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CODE
OF STUDENT CONDUCT PURPOSE Texas
A&M University-Kingsville is deeply committed to the development of
the student and promotion of personal integrity and self-responsibility.
The university recognizes the student as an adult pursuing an education.
By enrolling, students become citizens of the community and are entitled
to enjoy the privileges and assume the responsibilities and obligations
associated with this affiliation. Just as a student does not lose
citizenship rights upon enrolling at a university, the student also does
not become immune to society’s obligations and laws or to the
responsibilities of daily living in a broader society. In general, the
behavioral norms expected of a university student are those of common
decency and decorum, recognition of and non-infringement upon the rights
and property of others and of the university, honesty in academic work and
all other activities and observance of local, state and federal laws ADMINISTRATION
OF STUDENT CODE OF CONDUCT Authority
for administering the disciplinary system is delegated by the President of
the university to the Vice President for Student Affairs and Dean of
Students. To promote fairness and consistency, the Office of the Dean of
Students coordinates all disciplinary activities. All disciplinary
sanctions imposed campus-wide will be reported to the Dean of Students for
record-keeping purposes. Students
are expected to comply with all federal, state and local laws; any student
who violates any provision of those laws is subject to disciplinary action
notwithstanding any action taken by civil authorities because of the
violation. The principle extends to conduct off campus, which is likely to
have an adverse effect on the university or the educational process. Interim
suspension The
President, the Provost, the Vice President for Student Affairs or the Dean
of Students may take immediate interim disciplinary action when he or she
believes that the presence of a student on campus poses a continuing
danger to people or property, or presents a threat of disrupting the
academic process. When the interim suspension is enacted, the student will
be notified in writing if he/she is barred from being on campus and other
restrictions that may have been imposed. Students living on campus may not
be allowed to return to their hall until the matter is resolved.
A hearing by an appropriate disciplinary individual or body should
be held no later than three working days from the time the interim action
was imposed. Status
during appeal Pending
final action on a disciplinary charge or appeal, the student’s status
should not be altered nor should his/her right to be present on the campus
or his/her privilege to attend classes be suspended except for the
following: 1) when the university has undertaken interim disciplinary
action (as stated above) or 2) when a student’s academic records are
withheld pending final determination on a disciplinary charge. Notice
of charges/Notification of disciplinary results Written
notice of charges may be presented in person, by placement in a
student’s residence hall mailbox or by mail to the accused student’s
local address on file with the university.
Notification of disciplinary results will be considered served if
mailed to one’s local address on file with the Registrar. Failure to
have an up-to-date local address or to claim one’s mail shall not
invalidate notice of charges or notification of disciplinary action
results. STUDENT
RESPONSIBILITY When
students enter a university, they bring upon themselves certain
responsibilities and obligations, including satisfactory academic
performance and social behavior consistent with the lawful purposes of the
university. Student conduct, therefore, is not considered in isolation
within the university community but as an integral part of the educational
process. All students are expected to know and abide by the Student Code
of Conduct. The university will hold each student responsible for
compliance with these published policies. Each student is expected to be
fully acquainted with all published university policies, copies of which
are available to each student for review in the Dean of Students Office
and the Jernigan Library at the Reserve Desk. The official Texas A&M
University-Kingsville Student Code of Conduct is located at http://osa.tamuk.edu/studenthandbook/.
(For the most current updates, see the website.) RIGHT
OF DUE PROCESS
A student or student organization alleged to have engaged in any
misconduct shall have the right of due process and appeal as delineated in
this code. In any disciplinary proceeding, which may result in expulsion
or suspension, the following rights apply to the student or student
organization. Students subject to less severe sanctions may, at the
discretion of the hearing officer, be afforded but are not guaranteed
these rights. 1.
Right to be informed in writing of all charges and possible
sanctions at least three business days before any hearing may proceed. 2.
Right to reasonable access to the case file, which shall be
maintained in the Office of the Dean of Students. 3.
Right to refuse to answer any question or to make a statement.
However, the hearing officer will make a decision on the basis of evidence
available at the time of the hearing. 4.
Right to be accompanied by an advisor at any disciplinary hearing
(for advisory purposes only, not for representation). An attorney cannot
serve as an advisor. 5.
Right to question anyone presenting oral testimony during a hearing
relating to the incident with the exception of sexual harassment and
sexual assault cases. 6.
Right to review all evidence brought against the accused. 7.
Right to present witnesses. 8.
Right to a written statement on the findings of the hearing. 9.
Right to
appeal the decision through the appropriate panel or administrative
officer. STUDENT
MISCONDUCT HEARING PROCEDURES 1.
All Code of Conduct violations should be handled at the lowest
possible level. The hearing officer will provide written notification of
alleged offenses to the student at least three business days prior to the
hearing. The hearing officer will conduct an investigation and/or a
conference and will take one of the following actions. a.
The allegation may be dismissed as unfounded. b.
The allegation may be dismissed for lack of preponderance of
evidence. c.
The student may admit responsibility, and a sanction will be
imposed. d.
The hearing officer will determine responsibility based on a
preponderance of the evidence, and a sanction will be imposed. e.
The student may request a hearing
from a hearing board to determine responsibility. 1.
The hearing
procedure utilized shall provide for a prompt and fair consideration and
resolution of the case. Proceedings are not judicial trials and formal
rules of evidence shall not apply, but evidence submitted must be material
and relevant to the issue under consideration. If extenuating
circumstances prevent either party from meeting this time frame, all
parties involved will agree on an alternate schedule. 2.
The hearing
will be held as scheduled even in the absence of the respondent, unless
such absence is for good and sufficient cause. The decision of the hearing
officer or body as to good and sufficient cause is final. 3.
Possible
sanctions are listed in another section of this handbook. The student
shall be informed by mail or hand-delivery of the hearing officer’s
decision and of the student’s right to appeal to the next level. 4.
Written documentation of the incident and recommended actions shall be
forwarded to the chair/college, dean/director, Dean of Students as
appropriate. Proceedings,
findings and the names of the parties involved are confidential and shall
not be disclosed to anyone not involved in or who is not responsible for
the disposition of the hearing or case, unless such disclosure is required
by law or campus policy. The Dean of Students will retain copies of case
information. The procedures to be
followed in matters of academic misconduct, honor code policy violations
and nonacademic misconduct differ and are outlined in the following
sections. ACADEMIC
MISCONDUCT The
dean of the college will resolve all academic violations. In this
capacity, the dean of the college acts as a resource person for
administration, faculty, staff and students to promote consistency within
the college in resolving cases of academic misconduct. It is recommended
that any academic discipline case be adjudicated at the lowest possible
level. The dean of the college will determine the appropriate level for
adjudication of a case. The dean also has the responsibility for
maintaining all student records related to academic misconduct with a copy
going to the Office of the Dean of Students. Requests for appeals of
academic disciplinary actions will be handled in conformance with the
Appeals Process detailed in a separate section of this handbook. 1.
Any
academic misconduct disciplinary hearing that occurs at the graduate
assistant or faculty level in which the decision goes against the student
must include the chair of the department in determining the appropriate
sanction. Academic misconduct cases initiated at the chair’s level will
be adjudicated at that level and, if necessary, a sanction will be
assigned by the chair. The
hearing officer will notify the student in writing regarding the outcome
and the next level of appeal. Cases initiated and heard at the graduate
assistant, faculty and/or chairperson’s level may be appealed to the
dean of the college. The appeal must be filed within three business days
of notification of the initial decision. 2.
The dean of the college will hear appeals from cases heard at the
graduate assistant, faculty and/or chairperson’s level. The academic
dean’s appellate decision will be final. 3.
The dean of the college will adjudicate any academic violations referred
by university officials. Also, in serious academic misconduct cases, which
may involve suspension or expulsion, the dean of the college serves as the
hearing officer. The dean of the college will determine the seriousness of
the violation. Sanctions will be determined in consultation with the Dean
of Students. Cases initiated and adjudicated at the academic
dean’s level may be appealed to the Judicial Appeals Board. 4.
Should the initial decision of the academic dean be appealed, the appeal
must be submitted in writing to the Vice President for Student Affairs
within three business days after notification of the academic dean’s
decision. Students may complete the Appeals Request Form available
in the Office of the Dean of Students.
The Vice President for Student Affairs shall convene the Judicial
Appeals Board within five business days of receipt of the appeals request.
The board will evaluate the request and determine if an appeals hearing is
merited and if it was filed in a timely manner. If an appeals hearing is
merited, the board will have 10 business days to conduct the hearing and
render a decision. The decision of the Judicial Appeals Board is final and
may not be appealed, with the exception of cases involving suspension or
expulsion. 5.
In academic misconduct cases where the sanction assigned to the student is
suspension or expulsion, the student may appeal the decision of the
Judicial Appeals Board to the Provost by appealing in writing within three
business days after notification of the committee’s decision. Students
must complete the Appeals Request Form available in the Office of
the Dean of Students. The Provost has 10 business days to review the case
and render a decision. The decision of the Provost is final and may not be
appealed. Should the Provost sustain the suspension/expulsion, a copy of
the letter notifying the student of such sanction will be sent to the Dean
of Students, the Registrar and the President. HONOR
CODE VIOLATIONS The University has adopted
the Javelina Honor Code to handle allegations of academic dishonesty. The
process for handling violations of the Honor Code Policy is detailed in a
separate section of this handbook. NONACADEMIC
MISCONDUCT It
is recommended that any nonacademic misconduct discipline case be
adjudicated at the lowest possible level. The Office of the Dean of
Students will resolve all nonacademic violations.
In this capacity, the Dean of Students acts as a resource person
for administration, faculty, staff and students to promote consistency
throughout the university community in adjudicating cases of nonacademic
misconduct. The Dean of Students will determine the appropriate level for
adjudication of a case and if it should be referred to a hearing officer. 1.
Sanctions issued in nonacademic misconduct disciplinary hearings at the
residence hall officer or assistant director level must be made in
consultation with the director of the department. Disciplinary hearings
initiated at the director’s level will be adjudicated at that level, and
if necessary, a sanction will be assigned by the director. Cases initiated
and adjudicated by hearing officers other than the dean, may be appealed
to the Dean of Students. The Dean of Students will hear appeals from
nonacademic misconduct cases adjudicated at the residence hall officer,
assistant director or director’s level. The appeal must be made in
writing to the Dean of Students within three business days after
notification of the decision. The Dean’s decision will be final and may
not be appealed, with the exception of sanctions resulting in suspension
or expulsion. 2.
The Dean of Students or Assistant Dean of Students will hear cases
initiated at the Dean of Students level. 3.
University Disciplinary Committee (UDC) may hear nonacademic violations
that are serious in nature. The Dean of Students will determine the
seriousness of the violation. 4.
Resolution of nonacademic misconduct cases initially adjudicated by
the Dean of Students or the UDC may be appealed to the Vice President of
Student Affairs. The appeal
must be made in writing to the Vice President for Student Affairs within
three business days after notification of the decision. Students may
complete the Appeals Request Form available in the Office of the
Dean of Students. The Vice
President for Student Affairs will evaluate the request and determine if
an appeals hearing is merited and if it was filed in a timely manner,
within five business days of receipt of the appeals request. If an appeal
is merited, the Vice President will have 10 business days to render a
decision. The decision of the Vice President of Student Affairs is final and may not be
appealed 5.
The Dean of Students also has responsibility for maintaining all student
conduct records relating to nonacademic student misconduct. The violations
and sanctions may be noted on the student’s permanent transcript. Any
record of sanction not noted on the transcript shall be dropped no later
than five years after the sanction is assessed. PROHIBITED
CONDUCT The
following constitutes examples of violations for which students are
subject to disciplinary action. This list is not designed to be
all-inclusive. Other resources of university policies are in the University
Catalog, Student Organization Handbook, Residence Hall
Agreement, Student Family Apartment Agreement, Residence
Life Guidebook and the Student Handbook website: http://osa.tamuk.edu/studenthandbook/
.
The
following are intended as statements of general principles and are not
all-inclusive. 100
Academic Misconduct a.
Failure to follow published departmental guidelines, professor’s
syllabi, and other posted academic policies in place for the orderly and
efficient instruction of classes, use of academic resources and equipment. b.
Unauthorized possession of examinations, reserved library materials,
laboratory materials or other course related materials. c.
Failure to follow the instructor or proctor’s test-taking
instructions, including but not limited to not setting aside notes, books
or study guides while the test is in progress, failing to sit in
designated locations and/or leaving the classroom/ test site without
permission during a test. d.
Prevention
of the convening, continuation or orderly conduct of any class, lab or
class activity. Engaging in conduct that interferes with or disrupts
university teaching, research or class activities such as making loud and
distracting noises, repeatedly answering cell phones/text messaging or
allowing pagers to beep, exhibiting erratic or irrational behavior,
persisting in speaking without being recognized, repeatedly leaving and
entering the classroom or test site without authorization and making
physical threats or verbal insults to the faculty member, or other
students and staff. e.
Falsification of student transcript or other academic records; or
unauthorized access to academic computer records. f.
Nondisclosure or
misrepresentation in filling out applications or other university records. 200
Academic Dishonesty a.
Plagiarism: Portrayal of another’s work or ideas as one’s own. b. Cheating: Using unauthorized notes or study aids; allowing another
party to do one’s work/exam and turning in that work/exam as one’s
own; getting help from another party without the instructor’s consent;
submitting the same or similar work in more than one course without
permission from the course instructors. c.
Fabrication: Falsification or creation
of data, research or resources, or altering a graded work without the
prior consent of the course instructor. d.
Lying: Deliberate falsification with the intent to deceive in written or
verbal form as it applies to an academic submission. e.
Bribery: Providing, offering or taking rewards in exchange for a grade, an
assignment or the aid of academic dishonesty. f.
Threat: An attempt to intimidate a student, staff, or faculty
member for the purpose of receiving an unearned grade or in an effort to
prevent the reporting of an Honor Code violation. g.
Aid of Academic Dishonesty: Intentionally facilitating any act of
academic dishonesty. 301
Nonacademic Misconduct a.
Furnishing false information to any university official, staff
faculty member or office. b.
Obstructing or restraining the passage of persons in an exit,
entrance or hallway of any building without the authorization of the
administration of the university. c.
Seizing control of any building or portion of a building for the
purpose of interfering with any administrative, educational, research or
other authorized activity. d.
Preventing or attempting to prevent by force or violence or threat
of force or violence any lawful assembly authorized by the administration. e.
Disrupting by force or violence or the threat of force or violence
a lawful assembly in progress. f.
Obstructing
or restraining the passage of any person at an exit or entrance to said
campus or property or preventing or attempting to prevent by force or
violence or by threats thereof the ingress or egress of any person to or
from said property or campus without authorization of the administration. g.
Engaging in
conduct that interferes with or disrupts administrative, disciplinary,
public service or other authorized activity, or the peace and welfare of
any person on campus. 301
Physical abuse/assault, verbal abuse threats, intimidation,
harassment, coercion and/or other conduct which threatens or endangers the
health or safety of another person. 302
Violation of Sexual Misconduct Policy Sexual Assault
- The oral, anal or vaginal penetration by a sexual organ of another or
anal/vaginal penetration by any means against the victim’s will or
without their consent. An individual who is mentally incapacitated,
unconscious or unaware that the sexual assault is occurring is considered
unable to give consent. The type of force employed may involve physical
violence or force, coercion, intentional impairment of an individual’s
ability to appraise the situation through the administering of any
substance or perceived threats of harm to the victim. Sexual Harassment
- Request, demand or suggestion of a sexual nature of explicit or implicit
expectation or where verbal or physical conduct of a sexual nature that
has the effect of creating an intimidating, offensive or hostile
environment. 303
Theft of public or private property
or of services on university property or at university
sponsored activities. This includes unauthorized use of a university or
privately-owned telephone and/or charging unauthorized phone calls to
another person’s or the university’s billing account. Knowingly
possessing stolen property or reselling stolen property constitutes theft
or being an accessory to theft, and is therefore a violation of this
provision. 304
Violation of University Hazing Policy
- Engaging in hazing or voluntarily submitting to hazing.
Hazing is any act directed against a student by another student or group
of students if the intent or effect of these actions would be to
intimidate or submit the student to indignity or humiliation. (See website
for complete policy) 305
Failure to comply
with the proper and lawful directions of a university official (including
resident advisors) in performance of their duties and/or failure to
identify oneself to these persons when requested to do so. 306 Unauthorized tampering, possession or use of university owned or
controlled equipment,
including but not limited to university keys, university furnishings and
equipment. 307 Conduct which could be interpreted as a violation of federal, state or local law on university premises or at university
sponsored or supervised activities; 308 Violation of published university policies,
including but not limited to the student handbook, university catalog,
residence hall policies, parking and traffic regulations, individual
departmental policies and student organization policies. Attempting,
aiding, abetting, conspiring, hiring or being an accessory to commit any
act prohibited in this code shall be considered a completed violation. 309 Illegal drugs and/or controlled substances
- Manufacturing, possessing, having under control, selling, transmitting,
using or being a party to illegal drugs, drug paraphernalia and/or
controlled substances on university premises or at any university
sponsored activity. 310 Violation of the alcohol policy
- Drinking or having in possession any alcoholic beverage in public areas
of campus, possession and/or consumption by a minor and other violations
of rules pertaining to alcohol. 311 Violation of the weapons policy
- possession or use of firearms, fireworks, explosives, other weapons or
dangerous chemicals on university premises. 312 Committing acts that constitute disorderly conduct or disruptive
activity,
which includes physical or verbal abuse and/or injury of another person;
abusive, indecent, profane or vulgar language in a public place; threats
or obscene actions; nuisance or obscene telephone calls, fighting; and/or
disrespect of the rights and privileges of others; verbal and/or physical
harassment of any university student or employee. 313 Breaching campus safety or security,
to include but not limited to unauthorized access to university
facilities, tampering/damaging door locks, security cameras and card
access readers, duplicating university keys, propping of exterior
residence hall doors and the placement of equipment or vehicles (including
bicycles) so as to obstruct the means of access to/from university
buildings and thereby endangering life and safety. 314 Damaging, destroying, defacing, misusing or littering of any property of the university or university vendor, of
another institution or of another person on university premises or at
university sponsored activities. 315 Failure to pay any financial obligations
to the university by the established deadline; i.e. Returned checks,
restitution for damages to university property, traffic or residence hall
fines or expenses incurred as a result of nonpayment of fines. 316 Unauthorized use of university telephones and other electronic devices is
prohibited. Cellular phones, pagers and other electronic devices shall
not be used in a manner that causes disruption in the classroom, library
or with any university-owned university-operated facilities. This includes
abuse of cellular devices with photographic capabilities. Utilizing these
devices for the purposes of photographing test questions or other forms of
academic misconduct or illegal activity is prohibited, as is photographing
individuals in secured areas
such as lavatories or locker rooms. Taking photographs of any individual
against their will is strictly prohibited. 317
Tampering with or vandalizing fire warning or fire safety equipment or any other safety devices or equipment. 318 Intentionally initiating or causing to be initiated by false report,
warning, threat of fire, explosion or other emergency on university
premises or at university sponsored activities.
319
Gambling on university property
or at any university sponsored activity is prohibited. 320 Breach of computer security, unauthorized use of computer
facilities, misuse of any computer, networking device, telephone,
copier, printer, fax machine or other university information technology
resource and other violations of the university’s Computer Use Policy.
All students are granted permission to use the computing resources of
Texas A&M University-Kingsville. The university has specific policies,
which govern the use of electronic network facilities such as local area
networks and the Internet. Upon misuse of the computing facilities at
Texas A&M University-Kingsville, the university reserves the right to
deny future computing privileges to the individual at all university owned
computing facilities. Misuse of university information technology
resources will result in restitution charges for the service received,
damage incurred and any associated costs. In addition, students found to
be in violation of this section will be subject to other disciplinary
action. 321
Abuse of the disciplinary process
including but not limited to: a.
Failure to obey
the summons of a disciplinary body or university official.
b. Falsification,
distortion or misrepresentation of information before a disciplinary body
or university official.
c. Knowingly
violating the terms of any disciplinary sanction imposed in accordance
with university regulations. 322
Riding bicycles, roller blades or skateboards
in buildings or left in hallways, staircases or lounges; unsafe or
mischievous cycling, skateboarding or roller blading on campus is
prohibited. 400 Residence Hall Policies
Students residing in the residence halls and visitors to the
halls are responsible for abiding by the residence hall policies stated in
the University Catalog, Residence Hall Agreement, Student
Family Apartment Agreement, Residence Life Guidebook, this
publication and the residence life website http://housing.tamuk.edu/.
In addition to regulations stated herein, each hall may have its own set
of specific policies. Violations of residence hall policies will be
adjudicated under the Student Code of Conduct as nonacademic
misconduct in addition to other action that may be taken by law
enforcement authorities. 401 Violation of a residence hall policy
stated in the University Catalog, Residence Hall Agreement, Student
Family Apartment Agreement, Residence Life Guidebook, this
publication, the residence life website http://housing.tamuk.edu/
or a hall’s specific policy. 402 Tampering with facilities,
doors, locks, furnishings, bathroom equipment and/or electrical,
telephone, cable or computer outlet boxes or wiring and/or unauthorized
access to balconies, roofs and secured areas. 403
Violation of the guest visitation policy
including but not limited to failure to escort a guest at all times,
failure to enter or exit the building through the building’s designated
entrance, unauthorized visitation during restricted hours; inappropriate
or inconsiderate behavior during visitation. 404
Excessive noise
in the hall, stairwell, room or public area and/or inconsiderate behavior
which may be damaging to the hall, disrupt the expected level of quiet for
study or sleep and/or disrespectful of other residents and staff. DISCIPLINARY
ACTIONS AND SANCTIONS Sanctions
are categorized as major (category I) or minor (category II) according to
the severity of the infraction as determined by the Dean of Students. A
student or organization found responsible for an infraction is placed on Disciplinary
Probation or Conduct Probation status for a determined period
of time. The student or organization also will be levied a sanction or
combination of sanctions. Record of the student or organization’s
disciplinary status and the results of disciplinary proceedings are a part
of the student’s confidential records for a period of five years. Disciplinary
Probation Disciplinary
probation is
levied for a definite period of time due to repeated violations or a
serious violation. Disciplinary probation carries a warning that
any further violations of university regulations or failure to comply with
the sanctions imposed, may result in more serious consequences including
suspension or expulsion. A student on disciplinary probation for
two semesters or longer is subject to the following restrictions: a.
Ineligible to hold office in any student organization registered by the
university or to hold any elected or appointed office of the university. b.
Ineligible to represent the university to anyone outside the university
community in any way, including representing the university at any
official function, intercollegiate athletics or any form of
intercollegiate competition or representation. c.
Ineligible to receive a university administered scholarship. d.
Ineligible to reside in the residence halls for the duration of the
sanction. Conduct
Probation Conduct
probation is
levied for a definite period of time due to a violation of the Student
Code of Conduct. Further violations during the probationary status or
failure to comply with a sanction that has been imposed, may lead to an
extension of the probationary period, being placed on disciplinary
probation status and/or assessment of additional sanctions (Category I or
II). Sanctions As
part of the notification of disciplinary action undertaken, the student
will be notified in writing of the sanctions imposed, their duration,
stipulations and deadlines for completion. Pending final action on a
disciplinary charge or appeal, the student’s status should not be
altered nor should his/her right to be present on the campus or his/her
privilege to attend classes be suspended except for the following: 1) when
the university has undertaken interim disciplinary action; or 2) when a
student’s academic records are withheld pending final determination of a
disciplinary charge. Once
a student or organization has been finally assessed a disciplinary
sanction and the appeals process is complete, no more severe major
sanctions may be assessed against the student or organization by any
higher university authority for the infraction in question. The sanctions
identified below are not inclusive and may be levied in any combination. Category
I Sanctions 1.
Suspension is separation of the student from the university for a
definite period of time. The student is not guaranteed readmission at the
end of such period of time but is guaranteed a review of the case by the
appropriate university official and a decision regarding eligibility for
admission. Category
II Sanctions 1.
Loss of campus housing privileges includes the removal from
university housing for disciplinary reasons. A student has 36 hours upon
notification to vacate the premises (except in the case of an interim
suspension where the student may be asked to immediately vacate the
premises). The student will forfeit the housing deposit and is liable for
the prorated rent amount for the period the student resided in the halls
as stipulated in the housing agreement. The student may not enter or visit
university housing during this period. 2.
Residence Hall Assignment Transfer means transfer of a student to
another room, area of a residence hall or to another residence hall. 3.
Restrictions
include the withdrawal of specified privileges for a definite period of
time. 4.
Restitution:
Paying for physical or property damage, losses, violations of policy or
misappropriation, either monetarily or by the performance of specific
duties. 5.
Community/University Service includes the completion of a specified number of hours of
service. 6.
Educational Requirements include a provision to complete a specific educational
requirement directly related to the violation committed, i.e., counseling,
attending alcohol workshops, writing essays, making reports, etc. 7.
Warning: A
verbal or written notice to the student that a violation of a published
university policy has occurred and that the continuation of such conduct
or actions could result in further disciplinary action. 8.
Appropriate Grade Penalties may include issuance of a grade of “F” in a course. In
academic matters when the evidence is indisputable, a grade of “F” on
the particular paper or test or for the entire course may be assigned by
the professor. It is important to note that a grade is not a sanction, but
an evaluation of the work performed. In
addition to the evaluation, additional sanctions may be imposed.
For serious academic misconduct cases such as (but not limited to)
those involving repeated offenses, conspiracy with other students or the
theft and/or sale of examination questions, suspension or expulsion from
the university is a common sanction. Definitions: a.
Student includes anyone taking courses at or from the university,
both full-and part-time. It also includes student organizations. People
who are not officially enrolled for a particular term, but who have a
continuing relationship with the university are considered “students”. b.
Hearing Officer is a university official who is an administrator,
faculty member, graduate assistant or staff member such as a hall director
who is eligible to hear a case. c.
Will/Shall are used in the imperative. d.
University means Texas A&M University-Kingsville e.
University premises includes all land, buildings, facilities and
other property in the possession of or owned, used or controlled by the
university. f.
Preponderance of evidence means that quantum of evidence
which, when given probative force, would tend to prove that a fact is more
likely to be true than not. g.
Notice/notification means correspondence sent by mail, addressed to
the addressee at the local address as shown on university records or
personally delivered to the addressee.
It may include verbal notification or confirmed receipt of
electronic mail. h.
Advisor is a student’s representative. The advisor may not
address the committee, question witnesses or the hearing officer or
participate in the hearing except to offer advice and counsel to the
student. i.
Hearing is the opportunity to present relevant evidence. If
the student fails to attend, the hearing may proceed. The student may
present his or her own defense against the charges and may produce either
oral testimony or written affidavits of witnesses. j.
Appellant is the person who has filed an appeal of an
original decision. k.
Resolve is to make a ruling regarding an alleged violation of the
code of conduct. l.
Business day is any
weekday the university is open for business m.
The term “cheating” includes, but is not limited to: (1)
use of any unauthorized assistance in taking quizzes, tests or
examinations; (2) dependence upon the aid of sources beyond those
authorized by the instructor in writing papers, preparing reports, solving
problems or carrying out other assignments; (3) fabricating information to
falsify results obtained from research or laboratory experiments, for
class assignments, research papers and/or oral presentations; 4)
unauthorized changing of grades on an examination, in an instructor’s
grade book, or on a grade report; (5) the acquisition, without permission,
of tests or other academic material belonging to a member of the
university faculty or staff. n.
The term “plagiarism” includes, but is not limited to,
the use, by paraphrase or direct quotation, of the published or
unpublished work of another person without acknowledgement, documentation
or citation. It also includes the unacknowledged use of materials prepared
by another person or agency engaged in the selling of term papers or other
academic materials. APPEALS
PROCESS A
student or organization may appeal the decision of the hearing officer to
the next higher level of authority within the student disciplinary
process. While all members of the university community have the right to
request an appeal, a request for an appeal may not always be granted. The
results of the appeal are final (except in instances involving suspension
or expulsion from the university). The following points apply to all cases
of appeal: 1.
The appeal must be in writing to the appropriate person or body and
submitted within the specified period of time (usually within three
business days of notification unless otherwise specified). 2.
The appeal must include the name of the individual or organization making
the appeal, the action that is being appealed; the date the action took
place and the grounds for the appeal (see #3 below). 3.
Appeals must be made on the basis of one or more of the following grounds: a.
A procedural or prejudicial error was committed. b.
The finding of facts obtained in the decision included substantial
inaccurate information that affected the outcome of the hearing. c.
Specific evidence presented at the hearing is objectionable. The reason
for the objection must be stated, i.e., why the evidence should not be
considered. d.
Evidence not offered during the hearing is now available. The reason(s)
why the evidence was not offered during the hearing must be stated. e.
The sanction imposed is excessive or inappropriate; the reasons for
believing this must be stated in the appeal. 4.
Upon receiving the appeal, the appropriate person or appeals body shall
have five business days to convene to evaluate the request and determine
if an appeals hearing is merited and if it was filed in a timely manner. 5.
If an appeal is merited, the appropriate person or appeals body shall have
10 working days to review the case and render a decision. If extenuating
circumstances prevent either party from meeting this time frame, all
parties involved will agree upon an alternate schedule. 6.
If an appeals hearing is held, it shall
be conducted in accordance with the procedural guidelines for hearings. 7.
The appellant and a representative from the initial hearing officer or
body shall be afforded the opportunity to present reasonable oral argument
and file typewritten or reproduced material. The appellate body may call
in other witnesses it deems necessary. 8.
Upon review of the appeal, the person or body conducting the appeal may
uphold, modify, send back to the hearing body for further consideration or
completely reverse the original decision as appropriate. A written
rationale must be provided and should the decision be modified it should
be in accordance with one or more of the conditions delineated in this
code. NOTIFICATION
OF PARENTS Recent
changes in the law that governs the privacy of student records, Family
Educational Rights and Privacy Act (FERPA), permits colleges and
universities to inform the parents/guardians of students under 21 years of
age when their son/daughter has been found in violation of university
alcohol and drug regulations. Texas A&M University-Kingsville has
decided to notify the parents/guardians of students under 21 years of age
found to have committed serious violations. The parents of students who
find themselves in this situation will be sent a letter by the Dean of
Students indicating that their son/daughter has committed a violation and
been issued a disciplinary sanction. The disciplinary sanction may require
that the son/daughter be enrolled in an alcohol education program
presented by the Center for Life Services and Wellness. Serious violations
of alcohol and drug abuse may result in assessment and basic intervention
by a counselor in the Center for Life Services and Wellness and/or
referral for counseling and treatment by an agency or professional outside
the university. In very serious situations, suspension or expulsion from
the university may occur. Should
parents receive notification from the Dean of Students that their student
has violated the University’s Student Code of Conduct with an alcohol or
drug violation, they are strongly encouraged to discuss the improper use
of alcohol and other drugs with the student. Any questions can be
addressed to the Dean of Students by calling 593-3606. DISRUPTIVE
ACTIVITIES ON CAMPUS OR PROPERTY OF EDUCATIONAL INSTITUTIONS According
to Section 4.30 of the No person or group of
persons acting in concert may willfully engage in disruptive activity or
disrupt a lawful assembly on the campus or property of any private or
public school or institution of higher education or public vocational and
technical school or institute. Note: Texas A&M University-Kingsville
has designated the Memorial Student Union Building mall area as an
approved location for a lawful assembly. The university may
withdraw consent for an individual to be on campus for a period of time if
there is reasonable cause to believe that the person has willfully
disrupted the orderly operation of the campus or facility and that the
individual’s presence on the campus or facility will constitute a
substantial and material threat to the orderly operation of the campus or
facility. Please refer to the
complete policy at http://osa.tamuk.edu/studenthandbook/ AMENDMENTS
TO THE STUDENT CODE OF CONDUCT The
Dean of Students will review amendments to this code of conduct.
Recommendations should be submitted in writing to the Dean of Students for
consideration. The Vice President for Student Affairs will make final
approval of amendments to this code of conduct upon consultation with
university legal counsel. Statement
of Limitations No
student or student organization shall be subject to disciplinary
procedures due to alleged violation of university regulations unless
procedures are initiated within one year from the time the alleged
misconduct occurred or was made known to the Dean of Students, whichever
occurs later. The one-year period of limitation as referred to here, will
apply only while the student is enrolled at the university.
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