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Part I: Code of Student Conduct

D. Conduct Procedures for Student Organizations

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  • Introduction

    Upon notice of an alleged violation of the Code of Student Conduct by a student organization, the Executive Director of Student Affairs, the Director of Title IX Compliance, or designee will appoint a Student Conduct Officer/Investigator to review allegations of misconduct. The Student Conduct Officer/Investigator will inquire, gather and review information about the reported student organization misconduct, and will evaluate the accuracy, credibility, and sufficiency of the information.

    Incidents will be forwarded for investigation when there is reasonable cause to believe a policy has been violated. Reasonable cause is defined as some credible information to support each element of the offense, even if that information is merely a credible witness or Reporting Party’s statement. If it is determined that the information reported does not warrant an allegation, a policy warning letter may be issued to clarify the policy that was in question.

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  • 1. Initial Inquiry

    An initial inquiry would occur to review information about the alleged misconduct and to evaluate the accuracy, credibility, and sufficiency of the information. When an initial report does not identify victims of misconduct or victims are not available, it can limit the ability to investigate the incident. When the Reporting Party is identified but is reluctant to participate in the investigation process or student conduct process, the University will make every attempt to follow the wishes of the Reporting Party while weighing the interests of the campus community and the possibility of continuing inappropriate behavior and threat to the community. If the Reporting Party does not want to participate in the investigative process but has no aversion to the University pursuing the conduct process, the University will proceed to the extent of the information available.

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  • 2. Decision to Document the Incident Without Further Investigation

    If it is determined that the information reported and available does not warrant an allegation of a conduct violation, a policy warning letter may be issued to clarify the policy that was in question. This may happen in situations where reports received are from anonymous sources with no ability to validate the credibility of the concern and the initial inquiry identifies little to no other information to support the report.

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  • 3. Remedies & Resources to Reporting Parties/Complainants

    1. The University will take immediate action to eliminate hostile environments, prevent reoccurrence, and address any effects on the Reporting Party and community prior to the initiation of formal investigation and/or formal conduct processes. These immediate steps will be taken to minimize the burden on the Reporting Party while respecting due process rights of the Responding Party. Remedies for students may include, but are not limited to, counseling services, victim’s advocate assistance, and modifications to on-campus housing, modifications to parking permissions, and modifications to academic schedule. Remedies will be evaluated on a case-by-case basis.
    2. Assistance and resources are provided to the Reporting Party in order to help them understand the options available to them when making a report, to determine what resolution the reporting party is seeking, to identify university and community resources to support the reporting party, and to stop any current inappropriate behavior. Resources include, but are not limited to assistance in reporting criminal behavior to the University Police Department or San Angelo Police Department, counseling services, medical assistance, academic support referrals, and other support services. This is handled by the Executive Director of Student Affairs, the Director of Title IX Compliance, or designee taking the initial report. This staff member may or may not be the person to investigate the complaint.

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  • 4. Interim Actions

    Under the Code of Student Conduct, the Executive Director of Student Affairs the Director of Title IX Compliance, or designee may impose restrictions and/or temporarily suspend the registration of a student organization pending the scheduling of a campus Hearing on alleged violation(s) of the Code of Student Conduct when the student organization represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve University property and/or to prevent disruption of, or interference with, the normal operations of the University. Examples of conduct or incidents that may result in interim suspension are hazing; conduct or incidents at organization events and activities resulting in allegations of sexual misconduct; behavior that results in criminal felony charges, severe disruption, and/or retaliatory harassment; alcohol/drug policy violations occurring during recruitment or social events; and cease and desist directives from inter/national or regional organizations. A student organization who receives an interim suspension may request a meeting with the Executive Director of Student Affairs, the Director of Title IX Compliance, or designee to demonstrate why an interim suspension is not merited. Regardless of the outcome of the meeting, the University may still proceed with the scheduling of a campus Hearing. During an interim suspension, the student organization is not able to access the benefits of being a registered student organization during this time period, and organization activities should cease in order to prevent additional misconduct. Student organizations are informed of interim actions by the official notice procedures outlined in Part I, section A.3.of the Code of Student Conduct. Interim action is not a sanction. It is taken in an effort to protect the safety and well-being of the Reporting Party, Responding Party, and other members of the University Community, the University, and/or property. Interim action is preliminary in nature; it is in effect only until the conduct process has been completed. However, violations of interim actions may result in additional allegations of violations of the Code of Student Conduct.

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  • 5. Notice of Involvement

    A student organization will be given notice of the organization’s involvement in an alleged violation of the Code of Student Conduct by receipt of a “Notice of Involvement/Need to Talk” letter or direct contact by a Student Organization or Greek Life staff member.

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  • 6. Initial Contact to the Student Organization Leadership and Advisor

    In most cases, the appropriate Student Organization or Greek staff will ask the student organization President and Faculty/Staff Advisor or Alumni Advisor for an initial response to the information received within a prompt timeframe. At this time, student organization officers and members accused of conduct violations will also receive information about resources that can assist them during the conduct proceedings. When organization leaders are prompt, cooperative and forthcoming with information to assist in the inquiry, it can reduce conduct findings and sanctions. Organizations should be aware that information gathered during this initial contact is documented for use during conduct proceedings. Organizations that fail to comply with or respond to a notice issued as part of conduct procedures and/or fail to appear will not prevent the continuation of the conduct process. Likewise, a student organization that ignores requests for information, misrepresents information, or conceals information can face additional allegations of misconduct and increased sanctions.

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  • 7. Notification of the Inter/National or Regional Headquarters (if relevant)

    In most cases (with the exception of low-level concerns), Greek Life staff will notify representatives of the inter/national or regional headquarters of the complaint received and of the process for reviewing the complaint. Angelo State University believes in an active partnership with inter/national and regional organization staff to resolve concerns. These inter/national and regional staff and volunteers are often better able to identify opportunities to address concerns and may be conducting their own investigation and conduct process. Angelo State University staff will specifically contact inter/national and regional organizations when a reoccurring concern indicates a climate issue for the organization, when the response of the organization is not compliant or timely, when there is an immediate threat to member or others safety, or when the organization has already participated in conduct processes for concerns.

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  • 8. Rights & Responsibilities

    Prior to the formal investigation process, a student organization will be provided a Student Rights & Responsibilities document to review and sign prior to an interview

    with the appointed Student Conduct Officer/Investigator. The Rights & Responsibilities document informs the student organization of rights to be exercised before and during the conduct process. Those rights include the right to:

    1. A prompt, fair, and equitable process;
    2. Be accompanied by an advisor at any conduct or related proceeding.
      • An “advisor” can be any one of the following: a member of the Angelo State University community (faculty, staff, or student not otherwise involved in the case), a victim’s advocate, a parent or legal guardian, a relative, or in situations involving criminal legal proceedings, an attorney.
      • An advisor’s role is that of support – he or she may not speak on behalf of the organization and does not have an active, participatory role in the conduct process. If an advisor for the organization is an attorney, an attorney from the Texas Tech University System Office of General Counsel and/or General Counsel for Angelo State University may attend on behalf of the University.
      • In the case of a student organization conduct proceeding, the President of the student organization is asked to make a response on behalf of the organization. During these processes, the President is also encouraged to include the faculty/staff advisor for the student organization. In many cases, the President may not be able to speak on behalf of the local advisory board to the student organization, so the inclusion of a local alumni advisor is also allowed.
      • In the case of student organizations – the current President of the organization, is responsible for presenting information during the formal hearing. The roles of the advisors during formal hearings should be for support and guidance, not to speak or participate directly in the formal hearing unless authorized.
      • Student organizations should select an advisor whose schedule allows attendance at the meeting, as delays will not be allowed due to the scheduling conflicts of an advisor, except at the discretion of the investigator and with advanced notice.
    3. Refrain from making any statement relevant to the investigation.
      • Student organizations are expected to cooperate with the University conduct process, but may elect not to participate in the investigation process, either in part or entirely. However, a student organization’s refusal to participate in the investigation, in whole or in part, lasts for the duration of the conduct process. In other words, if a student organization chooses not to provide information during the investigation, they will not be allowed to present new information during the Hearing; similarly, if a student organization provides only limited information during the investigation (i.e., answering some of the Investigator’s questions but not others), then during the Hearing, the student organization will only be permitted to speak to the information provided, with no additional commentary, The rationale for this policy is to prevent parties from presenting new evidence at the Hearing that was available during the investigative process for the purpose of disadvantaging the other party.
    4. The opportunity to provide information and evidence in support of the case;
    5. Know if they have been issued any allegations of misconduct;
    6. Know the range of sanctions that may be imposed for a conduct violation, if one is alleged and found to have occurred;
    7. Know the Angelo State University conduct policies and procedures, and where to find them;
    8. Know that any information provided by the student organization may be used in a conduct proceeding;
      • Any information provided by a student during an investigation may be used in formal conduct processes related to allegations against the student organization, the student or other students.
      • Student and student organization records are subject to the Federal Education Rights & Privacy Act (FERPA). Information collected during an investigation will be compiled into an investigation report and is considered student or student organization records. The investigation report may be shared with the assigned student conduct Hearing Panel members or administrative officers assigned to adjudicate concerns as officials with legitimate educational interest and without written consent for release. Student and student organization records can be subpoenaed in accordance with criminal processes which could include the release of the investigation report to law enforcement officials. The investigation report may also be shared with the inter/national or regional organization headquarters staff to assist with collaborative investigations.
    9. Know that if a student makes any false or misleading statements during the student conduct process, that student could be subject to further disciplinary action.Student organization responsibilities include:
    10. Be responsive to all communications from the university;
    11. Provide information relevant to the incident or situation;
    12. Be honest and provide true and accurate information during the investigation
    13. If a student or student organization needs additional time to gather information, please inform your Student Conduct Officer/Investigator.
    14. Review the Code of Student Conduct in order to fully understand all aspects of the student conduct process.

     

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  • 9. Investigation

    1. The Executive Director of Student Affairs, the Director of Title IX Compliance, or designee will appoint a Student Conduct Officer/Investigator to conduct a thorough, reliable, and impartial investigation of the reported concern.
    2. Reported allegations of misconduct under the Code of Student Conduct have varying degrees of complexity and severity. Therefore, the investigation procedures described below may vary. In student organization incidents there is the potential for three or more separate investigations to be occurring in a similar time frame:
      • Angelo State University Student Organization Conduct Investigation.
      • Criminal Investigation by the University, San Angelo, or Other Police Departments.
      • Inter/National or Regional Headquarter Investigation.
      • Local Student Organization Advisory Board Investigation.
    3. When initial inquiry indicates that another concurrent investigation is occurring alongside the Angelo State University student conduct investigation, the appointed investigator(s) will, where possible, collaborate with the other entities conducting investigations. Elements of a collaborative investigation may include coordinated or joint interviews, evidence sharing, and investigation report sharing within the limits of student records policies.
    4. Investigations of student organization conduct may include the requirement for student organization members to attend an investigation meeting as a group or as individuals. Students may be asked to complete written questionnaires related to the investigation. Regardless of the nature of the investigation, students and student organizations should be aware of their rights and responsibilities in the conduct process and recognize that any information shared during the course of the student conduct investigation may be used in formal conduct processes against the student organization or the individual student. Students can always decline to participate in a collaborative investigation meeting and meet only with the student conduct investigator instead of meeting together with other investigators.
    5. During the investigative process, student organization representatives are responsible for providing all information or evidence that they believe should be considered. Once the investigative process is complete, the Student Conduct Officer/Investigator will compile the relevant information and evidence into an Investigation Report, which will include the allegations of the Code of Student Conduct and may include a timeline of the event(s), statements from the interviews, physical and electronic evidence, a breakdown of the discrepancies in the various interviews, and credibility considerations. The Investigator will document any physical or electronic evidence in a manner that is conducive and unobstructive to concurrent or forthcoming police investigations.
    6. Student organizations will be asked to provide information about any actions occurring voluntarily by the organization and/or to address concerns or actions occurring related to other conduct processes (inter/national or regional actions, local alumni board actions). This information is used to afford the opportunity for an organization to be eligible for informal resolution processes or the sanctioning portion of a formal hearing if an organization is found responsible for a policy violation.
    7. A student organization will have access to a completed Investigation Report and/or investigative materials relevant to the allegation(s) after the investigative process has concluded. In order to protect confidentiality, however, student organizations are not given copies of the Investigation Reports and/or investigative materials.

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  • 10. Investigation Report is Completed by Investigator and Pre-Hearing Scheduled

    1. Once the investigation report is completed, the President and his/her advisors for the student organization will be given notice of a Pre-Hearing Meeting. During this meeting, the representatives will be given an opportunity to review the Investigation Report and other documents or evidence that would be used in a formal hearing. If new or previously unavailable information is now available, the Investigator will make a determination about the inclusion of the information in the report.
      • If there is not sufficient evidence to proceed to a hearing, a policy warning letter would be issued to the organization and the incident would be closed.
      • If there is sufficient evidence to proceed to a hearing, the investigation report will outline the formal allegations against the student organization.
      • A discussion would occur around the opportunity for an informal resolution or a formal hearing.
    2. In cases proceeding to a formal hearing, the student organization representative(s) would review the formal hearing script and the pool of faculty, staff, and students trained for the Hearing Panel.

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  • 11. Informal Resolution

    1. Upon review of the investigation report and the investigation process, the organization may have the opportunity to resolve the issue informally. The Investigator would provide an informal resolution in writing to the organization representatives for their consideration. The organization would agree to the outlined findings of responsibility for misconduct and the outlined sanctions. If there is a complaint, the Reporting Party must also agree to the informal resolution. To participate in the Informal Resolution process, student organizations must accept both the finding and the sanction. There is no appeal of signed informal resolutions.
    2. Once completed, the informal resolution completes the conduct process. The case will only be reopened if new materials, previously unavailable, are presented.

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  • 12. Pre-Hearing Process

    1. In cases involving an Administrative or Panel Hearing, the Pre-Hearing Process will be followed. Once the investigative process is complete, the student organization will be given notice of a Pre-Hearing Meeting. Should student organizations not participate in the Pre-Hearing, the conduct process may continue without their participation, including the assignment of allegations and the completion of an Administrative or Panel Hearing. During this meeting, student organizations will be given the opportunity to review the Investigation Report, relevant evidence, and other documents to be used in the Administrative or Panel Hearing. Other documents include notification of Responding Party’s allegations, Panel composition, and Hearing script. Following the pre-hearing, student organizations will be notified, via the notification procedures, outlined in Part I, Section A.3 of a date, time, and location of the Hearing.
    2. While students may identify errors in their own statements during the Pre- Hearing, they are not able to add additional information to the Investigation Report unless that information, in the judgment of the Student Conduct Officer/Investigator, was unavailable during the investigative process and is pertinent to the consideration of the case. If a student discovers new, previously unavailable information during the time after the Pre-Hearing but before the Administrative or Panel Hearing, the student should inform the Student Conduct Officer/Investigator immediately. If the new information is pertinent to the consideration of the case, the Student Conduct Officer/Investigator will determine whether the new information should be included in the Investigation Report or presented verbally during the Administrative or Panel Hearing. If there is new evidence introduced, other involved parties would also be given the opportunity to provide a response to any new evidence that will be presented in the Administrative or Panel Hearing.
    3. The conduct process is designed to be non-adversarial. Student organization representatives will be permitted to question the statements and evidence presented by the other involved parties, but may not do so directly. After reviewing the Investigation Report, during the Pre-Hearing, the Reporting Party and Responding Party will have the opportunity to question the statements and evidence presented by the other involved parties, via the Student Conduct Officer/Investigator, who will pose the questions and supplement the Investigation Report.
      Questions that are deemed objectionable, inappropriate, and/or irrelevant by the Student Conduct Officer/Investigator may be rejected.
    4. Student organizations may indicate whether an Administrative Hearing or Panel Hearing is preferred. However, the Student Conduct Officer/Investigator has the sole discretion in all cases to designate whether an Administrative Hearing or Panel Hearing will be held notwithstanding the student’s preference.
    5. In cases requiring a Hearing Panel, the Student Conduct Officer/Investigator will share the pool of faculty, staff, and students trained for Hearing Panels. Student organization representatives will be given the opportunity to request to strike any member of the Hearing Panel whose impartiality may be in question. In order to strike a member of the Hearing Panel, the student organization representative must provide the Student Conduct Officer/Investigator with a reasonable and substantiated rationale for the request. Once the composition of the Hearing Panel is set, the Student Conduct Officer/Investigator will schedule the Panel.

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  • 13. Hearings

    1. Upon completion of the initial inquiry/investigation, after the allegation(s) have been assigned, and proper notice has been given to the student organization, the University may proceed to conduct either an Administrative or a Panel Hearing and issue a finding and accompanying sanctions, if applicable. The Administrative Hearing or Panel Hearing may be held and a decision made, regardless of whether the student organization responds, fails to respond, attends the Hearing, or fails to attend the Hearing. Should the student organization fail to attend the Administrative or Panel Hearing, the Student Conduct Officer/Investigator or the Hearing Panel may consider the information contained in the Investigation Report and render a decision. Student organization conduct processes are typically adjudicated by a Panel Hearing.
    2. Hearings are closed to the public. The Reporting Party and Responding Party have the right to be present at the formal hearing; however, they do not have the right to be present during deliberations. Arrangements will be made so that the Reporting Party and Responding Party are not present in the hearing room at the same time.
    3. Student organizations are typically represented by the current President and an advisor.
    4. In situations where the organization no longer has a current student representing the organization, the conduct process will continue with the information available at the time. Organizations with inter/national, regional, or local advisory staff or volunteers with a long-term interest in the organization’s recognition at the University may be allowed to participate in the resolution of conduct processes when a current student is no longer able to represent the organization.
    5. Administrative Hearing
      An Administrative Hearing is the process of adjudicating allegations of violations of the Code of Student Conduct by an Administrative Hearing Officer. The Administrative Hearing Officer in an Administrative Hearing may be the Student Conduct Officer/Investigator that completed the Investigation Report, or an Administrative Hearing Officer assigned by the Executive Director of Student Affairs or designee. The Administrative Hearing Officer makes the decision of responsibility and assigns a sanction, as appropriate. Written notification of the outcomes of the Administrative Hearing should be provided to the student within five (5) University business days of the conclusion of the Administrative Hearing. Decisions made through the Administrative Hearing may be appealed by students by utilizing the Disciplinary Appeal Procedures outlined in Part I, section C.5.Panel HearingFor each Panel Hearing a panel of three (3) members will be chosen from the available pool by the Executive Director of Student Affairs,  the Director of Title IX Compliance, or designee. The Panel will typically be comprised of one student, one faculty member, and one staff member. Availability may determine a different composition for the Hearing Panel. For allegations involving Part I, Section B (Academic Misconduct), the Panel will be comprised of only students and faculty members. For cases involving Part I, Section B.2 (Actions Against Members of the University Community and Others) or other sensitive issues, the Director of Title IX Compliance or designee will appoint three (3) Administrative Hearing Officers from the pool of available members for the Panel.

    Administrative Hearing Officers who served as Investigators for the case being heard by a Hearing Panel may not serve as either a voting members of the Hearing Panel or as the non-voting Resource Person, and will only participate as the Investigator in the Panel Hearing. 

    All Hearing proceedings, excluding deliberations of the Hearing Panel, will be recorded by the University.  

    During the Panel Hearing, a designated Resource Person will facilitate the Hearing process. 

    The Director of Title IX Compliance, or designee will appoint a Panel Resource Person to serve as a non-voting participant in the Panel Hearing. The Panel Resource Person will be a trained University staff member who may:

      • Prepare the Panel Hearing materials.
      • Record the Panel proceedings.
      • Escort participants into the Hearing room, grant breaks for participants, and distribute evidentiary materials.
      • Ensure proper decorum throughout the Panel Hearing.
      • Ensure the procedural soundness of the Panel Hearing.
      • Provide student conduct history as well as any documented Policy Warnings issued to the Responding party, during the sanctioning phase, if necessary.
      • Transcribe the findings of the Hearing Panel.
      • Compile the post-Hearing documentation.
      • Deliver notification to student parties.
    1. The Student Conduct Officer/Investigator presents the Investigation Report, evidence, witnesses, allegation(s), and questions for deliberation. Both the Reporting Party and Responding Party have the right to add or make additional comments about the facts of the case. The Hearing Panel may question the Student Conduct Officer/Investigator, Reporting Party, Responding Party and any witnesses. The Reporting Party and Responding Party do not have the right to question each other or witnesses directly, but may pose questions through the Student Conduct Officer/Investigator. Should new evidence be presented without prior discussion with the Student Conduct Officer/Investigator, the Hearing may be halted to consider the inclusion of this information. Impact statements will also be halted if they are shared prior to the sanctioning phase of the Hearing. In the event the Resource Person of the Hearing Panel removes a student due to misconduct (Reporting Party, Responding Party, or witnesses), the alleged misconduct will be forwarded to the Executive Director of Student Affairs, the Director of Title IX Compliance, or designee for additional processing as appropriate.
    2. Following the hearing, the hearing Panel will deliberate and will render a decision in regard to the alleged misconduct as well as decide any sanctions, if applicable. The Investigator will provide information during sanctioning related to any previous conduct history, self-sanctioning occurring with the organization, and general information about the organization’s activities and participation at Angelo State University to help the Panel determine appropriate sanctioning.

      Should the Hearing Panel have any questions for the Student Conduct Officer/Investigator, the Reporting Party, and/or the Responding Party, the Hearing Panel will reconvene so that all parties have the opportunity to respond and be present for other parties’ responses.

      Outcomes of the Hearing Panel will be provided to the student(s) in writing within five (5) University business days of the conclusion of the Panel Hearing. Decisions made through the Hearing Panel may be appealed by students by utilizing the Disciplinary Appeal Procedures outlined in Part I, section C.5.

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  • 14. Sanctions

    A Student Conduct Officer/Investigator, Administrative Hearing Officer, or a Hearing Panel may impose sanctions as a result of an Informal Resolution, Administrative Hearing, or Panel Hearing, when a student organization is found responsible. The potential sanctions are listed in the Student Organization Sanctioning Grid in the Student Handbook Appendix C. The grid is provided only as a guideline for administering sanctions by the Student Conduct Officer/Investigator, Administrative Hearing Officer or the Hearing Panel.

    The cooperation of an organization during the investigation and conduct process as well as any self-sanctioning or other required sanctioning will also be considered in the determination of sanctions.

    Implementation of the sanctions will not begin until either the time for a disciplinary appeal has expired or until the disciplinary appeal process is exhausted. Upon the judgment of the Executive Director of Student Affairs, Director of Title IX Compliance,or designee some cases resulting in sanctioning of suspension and expulsion may begin prior to the completion of the disciplinary appeal process.

    If a student organization is found responsible for violating the Code of Student Conduct, sanctions may be imposed and can include, but is not limited to the following:

    1. Disciplinary Reprimand
      The Disciplinary Reprimand is an official written notification that the action in question was misconduct. The disciplinary status of the organization is still good- standing.
    2. Disciplinary Probation
      Disciplinary Probation is a period of time during which the organization’s conduct will be observed and reviewed. The organization must demonstrate the ability to comply with University policies and any other conditions / requirements stipulated for the period of probation. Further instance of misconduct during this time period may result in additional sanctions, conditions, and/or restrictions.
    3. Deferred Disciplinary Suspension
      Deferred Disciplinary Suspension is utilized for misconduct that could have resulted in suspension, but the suspension is deferred for a period of observation and review. Deferred suspensions are assigned for no less than one semester.

      Further instances of misconduct during this time period may result in immediate temporary suspension of organization activities and often result in suspension or expulsion. Deferred suspension often includes multiple conditions and restrictions for the organization to continue recognition with the University.

    4. Time-Limited Disciplinary Suspension
      Time-Limited Disciplinary Suspension is a specific period of time in which a student organization’s registration with the University is suspended as well as privileges and benefits of registration. Suspended student organizations may not hold events or activities on campus, may not solicit or utilize University grounds or services to promote organizations or events or to recruit members, and may not utilize any other benefits or services provided to registered student organizations. If an inter/national or regional organization suspends the charter of an organization, this results in a sanction no less than time-limited suspension for the time period of the suspended charter. Notification of disciplinary suspension of a student organization will indicate the date on which it begins and the earliest date the student organization’s application for registration will be considered. The Student Conduct Officer/Investigator may deny an application for registration if the organization’s misconduct during suspension would have warranted additional disciplinary action. If the student organization has failed to satisfy any sanction that was imposed prior to application for registration, the Student Conduct Officer/Investigator may deny registration to the student organization. On a denial of student organization registration, the Student Conduct Officer/Investigator, Executive Director of Student Affairs or Director of Title IX Compliance will set a date when another application for registration may again be made.
    5. Disciplinary Expulsion
      Disciplinary Expulsion occurs when the student organization is permanently separated from the University with no opportunity for future registration as a student organization.
    6. Conditions
      A condition is an additional component of a disciplinary sanction, usually an educational element assigned to occur in conjunction with a period of probation or deferred suspension or assigned to occur prior to returning from time-limited suspension. Examples include, but are not limited to:
      • Hosting educational programs or initiatives for the organization or community related to the misconduct.
      • Requirements for additional training or advisement from Angelo State University staff, advisory boards, or other appropriate parties.
      • Requirements for membership to complete online education programs or other activities.
      • Requirements for community service or other activities beneficial to the membership and associated with remedying the impact of behavior on the community.
      • Restitution or compensation for loss, damage or injury, which may take the form of appropriate service and/or monetary or material replacement.
      • Requirements for completion of membership reviews and providing updated rosters.
      • Requirements to submit information about updated and improved organizational processes such as new member education plans, or social event plans.
    7. Restrictions
      A restriction is an additional component of a disciplinary sanction, usually an educational restriction on organization activities that occurs during a time period of probations or deferred suspension or upon return from time-limited suspension. Examples include, but are not limited to:
      • Revocation of organization benefits such as eligibility for SGA funding, eligibility to reserve rooms, and eligibility to solicit or hold events on campus; or
      • Denial of participation or restrictions associated with participation in University activities as a student organization such as homecoming, intramurals, and recruitment activities.
    8. Required Notifications
      Some organization misconduct requires additional notifications. Texas Education Code, Chapter 51.936 indicates that institutions of higher education shall distribute to each student during the first three weeks of each semester a list of organizations that have been disciplined for hazing or convicted for hazing on or off the campus of the institution during the preceding three (3) years.

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  • 15. Disciplinary Appeal Procedures

    1. A student organization may appeal the decision of a hearing or the sanction(s), condition(s), and restriction(s) imposed following a formal hearing by submitting a written petition for appeal to the designated appeal officers within five (5) University business days of receiving the written decision.
    2. The Vice President for Student Affairs and Enrollment Management or designee will select an appeal officer in each case. The designated officer will be a trained University staff or faculty member who was wholly uninvolved in the original Conduct Process and will render a neutral, impartial, and unbiased decision.
    3. Petitions for appeal must clearly identify the grounds for the appeal, together with the evidence upon which the appeal is based. A disagreement with the decision alone shall not constitute grounds for appeal.
    4. The only proper grounds for appeal are as follows:
      • Procedural or substantive error that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
      • Discovery of new evidence, unavailable during the original hearing or review of the case, which could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
      • The sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions.
    5. In cases involving alleged misconduct involving Part I, section B.2 (Actions Against Members of the University Community and Others), either the Reporting Party or Responding Party may appeal the decision of the Hearing Panel. In such cases, the the Vice President for Student Affairs and Enrollment Management or designee will provide the request for appeal to the other party and provide opportunity for response.
    6. The designated appeal officer will first review the appeal to determine if the appeal is timely and properly sets forth the appropriate grounds for appeal, with adequate accompanying evidence. If any of these requirements are not met, the appeal will be dismissed, and the decision will be final.
    7. If the designated appeal officer determines that the sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions, the appeal identifies a procedural/substantive error or new evidence that was unavailable at the original Hearing, the appeal officer will then determine whether the error or new evidence would have substantially impacted the decision of the Administrative Hearing Officer or Panel Hearing. If the designated appeal officer determines that the error or new evidence would have substantially impacted the decision, they may:
      • Modify the finding and/or increase, decrease, or otherwise modify the sanctions.
      • Remand the case to the original Hearing Panel.
      • Remand the case to a new Hearing Panel.
    8. The Vice President for Student Affairs and Enrollment Management or designee shall make all reasonable efforts to notify the student organization of the status of the appeal throughout the appellate process and shall make all reasonable efforts to notify the student organization of the result of their appeal using the written notification procedures outlined in Part I, section A.3 within ten (10) University business days. If necessary, the Designated Appeal Officer will notify the student organization should they need additional time to determine the outcome of the appeal. The decision of the Designated Appeal Officer is final and cannot be appealed.
    9. If the Designated Appeal Officer remands the decision to a new Hearing Panel, the decision of that Hearing Panel is final and may not be appealed.

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  • 16. Student Organization Records

    1. All records concerning a student organization related to conduct processes will remain on file with the University for a minimum of seven (7) years from the date of the completion of the case via informal resolution, formal hearing, and/or conduct appeal processes.
    2. Student organization records do not impact the content of individual student records for student organization members. A finding of responsibility of misconduct for student organizations does not indicate a finding of responsibility for individual students. Individual students are subject to their own conduct processes separate from the student organization process.
    3. Student organization conduct decisions and finding are shared with the inter/national or regional headquarters of organizations as appropriate.

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