Article 8: Student Conduct Disciplinary Procedures
Section 8.01 Rights 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 Conduct and Community Engagement via reporting system (http://www.tamiu.edu/reportit). The time lines for the grievance process may be extended for good cause shown or upon the unilateral discretion of the Office of Student Conduct and Community Engagement.
Section 8.02 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.
Section 8.03 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 International 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.]
Section 8.04 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 Associate Vice President 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 Associate Vice President of Student Affairs and/or designee may proceed with complaint.
Section 8.05 Hold on Academic Record
A hold will be placed 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.