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Part I: Code of Student Conduct

C. Conduct Procedures for Students

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  • Introduction

    Upon notice of an alleged violation of the Code of Student Conduct, 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 misconduct, and will evaluate the accuracy, credibility, and sufficiency of the information.

    Incident reports 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 Complainant 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.

    When an initial report of misconduct by a third party does not identify the victim or the victim is not available, the Student Conduct Officer/Investigator will investigate the reported incident to the fullest extent of the information available.

    When a Reporting Party is identified, but is reluctant to participate in the investigative process and/or the student conduct process entirely, 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 a continuing threat. If the Reporting Party does not want to participate in the investigative process but has no aversion to the University pursuing conduct action with respect to the named Respondent, the University will proceed with the student conduct process to the extent of the information available. If the Reporting Party does not want the University to pursue the report in any respect, the University will investigate further only if there is reason to believe that a significant continuing threat to the campus community exists.

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  • 1. Remedies and Resources

    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 procedures. 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, modifications to academic schedule. Remedies will be evaluated on a case-by-case basis.

    1. Resources
      Angelo State University has a variety of resources to assist students involved in conduct processes or experiencing concerns related to other student conduct. Resources include, but are not limited to assistance in reporting criminal behavior to the University Police Department or the San Angelo Police Department, counseling services, medical assistance, academic support referrals, and other support services. The Executive Director of Student Affairs, Director of Title IX Compliance, or designee are also available to help students understand the student conduct process and identify resources.
    2. Interim Actions
      Under the Code of Student Conduct, the Executive Director of Student Affairs, Director of Title IX Compliance, or designee may impose restrictions and/or separate a student from the community pending the completion of the conduct process on alleged violation(s) of the Code of Student Conduct when a student 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. Interim actions can include separation from the institution or restrictions on participation in the community pending the completion of the conduct process on alleged violation(s) of the Code of Student Conduct. A student 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 this meeting, the University may still proceed with the scheduling of a campus Hearing. During an interim suspension, a student may be denied access to Housing and Residential Programs/or the University campus/facilities/events. As determined appropriate by the Executive Director of Student Affairs, the Director of Title IX Compliance, or designee, this restriction may include classes and/or all other University activities or privileges for which the student might otherwise be eligible. At the discretion of the Executive Director of Student Affairs, the Director of Title IX Compliance, or designee and with the approval of, and in collaboration with, the appropriate Instructor(s), alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student. Students 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/or other members of the University Community. Interim action is preliminary in nature; it is in effect only until the conduct process has been completed. However, violations of interim administrative action may result in additional allegations of the Code of Student Conduct.
      1. No Contact Order
        When initial inquiry indicates persistent and potentially escalating conflict between two members of the University community, a No Contact Order may be issued as a remedial, non-punitive deterrent to further conflict or situational complication. A No Contact Order will be issued by the Executive Director of Student Affairs, the Director of Title IX Compliance, or designee via the student’s official Angelo State University email. The notice serves as an official directive that the student(s) have no contact with the other listed parties. Contact cannot occur in person, by telephone, email, text message or other electronic means of communication, or through a third party (other than an attorney). Should contact need to occur, the student should coordinate with the Executive Director of Student Affairs, the Director of Title IX Compliance, or designee. This notice may also come with other information related to changes in class schedule or other restrictions to facilitate the no contact order. Failure to comply with the no contact order is considered retaliation and will result in disciplinary action, including possible suspension or expulsion. Violations of no contact orders may also result in immediate temporary suspension during the completion of the conduct process. The term of a No Contact Order is indefinite, unless otherwise stated in the Order.
      2. Immediate Temporary Suspension – Students
        A student may be temporarily suspended pending completion of conduct procedures if, in the judgment of the Executive Director of Student Affairs, the Director of Title IX Compliance, or on recommendation of a Student Conduct Officer/Investigator, the physical or emotional well-being of a student or other students or members of the University community could be endangered or if the presence of the student could significantly disrupt the normal operations of the University. The Executive Director of Student Affairs, the Director of Title IX Compliance, or designee will initiate appropriate conduct procedures to address the disruptive behavior within five (5) University business days from the date of temporary suspension.

      Upon Immediate Temporary Suspension, the student may no longer attend classes, use University services and/or resources, and is not allowed to be on campus until the conduct proceedings have been concluded. Any instances whereby the student should need to return to campus must be coordinated through the Office of Student Affairs and the University Police Department. Conduct, on or off campus that typically results in immediate temporary suspension:

        • A significant and articulable threat to the health or safety of a student or other member(s) of the University community;
        • Sexual assault, other forms of sexual misconduct, stalking, and relationship violence that are creating a hostile environment for the victim and the remedy for the harassment requires temporary separation;
        • Criminal felony charges related to weapons, drugs, aggravated assault, and/or terroristic threats;
        • Severe disruption in the academic community related to erratic behavior, threats, property damage, and/or verbal aggression with another student, where the offending student is uncooperative with staff requests;
        • Violation of a No Contact Order;
        • Retaliatory harm, discrimination, or harassment.
      1. Other Interim Actions
        In the event that the physical or emotional well-being of a student, other students, or members of the University community could be endangered, or if the presence of the student could significantly disrupt the normal operations of the University, other interim actions may be taken to protect the educational environment. These actions include, but are not limited to, temporary removal from University student housing, temporary changes in a student’s academic schedule, and temporary restrictions from University activities, services and/or buildings.
      2. Non-Student Interim Actions
        Any guest to the University who is alleged to have violated the Code of Student Conduct and/or is deemed to pose a threat to the physical and/or emotional well-being of a student or other members of the University community and/or the presence of an individual could significantly disrupt the normal operations of the University, the Executive Director of Student Affairs or designee, in conjunction with the University Police Department, will issue a Criminal Trespass Warning to that individual(s).
      3. Withdrawal of Consent
        1. Grounds for Removal
          The Student Conduct Officer/Investigator or another University agent acting in accordance with his/her duties may recommend to the Executive Director of Student Affairs or Director of Title IX Compliance that, in accordance with the Texas Education Code, the student have his/her consent to remain on the campus withdrawn if, in the judgment of the Executive Director of Student Affairs, Director of Title IX Compliance or designee, it is determined that:
          • The student has willfully disrupted the orderly operation of the premises, and;
          • The student’s presence on the campus or facility constitutes a substantial and material threat to the orderly operation of the premises.
          If the Executive Director of Student Affairs or the Director of Title IX Compliance concurs with the Student Conduct Officer/Investigator’s recommendation, permission for the student to be on University premises will be withdrawn. This Withdrawal of Consent will not be longer than fourteen (14) calendar days and a Hearing must be held within these fourteen (14) calendar days to determine the student’s status at the University. Permission to be on University premises must be coordinated through the Executive Director of Student Affairs or the Director of Title IX Compliance and the University Police Department. The  Executive Director of Student Affairs, the Director of Title IX Compliance, or designee will notify all parties of the final decision using the written notification procedures outlined in Part I, section A.3 within five (5) University business days.
        2. Registration Flag Following Withdrawal of Consent
          When a student is withdrawn under this section, an administrative hold will be placed on the student’s readmission to the University. This administrative hold will remain on the student’s records until the student is readmitted.

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  • 2. The Conduct Process

    1. Notice of Involvement
      A student will be given notice of his or her involvement in an alleged violation of the Code of Student Conduct by receipt of a “Notice of Involvement/Need to Talk” Letter. In cases involving Part I, Section B.1 (Academic Misconduct), the instructor of record will notify the student of the allegations. When preliminary information indicates that certain, identifiable student(s) are associated with the reported incident, those student(s) will be asked to meet with a Student Conduct Officer/Investigator or the instructor of record for allegations of Academic Misconduct. In addition to the possible sanctions, and in the event that a student fails to respond to written notification, an administrative hold may be placed on the student’s record to prevent further registration and transcript receipt. The administrative hold will remain until such time as the Student Conduct Officer/Investigator receives an appropriate response. Failure to comply with or respond to a notice issued as part of conduct procedure and/or failure to appear will not prevent a Student Conduct Officer/Investigator from proceeding with the conduct process. Likewise, failure of a student to respond to notification to appear may result in additional alleged violations and result in a charge of Failure to Comply.
    2. Rights and Responsibilities
      Prior to the formal investigative process, a student will be provided a Student Rights and Responsibilities document. This document will be reviewed and signed by the student prior to an interview with the Student Conduct Officer/Investigator. The Student Rights and Responsibilities document informs the student of his or her rights to be exercised before and during the investigative process. Information gathered during the course of the investigation and student conduct process may only be shared with faculty, staff, students, and/or advisors who are directly involved in the incident or necessary to the student conduct process. Information gathered may also be disclosed in compliance with a judicial order or lawfully issued subpoena.
      A student has the right to:
        1. A prompt, fair, and equitable process;
        2. Be accompanied by an advisor at any meeting or Hearing. 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 student and does not have an active, participatory role in the conduct process. If an advisor for the accused student 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 the Hearing on behalf of the University. The Complainant and/or the student accused of alleged misconduct is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or participate directly in any Hearing unless authorized by a Student Conduct Officer. Students should select an advisor whose schedule allows attendance at the scheduled date and time for the Hearing, as delays will not be allowed due to the scheduling conflicts of an advisor, except at the discretion of a Student Conduct Officer/Investigator upon written request five (5) University business days in advance of the scheduled Hearing date;
        3. Refrain from making any statement relevant to the investigation. Students are expected to cooperate in the University conduct process, but may elect not to participate in the investigation process, either in part or entirely. However, a student’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 chooses not to provide information during the investigation, they will not be allowed to present new information during the Hearing; similarly, if a student 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 will only be permitted to speak to the information he or she provided, with no additional commentary. The rationale for this policy is to prevent either party from presenting new evidence at the Hearing that was available during the investigative process for the purpose of disadvantaging the other party.
          NOTE: See Pre-Hearing Process, below, for details on inclusion of new, previously unavailable information after conclusion of the investigative process.
        4. The opportunity to provide information and evidence in support of his/her 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 may be used in a conduct proceeding.
        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.
        It is the student’s responsibility to:
        1. Be responsive to all correspondence from the University.
        2. Provide information relevant to the incident or situation.
        3. Be honest and provide true and accurate information during the investigation.
        4. Review the Code of Student Conduct in order to fully understand all aspects of the student conduct process.
      1. Investigation
        The Executive Director of Student Affairs, the Director of Title IX Compliance, or designee will appoint a Student Conduct Officer/Investigator who will conduct a thorough, reliable, and impartial investigation of the reported allegation. In cases involving Part I, Section B.1 (Academic Misconduct), the instructor of record will conduct the initial inquiry/investigation. Reported allegations of misconduct under the Code have varying degrees of complexity and severity. Therefore, the investigation procedures described below may vary.

        When initial inquiry indicates a concurrent police investigation is occurring, the Student Conduct Officer/Investigator will, where possible, collaborate with the University Police Department during the investigation. Elements of this collaborative investigation may include the Student Conduct Officer/Investigator coordinating with responding officers at the scene of the incident, joint interviews with police detectives, and evidence sharing. The Student Conduct Officer/Investigator will never take physical custody of any physical or electronic evidence, but will work closely with the University Police Department to inspect, analyze, and incorporate physical or electronic evidence into the Investigative report.

        During the investigative process, Reporting Parties and Responding Parties 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 may 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 interviews, physical and electronic evidence, a breakdown of the discrepancies in the various interviews, and credibility considerations. The Student Conduct Officer/Investigator will document any physical or electronic evidence in a manner that is conducive and unobstructive to concurrent or forthcoming police investigations. A student will have access to review the completed Investigation Report and/or investigative materials relevant to the investigation after the Investigative process has concluded. In order to protect confidentiality however, students are not given copies of Investigation Reports and/or investigative materials.

        Allegations of potential violations of the Code of Student Conduct, if appropriate, are assigned at the conclusion of the Investigative Process at which point the Student Conduct Officer/Investigator explains the options for resolution to the involved parties. Should students not participate in the Investigative Process, the conduct process may continue without their participation, including the assignment of allegations.

      2. Informal Resolution
        If after the Initial Inquiry/Investigation, the responding student accepts responsibility for the allegations of the Code of Student Conduct which may be outlined in an Investigation Report, the student can choose to resolve the issue informally. Should the student wish to participate in the Informal Resolution Process, the Student Conduct Officer/Investigator conducting the initial inquiry/investigation will inform the student of the appropriate sanctions for the misconduct. To participate in the Informal Resolution process, a student must accept both the finding and the sanctions. If accepted, the process ends, the finding is final, and there is no appeal. In cases involving Part I, section B.1 (Academic Misconduct), the instructor of record can assign sanctions in Part I, section C.4.h. Additional sanctions in Part I, section C.4.a-g can also be assigned on a case by case basis by the Executive Director of Student Affairs, Director of Title IX Compliance, or designee.

        In cases involving another student (a Reporting Party) and/or a violation of Part I, section B.2 (Actions against Members of the University Community and Others) of the Code of Student Conduct, both the Reporting Party and the Responding Party must agree to both the finding and the sanctions as recommended by the Student Conduct Officer/Investigator. The case will only be reopened if new material, previously unavailable is presented. Mediation will not be used to resolve cases involving Title IX (sexual misconduct)-based allegations. The Informal Resolution, while not considered mediation, will also not be utilized to resolve cases of nonconsensual sexual intercourse.

        Written notification of the outcomes and sanctions, if applicable, of the Informal Resolution will be provided to the student and appropriate University Administrators within five (5) University business days of the effectuation of the Informal Resolution. All cases involving Part I, section B.1. (Academic Misconduct) will be reported to the Executive Director of Student Affairs or designee by the instructor of record if the student chooses the Informal Resolution.

      3. Pre-Hearing Process
        In cases involving an Administrative or Panel Hearing, the Pre-Hearing Process will be followed. Once the investigative process is complete, the responding student will be given notice of a Pre-Hearing Meeting scheduled outside of the student’s academic schedule. Should students 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, students will be given the opportunity to review the Investigation Report, relevant evidence, and/or other documents to be used in the Administrative or Panel Hearing. Other documents reviewed may include notification of Respondent’s allegations, Committee composition, and Hearing script. Following the Pre-Hearing, student(s) will be notified, via the notification procedures, outlined in Part I, section A.3 of a date, time, and location of the Hearing.

    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.

    The student conduct process is designed to be non-adversarial. Students 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, Reporting Parties and Responding Parties 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.

    Students 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.

    In cases requiring a Hearing Panel, the Student Conduct Officer/Investigator will share the list of committee members which consists of faculty, staff, and students trained for Panel Hearings. Students 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 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 Executive Director of Student Affairs, Director of Title IX Compliance or designee will schedule the Panel Hearing.

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  • 3. Hearings

    Upon completion of the initial inquiry/investigation, after the allegation(s) have been assigned, and proper notice has been given to the student, the University may proceed to conduct either an Administrative or a Panel Hearing and issue a finding and accompanying sanctions, if applicable. The Administrative or Panel Hearing may be held and a decision made, regardless of whether the student responds, fails to respond, attends the Hearing, or fails to attend the Hearing. Should the student fail to attend the Administrative or Panel Hearing, the Student Conduct Officer/Investigator or the University Discipline Committee may consider the information contained in the Investigation Report and render a decision.

    Hearings are closed to the public. In cases involving another student (a Reporting Party) and/or a violation of Part I, section B.2 (Actions against Members of the University Community and Others) of the Code of Student Conduct, both the Reporting Party and the Responding Party have the right to be present at the Hearing; however, they do not have the right to be present during deliberations. Arrangements can be made so that complaining and responding students do not have to physically be in the Hearing room at the same time. To request changes in the scheduled Hearing time, students should contact the Office of Student Affairs prior to the scheduled Hearing.

    1. 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 Administrative Hearing Officer assigned by the Executive Director of Student Affairs or designee. In cases involving Part I, Section B.1 (Academic Misconduct), the Administrative Hearing Officer will be the Academic Dean of the college housing the course where the violation occurred or designee with assistance from the Executive Director of Student Affairs or designee. The Administrative Hearing Officer makes the decision of responsibility and assigns sanctions, as appropriate.

      Written notification of the outcomes of the Administrative Hearing will 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 II, section C.5.

    2. Panel Hearing
      For each Panel Hearing a panel of three (3) Hearing Panel members will be chosen from the available pool by the Executive Director of Student Affairs, Director of Title IX Compliance, or designee. Typically the Hearing Panel will be comprised of one student, one faculty member, and one staff member. Availability may determine a different composition for the Panel. For allegations involving Part 1, Section B.1 (Academic Misconduct) the Hearing 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 for the Hearing Panel.
      Administrative Hearing Officers who served as Investigators for the case being heard by a Hearing Panel may not serve as either a voting member of the Hearing Panel or as the non-voting Resource Person, and will only participate as the Investigator in the Panel Hearing.
      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 Hearing 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.

      The Student Conduct Officer/Investigator presents the Investigation Report, evidence, witnesses, allegation(s), and questions for deliberation. Both the Reporting Party and the 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 sanctioning phase of the Hearing. In the event the Resource Person 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, Director of Title IX Compliance or designee.
      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. 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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  • 4. Sanctions

    A Student Conduct Officer/Investigator, Administrative Hearing Officer, or a University Discipline Committee may impose sanctions as a result of an Informal Resolution, Administrative Hearing, or Hearing Panel, when a student is found responsible. The potential sanctions are listed in the Code of Student Conduct grid at http://www.angelo.edu/student-handbook/appendices/sanctioning-grids.php. The grid, mentioned above, is provided only as a guideline for administering sanctions by the Student Conduct Officer/Investigator, Administrative Hearing Officer, or the Hearing Panel/Academic Integrity Committee. The Student Conduct Officer/Investigator, Administrative Hearing Officer and/or the Hearing Panel/Academic Integrity Committee may deviate from the grid.

    Implementation of the disciplinary sanction(s) will not begin and are not deemed final until either the time for a disciplinary appeal has expired or until the disciplinary appeal process is exhausted. Sanctions agreed upon through the Informal Resolution process are final upon effectuation of the Informal Resolution. When sanctions are final, appropriate University Administrators may be notified of the student’s sanctions. 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.

    All records related to the disciplinary process will remain on file in room 112 of the Houston Harte University Center for a minimum of seven (7) years from the date the case is completed through an Informal Resolution, Administrative Hearing, or Hearing Panel/Academic Integrity Committee Hearing and/or Disciplinary Appeal Procedures in Part I, section C.5. All records related to the disciplinary process resulting in suspension and/or expulsion will remain on file indefinitely

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

    1. Disciplinary Reprimand
      The Disciplinary Reprimand is an official written notification using the notice procedures outlined in Part I, Section A.3 to the student that the action in question was misconduct.
    2. Disciplinary Probation
      Disciplinary Probation is a period of time during which a student’s conduct will be observed and reviewed. The student must demonstrate the ability to comply with University policies, rules, and/or standards and any other requirement stipulated for the probationary period. Further instances of misconduct under the Code of Student Conduct during this period may result in additional sanctions.
    3. Deferred Disciplinary Suspension
      Deferred Disciplinary Suspension is a period of time where a Disciplinary Suspension may be deferred for a period of observation and review, but in no case will the Deferred Disciplinary Suspension be less than the remainder of the semester. Further instances of misconduct under the Code of Student Conduct during this period may result in additional sanctions.
    4. Time-Limited Disciplinary Suspension
      Time-Limited Disciplinary Suspension is a specific period of time in which a student is not allowed to participate in class or University related activities. The status of disciplinary suspension will be shown on the student’s academic record, including the transcript. Time-limited disciplinary suspension is noted on the student’s transcript by the phrase “Disciplinary Suspension” and will include the period of time in which the student is/was suspended from the University. The notation of disciplinary suspension will remain on the transcript indefinitely. Notification of disciplinary suspension of a student will indicate the date on which it begins and the earliest date the application for student readmission will be considered. The Student Conduct Officer/Investigator may deny a student’s readmission, if the student’s misconduct during the suspension would have warranted additional disciplinary action. If the student has failed to satisfy any sanction that was imposed prior to application for readmission, the Student Conduct Officer/Investigator may deny readmission to a student. On denial of a student’s readmission, the Executive Director of Student Affairs, Director of Title IX Compliance, or designee will set a date when another application for readmission may again be made. An administrative hold will be placed on the student record to prevent registration during the Disciplinary Suspension.
    5. Disciplinary Expulsion
      Disciplinary Expulsion occurs when the student is permanently withdrawn and separated from the University. The status of Disciplinary Expulsion will be shown permanently on the student’s academic record, including the transcript. Disciplinary Expulsion is noted on the student’s transcript by the phrase “Disciplinary Expulsion” and the date in which the student’s expulsion was effective. An administrative hold will be placed on the student record by the Executive Director of Student Affairs, the Director of Title IX Compliance, or designee to prevent future registration.
    6. Conditions
      A condition is an educational or personal element that is assigned by Student Conduct Officer/Investigator, Administrative Hearing Officer, or Hearing Panel. Costs associated with conditions may be the responsibility of the student and will be billed to the student’s account. Some examples of conditions include, but are not limited to:
      • Personal and/or academic counseling intake session.
      • Discretionary educational conditions and/or programs of educational service to the University and/or community.
      • Residence hall relocation and/or contract review/cancellation of residence hall contract and/or use of dining facilities.
      • Restitution or compensation for loss, damage or injury, which may take the form of appropriate service and/or monetary or material replacement.
      • Monetary assessment owed to the University.
      • Completion of an alcohol or drug education program.
      • Referral to the Alcohol & Drug Abuse Council for the Concho Valley (ADACCV) for assessment.
    7. Restrictions
      A restriction is an additional component of a disciplinary sanction. A restriction is usually an educational component that is to occur in conjunction with the sanctions and will usually be time specific. Some examples of restrictions include, but are not limited to:
      • Revocation of parking privileges.
      • Denial of eligibility for holding office in registered student organizations.
      • Denial of participation in extracurricular activities.
      • Prohibited access to University facilities and/or prohibited direct or indirect contact with members of the University community.
      • Loss of privileges on a temporary or permanent basis.
    8. Academic Penalties
      In cases involving violations of Part I, section B.1 (Academic Misconduct) an academic penalty may be imposed by the referring party. Academic penalties include, but are not limited to:
      • Assignment of a grade for the relevant assignment, exam, or course.
      • Relevant make-up assignments.
      • No credit for the original assignment.
      • Reduction in grade for the assignment and/or course.
      • Failing grade on the assignment.
      • Failing grade for the course.
      • Dismissal from a departmental program.
      • Denial of access to internships or research programs.
      • Loss of appointment to academically-based positions.
      • Loss of departmental/graduate program endorsements for internal and external fellowship support and employment opportunities.
      • Removal of fellowship or assistantship support.
    9. Parental Notification
      Violations of Part I, sections B.3 (Alcoholic Beverages) or B.4 (Narcotics or Drugs) may result in notification to the parents/guardians of dependent students under the age of 21.

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  • 5. Disciplinary Appeal Procedures

    A student may appeal the finding or the sanction(s) imposed in an Administrative Hearing or Panel Hearing by submitting a written petition to the designated appeal officer within five (5) University business days of the delivery of the written decision. An appeal may not be filed on behalf of the student by a third party.

    The Vice President for Student Affairs and Enrollment Management or designee will be the designated appeal officer in each conduct case. The Provost and Vice President for Academic Affairs or designee will be the designated appeal officer for cases involving Academic Misconduct. The designated appeal officer will be a trained University staff or faculty member who did not serve as the Student Conduct Officer/Investigator or the Administrative Hearing Officer in the original Conduct Process and will render a neutral, impartial, and unbiased decision.

    The petition must clearly set forth 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. The only proper grounds for appeal, and the only issues that may be considered on appeal are as follows:

    • A procedural [or substantive error] occurred that significantly impacted the outcome of the Hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
    • The 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 varies from the range of sanctions normally imposed for similar infractions.

    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 Vice President for Student Affairs and Enrollment Management will provide the request for appeal to the other party and provide opportunity for response.

    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.

    If the designated appeal officer determines that the sanction, appeal is valid, the appeal officer will then determine whether the error or new evidence would have substantially impacted the decision of the Administrative Hearing Officer or Hearing Panel/Academic Integrity Committee. 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.

    The Office of Vice President for Student Affairs and Enrollment Management/Academic Dean, or designee shall make all reasonable efforts to notify the student(s) of the status of the appeal throughout the appellate process and shall make all reasonable efforts to notify the student(s) 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 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.

    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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  • 6. Former Student Conduct & Readmission

    A former student who engages in conduct that is a violation of the Code of Student Conduct may be subject to conduct procedures prior to reenrollment, a bar against readmission, revocation of a degree, and withdrawal of a diploma.

    A student who has had an administrative hold placed on his or her records under this section must request readmission from the Vice President for Student Affairs and Enrollment Management or designee at least three (3) weeks prior to any Angelo State University Office of Admissions application deadlines for the semester or summer session in which the student wishes to re-enroll. The student may be required by the Vice President for Student Affairs and Enrollment Management or designee to submit evidence in writing supportive of his/her present ability to function properly and effectively in the University community. The University will evaluate the student’s request and supporting documentation with primary consideration given to satisfying all conditions specified at the time of suspension or withdrawal. If approval is granted by the Vice President for Student Affairs and Enrollment Management or designee for the removal of the administrative hold, the student must then complete the regular University readmission procedures.

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