Search this section:
As you type, results will be filtered and your search term will be highlighted below.
Upon notice of an alleged violation of the Code of Student Conduct, the Executive Director of Student Affairs 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 Complaining Party’s statement. If it is determined that the information reported does not warrant an allegation, a Policy Clarification may be issued to the involved parties to clarify the policy that was in question.
When an initial report of misconduct by a third party does not identify the Complaining Party or the Complaining Party is not available, the Student Conduct Officer/Investigator will investigate the reported incident to the fullest extent of the information available.
When a Complaining 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 Complaining Party while weighing the interests of the campus community and the possibility of a continuing threat. If the Complaining 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 Responding Party, the University will proceed with the student conduct process to the extent of the information available. If the Complaining 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.
NOTE: The Executive Director of Student Affairs or designee may proceed with the conduct process (even if the Complaining Party(ies) choose 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.
1. Academic Misconduct
Academic misconduct includes cheating, plagiarism, collusion, falsifying academic records, misrepresenting facts, violations of published professional ethics/standards, and any act or attempted act designed to give unfair academic advantage to oneself or another student.
Additional information about academic misconduct is available in the Angelo State University Part II: Community Policies section.
- Copying from another student’s academic work, test, quiz, or other assignment.
- Receiving assistance from and/or seeking aid from another student or individual to complete academic work, test, quiz, or other assignment without authority.
- The use or possession of materials or devices during academic work, test, quiz or other assignment which are not authorized by the person administering the academic work, test, quiz, or other assignment.
- Possessing, using, buying, stealing, transporting, selling or soliciting in whole or in part items including, but not limited to, the contents of an un-administered test, test key, homework solution, or computer program/ software.
- Possession, at any time, of current or previous course materials without the instructor’s permission.
- Obtaining by any means, or coercing another person to obtain items including, but not limited to, an un-administered test, test key, homework solution or computer program/software, or information about an un-administered test, test key, homework solution or computer program.
- Transmitting or receiving information about the contents of academic work, test, quiz, or other assignment with another individual who has completed or will complete the academic work, test, quiz, or other assignment without authority.
- Substituting for another person, or permitting another person to substitute for oneself in order to take a course, take a test, quiz or other assignment or sign in/register attendance.
- Taking, keeping, misplacing, damaging or altering the property of the University or of another, if the student knows or reasonably should know that an unfair academic advantage would be gained by such conduct.
- Falsifying research data, laboratory reports, and/or other academic work offered for credit.
- Failing to comply with instructions given by the person administering the academic work, test, quiz or other assignment.
- The representation of words, ideas, illustrations, structure, computer code, other expression or media of another as one’s own and/or failing to properly cite direct, paraphrased or summarized materials.
- Self-plagiarism which involves the submission of the same academic work more than once without the prior permission of the instructor and/or failure to correctly cite previous work written by the same student.
The unauthorized collaboration with another individual to complete academic work, test, quiz, or other assignment, providing unauthorized assistance to another student, allowing another student access to completed academic work, and/or conspiring with another person to commit a violation of academic dishonesty.
- Falsifying academic records
- Altering or assisting in the altering of any official record of the University and/or submitting false information.
- Omitting requested information that is required for, or related to, any official record of the University.
- Misrepresenting facts
- Providing false grades, falsifying information on a resume, or falsifying other academic information.
- Providing false or misleading information in an effort to injure another student academically or financially.
- Providing false or misleading information or official documentation in an effort to receive a postponement or an extension on academic work, test, quiz, other assignment, credit for attendance and/or obtain an academic or financial benefit for oneself or another individual.
NOTE: Examples include, but are not limited to, fabricated, altered, misleading, or falsified documentation for medical excuses, family and personal emergencies, and signing into class and failing to remain the entire time.
- Violation of Professional Standards
Any act or attempted act that violates specific Professional Standards or a published Code of Ethics.
NOTE: Students are held accountable under this policy based on their college or school of enrollment, declared major, degree program, and/or pre-professional program.
- Unfair Academic Advantage
Any other action or attempted action that may result in creating an unfair academic advantage for oneself or may result in creating an unfair academic advantage or disadvantage for another student that is not enumerated in items a-f.
2. Actions Against Members of the University Community and Others
Any act, or attempted act, perpetrated against another person or persons including, but not limited to:
Disruptive and/or Obstructive Conduct
Intentional or reckless behavior that disrupts or obstructs the University operations including the cessation or temporary cessation of teaching, research, administration, other University activities, and/or other authorized non-University activities which occur on campus.
Harmful, Threatening, or Endangering Conduct
Intentional or reckless behavior that harms, threatens, or endangers the health or safety of others, including but not limited to:
- Intentionally, recklessly, or knowingly causing physical harm to another individual.
- Intentionally, recklessly, or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Written or verbal conduct that causes a reasonable expectation of injury to the health or safety of any person or damage to any property.
An implied threat or act that causes a reasonable fear of harm in another.
- Bullying/Cyber Bullying
Repeated or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally. Activities protected by freedom of speech will not be considered violations of the Code of Student Conduct.
- Mutual Combat
Any incident between two or more individuals in which violence or the threat of violence is mutual.
NOTE: Information related to the freedom of expression policy is available in Part II, Section P: (Use of University Space).
Intentional, knowing, or reckless act, occurring on or off the campus of the University, by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose membership consists primarily of students. Consent and/or acquiescence by a student or students subjected to hazing is not a reasonable defense in a disciplinary proceeding. Hazing includes, but is not limited to:
- Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
- Any type of physical activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health of safety of a student, such as humiliation, sleep deprivation, exposure to the elements, confinement in a small space, personal servitude, calisthenics, or other similar activity.
- Any activity that involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance, other than as described by item 4 below, which subjects a student to an unreasonable risk of harm or which adversely affects the mental or physical health or safety of a student.
- Any activity that induces, causes, or requires the student to perform a duty or task that involves coercing a student to consume a drug, an alcoholic beverage, or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated.
- Any activity in which a person solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing; intentionally, knowingly, or recklessly permits hazing to occur; has firsthand knowledge of the planning of a specific hazing incident which has occurred or may occur; witnesses or participates in a specific hazing incident, and knowingly fails to report the incident in writing to the Office of Student Affairs.
- Any activity in which hazing is either condoned or encouraged or any action by an officer or combination of members, pledges, associates, or alumni of the organization of committing or assisting in the commission of hazing.
Any activity that involves coercing a student to consume an alcoholic beverage, liquor, or drug, or creates an environment in which the student reasonably feels coerced to consume any of those substances.NOTE: See Texas Education Code, Sections 37.151-37.155 and Section 51.936.
Conduct based on a student’s sex, race, national origin, religion, age, disability, sexual orientation, or other protected categories, classes, or characteristics that is sufficiently severe, persistent, or pervasive that it adversely affects the victim’s education or creates an intimidating, hostile, abusive, or offensive educational environment which interferes with the student’s ability to realize the intended benefits of the University’s resources and opportunities
Retaliatory Discrimination or Harassment
Retaliation against a person who reports a potential violation of the Code of Student Conduct, assists someone with a report of a violation, or participates in any manner in an investigation or in the resolution of a complaint 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 University policy will not be subjected to retaliation.
Individuals who believe they are experiencing retaliation are strongly encouraged to lodge a complaint with the University using the procedure outlined in Part 1, Section A.6.
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.
Complicity or Knowingly Present
- Assisting, via acts or omission, another student, individual, or group in committing or attempting to commit a violation of the Code of Student Conduct.
- Complicity with or failure of any organized group to address known or obvious violations of the Code of Student Conduct by its members.
- Any person who is knowingly present for the commission of a violation of the Code of Student Conduct and does not take steps to remove themselves from the location of the violation.
NOTE: Actions involving free expression activities are covered in Part II: Community Policies, Section H: (Freedom of Expression).
- Disruptive and/or Obstructive Conduct
3. Alcoholic Beverages
- Use, possession, sale, delivery, manufacture, or distribution of alcoholic beverages that would constitute a violation of any federal, state, local law, and/or Angelo State University policy.
- Being under the influence of alcohol and/or intoxication as defined by federal, state, local law and/or Angelo State University policy.
4. Narcotics or Drugs
- Use, possession, sale, delivery, manufacture or distribution of any narcotic, drug, and/or prescription medication contrary to a valid prescription, chemical compound or other controlled substance or drug paraphernalia that would constitute a violation of any federal, state, local law, and/or Angelo State University policy.
- Possession of drug-related paraphernalia that would constitute a violation of any federal, state, local law and/or Angelo State University policy.
- Being under the influence of narcotics, drugs, prescription medication contrary to a valid prescription, chemical compound, or other controlled substance, that would constitute a violation of any federal, state, local law and/or Angelo State University policy.
Smoking, vaping, or use of smokeless tobacco products in unauthorized areas on University property as designated by the Angelo State University Smoke/Tobacco-Free Environment policy (OP 34.23 Smoke/Tobacco-Free Environment)..
6. Firearms, Weapons, and Explosives
Use or possession of any items used as weapons, including, but not limited to, handguns, firearms, ammunition, fireworks, pellet guns, paintball guns, BB guns, knives, Tasers, or explosive or noxious materials on University premises that would constitute a violation of any federal, state, local law and/or Angelo State University policy (University Operating Policy 02.10 Concealed Carry of Handguns on Campus).
See the RESIDENCE HALL HANDBOOK (Housing and Residential Programs webpage/Living on Campus/Current Students/Documents/Rates) for specific approved devices allowed in the residence halls.
7. Flammable Materials/Arson
- Use of items or materials to ignite, spread, or intensify flames for fire, or the attempt to ignite, spread, or intensify flames for fire, except as expressly permitted by University officials.
- Attempting to ignite and/or the action of igniting University and/or personal property on fire either by intent or through reckless behavior that results, or could result, in personal injury or property damage of University premises.
8. Theft, Damage, Littering or Unauthorized Use
- Attempted or actual theft of property or services of the University or of another.
- Possession of property known to be stolen or belonging to another person without the owner’s permission.
- Attempted or actual damage to property owned or leased by the University, by other University students, other members of the University community, or campus visitors.
- Littering (as defined by the State of Texas Health and Safety Code, Section 365.011.6) on grounds owned or leased by the University, by other University students, other members of the University community, or campus visitors.
- Attempted or actual unauthorized use of a credit card, debit card, student identification card, cell phone, personal identification number, test number, OneCard account information and/or personal check, or other unauthorized use of personal property or information of another.
- Alteration, forgery or misrepresentation of any form of identification.
- Possession or use of any form of false identification.
- Failure to meet financial obligations owed to the University, or components owned or operated by the University, including, but not limited to, the writing of checks from accounts with insufficient funds.
- Selling items including but not limited to: stolen items, student identification cards, and/or any item which may be used as a form of false identification.
9. Gambling, Wagering, Gaming, and/or Bookmaking
Gambling, wagering, gaming and bookmaking as defined by federal, state and/or local laws, and/or Angelo State University policy are prohibited on University premises involving the use of University equipment or services.
10. False Alarms, Emergency Equipment, and/or Terroristic Threats
- Intentional sounding of a false fire alarm, falsely reporting an emergency or terroristic threat in any form, and/or filing false police reports.
- Destruction or activation of fire sprinklers or improperly possessing, tampering with, or destroying fire equipment or emergency signs on University premises.
- Threats to commit any offense involving violence to any person or property with intent to:
- Cause a reaction of any type to the threat by an official or volunteer agency organized to deal with emergencies;
- Place any person in fear of imminent serious bodily injury;
- Prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the University Community has access, place of employment or occupation, University automobile, or other place of use to the University Community;
- Cause impairment or interruption of University communications, University transportation, or other University service; or
- Place the University in fear of serious bodily injury.
11. Unauthorized Entry, Possession, or Use
- Unauthorized entry into or use of University premises or equipment including another student’s room.
- Unauthorized possession, use, duplication, production or manufacture of any key or unlocking device, University identification card or access code for use on University premises or equipment.
- Unauthorized use of the University name, logo, registered marks or symbols; however, registered student organizations are permitted to use the complete statement “a registered student organization at Angelo State University.”
- Unauthorized use of the University name to advertise or promote events or activities in a manner that suggests sponsorship and/or recognition by the University.
12. Failure to Comply
- Failure to comply with reasonable directives and/or requests of a University official acting in the performance of his or her duties.
- Failure to present student identification on request or identify oneself to any University official acting in the performance of his or her duties.
- Failure to comply with the sanctions imposed by the University under the Code of Student Conduct or the Student Handbook.
13. Abuse, Misuse, or Theft of University Information Systems
Unauthorized use of University information systems is prohibited and may be subject to criminal prosecution in addition to disciplinary sanctions pursuant to the Code of Student Conduct. Use of Angelo State University information systems may be subject to security testing and monitoring, and users have no expectation of privacy except as otherwise provided by applicable privacy laws. Use of information systems is also subject to the Information Technology policies (OP Section 44), University Operating Policies, and other applicable laws. Abuse, misuse, or theft of University information systems includes, but is not limited to, the following:
- Unauthorized use of University information systems including, but not limited to, private information and passwords, including the unauthorized sharing of private information or passwords of individuals who otherwise have no authority to access University information systems.
- Use of University information systems for unauthorized or nonacademic purposes including, but not limited to, illegal access, attempted or actual unauthorized accessing, copying, transporting or installing programs, records, data, or software belonging to the University, another user, or another entity, and/or illegal activity (e.g., sharing copyrighted materials or media).
- Using University information resources to violate Part I, section B.2 (Actions against Members of the University Community and Others).
- Attempted or actual breach of the security of another user’s account and/or computing system, depriving another user of access to Angelo State University information systems, compromising the privacy of another user or disrupting the intended use of Angelo State University information systems.
- Attempted or actual use of the Angelo State University information systems for unauthorized political or commercial purposes, or for personal gain.
- Access, creation, storage, or transmission of material deemed obscene (as defined by Chapter 43 of the State of Texas Penal Code on Public Indecency or other applicable laws). Exceptions may be made for academic research where this aspect of the research has the written consent of the Department Chair. Discovery of obscene material, including child pornography, on any Angelo State University information resource must be reported to the Chief Information Officer immediately.
- Attempted or actual destruction, disruption or modification of programs, records or data belonging to or licensed by the University or another user or destruction of the integrity of computer-based information using Angelo State University information systems.
- Attempted or actual use of Angelo State University information systems to interfere with the normal operation of the University.
- Intentional “spamming” of students, faculty or staff (defined as the sending of unsolicited and unwanted electronic communications including, but not limited to, emails and text messages to parties with whom the sender has no existing business, professional or personal acquaintance) using Angelo State University information systems.
14. Providing False Information or Misuse of Records
Knowingly furnishing false information to the University, to a University official in the performance of his or her duties, or to an affiliate of the University, either verbally or through forgery, alteration, or misuse of any document, record, or instrument of identification.
15. Skateboards, Rollerblades, Scooters, Bicycles, or Similar Modes of Transportation
Use of skateboards, rollerblades, scooters, bicycles or other similar modes of transportation in University buildings or on University premises in such a manner as to constitute a safety hazard or cause damage to University or personal property.
NOTE: Refer to University Parking Services regulations at: http://www.angelo.edu/services/parking_services/
16. Violation of Published University Policies, Rules or Regulations
Violation of any published University policies, rules or regulations that govern student or student organization behavior, including, but not limited to, violations of University Operating Policies and Procedures and Texas Tech University System Board of Regents’ Rules.
- University Parking Services
- Housing and Residential Programs
- Student Life
- Multicultural and Student Activities Programs
- University Recreation
- Texas Tech University System Board of Regents’ Rules
- Angelo State University Operating Policies and Procedures
- Community Policies of the Student Handbook (Part II)
- ASU Athletics
17. Violation of Federal, State, Local Law and/or University Policy
Misconduct which may constitute a violation of federal state, local laws, and/or Angelo State University policy will be considered a violation of this policy and will be investigated and adjudicated through the University conduct system and standard of proof. A lack of conviction in any criminal proceeding will not, in and of itself, serve as evidence in a University conduct proceeding.
18. Abuse of the Discipline System
- Failure of a student to respond to a notification to appear before a Student Conduct Officer/Investigator during any stage of the conduct process.
- Falsification, distortion, or misrepresentation of information in disciplinary proceedings.
- Disruption or interference with the orderly conduct of a disciplinary proceeding.
- Filing an allegation known to be without merit or cause.
- Discouraging or attempting to discourage an individual’s proper participation in or use of the disciplinary system.
- Influencing or attempting to influence the impartiality of a member of a disciplinary body prior to and/or during the disciplinary proceeding.
- Influencing or attempting to influence another person to commit an abuse of the discipline system.
C. Remedies and Resources
The University will take immediate action to eliminate hostile environments, prevent recurrence, and address any effects on the Complaining Party and community prior to the initiation of conduct procedures. These immediate steps will be taken to minimize the burden on the Complaining Party while respecting due process rights of the Responding Party. Remedies for students may include, but are not limited to, counseling services, modifications to on-campus housing, modifications to parking permissions, and modifications to academic schedule. Remedies will be evaluated on a case-by-case basis.
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 including the Office of Title IX Compliance. The Executive Director of Student Affairs or designee are also available to help students understand the student conduct process and identify resources.
- Interim Actions
Under the Code of Student Conduct, the Executive Director of Student Affairs 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, 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 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 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 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 Executive Director of Student Affairs 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. 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 conduct process has been completed. However, violations of interim administrative action may result in additional allegations of the Code of Student Conduct.
- 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 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 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 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 conduct process. The term of a No Contact Order is indefinite, unless otherwise stated in the Order.
- 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 designee, 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 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 Executive Director of Student Affairs 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 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.
- 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.
- 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 or 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).
- Withdrawal of Consent
- 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 designee 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 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 designee 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 designee and the University Police Department. The Executive Director of Student Affairs 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.
Registration Hold 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 record until the student is readmitted.
- Grounds for Removal
- No Contact Order
D. Referral Meeting
A University official may request a meeting with a student in order to discuss a referral made to the Office of Student Conduct or other administrative department when the referral may not be deemed a violation of the Code of Student Conduct, but when the Investigator or designee 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.
E. Voluntary Resolution
In any matter governed by the Code of Student Conduct, the parties (usually the Complaining Party and Responding Party) may mutually agree to attempt to resolve the matter prior to conclusion of the conduct process through a Voluntary Resolution process. The procedures utilized in the Voluntary Resolution process must be agreed upon by the parties with concurrence from the Executive Director of Student Affairs, or designee. The parties must mutually agree in writing to all aspects of any resolution reached through the Voluntary Resolution process, including any restrictions, sanctions, or conditions as my be agreed upon by the parties with concurrence from the Executive Director of Student Affairs or designee, and any such resolution will be binding and final with no opportunity to appeal. Either party may withdraw from the Voluntary Resolution process at any time prior to final resolution, at which time the matter will proceed through the student conduct process as set forth in the Code of Student Conduct. Voluntary Resolution agreements will be maintained in accordance with University policies.
F. The Conduct Process
- Notice of Investigation/Notice of Involvement/Notice to Appear
A student will be given notice of his or her investigation in an alleged violation of the Code of Student Conduct by the receipt of a “Notice of Investigation/Notice of Involvement” Letter. (*Note: 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 the event 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 this conduct procedure and/or failure to appear will not prevent a Student Conduct officer/Investigator from proceeding with the conduct process. , failure of a student to respond may result in additional alleged violation and result in a charge of Failure to Comply.
- 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 Students 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 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:
- A prompt, fair, and equitable process.
- 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 conduct 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 Hearing 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 Hearing unless authorized by a Student Conduct Officer/Investigator. The Student Conduct Officer/Investigator 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 Executive Director of Student Affairs 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 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 Hearing, as delays will not be allowed due to the scheduling conflicts of an advisor, except at the discretion of Conduct Officer/Investigator.
- 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.
- The opportunity to provide information and evidence in support of their case.
- Know if they have been issued any allegations of misconduct.
- Know the range of sanctions that may be imposed for a conduct violation, if one is alleged and found to have occurred.
- Know the Angelo State University conduct policies and procedures and where to find them.
- Know that any information provided by the student may be used in a conduct proceeding.
- 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:
Be responsive to all correspondence from the University.
Provide information relevant to the incident or situation.
Be honest and provide true and accurate information during the investigation.
Review the Code of Student Conduct in order to fully understand all aspects of the student conduct process.
The Executive Director of Student Affairs 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 of Student Conduct have varying degrees of complexity and severity. Therefore, the investigation procedures described below may vary.
When an 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 and/or investigative materials.
During the investigative process, Complaining 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 un-obstructive 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.
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.
- 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 H.8. Additional sanctions in Part I, Section H.1-7. can also be assigned on a case-by-case basis by the Executive Director of Student Affairs or designee.
In cases involving another student (a Complaining 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 Complaining 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.
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.
- Pre-Hearing Process
In cases involving an Administrative Hearing, the Pre-Hearing Process will be followed. Once the investigative 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 conduct process may continue without their participation, including the assignment of charges 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/materials to be used in the Administrative or Panel Hearing. Other documents/materials reviewed may include notification of the Responding Party’s allegations, 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 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 Hearing or Hearing Panel, 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 Hearing or Hearing Panel.
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, Complaining 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.
NOTE: 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, Hearing Panel or Sanction Only Hearing is preferred. However, the Student Conduct Officer/Investigator has the sole discretion in all cases to designate whether an Administrative Hearing, Hearing Panel or Sanction Only 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 Panel members which consists of faculty, staff, and students trained for Hearing Panels. 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 or designee will schedule the Panel Hearing.
At the discretion of the Executive Director of Student Affairs or designee, a review of the conduct case may occur at any point during the investigation or conduct process for clarification of procedural processes and may remand to investigation or adjudication if deemed necessary.
- Notice of Investigation/Notice of Involvement/Notice to Appear
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 Hearing or a Hearing Panel and issue a finding and accompanying sanctions, if applicable. The Administrative Hearing or Hearing Panel 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 Hearing Panel may consider the information contained in the Investigation Report, relevant evidence, and/or other documents/materials and render a decision. If the student accepts responsibility for the allegations issued in the Investigation Report, the student may request a Sanction Only Hearing.
Hearings are closed to the public. In cases involving another student (a Complaining 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 Complaining 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 Parties 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.
The University will attempt to facilitate reasonable questioning of involved parties throughout the investigation and conduct process.
An In Absentia decision may be rendered by the appointed hearing body after proper notice has been given to the student, and the student has failed to respond within the allotted timeframe to meet with an investigator.
- 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 I, Section I.
- Hearing Panel
For each Hearing Panel three (3) Hearing Panel members will be chosen from the available pool by the Executive Director of Student Affairs 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 I, Section B.1. (Academic Misconduct), the Hearing Panel will be comprised of only students and faculty members. For some cases involving Part I, Section B.2. (Actions Against Members of the University Community and Others), the Hearing Panel will be comprised of only faculty and staff members.
All Hearing proceedings, excluding deliberations of the Hearing Panel, will be recorded by the University.
During the Hearing, a designated non-voting Resource Person will facilitate the Hearing process.
The Executive Director of Student Affairs 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 student parties.
The Student Conduct Officer/Investigator 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 Student Conduct Officer/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 Student Conduct Officer/Investigator. Should new evidence be presented without prior discussion with the Student Conduct Officer/Investigator, the Hearing may be halted to consider the inclusion of this information. Impact statements will also be halted if they are shared prior to the sanctioning phase of the Hearing. In the event the Resource Person removes a student due to misconduct (Complaining Party, Responding Party, or witnesses), the alleged misconduct will be forwarded to the Executive Director of Student Affairs 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 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 simultaneously 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 I.
Sanction Only Hearing
If the student accepts responsibility for the allegations issued in the Investigation Report, the student may request a Sanction Only Hearing, by either a Hearing officer or a Hearing Panel. During a Sanction Only Hearing, the Investigation Report and finding are presented to the Hearing Panel by the Investigator. 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 as well as a character statement may also be presented by the Responding Party and may be considered by the Hearing Panel. Written notification of the outcome of the Sanction Only Hearing will be provided to the student(s) 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 I. 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.
- Administrative Hearing
A Student Conduct Officer/Investigator, Administrative Hearing Officer, or Hearing Panel 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. The Student Conduct Officer/Investigator, Administrative Hearing Officer, and/or the 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. 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 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 Informal Resolution Process are final and cannot be appealed.
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, Hearing Panel, Sanction Only Hearing, and/or Disciplinary Appeal Procedures in Part I, Section I. 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:
- 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.
- 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.
- 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.
- 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 Executive Director of Student Affairs or designee determines that a good causes 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 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 Executive Director of Student Affairs, or designee may deny readmission of a student. On denial of a student’s readmission, the Executive Director of Student Affairs 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.
- 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 Executive Director of Student Affairs or designee determines that good causes exists to remove the notation. An administrative hold will be placed on the student record by the Executive Director of Student Affairs or designee to prevent future registration.
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 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/.
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.
- 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; and/or
- Removal of fellowship or assistantship support.
- 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.
- Disciplinary Reprimand
I. Disciplinary Appeal Procedures
A student may appeal the finding or the sanction(s) imposed in an Administrative Hearing or Hearing Panel 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 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.
In cases involving alleged misconduct involving Part I, Section B.2. (Actions against Members of the University Community and Others), either the Complaining Party or Responding Party may appeal the decision of the Hearing Panel.
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 Administrative Hearing Officer or 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 Office of the 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. (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.
J. 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 or 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.