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Part I: Code of Student Conduct

D. Conduct Procedures for Student Organizations

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  • Introduction

    This section provides information regarding the University’s prevention and education efforts related to sex discrimination, sexual harassment, sexual exploitation, public indecency, sexual misconduct, interpersonal violence, and stalking. 

  • 1. Sexual Harassment, Sexual Assault, Sexual Misconduct, and Title IX Policies at Angelo State University

    1. Sexual Harassment, Sexual Assault, Sexual Misconduct, and Title IX Policies at Angelo State University

      The University is committed to providing and strengthening an educational, working, and living environment where students, faculty, staff, and visitors are free from sex discrimination of any kind. In accordance with Title VII, Title IX, the Violence Against Women Act (VAWA), the Campus Sexual Violence Elimination Act (SaVE), and other federal and state law, the University prohibits discrimination based on sex, which includes pregnancy, and other types of Sexual Misconduct. Sexual Misconduct is a broad term encompassing all forms of gender-based harassment or discrimination and unwelcome behavior of a sexual nature. The term includes sexual harassment, non-consensual sexual contact, non-consensual sexual intercourse, sexual assault, sexual exploitation, stalking, public indecency, interpersonal violence, sexual violence, and any other misconduct based on sex. Any acts that fall within the scope of this policy hereinafter are referred to as Sexual Misconduct. Polices outlined in this section may be found in Angelo State’s Operating Policy 16.03 Sexual Harassment, Sexual Assault, Sexual Misconduct, and Title IX Policy and Complaint Procedure.

      While sexual orientation and gender identity are not explicitly protected categories under state or federal law, it is the University’s policy not to discriminate in employment, admission, or use of programs, activities, facilities, or services on this basis. Discriminatory behavior is prohibited regardless of the manner in which it is exhibited, whether verbally, in writing, by actions, or electronically displayed or conveyed.

      This policy applies to all University students. This policy will apply to on-campus and off-campus conduct of which the university is made aware and which adversely impacts the educational and employment environments of the University. The University will take all reasonable steps to prevent recurrence of any Sexual Misconduct and remedy discriminatory effects on the Complaining Party and others, if appropriate.

      The university expects all members of the University Community to comply with the law. Members of the University Community who violate these policies and laws may be subject to disciplinary action or sanctions, up to and including termination of employment, expulsion from the university, or being barred from university premises and events.

      For complaints relating to any discrimination, other than gender discrimination or discrimination based on sex, see Angelo State Operating Policy 16.02 Non-Discrimination and Anti-Harassment Policy and Complaint Procedure for Violations of Employment and Other Laws or Section B.2.e and/or f.

      The Director of Title IX Compliance/Title IX Coordinator, or designee will assume responsibility for the investigation of an allegation of misconduct to determine if the report indicates that there is reasonable belief a policy was violated.  If this determination is made, the Director of Title IX Compliance/Title IX Coordinator will provide the student with the option to move forward with voluntary resolution, informal resolution, or a formal investigation along with any requisite interim remedies.   Interim remedies and the aforementioned processes are outlined in this section, along with definitions, individuals responsible for each process, and potential outcomes.

      All investigations and procedures will be non-adversarial in nature and will be conducted in a prompt, equitable, and impartial manner. Investigations conducted under this policy are not criminal investigations. For all complaints under this policy, the burden of proof shall be a preponderance of the evidence, which means more likely than not.

      1. The Office of Title IX Compliance

        The University has an Office of Title IX Compliance which includes the Director of Title IX Compliance/Title IX Coordinator (Director of Title IX Compliance) who oversees the University’s compliance with Title IX with the help of the Title IX Officer.  The University has also designated Title IX Deputy Coordinators and a Title IX and Sexual Misconduct Response Team that works alongside the Director of Title IX Compliance.

        The Director of Title IX Compliance/Title IX Coordinator is the University official responsible for overseeing and implementing processes and procedures related to Title IX.  This person is also responsible for investigations into reports and complaints of sexual misconduct between students. The individuals responsible for implementing Title IX processes and procedures are listed below:

    CONTACT PHONE ADDRESS EMAIL

    ASU Director of Title IX Compliance/Title IX Coordinator

    Michelle Boone

    Director of Title IX Compliance/Title IX Coordinator

    325-942-2022

    Mayer Administration Building, 210

    Office of Title IX Compliance

    ASU Station #11044

    San Angelo, TX 76909

    michelle.boone@angelo.edu

    ASU Title IX Deputy Coordinator for Employees

    Kurtis Neal

    Director of Human Resources
    325-942-2168

    Hardeman Student Services Center, Suite 202

    ASU Station #11009

    San Angelo, TX 76909
    kurtis.neal@angelo.edu

    ASU Title IX Deputy Coordinator, Athletic Equity

    Madison Seaver

    Assistant Athletic Director of Compliance
    325-486-6072

    Junell Center/Stephens Arena, 242

    Angelo State University

    2235 S. Jackson Street

    San Angelo, TX 76904

    madison.seaver@angelo.edu

     

    Charlotte Bingham

    Managing Director

    Office of Equal Opportunity
    806-742-3627

    TTU System Administration Building, 1508 Knoxville Ave., Suite 208

    Office of Equal  Opportunity

    Texas Tech University System

    Box 1073

    Lubbock, TX 79409

    eeo@ttu.edu

    b. The Title IX and Sexual Misconduct Response Team

    The Title IX and Sexual Misconduct Response Team consists of approximately twenty ASU faculty and staff members. The team consists of faculty and staff who have been recommended to the Office of Title IX Compliance by their Vice President or the President to serve on the team.  The team serves as ASU’s Sexual Misconduct and Title IX Hearing Panel Members  or Sexual Misconduct and Title IX Investigators.

          • Sexual Misconduct and Title IX Investigators: Two members of the Title IX and Sexual Misconduct Response Team can be designated to conduct a thorough, reliable, and impartial investigation of the reported sexual misconduct or Title IX allegation.
          • Sexual Misconduct and Title IX Hearing Panel Members: Three members of the Title IX and Sexual Misconduct Response Team (who did not serve as Investigators on the case) may be designated to serve as Hearing Panel Members on Hearing Panels involving charges of sexual misconduct and/or Title IX violations. Hearing Panel Members are responsible for reviewing information provided by the Investigators, reviewing evidence, and rendering a decision in regard to the alleged misconduct as well as determining sanctions, if appropriate.

     

    Current members of the Title IX and Sexual Misconduct Response Team can be viewed at: https://www.angelo.edu/services/title-ix/contacts.php.

    Prior to a Hearing, students will have an opportunity to review the Hearing Panel make-up and request any members be dismissed that they feel may be biased or have a conflict of interest.  The Office of Title IX Compliance will do their best to comply with reasonable requests.

  • 2. Definitions

    For purposes of this policy, the definitions below apply. However, some of these terms are also defined under state law. If a person would like to file criminal charges for any alleged violations of criminal law, the definitions as set forth in state law may apply. Additionally, illustrative examples of some of these defined terms may be found at http://www.angelo.edu/titleix.

    1. Common Terms Related to Title IX and Sexual Misconduct
      1. Advisor: An advisor is a person who may provide support and advice throughout the Title IX process. An advisor does not take an active role in the process and may not speak on behalf of the student.  An advisor may be a member of the University Community (faculty, staff, or a student that is not otherwise involved in the case), a relative, parent or legal guardian, or an attorney. 
      2. Complaining Party/Complainant – A person who is the subject of an alleged violation of this policy.

      3. Consent – Mutually understandable words or actions, actively communicated both knowingly and voluntarily, that clearly conveys permission for a specific activity.

        Consent is not effective if it results from: (a) the use of physical force, (b) a threat of physical force, (c) intimidation, (d) coercion, (e) incapacitation, or (f) any other factor that would eliminate an individual’s ability to exercise his or her own free will to choose whether or not to engage in sexual activity. See Appendix  B for a more expansive definition of consent.

      4. Employee – Any person who receives a W-2 or 1042-S from the University, including full and part-time faculty, staff, and students.
      5. Incapacitation – A state of being that prevents an individual from having capacity to give consent. For example, incapacitation could result from the use of drugs or alcohol, a person being asleep or unconscious, or because of an intellectual or other disability.

      6. Reporting Party – A person or entity (in the case of the University) other than the Complaining Party who reports an alleged violation of this policy.

      7. Responding Party/Respondent – Generally, the Responding Party is the person or organization that is alleged to be responsible for the prohibited conduct alleged in a complaint.

      8. University Community – All faculty, staff, and students of and visitors to any University premises or University-affiliated activity.
    2. Title IX Related & Sexual Misconduct
      1. Interpersonal Violence – For the purposes of this policy, interpersonal violence is:
        1. Domestic or Family Violence – Abuse or violence committed by a current or former spouse or intimate partner of the Complaining Party, by a person with whom the Complaining Party shares a child in common, by a person with whom the Complaining Party is cohabiting (or has cohabited) with a spouse or intimate partner, by a person similarly situated to a spouse of the Complaining Party under the domestic or family violence laws of the State of Texas, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Texas.

        2. Dating Violence – Abuse or violence, or threat of abuse or violence, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complaining Party. The existence of such a relationship will be determined based on the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. A casual acquaintanceship or ordinary socializing between two individuals does not constitute a romantic or intimate relationship. This definition does not include acts covered under Domestic or Family Violence.    
      2. Public Indecency – Engaging in private or sexual acts in a publicly viewable location, such that it is offensive to accepted standards of decency including, but not limited to:
        1. Exposing one’s genitals or private areas;
        2. Public urination;
        3. Defecation; and/or;
        4. Public sex acts.
      3. Sex Discrimination – An act that deprives a member of the University Community of his or her rights of access to campuses and facilities and of participation in education, services, programs, operations, employment, benefits or opportunities with the University on the basis of the person’s sex.

      4. Sexual Misconduct – A broad term encompassing all forms of gender-based harassment or discrimination and unwelcome behavior of a sexual nature. The term includes sexual harassment, nonconsensual sexual contact, nonconsensual sexual intercourse, sexual assault, sexual exploitation, stalking, public indecency, interpersonal violence, sexual violence, and other misconduct based on sex.

      5. Sexual Assault – Sexual contact or intercourse with a person without the person’s consent, including sexual contact or intercourse against the person’s will or in a circumstance in which the person is incapable of consenting to the contact or intercourse. Sexual assault includes:
        1. Non-Consensual Sexual Contact – Intentional sexual touching, however slight, with any object or part of one’s body of another’s private areas without consent. Sexual Contact includes:
          • Intentional contact with the breasts, buttock, groin, or genitals;
          • Touching another with any of these body parts;
          • Making another touch you or themselves with or on any of these body parts; or
          • Any other intentional bodily contact in a sexual manner.
        2. Non-Consensual Sexual Intercourse – Sexual penetration or intercourse, however slight, with a penis, tongue, finger, or any object, and without consent. Penetration can be oral, anal, or vaginal.

          The following offenses are examples of sexual assault: rape, incest, fondling, and statutory rape.

          • Rape – The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the Complaining Party.
          • Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
          • Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the Complaining Party, including instances where the Complaining Party is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity
          • Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent.

      6. Sexual Exploitation – Taking non-consensual or abusive sexual advantage of another for the benefit of oneself or a third party. Prohibited behavior includes, but is not limited to:
        1. Purposeful recording, distribution, or dissemination of sexual or intimate images or recordings of another person without that person’s full knowledge or consent;
        2. Sexual voyeurism;
        3. Inducing another to expose one’s genitals or private areas;
        4. Prostituting another; or
        5. Knowingly exposing someone to or transmitting a sexually transmitted disease.
      7. Sexual Harassment – Means unwelcome sex-based verbal or physical conduct that:
        1. in the employment context, unreasonably interferes with a person’s work performance or creases an intimidating, hostile, or offensive work environment; or
        2. in the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student’s ability to participate in or benefit from education programs or activities.

          To constitute an intimidating, hostile, or offensive working environment, the complained of conduct must be severe, persistent, or pervasive.

          Examples of inappropriate behavior that may constitute Sexual Harassment or Sexual Misconduct include, but are not limited to:

          • Sexual teasing, jokes, remarks, or questions;
          • Sexual looks and gestures;
          • Sexual innuendoes or stories;
          • Communicating in a manner with sexual overtones;
          • Inappropriate comments about dress or physical appearance;
          • Inappropriate discussion of private sexual behavior;
          • Gifts, letters, calls, emails, online posts, or materials of a sexual nature;
          • Sexually explicit visual material (calendars, posters, cards, software, internet, or other multimedia materials);
          • Sexual favoritism;
          • Pressure for dates or sexual favors;
          • Unwelcome physical contact (touching, patting, stroking, rubbing);
          • Non-consensual video or audio-taping of sexual activity;
          • Exposing one’s genitals or inducing another to expose his/her genitals;
          • Stalking;
          • Domestic or dating violence;
          • Non-consensual sexual intercourse, sexual assault, or rape; or
          Other gender-based threats, discrimination, intimidation, hazing, bullying, stalking, or violence.
      8. Stalking – A course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s own safety or the safety of others or would cause that person to suffer substantial emotional distress. A “course of conduct” means two or more acts in which a person directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person or interferes with a person’s property. “Reasonable person” means a reasonable person under similar circumstances and similarly situated to the Complaining Party. “Substantial emotional distress” means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

  • 3. Reporting Allegations of Sexual Misconduct

    Students are strongly encouraged to promptly report to the Director of Title IX Compliance.  Reports may be made online 24 hours a day, 365 days a year at http://angelo.edu/incident-form. When submitting the report, please include as many details as possible. Note that while you may submit an anonymous report it will greatly limit the ability for the Office of Title IX Compliance to address your concern.

    Reports may be made in person to:

    CONTACT PHONE ADDRESS EMAIL

    ASU Director of Title IX Compliance/​Title IX Coordinator

    Michelle Boone

    Director of Title IX Compliance/​Title IX Coordinator
    325-942-2022

    Mayer Administration Building, 210

     

    Office of Title IX Compliance

    ASU Station #11044

    San Angelo, TX 76909

    michelle.boone@angelo.edu

     

     

    Angelo State respects the sensitivity of the information that may be included in this report and will make all reasonable efforts to protect the privacy of those involved, in accordance with state and federal law, while balancing the need to gather information to address the incident and take steps to stop, prevent, and remedy prohibited conduct.

    Students may also report incidents of sexual misconduct to law enforcement, including on-campus and local police. Complaining Parties may choose to notify law enforcement and will be provided the assistance of the Director of Title IX Compliance.  To contact the University Police Department call 325-942-2071.

    An individual who experiences any form of sexual harassment, sexual assault, dating violence, or stalking is encouraged to seek medical care for treatment and preservation of evidence, if applicable, as soon as practicable after the incident. Preserving DNA evidence can be key to identifying the perpetrator in a sexual violence case. Victims can undergo a Sexual Assault Forensic Exam (SAFE) performed by a Sexual Assault Nurse Examiner (SANE) to preserve physical evidence with or without police involvement. If possible, this should be done immediately. If an immediate medical exam is not possible, a SANE may still collect evidence up to 4 days following a sexual assault. With the examinee’s consent, the physical evidence collected during this medical exam can be used in a criminal investigation. To undergo a SAFE, go directly to the nearest emergency department that provides SAFE services. For more information about the SAFE, see https://www.texasattorneygeneral.gov/victims/sapcs.shtml#survivors.

    An individual who experiences any form of Sexual Misconduct should also preserve other evidence relevant to the complained of activity, such as items of clothing, photographs, phone records, text messages, computer records, and other documents.

      1. Confidentiality

        Angelo State University is committed to ensuring confidentiality during all stages of the sexual misconduct and Title IX process. The confidentiality of both the Complaining Party and the Responding Party will be honored by the University to the extent possible without compromising the University’s commitment and obligation to investigate allegations of Sexual Misconduct, to protect the University Community, and to the extent allowed by law. However, because the University also has an obligation to maintain an environment free of Sex Discrimination and Sexual Misconduct, all University employees have mandatory reporting and response obligations and may not be able to honor a Complaining Party’s request for confidentiality. The Director of Title IX Compliance or designee will evaluate requests for confidentiality.

        The willful and unnecessary disclosure of confidential information by anyone, including the Complaining Party or Responding Party, may affect the integrity of the investigation.

        In some exceptional circumstances, where the incident in question presents a continuing threat to the University Community, the University may be required to investigate irrespective of the Complaining Party’s desire to pursue allegations of student misconduct, and may be required to issue a “timely warning” to the campus community as required by the Clery Act. Timely warnings do not include personally identifiable information of involved parties.

        All reports of Sexual Misconduct will be maintained with the highest possible level of confidentiality. Information provided by the student will only be shared with essential staff members and only as is necessary for the effective investigation and adjudication of the case. Where reports of Sexual Misconduct involve other students, either as the Responding Student or witnesses in the case, some information may need to be shared with those involved parties in order to complete a thorough investigation. Witnesses may also review their portions of the Investigation Report and their presence at the hearing may be requested by the involved parties.

        Students may make confidential reports to the University Counseling Center. All Complaining Parties may also make confidential reports to local rape crisis centers, clergy, or to other licensed clinical and/or mental health professionals acting in their professional role of providing those services, including medical providers employed by the university.  Information may be shared by the clinical and/or medical provider only with the Complaining Party’s or Responding Party’s consent.

        While there is no deadline to file a report, to promote timely and effective review, the University strongly encourages individuals who believe they have experienced Sexual Misconduct to come forward promptly with their complaints and to seek assistance from the university.  Delays in reporting can greatly limit the University’s ability to stop the Sexual Misconduct, collect evidence, and/or take effective action against individuals or organizations accused of violating the policy. Please note: if a Responding Party has left campus, either by withdrawing or graduating, prior to a report being filed, the university’s ability to investigate and/or adjudicate may be limited. 

      2. Responsible Employees and Confidential Resources

        All employees, including student employees, who in the course and scope of employment, witness or receive information regarding the occurrence of an incident that the employee reasonably believes constitutes sexual harassment, sexual assault, dating violence, or stalking and is alleged to have been committed by or against a person who was a student enrolled at or an employee of the institution at the time of the incident shall promptly report the incident to the institution’s Director of Title IX Compliance/Title IX Coordinator or the Office of Human Resource.  Failure to report is a violation of state law which shall result in termination of employment and may result in criminal penalties.

        The report must include all information concerning the incident known to the Reporting Party, including whether an alleged victim has expressed a desire for confidentiality in reporting the incident. 

        Disclosures to licensed clinical and/or mental health professionals acting in their professional role in the provision of services are not subject to the foregoing mandatory reporting requirements and are considered Confidential Resources. These employees include physicians, psychologists, nurses, counselors, clergy, and those performing services under their supervision. These employees are encouraged to provide students or employees with information and guidance regarding University reporting options and available resources but will not report or otherwise refer instances of sexual harassment/misconduct to University administrators without the student or employee’s express permission. The following Confidential Resources are available to Angelo State Students:
        CONTACTPHONEWEBSITE
        University Counseling Center 325-942-2371

        https://www.angelo.edu/services/counseling/

         

        University Health Clinic 325-942-2171

        https://www.angelo.edu/services/health_clinic_counseling/

         

        University Crisis Helpline 325-486-6345

        https://www.angelo.edu/services/counseling/crisishelpline.php

         

        Open Arms- Concho Valley Rape Crisis Center 325-655-2000

        http://openarmscv.com

         

  • 4. Student 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 Investigator(s). The Students Rights and Responsibilities document informs the student of their rights to be exercised before and during the investigative process. Information gathered during the course of the investigation and student conduct process may be shared only 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 parent or legal guardian, a relative, or 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 sexual misconduct and Title IX process. If an advisor for the 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 meeting or Hearing g on behalf of the University. Students are responsible for presenting their own information; therefore, advisors are not permitted to speak or participate directly in any meeting or Hearing unless authorized by a (the) Investigator(s). The Investigator(s) will not accept investigative materials, statements, evidence, etc. directly from an advisor and will not communicate with the advisor on behalf of the student. The Director of Title IX Compliance or designee has the discretion to remove an advisor at any point during the conduct process. A witness, anyone who may have a conflict of interest, or anyone who may have any participatory role in the process may not be allowed to serve as an Advisor. Students who have been suspended may not serve as an Advisor during their suspension, and students who have been expelled may not serve as an advisor. Students should select an advisor whose schedule allows attendance at the scheduled date and time for the meeting or Hearing, as delays will not be allowed due to the scheduling conflicts of an advisor, except at the discretion of a (the) Investigator(s).

      3. Refrain from making any statement relevant to the investigation. If a student chooses not to provide information or provides only limited information during the investigation, they will not be allowed to provide new information during the Hearing.  The student will only be permitted to speak to the information that they 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 investigation process which could disadvantage the other party.  A student’s choice not to participate in the investigation process will not stop the investigation or hearing process.

        NOTE: See Pre-Hearing Process, below, for details on inclusion of new, previously unavailable information after conclusion of the investigate process

      4. The opportunity to provide information and evidence in support of their case.

      5. Know if they have been issued any allegations of misconduct.

      6. Know the range of sanctions that may be imposed for a violation of the Code of Conduct, 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 the investigation and any processes related to the Code of Conduct that follow.

      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.

  • 5. Amnesty

    The University will provide educational options in lieu of conduct proceedings in certain situations. Examples of the amnesty provision include, but are not limited to:

        • Victims of or witnesses to misconduct who were engaging in policy violations, such as underage drinking or drug use at the time of the incident.
          • In investigations into matters of Actions Against Members of the University Community and Others, all involved parties may be reviewed under this amnesty provision.
        • Students who offer assistance to others by calling medical personnel or law enforcement.
        • Students who bring their own use, addiction, or dependency to alcohol, drugs, or other addictions to the attention of the University prior to any conduct incidents or reports.

    The University will not take any disciplinary action against a student who, in good faith, reports being the victim of, or witness to, an incident of sexual harassment, sexual assault, dating violence, or stalking, for a violation of the Code of Student Conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the disciplinary process regarding the incident.

    The University reserves the right to investigate to determine whether a report related to Sexual Misconduct was made in good faith. After such investigation, the Director of Title IX Compliance, Title IX Officer or his/her designee will make a determination as to whether a student is entitled to amnesty. Once a determination is made regarding amnesty for a student, such determination is final and may not be revoked.

    Abuse of amnesty provisions can result in a violation of the Code of Student Conduct. Amnesty does not preclude students from being charged with allegations of misconduct related to Part II, section B.2. (Actions Against Members of the University Community and Others). The Code of Student Conduct amnesty provisions do not influence criminal proceedings or charges. Amnesty does not preclude students from being required to meet with University staff and to participate in conditions such as counseling, alcohol assessments, and other requirements.  The final determination regarding amnesty will be made by the Director of Title IX Compliance, or designee.

  • 6. Remedies and Resources

    The University will take immediate action to eliminate hostile environments, prevent recurrence, and address any effects on the Complaining Party, Responding Party,  and community prior to the initiation of any process implemented by the Office of Title IX Compliance.  The Office of Title IX Compliance will request that the student share information about report made in order to assess safety and better assist the student in implementing resources and remedies. These immediate steps will be taken to minimize the burden on the Complaining Party while respecting due process rights of the Responding Party. Remedies will be evaluated on a case- by-case basis. The Office of Title IX Compliance is available to help students understand the process and identify resources.

      1. Resources

        Angelo State University has a variety of resources to assist students who report a violation of this policy, who are participating in the investigation or resolution process, or who are experiencing concerns related to other student misconduct. Resources include, but are not limited to, assistance from the Office of Title IX Compliance 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 Director of Title IX Compliance or designee are also available to help students understand the Sexual Misconduct and Title IX process and identify resources regardless of the student’s desire to share details of the misconduct.

        Local resources may be found by visiting http://www.angelo.edu/title-ix.

      2. Interim Actions
        Under the Code of Student Conduct, the Director of Title IX Compliance or designee may impose restrictions and/or separate a student from the community pending the completion of the Sexual Misconduct and Title IX process on alleged violation(s) of the Code of Student Conduct when a student represents a threat of serious harm to others, that is deemed a continuous threat, 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 Sexual Misconduct and Title IX process on alleged violation(s) of the Code of Student Conduct. Students are informed of interim actions by the official notice procedures outline in Part I, Section A.3. in 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 Complaining Party, Responding Party, and/or other members of the University Community. Interim action is preliminary in nature; it is in effect only until the investigation and resolution of the report 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 Director of Title IX Compliance or designee via the student’s official Angelo State University email or during a face to face meeting. The notice serves as an official directive that the student(s) have no contact with the other listed party or 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 Director of Title IX Compliance or designee. This notice may also come with a Notice of Investigation or other information related to changes in class schedule or other interim actions or restrictions to facilitate the No Contact Order. Failure to comply with the No Contact Order may result in disciplinary action, including possible suspension or expulsion. Violations of no contact orders may also result in immediate temporary suspension pending the completion of the investigation and resolution of the report. The term of a No Contact Order is indefinite, unless otherwise stated in the Order.

        2. Immediate Temporary Suspension

          A student may be temporarily suspended pending completion of the investigation and resolution if, in the judgment of the Director of Title IX Compliance or designee or on recommendation of an 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 Director of Title IX Compliance or designee will initiate appropriate procedures to address the disruptive behavior within five (5) University business days from the date of Immediate Temporary Suspension.

          A student who receives an interim suspension may request a meeting with 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 formal investigation. During an Immediate Temporary Suspension, a student may be denied access to Housing and Residential Programs/or the University campus/facilities/events. As determined appropriate by the Director of Title IX Compliance or designee, this restriction may include classes and/or all the other University activities or privileges for which the student might otherwise be eligible. At the discretion of 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 Party.

          Any instances whereby the student should need to return to campus must be coordinated through the Director of Title IX Compliance or designee 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 that is deemed a continuous threat;
          • Sexual assault, other forms of sexual misconduct, stalking, and relationship violence that are creating a hostile environment for the Complaining Party and the remedy for the behavior 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.

            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.

        3. 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 Housing and Residential Programs, temporary changes in a student’s academic schedule, and temporary restrictions from the University campus/facilities/events.

        4. Non-Student Interim Actions

          Any guest to the University who is alleged to have violated University policies and/or is deemed to pose a threat to the physical and/or emotional well-being of a student or other members or the University community and/or the presence of an individual could significantly disrupt the normal operations of the University, the Director of Title IX Compliance or designee, in conjunction with the University Police Department, will issue a Criminal Trespass Warning to that individual(s).

      3. Withdraw

        The Complaining or Responding Party who are the subjects of an alleged incident of sexual harassment, sexual assault, dating violence, or stalking will be allowed to drop a course in which they are both enrolled without any academic penalty.

        If a student withdraws or graduates from the University pending a disciplinary charge alleging the student violated the institution’s code of conduct by committing sexual harassment, sexual assault, dating violence or stalking, the institution:

        1. May not end the disciplinary process or issue a transcript to the student until the institution makes a final determination of responsibility; and
        2. Shall expedite the institution’s disciplinary process as necessary to accommodate both the student’s and the alleged victim’s interest in a speedy resolution.
        3. On request by another institution, the University shall provide to the requesting institution information relating to a determination that a student enrolled violated the institution’s code of conduct by committing sexual harassment, sexual assault, dating violence, or stalking.

  • 7.Options in Addressing Reports of Sexual Misconduct/Title IX violations

    After receiving a report, the Office of Title IX Compliance will reach out to the individual deemed the Complaining Party by their official Angelo State email to request that the student schedule an appointment with the Office of Title IX Compliance to further discuss the report received and the options and resources available to the student.  When health and safety of the student is potentially at risk, the Office of Title IX Compliance may call the student on the phone number listed in their student record.  In the event that the student does not respond, the Office of Title IX Compliance will send a second email communication. 

    The Complaining Party is not required to respond or participate in any meetings with the Office of Title LIX Compliance. If the Complaining Party does not return contact or requests to not meet with the Title IX staff, the case is closed.

     If the Complaining Party requests only resources or remedies, the Office of Title IX Compliance will contact the appropriate campus parties to address the needs, and then the case is closed. If a Complaining Party wishes to make a statement or pursue an Investigation, the Director of Title IX Compliance will schedule an intake meeting and appoint members of the Sexual Misconduct and Title IX Response Team to begin an investigation. In Title IX cases, the Complaining Party must participate in the investigation and hearing processes in order for the University to move forward.

    NOTE: The Director of Title IX Compliance  or designee may proceed with the sexual misconduct and Title IX process (even if the complainant(s) chooses not to participate) on a case by case basis if the alleged behavior involves pattern, predation, threat, or violence (PPTV) that may significantly impact the campus community and others.

    If the Complaining Party requests the institution not to investigate the alleged incident, the institution may investigate the alleged incident in the same manner that an anonymous complaint may be investigated.  In determining whether to investigate the alleged incident, the institution shall consider:

    1. The seriousness of the alleged incident;
    2. whether the University has received other reports of sexual harassment, sexual assault, dating violence, or stalking committed by the alleged perpetrator or perpetrators;
    3. whether the alleged incident poses a risk of harm to others; and
    4. any other factors the institution determines relevant.

    If the University decides not to investigate an alleged incident of sexual harassment, sexual assault, dating violence, or stalking based on the alleged Complaining Party’s request not to investigate, the University shall take any steps the University determines necessary to protect the health and safety of the University’s community in retaliation to the alleged incident.

    The University shall inform a Complaining Party of an alleged incident of sexual harassment, sexual assault, dating violence, or stalking who requests the University not to investigate the alleged incident of the University’s decision whether to investigate the alleged incident.

    The options to address a reported violation of this policy include:

      1. Referral Meeting
        A University official may request a meeting with a student in order to discuss a referral made to the Office of Title IX Compliance when the referral may not include information that indicates there is reasonable belief a violation of the Code of Student Conduct occurred, but when the University official determines the referral warrants a discussion. The purpose of the discussion is to clarify concerns of the involved parties, to offer assistance to all involved parties, and to explain to the student that repeated referrals may warrant an Investigation which may warrant adjudication.  This meeting my also include a Policy Clarification, which is written notice provided to a student when it is determined that the information reported does not warrant an allegation but may warrant notice to the involved parties to clarify the policy in question.
      2. Voluntary Resolution
        The parties (usually the Complaining Party and Responding Party) may mutually agree to attempt to resolve the matter prior to conclusion of the investigation process takes place through a Voluntary Resolution process.  The procedures utilized in the Voluntary Resolution process must be agreed upon by the parties with concurrence from the Director of Title IX Compliance or designee. The parties must agree in writing to all aspects of any resolution reached through the voluntary resolution process including any restrictions, sanctions, or conditions as may be agreed upon by the parties with concurrence from the Director of Title IX Compliance or designee, and any such resolution will be binding and final with no opportunity to appeal. Either party may stop the voluntary resolution process at any time prior to the final resolution and proceed with the formal investigation process outlined below. Voluntary Resolution agreements will be maintained in accordance with University policies.  Should either party violate the terms of the resolution, the matter may be referred to the Office of Student Conduct.
      3. Informal Resolution:
        If after an initial inquiry or investigation, the Responding Party 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 Investigator conducting the initial inquiry/investigation will inform the student of the appropriate sanctions for the misconduct. To participate in the Informal Resolution process related to a violation of Sexual Misconduct and Title IX policies, both the Complaining Party and the Responding Party must accept both the finding and the sanctions as recommended by the Investigator. If accepted, the process ends, the finding is final, and there is no appeal. The case will only be reopened if new material, previously unavailable, is presented.
        Written notification of the outcomes and sanctions, if applicable, of the Informal Resolution will be provided to both the Complaining Party and the Responding Party and appropriate University Administrators within five (5) University business days of the effectuation of the Informal Resolution.
      4. Formal Investigation and Panel Hearing:
        A Complaining Party (or the University, if it is deemed that the University Community is at risk) may request that a formal complaint be filed and an investigation into the report begin.  Upon the Office of Title IX Compliance determining that there is reasonable belief a policy was violated; the Office of Title IX Compliance will assign Investigator(s) to the case. 
      5. Investigation
        The Director of Title IX Compliance or designee may appoint a member or two of the Sexual Misconduct and Title IX  Response Team as Investigator(s) who will conduct a thorough, reliable, and impartial investigation of the reported allegation.
        If a concurrent police investigation is occurring, the Investigator(s) will, where possible, collaborate with the University Police Department (or other law enforcement entity) during the investigation. Elements of this collaborative investigation may include the Investigator(s) coordinating with responding officers at the scene of the incident, joint interviews with police detectives, and evidence sharing. The Investigator(s) 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 and/or investigative materials.

    A student will be given notice of their involvement in regard to a referral received by the University or once the University is put on notice by receipt of a “Notice of Investigation/Notice of Involvement” Letter. For Responding Parties, the Notice of Investigation will include the identity of the Complaining Party, the date, time, and location of the alleged incident(s), and the specific section(s) of the Code of Student Conduct the Responding Party is alleged to have violated. When preliminary information indicates that certain, identifiable student(s) are associated with the reported incident, those student(s) will be asked to meet with an Investigator. 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 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 an 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.

    At any point in the Investigation if additional potential allegations are discovered, the Responding Party will be sent an additional Notice of Investigation/Notice of Involvement letter including the criteria listed above.

    During the investigative process, the Complaining Party and Responding Party are responsible for providing all information or evidence that they believe should be considered. Both parties may be asked for a written statement and/or face to face interviews.  Interviews will be recorded and transcribed. The University will make reasonable efforts to obtain information such as surveillance video footage, university card swipe access and other potentially relevant information that may be available to the Institution.

    At any point in the Investigation, either party may request to initiate the Voluntary Resolution process. This process is contingent upon the agreement of both the Complaining Party and Responding Party with concurrence from the Office of Title IX Compliance.

    Once the investigation process is complete, the Investigator(s) will compile the relevant information and evidence into an Investigation Report, which may include the allegations of the Code of Student Conduct, a timeline of the event(s), statements from interviews, transcription of the interview recordings, physical and electronic evidence, a breakdown of the discrepancies in the various interviews, and credibility considerations. The Investigator(s) will document any physical or electronic evidence in a manner that is conducive and unobstructed 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.

    Charges of potential violations of the Code of Student Conduct, if appropriate, are assigned at the conclusion of the investigative process at which point the Investigator(s) 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 charges.

    1. Investigation Review
      In cases where following an investigation, the Investigator(s) question whether there is reasonable belief a policy was violated or there is sufficient evidence to move forward with a Hearing Panel, the Investigator(s) may request the Investigation Report be reviewed to determine if it the case should be forwarded to a Hearing Panel.
    2. Pre-Hearing Process
      In cases involving a Hearing, the Pre-Hearing Process will be followed. Once the investigation process is complete, the Complaining Party and Responding Party 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 Sexual Misconduct and Title IX process may continue without their participation, including the assignment of charges and the completion of a Hearing. During this meeting, students will be given the opportunity to review the Investigation Report, relevant evidence, and/or other documents/materials to be used in the Hearing. Other documents/materials reviewed may include an outline of the Responding Party’s charges, Panel 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 Panel 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 Investigator(s), 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 Hearing, the student should inform the Investigator(s) immediately. If the new information is pertinent to the consideration of the case, the Investigator(s) will determine whether the new information should be included in the Investigation Report or presented verbally during the 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 Panel Hearing.

      The Sexual Misconduct and Title IX process is designed to be non-adversarial. Students will be permitted to question the statements and evidence presented by the other involved parties throughout the process and at the Hearing but may not do so directly. After reviewing the Investigation Report, during the Pre-Hearing, Complaining Parties and Responding Parties will have the opportunity to question the statements and evidence presented by the other involved parties, via the Investigator(s), who will pose the questions and supplement the Investigation Report.

      NOTE: Questions that are deemed objectionable, inappropriate, and/or irrelevant by the Resource Person will not be permitted.

      If the student accepts responsibility for the charges issued in the Investigation Report, the student may request a Sanction Only Hearing. However, the Investigator(s) has the sole discretion in all cases to designate whether a Hearing Panel or Sanction Only Hearing will be held notwithstanding the student’s preference.

      In cases requiring a Hearing Panel, the Investigator(s) will share the list of Panel members which consists of three members of the Title IX and Sexual Misconduct Response Team. 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 Investigator(s) with a reasonable and substantiated rationale for the request. Once the composition of the Hearing Panel is set, the Director of Title IX Compliance or designee will schedule the Panel Hearing.

      At the discretion of the Director of Title IX Compliance or designee, a review of the investigation may occur at any point during the investigation process for clarification of procedural processes and may remand for further investigation or adjudication if deemed necessary.
    3. Hearing
      Upon completion of the investigation, after the charges(s) have been assigned, and proper notice has been given to both the Complaining Party and Responding Party, the University may proceed to conduct a Hearing Panel and issue a finding and accompanying sanctions, if applicable. The Hearing Panel may be held and a decision made, regardless of whether the Responding Student fails to respond to communication, attends the Hearing, or fails to attend the Hearing.  Should the Responding Student fail to attend the Hearing, the Hearing Panel may consider the information contained in the Investigation Report, relevant evidence, and/or other documents/materials, and render a decision. The Complaining Party must participate in both the Investigation and Hearing Process for the matter to move forward to adjudication.

      Hearings are closed to the public. Both the Complaining Party and the Responding Party have the right to be present at the Hearing Panel; however, they do not have the right to be present during deliberations. Arrangements can be made so that Complaining and Responding Parties do not have to physically be in the Hearing room at the same time, arrangements can be made for the parties to participate electronically, from another room, etc. To request changes in the scheduled Hearing time or other accommodations students should contact the Office of Title IX Compliance prior to the scheduled Hearing.

      For a Hearing Panel a panel of three (3) members of the Sexual Misconduct and Title IX Response Team will be chosen from the available pool by the Director of Title IX Compliance or designee. One additional member of the team will be chosen as an alternate and be prepared to serve if needed.

      Members of the Sexual Misconduct and Title IX Response Team who served as Investigator(s) 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.
      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 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 Clarifications 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 the parties.

        The Investigator(s) presents the Investigation Report, evidence, witnesses, allegation(s), and questions for deliberation. Both the Complaining 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 Investigator, Complaining Party, Responding Party, and any witnesses. The Complaining Party and Responding Party may not question each other or witnesses directly, but may pose questions through the Investigator or Resource Person. 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 removes a student due to misconduct (Complaining Party, Responding Party, or witnesses), the alleged misconduct will be forwarded to the Office of Student Conduct.

        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 Investigator, The Office of Title IX Compliance, the Complaining 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) simultaneously 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 E.9.

    4. Sanction Only Hearing
      If the student accepts responsibility for the charges issued in the Investigation Report, the student may request a Sanction Only Hearing, by the Hearing Panel. During a Sanction Only Hearing, the Investigation Report and finding are presented to the Hearing Panel by the Investigator(s). During presentation of the Investigation Report and finding, the Complaining and Responding Party are not allowed to dispute the facts or details of the case. Both the Complaining and Responding Party may be present and both the Complaining and Responding Party may provide impact statements prior to sanctioning. Mitigating factors may also be presented by the Complaining Party and may be considered by the Hearing Panel. Written notification of the outcome of the Sanction Only Hearing will be provided simultaneously to the students within five (5) University working days of the conclusion of the Sanction Only Hearing. Decisions made through the Sanction Only Hearing may be appealed by the students by utilizing the Disciplinary Appeal Procedures outlined in Part I, Section E.9. In Sanction Only Hearings, students may appeal the sanction(s), and can only appeal on the following grounds, “the sanction imposed substantially varies from the range of sanctions normally imposed for similar infractions.” A student may only choose a Hearing Panel for Sanction Only Hearings for potentially separable offenses.

  • 8.Sanctions

    When a student is found responsible of a violation of the Code of Student Conduct sanctions may be imposed. 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 Investigator or Hearing Panel. The Investigator or Hearing Panel may deviate from the grid for sufficient reason.

    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. When sanctions are final, appropriate University Administrators may be notified of the student’s sanctions. Upon the judgment of the 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. Findings and sanctions agreed upon through the Voluntary Resolution Process are final and cannot be appealed.

    All records related to the disciplinary process will remain on file for a minimum of seven (7) years from the date the case is completed through a Voluntary Resolution, a Hearing Panel, Sanction Only Hearing, and/or Disciplinary Appeal Procedures in Part I, Section E.9. 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. (Notice) to the student that the action in question was misconduct.
    2. Disciplinary Probation
      Disciplinary Probation is a period of time 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 conditions, restrictions, and/or 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, University related activities, or be present on campus property. 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. In most cases, the notation of disciplinary suspension will remain on the transcript permanently. A student has the ability to petition to remove a Disciplinary Suspension notation in the following instances: 1) the student is eligible to reenroll in the institution or 2) the Director of Title IX Compliance, or designee determines that a good cause exists to remove the notation. A Disciplinary Suspension of a student will indicate the date on which the suspension period begins and the earliest date the application for student readmission will be considered. The Director of Title IX Compliance or designee may deny a student’s readmission, if the student’s misconduct during the suspension would have warranted additional disciplinary action or if the student has failed to satisfy any sanction that was imposed prior to application for readmission. On denial of a student’s readmission, the 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’s 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. In most instances, the notation of Disciplinary Expulsion will remain on the transcript permanently. A student may petition in writing to remove a Disciplinary Expulsion notation in the following instances: 1) the student is eligible to reenroll in the institution or 2) the Director of Title IX Compliance or designee determines that good causes exists to remove the notation. An administrative hold will be placed on the student record by 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 the Investigator(s) 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 assessment/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, http://www.adaccv.org/.
    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.

  • 9.Disciplinary Appeal Procedures

    A student may appeal the finding or the sanction(s) imposed in a 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 designated appeal officer is a trained University staff or faculty member who did not serve as the Investigator or an Administrative Hearing Officer in the original Title IX Hearing 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 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; or
    • The sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions.

    Either the Complaining Party or Responding Party may appeal the decision of the Hearing Panel. In such cases, the designated appeal officer 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 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 Hearing Panel. If the designated appeal officer determines that the error or new evidence would have substantially impacted the decision, he or she 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 designated appeal officer 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. (Notice) 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.

  • 10. Retaliation

    Retaliation against a person who reports a potential violation under this policy, assists someone with a report of a violation, or participates in any manner in an investigation or in the resolution of a complaint made under this policy is strictly prohibited and will not be tolerated. Retaliation includes, but is not limited to threats, intimidation, reprisals, and/or adverse actions related to an individual’s employment or education. The university will take appropriate steps to assure that a person who, in good faith, reports, complains about, or participates in an investigation pursuant to this policy will not be subjected to retaliation. Individuals who believe they are experiencing retaliation are strongly encouraged to report the incident to Office of Title IX Compliance.

    Individuals who are found to have retaliated under this policy will be subject to disciplinary action, up to and including termination of employment, expulsion from the university, or being barred from university premises and events.

  • 11. Interference with an Investigation

    Any person who knowingly and intentionally interferes with an investigation conducted under this policy is subject to disciplinary action up to and including dismissal or separation from the university. Interference with an investigation may include, but is not limited to:

    • Attempting to coerce, compel, influence, or prevent an individual from providing testimony or relevant information;
    • Divulging confidential information;
    • Removing, destroying, or altering documentation relevant to the investigation; or
    • Providing false or misleading information to the investigator, or encouraging others to do

  • 12.Training Requirements for Students

    Angelo State’s commitment to preventing and raising awareness of the harm resulting from conduct prohibited in this policy include providing primary prevention and awareness programs.

    All incoming students at Angelo State University are required to take online trainings related to Sexual Assault Prevention. 

    Undergraduate students must take two, two-part trainings called AlcoholEDU and Sexual Assault Prevention for Undergraduates. 

    • AlcoholEDU provides detailed information about alcohol and the effects it has on the mind and body. While many students choose not to drink while in college, the training assists students in developing skills to handle situations involving their peers and their use of alcohol.
    • Sexual Assault Prevention for Undergraduates is intended to educate students about healthy relationships, affirmative consent, good communication, and empowers students to be active bystanders.

    Graduate students are required to take one, two-part training called Sexual Assault Prevention for Graduate Students.  This training is intended to educate students about healthy relationships, affirmative consent, good communication, and empowers students to be active bystanders.

    In addition to these trainings above, student athletes are required to take an additional two-part training online about sexual assault prevention.

    Students will receive emails with information about how to access these trainings and relative due dates. Trainings may be accessed through the student’s Ramport.  Additional information can be found at: https://www.angelo.edu/services/title-ix/alcoholedu-and-haven.php.

    Failure to complete these trainings by the due date may result in a hold being placed on the student’s account.

  • 13.FAQs and Additional Information

    Additional information, including information about resources may be found on the Office of Title IX Compliance’s website which can be located at: https://www.angelo.edu/services/title-ix/.

    An FAQ containing frequently asked questions may be accessed online by visiting https://www.angelo.edu/services/title-ix/frequently-asked-questions.php.

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