean of students will provide a disciplinary decision that includes a sanction or sanctions pursuant to section 6–507.
If, without good cause as determined by the dean of students, the authorized representative(s) fail to choose an option for resolving the disciplinary matter in accordance with subsection 6–505(c), the registered student or sponsored student organization waives its right to enter into a written agreement to address student organization conduct.
If the authorized representative(s) choose to enter into a written agreement with the dean of students as described in subsection 6–505(c)(1), the authorized representative(s) and the dean of students will have thirty days to develop and sign a mutually acceptable agreement. The thirty-day period will begin when the authorized representative(s) notify the dean of students that they choose to enter into a written agreement. At the discretion of the dean of students, the thirty-day deadline may be extended for a period not to exceed an additional thirty days.
The dean of students will render a disciplinary decision as described in subsection 6–505(c)(2) if
1. the authorized representative(s) do not choose the option described in subsection 6–505(c)(1) of entering into a written agreement with the dean of students;
2. the authorized representative(s) fail to choose either of the options described in subsection 6–505(c); or
3. the authorized representative(s) and the dean of students are unable to develop a written agreement as described in subsection 6–505(c)(1) that is acceptable to both parties, when applicable.
The disciplinary decision of the dean of students will include any sanction or sanctions pursuant to section 6–507 that are appropriate to the charges and to the accused registered student or sponsored student organization's disciplinary record, if any.
The dean of students will share the disciplinary decision with the authorized representative(s) of the accused registered student or sponsored student organization. The decision will
1. concisely describe the dean of students’ findings of fact regarding the allegation;
2. state the sanction or sanctions imposed, if any; and
3. if any violation is found or any sanction or sanctions imposed, advise the authorized representative(s) of their resolution options and right to appeal in accordance with section 6–508.
In Track C cases, the dean of students, subject to the Family Educational Rights and Privacy Act (FERPA) and other applicable law, shall:
1. proceed to resolve the matter before a hearing officer unless both the accused student organization and the complainant agree to waive the hearing procedures in accordance with sections 6-503(c), 6-504, and 6-505.
2. inform the accused student organization, and complainant, if applicable, as to any disposition of the case or if the accused student organization or complainant has chosen to proceed to a hearing.

Sec. 6-506. Mutual Resolution Agreement

a. In pursuit of a Mutual Resolution Agreement, the dean of students and the registered or sponsored student organization will work together to resolve the disciplinary matter in a way that eliminates the behavior(s), and prevents its recurrence, within the practice and culture of the organization.

b. The result of this resolution process is an agreement between the registered or sponsored student organization and the university intended to restructure and rehabilitate the conduct and practices of the organization through the completion of specified terms and conditions, which may include sanctions as outlined in section 6-507.

c. This agreement will last for a specified period of time, during which the registered or sponsored student organization will be granted conditional registration. This conditional registration may be terminated if the organization is found in violation of any university policies as outlined in the Institutional Rules, or if the organization fails to comply with the terms and conditions of the agreement.

Sec. 6–507. Sanctions

A student may be disciplined for a violation under chapter 11 of the Institutional Rules even though the registered student or sponsored student organization of which the student is a member is disciplined under subchapter 6–500 for the same violation or for a violation growing out of the same factual transaction.
The dean of students, acting pursuant to section 6–501, the hearing officer, or student conduct board, after a hearing under subchapter 6–500, may impose one or more of the following sanctions on an accused registered student or sponsored student organization for violation of a Regents’ Rule, University regulation, or administrative rule:
1. "Written warning" means that the authorized representatives of the registered or sponsored student organization have been notified that the organization has engaged in behavior that violated a rule or regulation of The University of Texas System or the University. The dean of students may impose conditions related to the offense to address the behavior that led to the violation. Further violations may result in a minimum of probation for the organization.
2. "Probation" means a specified period of time during which the registered or sponsored student organization is required to comply with specified terms and conditions to address the behavior that led to the violation. During this specified period of time, the dean of students may restrict one or more of the organization's rights, as listed in Section 6-300. Further violations may result in a minimum of suspension for the organization.
3. "Deferred suspension" means that the conduct of the registered or sponsored student organization could have resulted in suspension, but the suspension is deferred for a period of observation and review. During the period of deferred suspension, the dean of students may restrict one or more of the organization's rights, as listed in Section 6-300. Further violations may result in a minimum of suspension for the organization.
4. "Suspension" means a specified period of time during which the registered or sponsored student organization is prohibited from utilizing specified privileges, as listed in Section 6-300, and is required to comply with specified terms and conditions to address the behavior that led to the violation. Further violations may result in a minimum of cancellation for the organization.
5. "Expulsion" means a permanent separation from the University and prohibits the registered or sponsored student organization from university recognition. This status results in the automatic loss of all rights and privileges associated with University recognition; or
6. impose another sanction or sanctions deemed appropriate under the circumstances.
The dean of students, the hearing officer, or student conduct board may impose terms and conditions, including education outcomes/sanctions, related to the offense, and failure to meet the terms and conditions will be considered an additional violation.

Sec. 6–508. Options Following a Disciplinary Decision Issued by the Dean of Students

A registered student or sponsored student organization that has not had its registration suspended or canceled may appeal the disciplinary decision assessed by the dean of students under subsection 6–507(b) to the appellate officer as dictated by section 6-517.
A registered student or sponsored student organization that has had its registration suspended or canceled may appeal the disciplinary decision assessed by the dean of students under subsection 6–507(b) to the appellate officer as dictated by section 6-517, or request a formal hearing before a University hearing officer or student conduct board as dictated by section 6-509.
A registered student or sponsored student organization that has had its application for registration denied by the dean of students under subsection 6–205(b) may appeal to the appellate officer as dictated by section 6-517.
Notice of appeal timely given suspends the imposition of the sanction or sanctions until the appeal is finally decided, but interim action may be taken as authorized under subsection 6–501(f).

Sec. 6–509. Appeal to a Hearing Officer or Student Conduct Board

To appeal a disciplinary decision of suspension or cancellation of registration issued under section 6–507 to a hearing officer or student conduct board, the authorized representative(s) of the accused registered or sponsored student organization must submit a written appeal to the dean of students. The appeal must be submitted by letter or by e-mail within ten days from the date on which the dean of students discussed the disciplinary decision with the authorized representative(s). The appeal must state the name of the registered student organization, the date the decision was shared, and specific reasons for the appeal, including any related argument.

Sec. 6–510. Hearing Officer or Student Conduct Board

The hearing officer or student conduct board will preside over the hearing and will
1. determine whether the dean of students has satisfied the requirements of section 6–511;
2. 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 during the hearing;
4. facilitate the hearing process, which includes the authority to remove anyone from the hearing who is disrupting the process;
5. issue a written decision that identifies the finding of fact and determination as to whether a student organization is responsible or not for a policy violation;
6. assess a sanction or sanctions; and
7. provide the authorized representative(s) of the accused registered student or sponsored student organization and its sponsoring department and the dean of students with a copy of the decision.
The authorized representative(s) of the accused registered student or sponsored student organization may challenge the hearing officer or student conduct board on the basis of an alleged lack of fairness or objectivity, but they are not entitled to disqualify that person from serving. It will be up to the challenged person to determine whether he or she can serve with fairness and objectivity. If the challenged person disqualifies himself or herself, another hearing officer or student conduct board member will be appointed.

Sec. 6–511. Notice of Hearing

The dean of students will notify the authorized representative(s) of the accused registered student or sponsored student organization and its sponsoring department by letter or by e-mail of the date, time, and place for the hearing. The notice will be sent to each authorized representative at an address listed in the registrar’s records. Policies for the use of e-mail for official correspondence are given in Appendix M.
The notice will specify a hearing date at least ten days after the date the letter or e-mail message is received, unless the accused registered student or sponsored student organization has requested an earlier date as allowed by subsection 6–511(c).
The authorized representative(s) of the accused registered student or sponsored student organization may request, in writing, that an earlier hearing date be set if feasible to arrange. The hearing officer or student conduct board for good cause may postpone the hearing, and he or she will notify the dean of students and the authorized representative(s) of the new hearing date. An authorized representative’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.)
Notice sent under subsection 6–511(a) will
1. state the time, date, and place for the hearing;
2. advise the authorized representative(s) of their rights
  1. to have an advisor at the hearing;
  2. to challenge the objectivity of the hearing officer or the members of the SCB panel designated to hear the charges;
  3. to know the identity of each witness who will participate in the hearing;
  4. to present documentation and other supporting information, and to argue on the registered student or sponsored student organization’s behalf;
  5. to question each witness who appears at the hearing and testifies; and,
  6. to appeal under section 6–518;
3. contain the name of the hearing officer or the names of the SCB panel appointed to hear the matter;
4. contain the names of witnesses who may testify against the accused registered student or sponsored student organization and a brief summary of the testimony to be given by each;
5. contain a list of documentation that will be presented during the hearing;
6. contain a copy of the disciplinary decision by the dean of students; and
7. notify the authorized representative(s) of the accused registered student or sponsored student organization that, if the student organization is advised by an attorney at the hearing, then the dean of students may be advised by an attorney at the hearing. An advisor may confer with and advise the dean of students or the authorized representative(s) but will not be permitted to question witnesses, introduce evidence, make objections, or present arguments to the hearing officer or student conduct board.
An authorized representative’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.
In situations where all of the authorized representatives of the accused registered student or sponsored student organization fail to attend a scheduled hearing, the hearing officer or student conduct board will determine if the dean of students provided notice per 6-511 and will hold the hearing without the student organization's participation. If the hearing proceeds in the absence of the accused student organization, the hearing will be conducted according to the provisions of 6-513(a) with the final decision issued by the hearing officer or student conduct board as dictated by 6-515. Even in situations where no authorized representatives from the registered student or sponsored student organization attend the hearing, the hearing officer or student conduct board’s decision may be appealed under Section 6-518.

Sec. 6–512. Preliminary Matters for a Hearing

The authorized representative(s) of the accused registered student or sponsored student organization must furnish the dean of students with a list of any witnesses who may testify on behalf of the registered student or sponsored student organization, including a summary of each witness’s testimony, and provide any supporting documentation for use in the hearing at least 3 days in advance of the proceeding. If the student organization has an advisor, the name of the advisor and the advisor's relationship to the student organization must also be provided with the other preliminary information.
At least five days before the hearing date, the authorized representative(s) of the accused registered student or sponsored student organization will furnish the hearing officer with
1. any objection that, if sustained, would postpone the hearing; and
2. the name of the advisor(s), if any, who will appear with the authorized representative(s), and the relationship of the advisor(s) to the authorized representative(s).
At least two days before the hearing date, the dean of students will provide the authorized representative(s) of the accused student organization with access to documents that may be introduced at the hearing.
The authorized representatives of the accused student organization may request a hearing postponement to the dean of students. The authorized representatives must provide a compelling reason for the requested postponement, including, but not limited to, a procedural error, an emergency situation, or a documented academic impact that would prevent the authorized representatives from participating. The dean of students will determine whether or not a postponement will be granted, and if possible based upon the timing of the request, will notify all parties of the decision as soon as possible.

Sec. 6–513. Hearing Procedure

The dean of students establishes the hearing procedure. This procedure will be provided to the authorized representatives in advance of the hearing. The hearing procedure will include the following:
1. statement of the allegations;
2. review of student organization rights in the process, including the standard of evidence;
3. a presentation of the case and summary of investigation by the dean of students;
4. calling of witnesses by the dean of students;
5. the authorized representative(s) will have the opportunity to make an opening statement and present their witnesses and supporting information;
6. the authorized representative(s), dean of students and the hearing officer or SCB may all ask questions of each witness presented;
7. the dean of students and the authorized representative(s) are given the opportunity to present rebuttal evidence and argument;
8. the dean of students and the authorized representative(s) are given the opportunity to present a recommendation on a sanction or sanctions;
9. the dean of students and the authorized representative(s) are given the opportunity to present a closing statement;
10. the hearing officer or a majority of the panel of the SCB decides whether a violation has occurred and assesses a sanction or sanctions in accordance with section 6–507; and
11. the hearing officer or student conduct board informs the authorized representative(s) of the registered student or sponsored student organization’s right to appeal to the appellate officer.

Sec. 6–514. Evidence in Hearings

Legal rules of evidence do not apply to university hearings for alleged violations of institutional rules.
The standard of evidence in all university hearings is preponderance of the evidence.
During the hearing, the hearing officer or SCB panel may admit and give effect to evidence, including testimony and documentary evidence. The hearing officer or the foreperson of the SCB panel will exclude irrelevant, immaterial, and unduly repetitious evidence. All evidence admitted during the hearing will be made a part of the record.
Upon a hearing of the allegations, the student conduct representative has the burden of going forward with the evidence and the burden of proving the charges by the preponderance of evidence.
A witness will testify unless the testimony is privileged as recognized by law or is excluded by the hearing officer or student conduct board. If a witness refuses to testify based upon a privileged relationship recognized by Texas law, the hearing officer or student conduct board 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.
The hearing officer or a majority of the SCB panel will decide whether a violation has occurred and assess an appropriate sanction or sanctions solely on the basis of admitted evidence. The accused registered student or sponsored student organization’s disciplinary record is deemed admitted into evidence during a hearing to help the hearing officer or the SCB panel assess an appropriate sanction or sanctions.

Sec. 6–515. Disciplinary Decision of the Hearing Officer or Student Conduct Board

The hearing officer or the majority of the SCB panel will render a written decision as to whether the accused registered student or sponsored student organization 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 authorized representative(s) of the accused registered student or sponsored student organization and the dean of students will each be given a copy of the decision. The written decision is the official decision on the matter from which any appeal is taken. The hearing officer or the majority of the SCB panel should make every effort to complete the written decision within ten days of receiving the transcript of the hearing. If the hearing officer or the majority of the SCB panel is unable to issue the written decision within ten days of receiving the transcript, he or she (or in case of a SCB panel, the foreperson) should contact both the authorized representative(s) of the accused student organization and the dean of students to provide a date for completion of the written decision.

Sec. 6–516. Hearing Record

The hearing record consists of

a copy of the notice required under section 6–511;
the recording of the hearing and/or the transcript, if any, together with all evidence admitted under section 6–514;
written motions and pleas; and
the disciplinary decision of the hearing officer.

Sec. 6–517. Appeal of the Decision of the Dean of Students to the Appellate Officer

The authorized representative(s) of the accused registered student or sponsored student organization may appeal the disciplinary decision of the dean of students under section 6–507 directly to the appellate officer. The appeal, if any, must be submitted in writing to the appellate officer within ten days from the date on which the authorized representative(s) were notified of the disciplinary decision. If notice of the decision is sent by mail, the date the notice is mailed initiates the ten-day period. The written appeal must state the specific reasons for the appeal and must include any related argument. The authorized representative(s) must provide the dean of students with a copy of the appeal submitted to the appellate officer.
The dean of students may submit a written response to the appeal to the appellate officer. The response, if any, must be submitted no later than ten days after the appellate officer received the accused registered student or sponsored student organization’s appeal. The dean of students must provide a copy of the response to the authorized representative(s) of the accused registered student or sponsored student organization. The dean of students’ submission of a response to the appeal will not extend the thirty-day period within which the action of the appellate officer will be communicated as outlined in subsection 6–519(b).
The accused registered student or sponsored student organization’s appeal will be reviewed solely on the basis of the registered student or sponsored student organization’s disciplinary record, the written arguments of the authorized representative(s) of the registered student or sponsored student organization, and the written response to the appeal submitted by the dean of students.
The accused registered student or sponsored student organization may only appeal a decision by the dean of students based only on one or more of the following grounds:
1. Significant procedural error inconsistent with the processes as outlined in subchapters 6-500.
2. Discovery of any new information unknown or not reasonably foreseeable to the accused registered student or sponsored student organization or the dean of students at the time of the decision that was material to and could have reasonably impacted the disciplinary decision.
3. The sanction(s) determined by the dean of students, hearing officer, or SCB are significantly disproportionate to the violation.

Sec. 6–518. Appeal of the Decision of the Hearing Officer or Student Conduct Board to the Appellate Officer

Either the authorized representative(s) of the accused registered student or sponsored student organization or the dean of students may appeal the disciplinary decision of the hearing officer or student conduct board rendered under section 6–515 by submitting a written appeal to the appellate officer. The appeal, if any, must be submitted within ten days from the date on which 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 ten-day period. The written appeal must state the specific reasons for the appeal and must include any related argument. If either party appeals the disciplinary decision, the appellate officer may request that the 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.
If the accused registered student or sponsored student organization is the appellant, the authorized representative(s) of the student organization must provide the dean of students with a copy of the appeal submitted to the appellate officer on the same date that the appeal is submitted to the appellate officer. 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 authorized representative(s) of the registered student or sponsored student organization on the same day that the dean of students submits the appeal to the appellate officer. If the copy of the appeal is mailed or e-mailed, the dean of students will send it to the authorized representative(s) at an address listed in the registrar’s records.
Following the submission of the appeal to the appellate officer, the non-appealing party may submit a written response to the appellate officer. The response, if any, must be submitted no later than ten days after the appellate officer received the appeal. The non-appealing party must provide a copy of the response to the other party. The submission of a response to the appeal will not extend the thirty-day period within which the action of the appellate officer will be communicated as outlined in subsection 6–519(b).
The appeal of the disciplinary decision of the hearing officer or student conduct board will be reviewed solely on the basis of the hearing record, the accused registered student or sponsored student organization’s disciplinary record, the written arguments of the appealing party, and the written response of the non-appealing party. The dean of students will submit the record from the hearing to the appellate officer as soon as it is available to the dean of students.
The accused registered student or sponsored student organization or the dean of students may only appeal a decision by the hearing officer or student conduct board based only on one or more of the following grounds:
1. Significant procedural error inconsistent with the processes as outlined in subchapter 6-500.
2. Discovery of any new information unknown or not reasonably foreseeable to the accused registered student or sponsored student organization or the dean of students at the time of the decision that was material to and could have reasonably impacted the disciplinary decision.
3. The sanction(s) determined by the hearing officer, or SCB are significantly disproportionate to the violation.

Sec. 6–519. Appellate Officer's Authority

The appellate officer may approve, reject, or modify the disciplinary decision in question or may require that the original decision be reopened for the presentation of additional evidence and reconsideration of the decision.
The action of the appellate officer will be communicated in writing to the authorized representative(s) of the accused registered student or sponsored student organization and the dean of students within thirty days after the appeal has been received by the appellate officer. The decision of the appellate officer will be final.

Relates to Handbook of Operating Procedures, 3-3031.

Updated September 9, 2020. Edits include changes related to HOP 3-3031 Prohibition of Sexual Assault, Interpersonal Violence, Stalking, Sexual Harassment, and Sex Discrimination, implementing new federal Title IX regulations that were issued in May 2020 and went into effect on August 14, 2020.