Academic Dishonesty Policy
As an academic university dedicated to the creation, dissemination, and application of knowledge, the Health Science Center is committed to fostering an intellectual and ethical environment based on the principles of academic integrity. Academic integrity is essential to the success of the University’s educational and research mission and violations of academic integrity constitutes serious offenses against the entire academic community.
Academic Integrity is based on educational principles and procedures that protect the rights of all participants in the educational process and validate the legitimacy of degrees awarded by the University. In the investigation and resolution of all allegations of student academic dishonesty, the University’s actions are intended be corrective, educationally sound, fundamentally fair, and based on reliable evidence.
The Academic Dishonesty policy is adopted by the University based on authority delegated by the Board of Regents to the President and is implemented and enforced under the direction of the Deans and Vice President for Academic, Faculty and Student Affairs.
Please note that culpability is not diminished when academic dishonesty occurs in drafts which are not the final version or when the student claims not knowing the policy or procedures.
DEFINITION OF TERMS
This is defined as an act of obtaining or attempting to present academic work through fraudulent or deceptive means in order to obtain credit for this work. Academic dishonesty, also referred to as scholastic dishonesty, includes but is not limited to:
Failure to observe the expressed procedures of an academic exercise, including but not limited to:
- Unauthorized use of commercial “research” services such as term papers
- Providing information to others without instructor’s permission or allowing the opportunity for others to obtain information that provides the recipient with an advantage on an exam or assignment
- Unauthorized communicating with fellow students during a quiz or exam
- Copying material from other student’s quiz or exam
- Permitting another student to copy from a quiz or exam
- Permitting another person to take a quiz, exam, or similar evaluation in lieu of the enrolled student
- Using unauthorized materials, information, or study aids (e.g., textbook, notes, data, images, formula list, dictionary, calculator, etc.) in any academic exercise or exam
- Unauthorized collaboration in providing or requesting assistance, such as sharing information on an academic exercise or exam through cell phones and texting
- Unauthorized use of another person’s data in completing a computer or lab exercise
- Using computer and word processing systems to gain access to, alter and/or use unauthorized information
- Altering a graded exam or assignment and requesting that it be re-graded – submission of altered work after grading shall be considered academically dishonest, including but not limited to changing answers after an exam or assignment has been returned or submitting another’s exam as one’s own to gain credit
Falsification or invention of any information in an academic exercise, including but not limited to:
- Fabricating or altering data to support research
- Presenting results from research that was not performed—submitting material for lab assignments, class projects or other assignments which is wholly or partially falsified, invented or otherwise does not represent work accomplished or undertaken by the student
- Crediting source material that was not directly used for research
- Falsification, alteration or misrepresentation of official or unofficial records or documents including but not limited to academic transcripts academic documentation, letters of recommendation, and admissions applications or related documents
Fraud, Misrepresentation, Lying
Intentionally making an untrue statement or deceiving including but not limited to:
- Providing an excuse for an absence, tardiness, late assignment with the intent to deceive the instructor, staff or the school
- Checking into Health Science Center classes, labs, centers or other Health Science Center resources with the intent to deceive the instructor, staff, or the school
- Checking in or checking out of Health Science Center classes, labs, centers or other Health Science Center resource for another student
- Using another student’s Health Science Center identification card for use in a class, lab, center or other Health Science Center resource
The presentation of another’s words, images or ideas as if they were the student’s own, including but not limited to:
- Stealing the written, oral, artistic, or original works or efforts of others and presenting them as one’s own
- The submission of material, whether in part or whole, authored by another person or source (e.g., the internet, book, journal, etc.), whether that material is paraphrased, translated or copied in verbatim or near-verbatim form without properly acknowledging the source (it is the student’s responsibility to cite all sources)
- The submission of material edited, in part or whole, by another person that results in the loss of the student’s original voice or ideas (i.e. while an editor or tutor may advise a student, the final submitted material must be the work of the student, not that of the editor or tutor)
- Translating all or any part of material from another language and presenting it as if it were the student’s own original work
- Unauthorized transfer and use of another person’s computer file as the student’s own
- Unauthorized use of another person’s data in completing a computer exercise
Resubmission of work that has already received credit with identical or similar content in another course without written consent of the present instructor or submission of work with identical or similar content in concurrent courses without written consent of all instructors involved
Facilitating Academic Dishonesty: assisting another to commit an act of academic dishonesty, including but not limited to:
- Taking a quiz, exam, or similar evaluation in place of another person
- Allowing one student to copy from another
- Attending a course posing as another student who is officially registered for that course
- Providing material or other information (e.g., a solution to homework, a project or other assignments, a copy of an exam, exam key or any test information) to another student with knowledge that such assistance could be used to violate any other sections of this policy
- Distribution or use of notes or recordings based on college classes without the express written permission of the instructor for purposes other than individual or group study; this includes, but is not limited to, providing materials for distribution by services publishing class notes (This restriction on unauthorized use applies to all information distributed or in any way displayed for use in relationship to the class, whether obtained in class, via email, on the internet or via any other media)
Deliberately impeding the academic progress of others:
- Intentionally destroying or obstructing another student’s work
- Stealing or defacing books, journals, or other library or University materials
- Altering computer files that contain data, reports or assignments belonging to another student
- Removing posted or reserve material or otherwise preventing other students’ access to it
Violation of Research or Professional Ethics
Includes both violations of the code of ethics specific to a particular profession and violations of more generally applicable ethical requirements for the acquisition, analysis, and reporting of research data and the preparation and submission of scholarly work for publications:
- Violating a canon of the ethical or professional code of the profession for which a student is preparing
- Using unethical or improper means of acquiring, analyzing or reporting data in a senior thesis project, a master’s or doctoral research project, grant-funded research, or research submitted for publication
- Misuse of grant or institutional funds
- Violating professional ethics in performing one’s duties as Teaching Assistant or Graduate Assistant
Expectations of Professional Conduct
University students are expected to conduct themselves in a professional manner, not only in interaction with patients, but also with peers, faculty, and staff of the Health Science Center and the community in general. In addition to conventional academic tests and measurement criteria for assessment, students will be evaluated on issues relating to their professional conduct/judgment according to the previously defined standards of the school, program, and profession for which they are in training. The specific professional discipline/school in which the student is enrolled may have additional and more specific codes of conduct. As such, the dean of each school shall have the responsibility for the administration of discipline in cases concerning academic dishonesty and professional misconduct.
Conduct and Discipline
Students are responsible for knowing and observing the university’s procedures and regulations governing Student Conduct and Discipline and the Rules and Regulations of the Board of Regents. As noted in the Expectations of Professional Conduct, standards of professional conduct may be set by each school of the Health Science Center.
Because the educational programs at the Health Science Center have professional integrity and professional competence requirements that are a component of the overall academic framework of the programs, violations of university regulations concerning standards of conduct which compromise professional integrity and/or competence fall under the jurisdiction of the schools.
The chief student affairs officer in the Office of the Vice President for Academic, Faculty and Student Affairs shall have responsibility for the administration of discipline in areas not directly related to the academic or professional training of the student. Procedures described in the Student Conduct and Discipline of the Health Science Center will be followed.
Conduct matters under the scope of the academic and professional standards of expectations as defined by the educational programs in the schools will be adjudicated by the individual schools in which the educational programs are housed. As such, the dean of each school shall have the responsibility for the administration of discipline in cases concerning academic dishonesty and professional misconduct.
The full text of the Rules and Regulations of the Board of Regents and the university’s Student Conduct and Discipline should be consulted in reference to any questions concerning student conduct and discipline. The processes afforded a student subject to disciplinary sanctions are governed by Series 50101 of the Rules and Regulations of the Board of Regents of The University of Texas System and the Health Science Center’s Student Conduct and Discipline.
Student Grievance Procedures
I. Student Academic Grievance Procedure
Academic-related grievances are administered and managed in each school. Students should consult their individual school’s academic policies and procedures for specific information about its academic grievance procedure.
The dean of the school in which the student is enrolled has jurisdiction over the student’s program of study, degree requirements, and all other academic matters, including grievances. Depending upon the specific school, there may be some differences in codes of professional conduct and related issues. Appeals reside at the school level. The decision of the dean or the dean’s designee is final.
II. Student Nonacademic Grievance Procedure
Any student who has a nonacademic grievance concerning the interpretation, application, or claimed violation of her/his rights as a Health Science Center student or who feels he/she has been discriminated against or harassed on the basis of age, color, disability, family status, gender, national origin, race, religion, veteran status, sexual orientation, or sexual harassment has the opportunity to seek resolution of such grievance.
This policy also may include any official publication of the Health Science Center that may be perceived to be misleading or a misrepresentation of the facts. In cases where the complaint is related to official publications, the complaints may be submitted, in writing, at any time to the chief student affairs officer. If the complaint cannot be resolved at this level, appeals may be made to the President of the Health Science Center.
The student nonacademic grievance procedure may be handled through the mediation of designated officers of the schools or through other grievance procedures specific to various acts or issues.
- Student program and student activity-related grievances should be submitted in writing to the director or coordinator of the specific Office of Student Services’ division. Appeals must be in writing and may be directed to the chief student affairs officer in the Office of the Vice President, Academic, Faculty and Student Affairs for final disposition.
- In accordance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990 (ADA), the grievance procedures described in this document should be followed for complaints alleging discrimination on the basis of disability. No qualified student shall, on the basis of disability, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any academic program or activity at the Health Science Center.
- Complaints alleging sexual assault and/or sexual harassment should be addressed in accordance with the policies and procedures set forth in this Catalog (see General Regulations and Requirements, Sexual Assault Policy).
III. Procedure for Informal Resolution of a Nonacademic Grievance
A student who feels that he/she is a victim of harassment or discrimination or who feels that her/his rights as a student have been violated, may attempt to resolve the matter informally; the student may schedule a discussion or conference with the individual accused of the act, omission, or issue over which the student grieves. The informal discussion(s) or conference(s) should be conducted less than 30 calendar days from the date the student knew or should have known of the offensive act or issue—if an informal resolution is not forthcoming, the student has a time limit of 30 calendar days from the date he/she knew or should have known of the offensive act or issue to file a formal written grievance.
IV. Procedure for Formal Resolution for a Nonacademic Grievance
This procedure is intended to provide students with an opportunity to formally grieve any perceived act, omission, or issue of a nonacademic nature which adversely affects the grieving student and for which no other grievance or appeals procedure is provided in The University of Texas System or in the policies or procedures of the Health Science Center. Students considering filing a grievance may contact the chief student affairs officer or the appropriate associate dean of student affairs to receive instructions. (See Student Conduct and Discipline).
- The formal written grievance should be initiated as soon as possible. If the student chooses not to attempt informal resolution of a grievance, he/she must file a formal written grievance not more than 30 calendar days from the date he/she knew or should have known of the offensive act or issue. If the student attempts informal resolution and then chooses to file a formal written grievance, he/she should file the written grievance within five working days from the last informal attempt at resolution. Also, the formal written grievance must be filed not more than 30 calendar days from the date the student knew or should have known of the offensive act or issue.
- The student may file the written grievance, setting out a complete description of the grievance (and the proposed remedy). If the accused individual is a Health Science Center employee, the employee’s immediate supervisor receives the written grievance. The deans and/or the chief student affairs officer can assist students in identifying the accused individual’s supervisor, so that the written grievance may be filed with the appropriate person. If the accused individual is a student, the written grievance is given to the associate dean of student affairs of the accused student’s school. Where the grievance does not involve an individual, the grievance may be filed with the administrator responsible for the program issue or issues involved. Copies of the grievance will be made available to the grieving student, the associate dean of her/his school, the individual accused of the act or omission grieved, the accused individual’s supervisor, and the administrator to whom the grievance is presented.
- The administrator hearing the grievance may, at her/his discretion, hold discussions with or without the accused to hear and resolve the grievance, schedule a meeting between the student and the party accused, and/or involve other parties in facilitating a resolution of the grievance. The administrator has 10 working days from receipt of the written grievance to resolve the grievance, after which time the student, if not satisfied, may appeal to the dean of her/his school. If the student wishes an alternate hearing officer, her/his request must be submitted, in writing, to the dean of the appropriate school or to the President not more than five calendar days from notification of the hearing.
- If the decision of the grievance officer is to affirm the grievance, any resulting directive to the accused must be in writing and must be pursuant to a meeting between the accused and the accused’s associate dean or supervisor. Denial of the grievance also must be in writing.
- Within five working days of the student’s receipt of the decision of the Dean, the student may appeal the Dean’s decision to the President. If no decision is rendered by the Dean within 14 working days from the delivery of the written grievance to the Dean, the written grievance and grievance record may be sent by the student to the President. The President may take whatever action is deemed appropriate.
- The decision of the President of the Health Science Center is final.
Students may be dismissed, suspended, dropped from the rolls, and refused readmission at any time if circumstances of a legal, moral, health, social, or academic nature are considered to justify such action. In addition to dismissal due to academic deficiencies, questions of scholastic dishonesty and other infractions of the Rules and Regulations of the Board of Regents of The University of Texas System or the procedures and regulations governing Student Conduct and Discipline of the Health Science Center may be grounds for dismissal. Taking a leave of absence without permission, failing to return at the appointed time from a leave of absence, and failure to pay tuition and fees may lead to a student’s termination. (See General Regulations and Requirements).
STUDENT CONDUCT AND DISCIPLINE
- Standards of Conduct.
All students are expected and required to obey federal, State, and local laws, to comply with the Regents' Rules and Regulations, with The University of Texas System and institutional rules and regulations, with directives issued by an administrative official of the UT System or the Health Science Center in the course of his or her authorized duties, and to observe standards of conduct appropriate for an academic institution.
Each student is responsible for the notice of and compliance with the provisions of the Regents’ Rules and Regulations and the rules of the institution.
2.1 Who is Subject to Discipline.
Any student who engages in conduct that violates the Regents' Rules and Regulations, the UT System or institutional rules and regulations, specific instructions issued by an administrative official of the institution or the UT System acting in the course of his or her authorized duties, or federal, State, or local laws is subject to discipline. A student is subject to discipline for prohibited conduct that occurs on or off campus, including but not limited to institution or UT System sponsored off-campus activities such as field trips, internships, rotations or clinical assignments, regardless of whether civil or criminal penalties are also imposed for such conduct.
2.2 Prohibited Conduct.
(a.) Scholastic Dishonesty.
Any student who commits an act of scholastic dishonesty is subject to discipline. Scholastic dishonesty includes but is not limited to cheating, plagiarism, collusion, the submission for credit of any work or materials that are attributable in whole or in part to another person, taking an examination for another person, any act designed to give unfair advantage to a student or the attempt to commit such acts.
Any student who is found responsible for the illegal use, possession and/or sale of a drug or narcotic is subject to discipline. If a student is found responsible for the illegal use, possession, and/or sale of a drug or narcotic on campus, the minimum sanction assessed shall be suspension from the institution for a specified period of time and/or suspension of rights and privileges.
(c.) Health or Safety.
Any student who engages in conduct that endangers the health or safety of any person may be subject to discipline.
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 institution 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.
(e.) Inciting Lawless Action.
Any student who engages in 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;
(f.) 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 institution is subject to discipline.
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, 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.
(h.) Altering of Official Documents.
A student who alters or assists in the altering of any official record of the UT System or institution 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 institution 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.
Any student who defaces, mutilates, destroys, or takes unauthorized possession of any property, equipment, supplies, buildings, or facilities owned or controlled by an institution or the UT System is subject to discipline.
(j.) 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 institution, is subject to discipline.
(k.) Prohibited Conduct During Suspension.
A student who receives a period of suspension as a disciplinary sanction is subject to further disciplinary action for prohibited conduct that takes place during the period of suspension.
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. In a request for such approval, the former student is required to disclose in writing each institution from which the individual has been suspended or expelled and the conduct leading to the disciplinary action.
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 disciplinary process even if the student is subject to concurred criminal or civil proceedings. Students will have the opportunity to appeal disciplinary action.
If there is a more specific policy that specifies the procedures for investigation, such as the Sexual Harassment/Sexual Misconduct policy, that policy will govern; however, all the powers provided herein to the Dean for investigations involving student witnesses, including summons, interim disciplinary action, and withholding transcripts, grades and degrees are delegated to the investigator designated in that policy.
Allegations of misconduct will be investigated by the Dean or the Dean’s designee. The Dean may contact a student for a meeting for purposes of the investigation and/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 weekdays after the date of the written request if the request is sent regular mail, or at least two weekdays 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 the UT System institution, 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 below. 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.
4.2 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.
4.3 Interim Disciplinary Action.
Pending a hearing or other disposition of the allegations against a student, the Dean may take such immediate interim disciplinary action as is appropriate to the circumstances when such action is in the best interest of the institution. This includes but is not limited to a suspension and bar from the campus when it reasonably appears to the Dean from the circumstances that the continuing presence of the student poses a potential danger to persons or property or a potential threat for disrupting any activity authorized by the institution. In the event interim disciplinary action is taken, an expedited hearing will be offered in accordance with Section 5 below.
4.4 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 the institutions that would reasonably allow the imposition of such sanction. The Dean may take such action pending a hearing, resolution by administrative disposition, and/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 the institution would be served by this action.
4.5 Uncontested Cases with Agreed Sanctions.
In any case, except in a case finding a violation of the Sexual Harassment/Sexual Misconduct Policy, where the accused student elects not to dispute the facts upon which the charges are based and agrees to the 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.
In any case finding a violation of the Sexual Harassment/Sexual Misconduct Policy, the case will proceed under 4.6 of this Policy unless both the accused and the accuser agree to the terms of the administrative disposition and thus waive the hearing and appeals.
4.6 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 5 below. However, a student not found in violation of the Sexual Harassment/Sexual Misconduct Policy may elect to sign an administrative disposition waiving the right to the hearing under Section 5, but reserving the right to appeal only the sanction. Such an appeal regarding the sanction will be to the president of an institution or his/her designee as determined by institutional procedures in accordance with Section 7 below. In cases where a student is found in violation of the Sexual Harassment/Sexual Misconduct Policy, the case will proceed before a Hearing Officer unless both the accused and the accuser agree to the waiver of the hearing procedures.
(b) Cases in Which Neither Suspension, an Academic Sanction, or Expulsion is Proposed as a Sanction. In those cases not subject to 4.6(a), institutional rules may provide for a hearing process, other than that provided for in Section 5, that at a minimum provides that the Dean inform the student in writing of the charges, evidence, findings, and the sanction(s); allows the student an opportunity to meet with the Dean to provide evidence on his/her behalf; provides an appeal process to a designated appeals officer that includes a reasonable time to submit the student’s position as to why the facts do not support the charges and/or why the sanction is inappropriate and provides for a designated appeals officer who will review and consider the file pertaining to the case.
In any case involving a violation of the Sexual Harassment/Sexual Misconduct Policy, the accuser will be provided an equal opportunity to participate in the process.
(c) Burden of Proof. Upon a hearing of the charges, 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.
In those cases in which the accused student disputes the facts upon which the charges are based, such charges shall be heard and determined by a fair and impartial Hearing Officer.
In any case involving a violation of the Sexual Harassment/Sexual Misconduct Policy, the accuser will be provided the same rights and responsibilities outlined in this section as the accused including the right to have notice of the hearing.
5.1 Interim Disciplinary Action Accelerated Hearing.
When interim disciplinary action has been taken by the Dean under Section 4.3 above, the student will be given the opportunity to have a hearing of the charges in accordance with the procedures specified in Section 5.5 below 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.
5.2 Notice of Hearing.
Except in those cases where immediate interim disciplinary action has been taken, the accused student 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). The notice shall be delivered in person to the student 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, excluding any intervening Sunday. The date for a hearing may be postponed by the Hearing Officer for good cause or by agreement of the student and Dean.
5.3 Impartiality of the Hearing Officer(s).
The accused student 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) disqualifies himself or herself, a substitute will be chosen in accordance with procedures of the institution.
5.4 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 Office of General Counsel of the System. The Hearing Officer(s) shall render and send to the Dean and the accused student a written decision that contains findings of fact and a conclusion as to whether the accused student is responsible for the violations as charged. Upon a finding of responsibility the Hearing Officer(s) shall assess a sanction or sanctions specified in Section 6 below. When an accused student is found responsible for the illegal use, possession, or sale of a drug or narcotic on campus, the assessment of a minimum sanction provided in Section 2.3 above is required.
The hearing shall be conducted in accordance with procedures adopted by the institution that are consistent with the following:
(a) 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 hearing at least five days prior to the hearing.
(b) Each party shall have the right to appear, 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 accused student’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 accused student, but shall not be permitted to question witnesses, introduce evidence, make objections or present argument to the Hearing Officer(s). In sexual harassment/sexual assault cases, the alleged victim shall have the right to be present throughout the hearing, to have an advisor present during the hearing, to have irrelevant past sexual history with third parties excluded from the evidence; and to have a closed hearing.
(c) The Dean may recommend a sanction to be assessed by the Hearing Officer(s). The recommendation may be based upon past practice of the institution for violations of a similar nature, the past disciplinary record of the student, or other factors deemed relevant by the Dean. The accused student shall be entitled to respond to the recommendation of the Dean.
(d) The hearing will be recorded. If either party desires to appeal the decision of the Hearing Officer(s) in accordance with Section 7 below, the official record will consist of the recording of the hearing, the documents received in evidence, and the decision of the Hearing Officer(s). At the request of the president of an institution or his/her designee for the appeal, the recording of the hearing will be transcribed and both parties will be furnished a copy of the transcript.
The following sanctions may be assessed by the Dean or by the Hearing Officer(s) as applicable, in accordance with these procedures:
6.1 Disciplinary probation.
6.2 Withholding of grades, official transcript, and/or degree.
6.3 Bar against readmission.
6.4 Restitution or reimbursement for damage to or misappropriation of institutional or UT System property.
6.5 Suspension of rights and privileges, including participation in athletic or extracurricular activities.
6.6 Failing grade or reduction of a grade for an examination, assignment, or for a course.
6.7 Denial of degree.
6.8 Suspension from the institution 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. The notation can be removed upon the request of the student when all conditions of the suspension are met.
6.9 Expulsion (permanent separation from the institution) Expulsion creates a permanent notation on the student’s academic transcript.
6.10 Revocation of degree and withdrawal of diploma.
6.11 Other sanction as deemed appropriate under the circumstances.
A student may appeal a disciplinary sanction assessed by the Dean in accordance with Section 4.6(a) above. Either the Dean or the student may appeal the decision of the Hearing Officer(s). In sexual harassment/sexual misconduct cases, the alleged victim may pursue an appeal under the same procedure as the accused student. An appeal shall be in accordance with the following procedures.
7.1 Appeal Procedures.
The appealing party must submit a written appeal stating the specific reasons for the appeal and any argument to the president of the institution or his/her designee (hereafter “Appeal Official”) with a copy to the other party. The appeal must be stamped as received in the office of the Appeal Official no later than 14 days after the appealing party has been notified of the sanction assessed by the Dean or the decision of the Hearing Officer(s). If the notice of sanction assessed by the Dean or the decision of the Hearing Officer(s) is sent by mail, the date the notice or decision is mailed initiates the 14-day period for the appeal. The non-appealing party and in sexual harassment/sexual misconduct cases, the alleged victim, may submit a response to the appeal, which must be received by the Appeal Official no later than five days after receipt of the appeal, with a copy to the other party. An appeal of the sanction assessed by the Dean in accordance with Section 4.6(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 to the Dean. The Appeal Official, may, at his or her discretion, entertain oral argument in an appeal from the decision of the Hearing Officer(s).
7.2 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. It is provided, however, that upon a finding of responsibility in a case involving the illegal use, possession, and/or sale of a drug or narcotic on campus, the sanction may not be reduced below the sanction as prescribed by Section 2.3 above.
7.3 Communication of Decision.
The action of the Appeal Official shall be communicated in writing to the student(s) and the Dean within 30 days after the appeal and related documents have been received. The decision of the Appeal Official is the final appellate review.
The academic transcript of a student suspended or expelled for disciplinary reasons shall be marked accordingly. Each institution shall maintain a permanent written disciplinary record for every student assessed a sanction of suspension, expulsion, denial or revocation of degree, and/or withdrawal of diploma. A record of scholastic dishonesty shall be maintained for at least five years unless the record is permanent in conjunction with the above stated sanctions. 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 shall not be accessible to anyone other than the Dean or university 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.
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.
Campus – Consists of all real property, buildings, or facilities owned or controlled by the institution.
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.
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.
Hearing Officer – An individual or individuals selected in accordance with procedures adopted by the institution pursuant to the recommendation of the Chief Student Affairs Officer to hear disciplinary charges, make findings of fact, and, upon a finding of responsibility, impose an appropriate sanction(s).
Student – The following persons shall be considered students for purposes of these policies and regulations:
A person currently enrolled at an institution of the UT System.
A person accepted for admission or readmission to an institution of the UT System.
A person who has been enrolled at an institution of the UT System in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows.
A person who engaged in prohibited conduct at a time when he or she met the criteria of 1, 2, or 3 above.
Day – A calendar day, except for any day that is an official holiday of the institution or when regularly scheduled classes are suspended due to emergent situations.
Business Day– Monday through Friday, excluding any day that is an official holiday of the institution or when regularly scheduled classes are suspended due to emergent situations.
Regents' Rules and Regulations, Rule 50101
Dates Approved or Amended.
April 6. 2015