Nonacademic Misconduct Disciplinary Procedures

Students are expected to respect the rights and property of others and to observe all federal, state, and local laws in addition to those regulations articulated in the TAMUK Code of Conduct. Refer to the Prohibited Conduct section of this handbook for examples of nonacademic misconduct infractions.

The procedures outlined in the Student Code of Conduct are intended to inform the involved parties of university procedures and aid the hearing officer, investigating authority, or disciplinary body in its efforts to ascertain the facts of a matter and reach a just decision. Circumstances can differ greatly in each case and the presiding hearing officer or chair may need to modify procedures or rule on procedural matters to reach a just decision.

The Office of the Dean of Students will oversee the resolution of all nonacademic misconduct violations. In this capacity, the Dean of Students acts as a resource person for administration, faculty, staff, and students to promote consistency throughout the university community in adjudicating cases of nonacademic misconduct. The Dean of Students will determine the appropriate level for adjudication of a case and if it should be referred to a hearing officer. It is recommended that any nonacademic discipline case be adjudicated at the lowest possible level. The dean also has the responsibility for maintaining all student records related to nonacademic misconduct.

The process for adjudication of sexual harassment and/or sex-based misconduct allegations are detailed separately. Below are the procedures for nonacademic misconduct allegations that do not contain allegations of sexual harassment and/or sex-based misconduct.

Initiation of Nonacademic Misconduct Charges

Any person may refer a conduct violation against any student for a violation of the University code of conduct. The referral must be in writing and include the nature and date of the alleged violation, a detailed statement of the incident, the name of the person allegedly responsible for the incident, and the complainant’s contact information. The referral for nonacademic misconduct should be addressed to the Dean of Students Office.

1. The Dean of Students Office will assess the seriousness and consider the circumstances of the alleged violation(s) to determine the appropriate level for adjudication of a case, may hear the case, appoint a hearing officer/hearing body if needed, or refer the allegation(s) to another office having jurisdiction over the matter. The hearing officer may be an administrator or a University Housing and Residence Life professional staff member. The University Disciplinary Committee (UDC) may be convened by the Dean of Students Office to hear nonacademic violations that are serious in nature.
2. The Dean of Students Office/hearing officer will investigate the allegations to make an initial determination as to whether there is sufficient basis to believe that a nonacademic violation of the Student Code of Conduct has occurred. The Dean of Students Office/hearing officer may decide to interview the complainant and/or witnesses or request additional information from the complainant. The process for adjudication of sexual harassment and/or sex-based misconduct allegations is detailed separately.
3. As a result of the investigation, the Dean of Students Office/hearing officer will take one of the following actions:
   
   
   1. The allegation may be dismissed as unfounded.
   2. The allegation may be dismissed for lack of preponderance of evidence.
   3. The allegation may be referred to another office having jurisdiction over the matter (i.e., Compliance Office, Human Resources, Academic Dean, etc.)
   4. The student will be notified in writing of the alleged charges and summoned to an informational hearing with the Dean of Students Office/hearing officer. Written notification of the alleged offenses must be at least three business days before the hearing and mailed to the student at his/her local address, emailed to the official university email address, or hand-delivered.

Initial Meeting

The charged student in conference with the hearing officer will be informed of all rights and responsibilities and provided with the following:

1. An explanation of the charges which have been made against him/her;
2. A review of all evidence on which the charges are based and names of all witnesses;
3. A review of all due process rights and disciplinary procedures;
4. A reasonable opportunity to review charges and evidence, to respond to the charges, and to select the method of disposition of the case, if applicable. The student may:
   
   
   1. Accept responsibility for the charge(s). A student who admits responsibility for the charges retains the option to appeal the sanction levied. The hearing officer will, based upon a preponderance of the evidence and if so, issue appropriate sanctions and appeal processes.
   2. Deny responsibility for the charge(s), and participate in an informal resolution hearing with the hearing officer. A student who denies responsibility retains the right to appeal the decision and/or the sanction(s) levied. The hearing officer will review the allegations of nonacademic misconduct and allow the student to respond and present witnesses on his/her behalf. The hearing officer will determine whether the student is responsible for the alleged policy violation, based upon a preponderance of the evidence, and if so, issue appropriate sanctions and appeal processes.
   3. Schedule a date for a Formal Hearing before an appointed appropriate hearing body. Procedures are outlined below.

Note: If the student does not respond to the request for the initial meeting, the hearing officer will, in absentia, determine whether the student is responsible for the alleged policy violation, based upon a preponderance of the evidence and if so, issue appropriate sanctions. The student maintains the right to an appeal.

Nonacademic Misconduct Formal Hearing Procedures

Formal hearing procedures for cases of nonacademic misconduct include the following:

1. The hearing officer/body will provide written notification of alleged offenses to the student at least three business days before the formal hearing.
2. The formal hearing will be held as scheduled even in the absence of the respondent unless such absence is for good and sufficient cause. The decision of the hearing officer or body as to good and sufficient cause is final.
3. During the formal hearing, the student will have an opportunity to respond and present witnesses on his/her behalf. The hearing procedure utilized shall provide for prompt and fair consideration and resolution of the case based upon a preponderance of the evidence. Proceedings are not judicial trials and formal rules of evidence shall not apply, but evidence submitted must be material and relevant to the issue under consideration as determined by the hearing officer or chair of the disciplinary body.
4. After the testimony phase of the hearing is concluded, members of the hearing board or the hearing officer will deliberate on the allegations. Determination of responsibility will be made based on a preponderance of the evidence. If the respondent is not found responsible for a violation, then the hearing is concluded. If the respondent is found responsible for one or more violations of the Student Code of Conduct, then the hearing board or hearing officer will discuss possible sanctions for the student after being informed of the student’s conduct status with the University.
5. Written documentation of the incident and recommended actions shall be forwarded to the chair/college, dean/director, and Dean of Students as appropriate. Proceedings, findings, and the names of the parties involved are confidential and shall not be disclosed to anyone not involved in or who is not responsible for the disposition of the hearing or case, unless such disclosure is required by law or campus policy. The Dean of Students Office will retain copies of case information.