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Code of Student Conduct
Code of Student Conduct
1.01 Applicability
This Code of Student Conduct is applicable to every student enrolled at the university, whether part-time or full-time and whether in residence, during study abroad or by correspondence. This code is adopted pursuant to authority granted by the Board of Regents, Texas State University System.
A. "Academic work" means the preparation of an essay, thesis, report, problem assignment, or other project that is to be submitted as a requirement for purposes of grade determination.
B. "Code" means this Code of Student Conduct.
C. "Coordinator" means the Coordinator of Student Justice or the coordinator's designee.
D. "Disciplinary action" means proceedings under section three of this Code.
E. "Hazing" means those activities defined in sections 4.51-4.58 of the Texas Education Code (See Appendix A).
F. "Hearing Officer" means that person appointed by the Dean of Students to conduct hearings under section three of this code.
G. "Notice" means correspondence
- Sent by mail, addressed to the addressee at the local address and/or permanent address, as shown on university records; or
- Personally delivered to the addressee.
H. "Preponderance of the evidence" means that quantum of evidence which, when given probative force, would tend to prove that a fact is more likely to be true than not.
I. "Published university policy" means any provision of a Board of Regents order or rule, an official university policies and procedures statement, rule or regulation of the university.
J. "Record" means all written documents, forms, copies, reports, statements, tape recordings, or tangible evidence in a disciplinary action.
K. "University" means Texas State University-San Marcos.
L. "University official" means a person, including regents, officers, faculty and administrative staff.
M. "University property" means property owned, controlled, used, or occupied by the university, including property physically removed from the main campus.
N. "VPSA" means the Vice President for Student Affairs unless otherwise noted.
O. "Will" and "shall" are used in the imperative.
Each student is expected to be fully acquainted with all published university policies, copies of which are available to each student for review in the Alkek Library at the Reserve Desk. The university will hold each student responsible for compliance with these published policies. A violation occurring off campus while participating in a university-sponsored program may be treated as if the violation occurred on campus. Students are also expected to comply with all federal, state, and local laws. Any student who violates any provision of those laws is subject to disciplinary action, notwithstanding any action taken by civil authorities because of the violation. This principle extends to conduct off campus that is likely to have an adverse effect on the university or the educational process.
II. Responsibilities of Students
- 2.01 Conduct Required
- 2.02 Conduct Prohibited
- 2.03 Policy on Racial Harassment, Sexual Harassment, Denial of Civil Rights
Students shall conduct themselves in a manner consistent with the university’s mission as an educational institution. Students who fail to conduct themselves in such a manner violate this code and disciplinary penalties may be imposed.
Mitigating or aggravating factors in assessing the proper level of discipline shall include, but not necessarily be limited to, the student's motive for engaging in the behavior; disciplinary history; effect of the behavior on safety and security of the university or college community; and the likelihood that the behavior will recur. A student who has been suspended, dismissed, probated or expelled from any system component shall be ineligible to enroll at any other system component during the applicable period of discipline. The registrar of each component is authorized to make an appropriate notation on the student's transcript to accomplish this objective and to remove the notation when the student's disciplinary record has been cleared.
Specific examples of conduct which are violations of section 2.01 include, but are not limited to, committing or attempting to commit the following:
A. Commission of an act that would constitute an offense under appropriate federal, state or local criminal statute.
B. Violation of any published university policy, including excessive parking violations.
C. Failure to comply with the directives of a university official summons to the office of an administrative officer within the designated time.
D. Intentionally furnishing false information to the university, giving false testimony or other evidence at a university disciplinary or other administrative proceeding.
E. Issuance of a check without sufficient funds or otherwise failing to meet financial obligations to the university.
F. Unauthorized throwing of any object in or from university owned/controlled property.
G. Misuse or unauthorized use of fire extinguishers or other safety equipment on university property.
H. Engaging in conduct that interferes with or disrupts any university teaching, research, administrative, disciplinary, public service, or other authorized activity (see Appendix B on disruptive activities) or the peace and welfare of any person, whether on or off the campus.
I. Engaging in conduct that endangers the physical or mental health or safety of any person or which causes physical injury.
J. Possession of or making use of university keys for an unauthorized purpose.
K. Engaging in or submitting to hazing (see Appendix A), which includes, but is not limited to, an initiation by an organization utilizing any dangerous, harmful or degrading act toward a student.
L. Violation of the published university policies on the possession and use of alcoholic beverages on university property (see Appendix C).
M. Gambling in any form on university property.
N. A student who, by a preponderance of the evidence, under these Rules and Regulations, is found to have illegally possessed, used, sold or distributed any drug, narcotic or controlled substance, whether the infraction is found to have occurred on or off campus, shall be subject to discipline, ranging from mandatory, university- or college-approved counseling to expulsion. A second infraction for a drug-related offense shall result in permanent expulsion from the component and from all other institutions in The Texas State University System.
O. Possession or use of any firearm, ammunition, weapon or facsimile thereof, on university property. A facsimile will be considered to be a weapon for purposes of this code unless it is clearly marked as not being a weapon or is sufficiently dissimilar to a weapon that a reasonable person would not confuse it with such.
P. Unauthorized possession, ignition, or detonation of any explosive device, fireworks, liquid or object that is flammable or which could cause damage by fire or explosion to person or property on university property.
Q. Theft, destruction, damage or misuse of property belonging to Texas State or to any person.
R. Any forgery, alteration or misuse of university documents, forms, records, student identification cards or admission documents.
S. Violation of any published university policy governing residence life in university-owned facilities or the breach of a Department of Housing and Residential Life contract.
T. Advocating or recommending either orally or in writing, the conscious and deliberate violation of any federal, state or local law. "Advocacy" means addressing an individual or group for imminent action and steeling it to such action, as opposed to the abstract espousal of the moral propriety of a course of action.
U. Unauthorized entry into or use of Texas State buildings, facilities, equipment or resources.
V. Failing to maintain a current official mailing address in the Registrar’s Office or giving a false or fictitious address.
W. Knowingly
- initiating, communicating, or circulating a report of a present, past or future bombing, fire, offense or other emergency that is false or baseless and that would ordinarily cause action by an official or volunteer agency organized to deal with emergencies;
- placing a person in fear of imminent serious bodily injury; or
- preventing or interrupting the occupation of a building, room or aircraft, automobile or other mode of conveyance.
X. Intentionally, knowingly or recklessly harassing or threatening, in person, by telephone, in writing, or by other means, to take unlawful action against any person, thereby causing or intending to cause annoyance or alarm.
Y. Engaging in academic dishonesty as defined and described under Academic Affairs (Academic Policies & Procedures) in this handbook.
Z. Engaging in disorderly conduct on university-owned or controlled property or at a university-sponsored or supervised function that inhibits or interferes with the educational responsibility of the university community or the university’s social-educational mission. Prohibited activities shall include, but not be limited to: using abusive, indecent, profane or vulgar language; loud noises, excessive noise resulting from radios, stereos, and noise amplifiers; making offensive gestures or displays which tend to incite a breach of the peace; perpetrating fights, assaults, abuse, or threats; or evincing some obviously offensive manner; or committing an act that causes a person to feel threatened.
AA. Using authority granted by state law, by system rule, or by university policy to deprive any person of his or her civil rights.
BB. Any student who engages in or makes life threatening gestures will be required to report as soon as possible to the Director of the Counseling Center or their designated representative. The director may require such students to obtain, at their own expense, a psychiatric evaluation to determine fitness to continue their current enrollment at Texas State. The director will designate the psychiatrist that the student will see. Failure to consult with the director of the Counseling Center or his/her representative or to comply with evaluation requirements and recommendations can result in disciplinary action.
CC. Students misusing computer resources and/or electronic network facilities will be subject to disciplinary sanctions, up to and including, suspension from the university.
2.03 Policy on Racial Harassment, Sexual Harassment, and Denial of Civil Rights
Texas State believes that freedom of thought, innovation and creativity are fundamental characteristics of a community of scholars. To promote such a learning environment, the university has a special responsibility to seek cultural diversity, to instill a global perspective in its students, and to nurture sensitivity, tolerance and mutual respect. Discrimination against or harassment of individuals on the basis of race, color, national origin, age, gender, religion, disability or sexual orientation is inconsistent with the purposes of the university. The university has specific policies prohibiting racial and sexual harassment. Additionally, persons at Texas State will not be deprived of their civil rights on the campus or in connection with a university-sponsored activity. Persons who racially or sexually harass another person are subject to disciplinary sanctions up to and including suspension from the university and may be required to participate in education and training seminars. See UPPS Nos. 04.04.42 and 04.04.46, available without charge from the Dean of Students office.
III. Administration of Student Justice
- 3.01 Coordinator of Student Justice
- 3.02 Disciplinary Penalties
- 3.03 Disciplinary Procedures
- 3.04 Interim Disciplinary Action
- 3.05 Hearings
3.01 Coordinator of Student Justice
Under the direction of the Dean of Students and the Vice President for Student Affairs (VPSA), the Coordinator of Student Justice shall be primarily responsible for the administration of the student justice system. The associate director of the Department of Housing and Residential Life/Designee will work closely with the Coordinator of Student Justice in resolving minor disciplinary problems resulting from the alleged violation of regulations involving residence hall residents. Also, the director of the Alcohol and Drug Resource Center will work closely with the coordinator of Student Justice in resolving alleged violations of the Code of Student Conduct involving alcohol and substance abuse.
A. Nature of Penalties — The following penalties comprise the range of official university actions which may be taken when a student engages in prohibited conduct. These penalties are not exclusive and may be imposed together with other penalties.
- Warning — A verbal or written notice to the student that a violation of a published university policy has occurred and that the continuation of such conduct or actions could result in further disciplinary action.
- Restricted privileges — Denial or restriction of one or more privileges granted to students. These may be, but are not limited to, the use of an automobile, dining privileges, visitation privileges, use of university computers, computer facilities or systems, or participation in athletics or other extracurricular activities. The restriction may be imposed only for a definite period of time.
- Special project — The requirement that the student complete a special project, which may be, but is not limited to; writing an essay, attending a special class or lecture, or visiting the Counseling Center. The special project may be imposed only for a definite period of time.
- Restitution — Paying for physical or property damage, losses or misappropriation, either monetarily or by the performance of specific duties.
- Cancellation of residence hall contract
- Disciplinary probation — An indication that the student is not in good standing, and that his/her continued enrollment is conditioned upon adherence to published university policies. Probation may be imposed only for a definite term but automatically restricts the following privileges:
a. A student on disciplinary probation is ineligible to be elected or hold any office of any student organization recognized by Texas State; and
b. A student on disciplinary probation may not represent the university in any special honorary role. - Withholding an official transcript or degree
- Prohibition against readmission or cancellation of pre-registration
- Denial or nonrecognition of a degree
- Loss of or ineligibility for a student grant or loan
- Suspension — Separation from the university for a definite term, during which the student shall not be permitted to attend classes or participate in any university activity.
- Expulsion — Permanent separation from the university.
B. Recording of Penalties — The penalties provided in subsections 3.02a., 8, 9, 11, and 12 may be noted on the student’s permanent transcript. Any record of penalty, except for expulsion, not noted on the transcript shall be expunged no later than five years after the penalty is assessed.
C. Finality of Penalties — No penalty shall take effect until disciplinary action becomes final. Disciplinary action becomes final when:
- In the event of administrative disposition, upon acceptance by the student of the Coordinator’s decision.
- In the event of a hearing, the decision of the hearing committee is final if the penalty assessed is a verbal or written warning or disciplinary probation.
- In the event of a hearing, if the penalty assessed is other than prescribed in 3.02C2, upon notification to the student of the decision of the hearing officer and the expiration of the time in which to file a notice of appeal to the VPSA.
- In the event of review by VPSA, upon notification to the student of the decision of the VPSA.
A. Investigation — The Coordinator will investigate information that a student may have violated a published university policy. During the investigation the Coordinator will give the student an opportunity to explain the incident, unless the student is unavailable. A student who withdraws from school while disciplinary action is pending, or who is involved in misconduct that would subject him or her to disciplinary action after withdrawal, may be required to appear before the Coordinator before being readmitted to the university.
B. Administrative Review — If the Coordinator concludes that the student has violated a university policy, the Coordinator will determine (but not assess) an appropriate disciplinary penalty.
- The Coordinator will discuss his findings and his determination of an appropriate penalty with the student, if the student is available. The Coordinator will give the student an opportunity to either accept or reject the Coordinator’s decision.
- If the student accepts the Coordinator’s decision, the student shall so indicate in writing and waive his or her rights to a hearing. The Coordinator may then assess the disciplinary penalty.
- If the student does not accept the Coordinator’s decision, the Coordinator will initiate the hearing procedure.
3.04 Interim Disciplinary Action
A. The President or the VPSA may take immediate interim disciplinary action, including suspension, pending a hearing, against a student for violating a university policy when the student’s continuing presence poses:
- A danger to persons or property; or
- An ongoing threat of disrupting the academic process.
B. The university official involved shall notify the student of the interim disciplinary action by the most expeditious means available. Thereafter, the Coordinator will immediately initiate the hearing procedures provided in this code, and a hearing shall be held no later than 12 class days after the temporary disciplinary action was taken.
A. Hearing Committee Board — At the beginning of each fall semester, the Dean of Students will appoint a hearing committee composed of student members, a hearing officer and an alternate. The hearing officer will be a full-time faculty member or a full-time member of the university’s staff. The hearing officer shall preside over disciplinary hearings. If either the hearing officer or either of the students is unable or unwilling to hear a case, the Dean of Students shall appoint a special replacement for that case. The special replacement shall have all the qualifications, authority and responsibilities of the person being replaced.
B. Students’ Rights — Each student who requests a hearing or who is given an interim disciplinary sanction shall be afforded:
- Notice — Written notification at least five class days before the hearing specifying:
a. the university policy alleged to have been violated;
b. a summary of the facts alleged to constitute the violation;
c. the date, time and location of the hearing;
d. the names of known witnesses and a summary of their expected testimony;
e. a description of other evidence that the Coordinator will present at the hearing;
f. a statement that the student must provide a list of witnesses and a summary of their expected testimony to the Coordinator at least 24 hours before the hearing;
g. notification if the Coordinator intends to use legal counsel for other than advisory purposes as provided below; and
h. the names of the hearing officer and members of the hearing committee.
The Coordinator will send this notification to the student either by certified mail, with return receipt requested, addressed to the student at the address appearing in the registrar’s records, or by hand delivering the notification to the student and having the student sign a receipt. - Hearing — This is an opportunity for the students to attend the hearing and present relevant evidence. If the student fails to attend, the hearing may proceed. The student may present his or her own defense against the charges and may produce either oral testimony or written affidavits of witnesses in his behalf.
- Representative — This is an opportunity for the student to have a representative or counsel present at meetings with the Coordinator and during hearings. The student will provide the representative at his or her expense. The university is not obligated to arrange or provide a representative. In addition, the student may also have parents or a legal guardian present.
a. To the extent that the Coordinator uses legal counsel for other than advisory purposes during the hearing, the student shall be afforded the same opportunity. The Coordinator will notify the student of the Coordinator’s intent to use legal counsel when providing the notification described above.
b. The student’s representative may not address the committee, question witnesses or the Coordinator, or participate in the hearing except to offer advice and counsel to the student. - Challenge to Impartiality — This is an opportunity for the student to challenge the impartiality of the hearing officer or a member of the hearing committee. This challenge must be made at any time before the introduction of testimony or other evidence. The person challenged will be the sole judge as to whether he or she can serve with fairness and objectivity. If the person challenged chooses not to serve, the Dean of Students will appoint a special replacement for that case.
C. Notification of Evidence — At least 24 hours before the hearing, both the Coordinator and the student will provide the other party with the witnesses, summaries of testimony, documents and other evidence as provided above.
D. Burden of Proof — The Coordinator has the burden of going forward with the evidence and the burden of proving the charges by the greater weight of the credible evidence.
E. Questioning Witnesses — Both the Coordinator and the student may question witnesses regarding relevant matters. The student’s advisor or counsel may not address the committee, question witnesses or the Coordinator, or participate in the hearing except to offer advice and counsel to the student.
F. Recording — The hearing will be recorded. If either party desires to appeal the committee’s findings, a copy of the recording will be produced at the expense of the party appealing the finding and both parties will be furnished a copy.
G. Postponement — The Coordinator may postpone a hearing for good cause upon written request being filed with the Coordinator at least 24 hours before the hearing.
H. Hearing Officer — The hearing officer will determine the procedure to be followed, rule on the admissibility of evidence, and control decorum in the hearing. The hearing officer or any committee member may question any witness.
I. Attendance — Upon the request of the student or the Coordinator, or upon his or her own initiative, the hearing officer may issue a written request for a witness to appear and testify or to produce documents at a hearing. Requests shall be personally delivered or sent by certified mail. Students who are requested to appear at hearings are expected to comply.
J. Confidentiality — During the hearing, only the members of the hearing committee, the Coordinator and his counsel, the student and his or her advisor, the student’s parents or legal guardians, the witness currently testifying, and the transcriber will be allowed in the hearing room. After testifying, a witness may not remain in the hearing room unless both the student and the Coordinator consent. All persons present at the hearing shall treat matters discussed with confidence.
K. Relevant Evidence — Legal rules of evidence shall not apply to hearings. Any relevant evidence shall be admitted, if it is credible and is the sort that reasonable people would rely upon in the conduct of their affairs.
L. Not Compelled to Testify — The student may not be compelled to testify against himself or herself.
M. Procedural Rules
- The hearing officer will invite all parties entitled to be present into the hearing room.
- The hearing officer will read a statement of confidentiality.
- The hearing officer will state the university policy alleged to have been violated;
- The Coordinator will present evidence of the student’s violation of the policy.
- The student may present his or her own defense against the charges.
- Both parties may question the witness.
- Both parties may present rebuttal evidence.
- Both parties may present brief summations.
- The hearing committee will deliberate and determine by a majority vote whether the student has violated a university policy. If the committee finds that the student did violate a university policy, it will assess the penalty. The hearing officer shall report in writing the committee’s findings and the penalty, if any, to be assessed.
- The hearing officer will send the committee’s report to the VPSA, with copies to the student and to the Coordinator. If the student is found to have violated a university policy, and if a disciplinary penalty has been assessed, the hearing officer will inform the student of his or her right to appeal to the VPSA.
4.01 Vice President for Student Affairs (VPSA)
Either party may appeal to the VPSA any case except one in which the punishment assessed is a verbal or written warning or disciplinary probation. In cases in which the punishment assessed is a verbal or written warning or probation, the decision of the hearing committee is final.
Either party appealing to the VPSA must give written notice to the VPSA no later than five class days after the decision. All supporting documentation, including written arguments when requested, shall be filed with the VPSA no later than five class days after notice of appeal is given.
Upon appeal, the VPSA will review the materials presented at the hearing and may require the parties to submit written material or oral statements.
A. If the student is required to appear in person before the VPSA, the student may have a representative present, as provided in section 3.05 B (3).
B. The VPSA may approve, reject, or modify the decision of the hearing committee or may require that the committee reopen the hearing to hear additional evidence or to reconsider the decision.
C. The VPSA will inform the student, the Coordinator, and the hearing officer of his or her decision in writing. The VPSA’s decision is final except for the discretionary review described below.
The VPSA, the President or the Board of Regents may on their initiative review any disciplinary case, and upon such review may approve, reject or modify the lower decision, or may remand the decision to the hearing officer or hearing committee for presentation of additional evidence and reconsideration of the decision.