UTRGV HOP STU 02-100: Student Conduct and Discipline

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

Handbook of Operating Procedures

STUDENT CONDUCT AND DISCIPLINE

A. Purpose

The purpose of this policy is to provide students fair notice of standards of conduct considered

unacceptable at The University of Texas Rio Grande Valley (UTRGV) and which may be the basis

for disciplinary action, and to provide procedures to be followed in deciding student disciplinary

cases (including the appeals process). The conduct described in this policy is not intended to be a

complete list of conduct punishable by disciplinary action.

B. Persons Affected

All students of The University of Texas Rio Grande Valley.

C. Policy

1. Authority

The dean of students shall have primary authority and responsibility for the administration of

student discipline at UTRGV.

2. Standards of Conduct

All students are expected and required to obey federal, state, and local laws; to comply with

the Regents' Rules and Regulations, the Vaquero Honor Code, with The University of Texas

System (UT System) and UTRGV rules and regulations, and with directives issued by an

administrative official of the UT System or UTRGV in the course of his or her authorized duties;

and to observe standards of conduct appropriate for an academic institution.

3. Applicability

Each student is responsible for compliance with the provisions of The University of Texas

System Board of Regents’ Rules and Regulations and the rules and policies of UTRGV.

a. Who is Subject to Discipline

Any student who engages in conduct that violates the Regents' Rules and Regulations,

the UT System or UTRGV rules and regulations, specific instructions issued by an

administrative official of UTRGV or the UT System acting in the course of their

authorized duties, or federal, state, or local laws is subject to discipline. A student is

subject to discipline for prohibited conduct as enumerated in this policy, including

(where applicable) conduct that occurs off-campus, including but not limited to

UTRGV off-campus activities such as field trips, internships, rotations or clinical

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

assignments, regardless of whether civil or criminal penalties are also imposed for

such conduct.

b. Speech, Expression, and Assembly

Freedom of speech and principles of academic freedom are central to the mission of

institutions of higher education. Constitutionally protected expression cannot be

considered prohibited conduct under this policy. See ADM 02-300 Speech, Expression,

and Assembly.

4. Prohibited Acts

a. Academic Dishonesty

Any student who commits an act of academic dishonesty is subject to discipline.

Academic dishonesty includes but is not limited to cheating, plagiarism (including self-

plagiarism), collusion, the submission for credit of any work or materials that are

attributable in whole or in part to another person without giving sufficient credit,

taking an examination for another person, or any act designed to give unfair

advantage to a student or the attempt to commit such acts.

1. Cheating is the following or attempts to do the following:

i. Copying from the test paper (or other assignment) of another student,

engaging in written, oral, or any other means of communication with

another student during a test, or giving aid to or seeking aid from another

person or online sources (including, but not limited to, tutoring

websites/services) during a test or on another assignment where doing

so is prohibited by the instructor;

ii. Possession or use during a test of materials which are not authorized by

the person giving the test, such as class notes, calculators, electronic

devices, books, or specifically designed “crib notes”;

iii. Using, obtaining, or attempting to obtain by any means the whole or any

part of a non-administered test, test key, homework solution, or

computer program, or using a test that has been administered in prior

classes or semesters, but which will be used again either in whole or in

part, without permission of the instructor; or accessing a test bank

without instructor permission;

iv. Substituting for another person, or permitting another person to

substitute for one’s self, to take a test; or

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

v. Falsifying research data, laboratory reports, or other records or academic

work offered for credit. See ADM 07-102 Misconduct in Research and

Scholarly Activities.

2. Plagiarism is the appropriation of material that is attributable in whole or in

part to another source or the use of one’s own previous work in another

context without citing that it was used previously, without any indication of

the original 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 or in conjunction with a program

course or degree requirements.

3. Collusion is the unauthorized collaboration with another person in preparing

academic assignments offered for credit or collaboration with another person

to commit a violation of any provision of the rules on academic dishonesty,

including disclosing or distributing the contents of an exam.

4. Misrepresenting facts for academic advantage to UTRGV or an agent of

UTRGV. This includes 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.

b. Drugs

Any student who is found responsible for the illegal use, possession, or sale of a drug

or narcotic is subject to discipline.

c. Alcohol

1. Any student who violates state and federal laws or regulations which regulate

and control the sale or use of alcohol on campus, including those pertaining

to the possession of alcohol by minors, is subject to discipline. UTRGV

regulations prohibit the possession or consumption of alcoholic beverages on

UTRGV property without prior written authorization by appropriate

administrative officials. Customers of legal age under state law may purchase

and consume alcoholic beverages in areas on the campus specifically

designated for the public sale and consumption of beer and wine, and

residents of University Housing are authorized to possess and consume beer

and wine in the privacy of their living quarters, if they are of legal age under

state law and comply with University Housing regulations.

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

2. UTRGV, however, in accordance with the Texas Alcoholic Beverage

Commission’s amnesty policy, affords amnesty to a minor seeking aid in a

medical emergency if the minor (1) requested emergency medical assistance

in response to the possible alcohol overdose of the minor or another person;

(2) was the first person to make a request for medical assistance under

Subdivision (1); and (3) if the minor requested emergency medical assistance

for the possible alcohol overdose of another person: (A) remained on the

scene until the medical assistance arrived; and (B) cooperated with medical

assistance and law enforcement personnel, if applicable.

d. Health or Safety

Any student who intentionally or recklessly engages in conduct that endangers the

health or safety of any person may be subject to discipline.

e. Disruptive Conduct

Any student who, acting singly or in concert with others, obstructs, disrupts, or

interferes with any teaching, educational, research, administrative, disciplinary,

public service, or other activity or public performance authorized to be held or

conducted on campus or on property or in a building or facility owned or controlled

by the UT System or UTRGV is subject to discipline. Obstruction or disruption includes

but is not limited to any act that interrupts, modifies, or damages utility service or

equipment, communication service or equipment, university computers, computer

programs, computer records or computer networks accessible through the

university’s computer resources.

f. Inciting Lawless Action

Any student who engages in conduct or speech, either orally or in writing, which is

directed to inciting or producing imminent lawless action and is likely to incite or

produce such action is subject to discipline.

g. Unauthorized Use of Property

Any student who engages in the unauthorized use of property, equipment, supplies,

buildings, or facilities owned or controlled by the UT System or UTRGV is subject to

discipline.

h. Hazing

1. Any student who, acting singly or in concert with others, engages in hazing is

subject to discipline. Hazing in state educational institutions is prohibited by state

law (Texas Education Code Section 51.936 and Sections 37.151-37.157). Hazing

with or without the consent of a student whether on or off campus is prohibited,

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

and a violation of that prohibition renders both the person inflicting the hazing

and the person submitting to the hazing subject to discipline. Knowingly failing to

report hazing can subject one to discipline. Initiations or activities of

organizations may include no feature that is dangerous, harmful, or degrading to

the student, and a violation of this prohibition renders both the organization and

participating individuals subject to discipline.

2. “Hazing” means any intentional, knowing, or reckless act, occurring on or off of

the campus, by one person alone or acting with others, directed against a student

for purposes of pledging, being initiated into, affiliating with, or holding office in,

or maintaining membership in an organization if the act:

i. is any type of physical brutality, such as whipping, beating, striking,

branding, electric shocking, placing of a harmful substance in or on the

body, or similar activity;

ii. involves any type of physical activity, such as sleep deprivation, exposure

to the elements, confinement in a small space, calisthenics, or other

similar activity that subjects the student to an unreasonable risk of harm

or that adversely affects the mental or physical health or safety of the

student;

iii. any activity, other than that described in Section C.4.h.2.v, involving

consumption of a food, liquid, alcoholic beverage, liquor, drug, or other

substance that subjects the student to an unreasonable risk of harm or

that adversely affects the mental or physical health or safety of the

student;

iv. any activity that induces, causes, or requires the student to perform a

duty or task that involves a violation law; or

v. Involves coercing, as defined by Texas Penal Code Section 1.07, the

student to consume:

a. A drug; or

b. An alcoholic beverage or liquor in an amount that would lead a

reasonable person to believe that the student is intoxicated, as

defined by Texas Penal Code Section 49.01.

In an effort to encourage reporting of hazing, UTRGV may grant immunity from

student or employee disciplinary action to a person who, in good faith, voluntarily

reports specific incidents of hazing prior to being contacted concerning the

incident or being included in the institution’s investigation of the incident. This

immunity does not extend to the person’s own violation of hazing.

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

i. Harassment

Any student who, acting singly or in concert with others, engages in conduct that

includes any action meant to harass, intimidate, bully or stalk other students is

subject to discipline. Some examples include:

1. Intentionally creating a situation to persistently annoy or produce

unnecessary and undue mental or emotional discomfort, embarrassment,

ridicule, or interference with scholarship or personal lives.

2. Intimidation of others such as to unlawfully place another person in

reasonable fear of bodily harm through the use of threatening words or other

conduct, without displaying a weapon or subjecting the victim to actual

physical attack.

3. Engaging in a course of conduct directed at a specific person that involves

repeated (two or more) visual or physical proximity, nonconsensual

communication, or verbal, written, or implied threats, or a combination

thereof, that would cause a reasonable person to (a) fear for their safety or

the safety of others; or (b) suffer substantial emotional distress.

j. Sexual Misconduct

UTRGV is committed to the principle that its working and learning environment be

free from inappropriate conduct of a sexual nature. Sexual harassment or sexual

misconduct in any form will not be tolerated and individuals who engage in such

conduct is subject to disciplinary action. UTRGV’s policy and procedures regarding

sexual harassment and misconduct are delineated in ADM 03-300 Sexual Misconduct.

k. Altering of Official Documents

1. A student who alters or assists in the altering of any official record of the UT

System or UTRGV or who submits false information or omits requested

information that is required for or related to an application for admission, the

award of a degree, or any official record of the UT System or UTRGV is subject to

discipline. A former student who engages in such conduct is subject to bar against

readmission, revocation of degree, and withdrawal of diploma.

2. This prohibition includes a student who participates or assists in the forging,

altering, or duplicating of any parking permit, traffic ticket, or parking ticket

issued by UTRGV; any ticket for admission to a program or event sponsored by

UTRGV; any means of identification issued by UTRGV; any instrument obligating

UTRGV to pay any sum of money; any key which may be used for entering any

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

building owned or controlled by UTRGV; or participating in such actions with

other persons.

l. Non-Compliance with Instructions from University Officials

Any student who fails to comply with any reasonable order or instruction of an official

of the UTRGV or the UT System acting in the course of their duties, including failing

to identify himself or herself and provide identification documentation to a university

official when requested to do so, or providing false identification is subject to

discipline.

m. Vandalism

Any student who defaces, mutilates, destroys, or takes unauthorized possession of

any property, equipment, supplies, buildings, or facilities owned or controlled by

UTRGV or the UT System is subject to discipline.

n. Use of Explosives, Weapons or Hazardous Chemicals

Unless authorized by federal, state, or local laws, a student who possesses or uses

any type of explosive, firearm, imitation firearm, ammunition, hazardous chemical, or

weapon as defined by state or federal law, while on campus or on any property or in

any building or facility owned or controlled by the UT System or UTRGV, is subject to

discipline. UTRGV has a “campus carry” policy (ADM 02-400 Concealed Handguns and

Other Weapons on Campus), and any violation of ADM 02-400 by a student will be

handled according to the procedures in this policy unless ADM 02-400 explicitly states

otherwise.

o. Prohibited Conduct During Suspension, Deferred Suspension or Probation

A student who receives a period of suspension, deferred suspension or probation as

a disciplinary sanction is subject to further disciplinary action for prohibited conduct

(in this and other UTRGV policies) that takes place during the period of suspension,

deferred suspension or probation.

p. Misuse of Identification or Keys

The unauthorized use or participating with others in the unauthorized use of any

permit, identification document, key or means of access, including electronic swipe

cards or card keys, issued by UTRGV or the UT System is subject to discipline.

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

q. Theft

Any student who commits theft, steals, or takes unauthorized possession of any

personal property of any community member or UTRGV property within the buildings

or facilities owned or controlled by UTRGV or the UT System is subject to discipline.

r. Retaliation

Any student who retaliates in any way against an individual who has brought a

complaint under this policy (or other UTRGV policies) or participated in an

investigation or disciplinary process of such complaint is subject to discipline.

s. Engaging in Gambling

Any student who engages in gambling on property, buildings, or facilities owned or

controlled by UTRGV or the UT System is subject to discipline.

t. Information Resources Systems Usage Violations

Students using UTRGV information resources or connecting to UTRGV information

resources with a personal or non-UTRGV owned system will be held responsible for

adhering to all UTRGV policies and procedures regarding information resource usage

as well as state and federal rules and regulations. Information resources system usage

violations include, but are not limited to, unauthorized system/network activity and

unauthorized distribution or altering of programs or data.

u. Knowingly Submitting False Information

A student who knowingly provides false information to UTRGV officials is subject to

discipline. This prohibition includes a student who knowingly files a false report

related to another student’s alleged violation of the Student Code of Conduct.

5. Bar From Campus

A former student who has been suspended or expelled for disciplinary reasons is prohibited

from being on the campus of any UT System institution during the period of such suspension

or expulsion without prior written approval of the chief student affairs officer of the UT

System institution at which the suspended or expelled student wishes to be present.

D. Procedures

1. Student Conduct Investigations and Disciplinary Process - General

a. The Dean will conduct an investigation, determine whether to proceed with the

charges, and if so, propose the appropriate sanction. The Dean may proceed with the

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

disciplinary process even if the student is subject to concurrent criminal, civil, or

UTRGV proceedings. Students will have the opportunity to appeal disciplinary action.

b. If there is a more specific policy that specifies the procedures for the investigatory

and disciplinary process, such as the ADM 03-300 Sexual Misconduct, that policy will

govern.

2. Investigation

Allegations of misconduct will be investigated by the Dean. The Dean may contact a student

for a meeting for purposes of the investigation or to discuss the allegations. The Dean may

also issue a summons for these purposes. A summons shall be in writing, specify a place for

the meeting and a time at least three days after the date of the written request if the request

is sent regular mail, or at least two days after the date of the request if the request is sent by

email or hand delivered. The written request may be mailed to the address appearing in the

records of the registrar, emailed to the student at the e-mail address on record with UTRGV,

or may be hand delivered to the student. If a student fails to appear without good cause, as

determined by the Dean, the Dean may bar or cancel the student’s enrollment or otherwise

alter the status of the student until the student complies with the summons. If the student

failing to appear as directed in a summons is the student against whom charges are being

reviewed, in addition to the above, the Dean may proceed with disciplinary action based upon

other information available using the disciplinary procedures in this policy (hearing in

abstentia). The refusal of a student to accept delivery of the notice, the failure to maintain a

current address with the registrar, or failure to read mail or e-mail shall not be good cause for

the failure to respond to a summons.

3. Reviewing the Evidence and Determining the Sanction

The Dean will review the evidence, determine whether to proceed with charges, and, if so,

determine the sanction appropriate to the charges. Before proceeding with disciplinary

action, the Dean will offer the student the opportunity to meet to provide a response to the

charges and, upon request, to review the available evidence supporting the charges.

4. Interim Disciplinary Action

Pending a hearing or other disposition of the allegations against a Respondent, the Dean may

take immediate Interim Disciplinary Action if the institution determines circumstances

warrant immediate action to ensure the safety of any person or the UTRGV community. If

Interim Disciplinary Action is imposed prior to the Respondent having an opportunity to

respond to the allegations or to the concern of any potential threat, UTRGV will provide the

Respondent an opportunity to respond to the allegations and potential threat as soon as

practicable after instituting the Interim Disciplinary Action. Following this opportunity to

respond to the allegations and any potential threat, the Dean may remove the Interim

Disciplinary Action if warranted. If removal of the Interim Disciplinary Action is not warranted,

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

the Respondent will have an accelerated hearing as described in Section D.9 of this policy

unless the Respondent agrees to an Administrative Disposition under Section D.6.a.

5. Withholding Transcripts, Grades, Degrees

The Dean may also withhold the issuance of an official transcript, grade, diploma, certificate,

or degree to a student alleged to have violated a rule or regulation of the UT System or UTRGV

that would reasonably allow the imposition of such sanction. The Dean may take such action

pending a hearing, resolution by Administrative Disposition, or exhaustion of appellate rights

if the Dean has provided the student an opportunity to provide a preliminary response to the

allegations and in the opinion of the Dean, the best interests of the UT System or UTRGV

would be served by this action.

6. Administrative Disposition of Charges

a. In any case where the Respondent elects not to dispute the facts upon which the

charges are based and agrees to the finding of responsibility and sanctions the Dean

assesses, the student may execute a written waiver of the hearing procedures and

waiver of any appeals under the policy. This Administrative Disposition shall be final

and there shall be no subsequent proceedings regarding the charges.

b. Alternatively, a student may elect to sign an Administrative Disposition waiving the

right to the hearing under Section D.6.a but reserving the right to appeal only the

sanction. Such an appeal regarding the sanction will be to the President (or designee)

as determined by institutional procedures in accordance with Section D.11 of this

policy.

7. Academic Dishonesty Cases - Faculty Disposition

UTRGV permits faculty members to choose one of two options when resolving suspected

issues of academic dishonesty:

a. Direct referral of the alleged infraction to Student Rights and Responsibilities for

resolution, or

b. Completion of faculty disposition. This can occur in any case where the student does

not dispute the facts and both the faculty member and student sign a form that

includes a sanction and a written waiver of the hearing and appeal procedures.

Both a direct referral and a faculty disposition are reported using a single form (the Faculty

Referral/Faculty Disposition Form): this form should be used for all suspected academic

integrity violations at UTRGV. In assessing and approving sanctions for academic dishonesty,

the Dean of Students shall give preference to the recommended sanction of the faculty

member involved, provided the recommended penalty is within the Academic Integrity

Violation Sanctioning Guidelines. In cases involving students from the School of Medicine,

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

sanctioning will be assessed by the School of Medicine's Medical Student Evaluation and

Promotion Committee (MSEPC).

8. Challenging the Disciplinary Action

a. Cases in which Proposed Sanction involves Suspension, Academic Sanctions, or

Expulsion. In those cases in which the Dean proposes suspension (including

suspension of rights and privileges), academic sanctions, or expulsion as a sanction,

the charges shall be heard and determined by a fair and impartial Hearing Officer in

accordance with Section D.9 of this Policy, unless the Respondent has elected an

Administrative Disposition.

b. Cases in Which Neither Suspension, an Academic Sanction, or Expulsion is Proposed

as a Sanction. In those cases not subject to Section D.8.a, institutional rules may

provide for a hearing process, other than that provided for in Section D.9, that at a

minimum provides that the Dean inform the student in writing of the charges,

evidence, proposed findings, and the proposed sanction(s); allows the student an

opportunity to meet with the Dean to provide evidence and at such time (or after

such an opportunity), the Dean will inform the Respondent of the final findings and

sanctions, if any; provides an appeal process outlined in Section D.11 of this Policy.

c. Burden of Proof. Upon a hearing of the charges (whether under Section D.8.b or

Section D.9), the Dean or other institutional representative has the burden of going

forward with the evidence and has the burden of proving the charges by the greater

weight of the credible evidence.

9. Hearing Process

In those cases in which (a) the Respondent disputes the facts upon which the charges are

based and (b) the student’s proposed sanction is suspension (including suspension of rights

and privileges), an Academic Sanction, or expulsion, such charges shall be heard and

determined by a fair and impartial Hearing Officer. Where a student is alleged to have violated

ADM 03-300 Sexual Misconduct, the procedures governing the investigatory and disciplinary

processes are outlined in ADM 03-300.

a. Interim Disciplinary Action Accelerated Hearing

When Interim Disciplinary Action has been taken by the Dean under Section D.4

above and remains in place following the opportunity for the student to address the

allegations or potential threat, the student will be given the opportunity to have a

hearing of the charges in accordance with the procedures specified in Section D.9.e

of this policy within 10 days after the interim disciplinary action was taken; however,

if the Dean determines that there is good cause, the 10-day period may be extended

for a reasonable period.

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

b. Notice of Hearing

Except in those cases where immediate interim disciplinary action has been taken,

the Respondent shall be given at least 10 days written notice of the date, time, and

place for such hearing and the name of the Hearing Officer. The notice shall include a

statement of the charge(s) and a summary statement of the evidence supporting such

charge(s). At least five days prior to the hearing, UTRGV will provide the Respondent

all evidence obtained related to the allegation(s). The notice shall be delivered in

person to the student, emailed to the student at the e-mail address on record with

UTRGV, or mailed to the student at the address appearing in the registrar’s records.

A notice sent by mail will be considered to have been received on the third day after

the date of mailing. A notice sent via email will be considered to have been received

on the day sent. The date for a hearing may be postponed by the Hearing Officer for

good cause or by agreement of the student and Dean. If the student fails to appear,

the Hearing will proceed without the benefit of the student’s presence (in abstentia).

c. Impartiality of the Hearing Officer(s)

The Respondent may challenge the impartiality of a Hearing Officer(s). The challenge

must be in writing, state the reasons for the challenge, and be submitted to the

Hearing Officer(s) through the Office of the Dean at least three days prior to the

hearing. The Hearing Officer(s) shall be the sole judge of whether he or she can serve

with fairness and objectivity. In the event a Hearing Officer(s) recuses himself or

herself, a substitute will be chosen in accordance with procedures of the institution.

d. Duties of Hearing Officer(s)

The Hearing Officer(s) is responsible for conducting the hearing in an orderly manner

and controlling the conduct of the witnesses and participants in the hearing. The

Hearing Officer(s) shall rule on all procedural matters and on objections regarding

exhibits and testimony of witnesses, may question witnesses, and is entitled to have

the advice and assistance of legal counsel from the UT System Office of General

Counsel. Within 10 days of the hearing, the Hearing Officer(s) shall render and send

to the Dean and the Respondent a written decision that contains findings of fact and

a conclusion as to whether the Respondent is responsible for the violations as

charged, however, if the Dean determines that there is good cause, the 10-day period

may be extended for a reasonable timeframe. Upon a finding of responsibility, the

Hearing Officer(s) shall assess a sanction or sanctions specified in Section D.10 of this

policy.

e. Hearing Procedures

The hearing shall be conducted in accordance with the following procedures:

1. Each party shall provide the other party a list of witnesses, a brief summary of the

testimony to be given by each, and a copy of documents to be introduced at the

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

hearing at least 5 days prior to the hearing. If the hearing is an Accelerated

Hearing under Section D.9.a, this information should be provided at least 3 days

before the hearing.

2. Each party shall have the right to appear, make an opening and closing statement,

present testimony of witnesses and documentary evidence, cross-examine

witnesses (as permitted by the Hearing Officer), and be assisted by an advisor of

choice. The advisor may be an attorney. If the Respondent’s advisor is an

attorney, the Dean’s advisor may be an attorney from the Office of General

Counsel of the UT System. An advisor may confer with and advise the Dean or

Respondent, but shall not be permitted to question witnesses, introduce

evidence, make objections, or present argument to the Hearing Officer(s).

3. Live hearings may be conducted with all parties physically present in the same

geographic location or, at UTRGV’s discretion, any or all parties, witnesses, and

other participants may appear at the live hearing virtually.

4. The Dean may recommend a sanction to be assessed by the Hearing Officer(s).

The recommendation may be based upon past practice of UTRGV for violations

of a similar nature, the past disciplinary record of the student, or other factors

deemed relevant by the Dean. The Respondent shall be entitled to respond to the

recommendation of the Dean. In making the sanctioning decision, the Hearing

Officer will take into consideration any mitigating or aggravating factors.

5. The hearing will be recorded. The official record will consist of the audio recording

of the hearing, the documents received in evidence, any investigation report and

supporting evidence, and the decision of the Hearing Officer(s). The audio

recording will be made available to the Hearing Officer within 3 days of the

hearing date. Access to the audio recording will be revoked upon completion of

the written decision.

6. If either party desires to appeal the decision of the Hearing Officer(s), the official

record will be made available in accordance with Section D.11 of this policy.

10. Sanctions

The following sanctions, either singularly or in any combination, may be assessed by the Dean

or by the Hearing Officer(s) as applicable, in accordance with these procedures:

a. Disciplinary probation.

b. Withholding of grades, official transcript, or degree.

c. Bar against readmission, bar against enrollment, drop from one or more classes, or

withdrawal from the institution.

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

d. Restitution or reimbursement for damage to or misappropriation of UTRGV or UT

System property.

e. Suspension of rights and privileges, including participation in athletic or

extracurricular activities.

f. An Academic Sanction, including a failing grade or reduction of a grade for an

examination, assignment, or for a course.

g. Denial of degree.

h. Suspension from UTRGV for a specified period of time or until the student meets

specified conditions. Students who are currently enrolled will be administratively

withdrawn from all courses and refunds will not be issued. Suspension is noted on the

academic transcript with the term “Disciplinary Suspension.” The notation can be

removed upon the request of the student in accordance with the procedures adopted

in Section D.12 when all conditions of the suspension are met.

i. A deferred suspension – A deferred suspension is a designated period of time during

which a student, while continuing to be enrolled, is given an opportunity to

demonstrate the ability to abide by the Standards of Conduct. A deferred suspension

will not be noted on the student’s transcript. A student may be placed on deferred

suspension for serious misconduct or in the case of repeated misconduct. If the

student is found responsible for any additional violation(s) of the Standards of

Conduct while the student is on deferred suspension, then the sanction of suspension

will be the minimum sanction that will be imposed in a Hearing on the subsequent

misconduct. Students who are placed on deferred suspension are also generally given

developmental sanctions.

j. Expulsion (permanent separation from the institution). Expulsion creates a

permanent notation on the student’s academic transcript.

k. Revocation of degree and withdrawal of diploma.

l. Other sanction(s) or education as deemed appropriate under the circumstances.

11. Appeal Procedures

A Respondent may appeal a disciplinary sanction assessed by the Dean in accordance with

Section D.6.a. A Respondent may also appeal the Dean’s determination of responsibility or

sanction in accordance with Section D.8.b above. Either the Dean or the student may appeal

the decision of the Hearing Officer(s). An appeal shall be in accordance with the following

procedures:

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

a. Bases for Appeal

A Respondent (and the Dean, where applicable) may appeal on any of the following

grounds:

1. The sanctions imposed are inappropriate or not commensurate with the

circumstances (Note: this is the only appeal option available for Administrative

Dispositions under Section D.6.b);

2. A procedural irregularity affected the outcome of the matter;

3. There is new evidence that was not reasonably available at the time of the

determination regarding responsibility that could affect the outcome of the

matter; or

4. The Dean, investigator(s), or Hearing Officer had a conflict of interest or bias for

or against a party (generally, or specifically in this matter) that affected the

outcome of the matter.

b. Appeal Procedures

1. Written notice of appeal must be delivered to the Dean of Students and

addressed to the President of UTRGV (or designee) within ten (10) days after the

appealing party has been notified of the penalty assessed by the dean or the

decision of the Hearing Officer. If the notice of penalty assessed by the dean or

the decision of the Hearing Officer is sent by mail, notice of appeal to the

President must be within ten days of the date of the notice or decision.

2. An appeal of the sanction assessed by the Dean in accordance with Section D.7.a

above will be reviewed solely on the basis of the written argument of the student

and the Dean. The appeal of the decision of the Hearing Officer(s) will be

reviewed solely on the basis of the record from the hearing. The Dean will submit

the record from the hearing to the Appeal Official as soon as it is available. The

President or designee may request additional information from the student

disciplinary file, including previous disciplinary actions. The Appeal Official, may,

at the Appeal Officer’s discretion, entertain oral argument in an appeal from the

decision of the Hearing Officer(s).

c. Appeal Official’s Authority

The Appeal Official may approve, reject, or modify the decision in question or may

require that the original hearing be reopened for the presentation of additional

evidence and reconsideration of the decision.

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

d. Communication of Decision

The Appeal Official’s decision shall be communicated in writing to the Respondent

and the Dean within 20 days after receiving the appeal and official record. The

decision of the Appeal Official is the final appellate review.

12. Transcript Notations and Disciplinary Record

a. The academic transcript of a student suspended or expelled for disciplinary reasons

(not academic or financial) shall be marked with “Disciplinary Suspension” or

“Disciplinary Expulsion” as appropriate. A notation should state whether the student

is eligible to reenroll.

b. If the student becomes eligible to reenroll at UTRGV or UTRGV determines that good

cause exists to remove the notation, the notation can be removed upon the request

of the student.

c. UTRGV will maintain a permanent written disciplinary record for every student

assessed a sanction of suspension, expulsion, denial or revocation of degree, or

withdrawal of diploma. All other disciplinary records shall be maintained for seven

years, and disciplinary records required by law to be maintained for a certain period

of time (e.g., Clery violations) shall be maintained for at least the time specified in the

applicable law, unless the record is permanent in conjunction with the above stated

sanctions in this section. A disciplinary record shall reflect the nature of the charge,

the disposition of the charge, the sanction assessed, and any other pertinent

information. This disciplinary record shall be maintained by the Office of the Dean of

Students. It shall be treated as confidential, and the record shall not be accessible to

anyone other than the Dean or UTRGV officials with legitimate educational interests,

except upon written authorization of the student or in accordance with applicable

state or federal laws or court order or subpoena.

E. Definitions

1. Academic Sanction – A sanction affecting a student’s grade, e.g., the lowering of a grade on

an assignment, test, or in the course.

2. Administrative Disposition – A document signed by the student and Dean which includes a

statement of the disciplinary charges, the findings, the sanction and a waiver of the hearing

procedures and possibly a waiver of appeals under Regents’ Rules and Regulations, Rule

50101, Section 2, and institutional rules regarding student discipline.

3. Campus – Consists of all real property, buildings, or facilities owned or controlled by the

institution.

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

4. Chief Student Affairs Officer – The administrative officer primarily responsible for the

development and administration of policies relating to students, for the development and

implementation of services to students, and for the initial preparation of institutional

regulations that will implement the policies and regulations set forth in this rule.

5. Complainant – The individual who is alleged to be the victim of any prohibited conduct under

this Policy.

6. Day – A business day, Monday through Friday during regular business hours (8:00am –

5:00pm), excluding any day that is an official holiday recognized by the institution or when

regularly scheduled classes are suspended due to emergent situations. Counting of days will

commence the day after a document or decision has been received.

7. Dean or Dean of Students – Refers to the administrative officer or officers responsible for the

administration of the disciplinary process at each institution. The Dean of Students may

designate individual(s) to administer disciplinary cases under this policy.

8. Harassment – intentionally creating a situation to persistently annoy or produce unnecessary

and undue mental or emotional discomfort, embarrassment, ridicule, or interference with

scholarship or personal lives.

9. Hearing Officer – An individual or individuals selected in accordance with procedures adopted

by the institution pursuant to the recommendation of the Dean to hear disciplinary charges,

make findings of fact, and, upon a finding of responsibility, impose an appropriate sanction(s).

10. Interim Disciplinary Action – Disciplinary action adverse to a Respondent that is imposed on

the Respondent before a finding of responsibility for a policy violation. Interim Disciplinary

Action may include suspension, suspension of a right or privilege, or a prohibition from

entering campus or any part of campus.

11. Respondent – The student accused of an alleged policy violation.

12. Student – The following persons shall be considered students for purposes of this policy:

i. A person currently enrolled at UTRGV.

ii. A person accepted for admission or readmission to UTRGV.

iii. A person who has been enrolled at the institution in a prior semester or summer session

and is eligible to continue enrollment in the semester or summer session that

immediately follows.

iv. A person who engaged in prohibited conduct at a time when he or she met the criteria of

i, ii, or iii above.

Policy Number: STU 02-100

Responsible Executive: Strategic Enrollment and Student Affairs

Originated: 09/01/2015

F. Related Statutes or Regulations, Rules, Policies, or Standards

University of Texas System Board of Regent’s Rules and Regulations, Rule 50101 Student

Conduct and Discipline

EAA005 Medical Student Dishonesty and Plagiarism Policy

ADM 02-300 Speech, Expression, and Assembly

ADM 02-400 Concealed Handguns and Other Weapons on Campus

ADM 03-300 Sexual Misconduct

ADM 07-102 Misconduct in Research and Scholarly Activities

G. Dates Reviewed or Amended

May 13, 2022 - Reviewed and amended (non-substantive: updated responsible executive).

June 6, 2022 - Reviewed and amended.