Article 9: Student Conduct Disciplinary Procedures

Right to File Grievance Against Students

Any member of the University community has the right to file a grievance against a student that is in violation of the Student Code of Conduct/Student Rules.  Grievances must be filed in writing within fifteen (15) University working days of the discovery of the alleged infraction to the Office of Student Affairs (Student Center 226). The time lines for the grievance process may be extended for good cause shown or upon the unilateral discretion of the Office of Student Affairs.

Fair Process

University students do not surrender their individual rights as guaranteed to them by the United States Constitution.  These include the RIGHT TO FAIR PROCESS.  The purpose of the University disciplinary system is educationally based and is to decide if the student has abused freedoms and failed to accept responsibility for his or her action; to communicate this failure to the student(s) involved and to permit the student(s) to respond; to determine an appropriate response by the University; and to assist the student(s) to make a constructive response of self-discipline.

A University hearing is NOT a trial or a Court of Law.  Any attempt to make the hearing something else would seriously impair the educational function of the hearing which requires open discussion rather than an adversarial debate. Attorneys, counselors, and advisors are not permitted to represent any student at a University hearing.  However, an advisor may be present but may not speak at a hearing.  Request for advisor to be present must be done so in writing a minimum of 3 days before the scheduled hearing.

Disciplinary Procedures

Any student whose conduct has been called into question by any member of the University community or who is alleged to have violated the Code of Conduct and/or any regulations of Texas A&M International University or the Texas A&M University System will be notified of the charges by e-mail as per Section 3.06 of the Student Handbook by the Office of Student Affairs. Students at any time may request the student conduct procedual manual to use a guidance, vist the Office of Student Affairs, Suite 226 in the Student Center for more information.

Standard of Proof: Preponderance of the Evidence

In a case where there is factual dispute, the hearing officer/panel can never have absolute proof of what really happened because the hearing officer/panel is never an eyewitness.  The best the hearing officer/panel can do is be persuaded of what probably happened.  The standard of proof is intended to assure all concerned that the intensity of the hearing officer/panel’s belief is uniform in all cases.

The level of proof required at Texas A&M University in university disciplinary cases is a preponderance of the evidence.  This simply means that the proof need only show that the facts are more likely to be so than not so.  A preponderance of the evidence in the case means such evidence as, when considered and compared with that opposed to it, has more convincing force and produces in the hearing officer/panel’s mind the belief that what is sought is more likely true than not true.  [From:  Long, N.T., (1985).  The standard of proof in student disciplinary cases.  Journal of College and University Law, 12(1), 73-74.]

Good Cause Provision

The victim of an alleged act of misconduct due to “harassment/sexual assault/rape/abuse” may be unwilling to serve as the complainant. In such circumstances, if the Director of Student Affairs and/or designee believes there is good cause for charges to be brought against the accused student in the interest of the University community, the Director of Student Affairs and/or designee may serve as the complaint.

Student Conduct Board

A student charged with a disciplinary violation of the student code of conduct has the right to elect a hearing before the Student Conduct Board (SCB). The purpose of the is to determine whether students have violated the Student Code of Conduct/Student Rules. Specifically, the charge of this committee is to:

a) Assess situation involving a student who is alleged to be in violation of the Student Code of Conduct;

b) Conduct disciplinary hearings

c) Render a decision of responsible/not responsible

d) Recommend sanction for students found in violation of the Student Code of Conduct

For more information regarding the SCB, please visit the Office of Student Affairs website.

Administrative Hearing

A student charged with a disciplinary violation of the student code of conduct has the right to elect an administrative hearing before the Director of Student Affairs or designee.  Should a student wish to pursue the administrative hearing the Director will hear the case, render a decision and if found responsible for a violation sanction the student.

Honor Council

The Honor Council consists of faculty and students who have been elected by the Faculty Senate, appointed by the Provost or appointed by the Vice President for Student Success. The Honor Council serves to provide faculty and students with a means by which they may report academic dishonesty, to provide students with a means of appealing charges of academic dishonesty, to serve as an initial hearing body for academic cases outside of the classroom, and to provide the Provost with recommendations regarding general academic sanctions or remedial efforts.

a) If a student desires to appeal any Academic Misconduct allegations, the student must submit appeal notice within ten (10) University business days (after alleged violation in writing to the Office of Student Affairs). The Office of of Student Affairs will gather evidence from parties involved and will in turn present to the Honor Council for review.

b) Hearing is confidential and no council members are allowed to disclose information other than to allowed university representatives and or authorities who are involved in initial investigation or imposed sanction(s).

c) Honor Council reserves the right to impose sanctions as described in Article VIII, of the Student Handbook and or impose additional sanctions as deemed necessary.

Hold on Academic Record

The Office of Student Affairs will place a hold on a student's University record while one or more of the following are pending, disciplinary proceedings, expulsion, outstanding sanctions, dismissal, separation, suspension, campus banishment, deferred suspension, conduct probation, honor code review, and or interim suspension.

Notification of Outcome

The Office of Student Affairs will, upon written request, disclose to the alleged victim of any crime of violence, or a nonforcible sex offense, the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such crime or offense. If the alleged victim is deceased, as a result of the crime or offense, the information shall be provided, upon request, to the next of kin of the alleged victim.