Student Code of Conduct

Texas A&M University-Kingsville is deeply committed to the development of the student and the promotion of personal integrity and self-responsibility. The university recognizes the student as an adult pursuing an education. By enrolling at Texas A&M University-Kingsville, students become citizens of the community and are entitled to enjoy the privileges and assume the responsibilities and obligations associated with this affiliation. Just as a student does not lose citizenship rights upon enrolling at a university, the student also does not become immune to society’s obligations and laws or to the responsibilities of daily living in a broader society. In general, the behavioral norms expected of a university student are those of common decency and decorum, recognition of and non-infringement upon the rights and property of others and of the university, honesty in academic work and all other activities, and observance of local, state, and federal laws.

Each student shall be responsible for his/her conduct from the time of acceptance of admission through the actual awarding of a degree, even though the conduct may occur before classes begin or after classes end, as well as during the academic year and periods between terms of enrollment (even if his/her conduct is not discovered until after a degree is awarded). The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.

Disciplinary action may be initiated by the University and sanctions imposed against any student or student organization found responsible for committing, attempting to commit, or intentionally assisting in the commission of any of the following prohibited forms of misconduct.

Administration of Student Code of Conduct

Authority for administering the disciplinary system is delegated by the President of the university to the Division of Student Success, specifically to the Dean of Students Office. To promote fairness and consistency, the Dean of Students Office oversees all disciplinary activities. The Dean of Students Office will determine which hearing officer, conduct board, or appellate board will be authorized to hear each matter. All academic and nonacademic disciplinary outcomes and/or sanctions imposed will be reported to the Dean of Students Office for record-keeping purposes.

Students are expected to comply with all federal, state, and local laws. Disciplinary procedures may be instituted against a student charged with conduct that potentially violates both the criminal law and this code without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. The principle also extends to conduct off campus, which is likely to harm the university or the educational process. Proceedings under this code may be carried out before, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Dean of Students Office. Determinations made, or sanctions imposed under this student code shall not be subject to change because criminal charges arising out of the same facts giving rise to a violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

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.

Communication Pertaining to the Student Code of Conduct

Written notice of charges may be presented in person or via university e-mail.

Failure to read electronic mail shall not invalidate notice of charges or notification of disciplinary action results. It is the student’s responsibility to regularly check their university-provided e-mail account.

Right of Due Process

A student or student organization alleged to have engaged in misconduct shall have the right of due process and appeal as outlined in this code. Students may opt to have only an informational hearing with the original hearing officer by waiving their rights to a formal hearing with the University Disciplinary Committee or other hearing officers/board. Except in the case of the immediate interim suspension of a student for exigent circumstances and adjudication of the Sex-Based Misconduct Policy, these rights include:

1. A written copy of the charge(s). Notification must be at least three business days before any hearing may proceed.
2. A fair and impartial hearing.
3. Reasonable access to review the case file, which shall be maintained by the university official adjudicating the matter (i.e., hearing officer/College Dean /Director of Student Conduct and Community Standards).
4. Present evidence and witnesses on his/her behalf.
5. Be accompanied at a hearing by an advisor of his/her choice. Unless otherwise stipulated in the hearing procedure, the advisor cannot actively participate in the hearing or ask questions of the witnesses or the hearing/investigative body. The advisor’s role is to advise the student and observe the proceedings.
6. Be present at the hearing during the presentation of any evidence or material on which the decision will be made. If the student fails to attend the scheduled hearing, the hearing will be held in the student’s absence.
7. Request an electronic recording of the hearing in advance, solely for use by an appeal officer when deciding on an appeal. The recording is the property of the University.
8. Refuse to answer any question or to make a statement without inference of guilt. However, the hearing officer/body will decide based on the evidence available at the time of the hearing.
9. Ask questions of anyone presenting oral testimony during a hearing relating to the incident. See specific information regarding oral testimony in a hearing related to cases of sexual harassment and/or sex-based misconduct (i.e. sexual harassment, sexual assault, sexual violence cases, etc.) in a different section of this handbook.
10. Right to a written notice on the findings of the investigation and/or hearing, an explanation of the decision, any sanctions assessed, if applicable, and the next level of appeal.
11. Right to appeal the decision through the appropriate panel or administrative officer within three business days of notification of the decision as stipulated in a notice of decision/sanction document.

Student Records

Outcomes of all disciplinary proceedings administered under the Code of Conduct become part of the student’s educational record. Student disciplinary records are normally maintained for at least five years from the date of the student’s last enrollment date. Student disciplinary records may be retained for as long as deemed administratively valuable or permanently if the student was suspended or blocked from enrollment. Expulsion records are kept permanently.

Student Rights

Students have the right to be respected. These rights include respect for personal feelings, freedom from indignity of any type, freedom from the control of any person except as may be in accord with published rules of the institution, and conditions allowing them to make the best use of their time and talents toward the objectives which brought them to the University. No officer or student, regardless of position or rank, will violate those rights; no customs, tradition, or rule will be allowed to prevail. (TAMUS System Rule 13.02: Student Rights and Obligations). These student rights apply to all students regardless of the method or location of study.

• A student shall have the right to participate in a free exchange of ideas. In addition, no university rule, regulation, or administrative policy shall reduce the rights of freedom of speech, expression, petition, and peaceful assembly as outlined in the United States Constitution.
• Students shall be treated on an equal basis in all areas and activities of the university regardless of race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age, disability, genetics, status as a disabled veteran or protected veteran, or any other legally prohibited basis.
• Students have the right to personal privacy except as otherwise provided by law, and this will be observed by students and university authorities alike.
• Each student shall be free from disciplinary action by university officials for violations of civil and criminal law off campus, except when such a violation also is determined to be a violation of the provision regarding off-campus conduct in the Student Code of Conduct and university policies.
• Each student subject to disciplinary action arising from violations of the Student Code of Conduct and university policies shall be assured procedural due process. At all judicial hearings, a respondent shall be assumed to be responsible until they are determined to be responsible by a hearing officer/panel. The burden of proof shall rest with those bringing the charges. In all proceedings, the student shall be guaranteed substantive and procedural due process.
• Students’ academic rights include competent instruction for full-allotted time and sufficient assignments graded fairly and promptly to inform the student of academic standing. Admission to the university and any of its sponsored programs is open to all qualified individuals without regard to any subgroup classification or stereotype.

Student Responsibilities

When students enter a university, they bring upon themselves certain responsibilities and obligations, including satisfactory academic performance and social behavior consistent with the educational purposes of the university. Student conduct, therefore, is not considered in isolation within the university community but as an integral part of the educational process. All students are expected to know and abide by the Student Code of Conduct and other policies and procedures published by the University. Each student is expected to be fully acquainted with all published university rules and procedures, copies of which are available online. The university will hold each student responsible for compliance with these published policies.

Students are expected at all times to recognize constituted authority, to conform to the ordinary rules of good conduct, to be truthful, to respect the rights of others, to protect private and public property, and to make the best use of their time toward an education (Student Rights and Obligations). These student responsibilities apply to all students regardless of the method or location of study.

• A student has the responsibility to respect the rights and property of others, including other students, the faculty and the administration.
• A student has the responsibility to be fully acquainted with the published university policies and to comply with them and the laws of the land.
• A student has the responsibility to recognize that student actions reflect upon the individuals involved and upon the entire university community.
• A student has the responsibility to recognize the university’s obligation to provide an environment for learning.