TAMIU Student Handbook 2019-2020

Page 39 of 86 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. Grievances should be filed in writing within 15 University business days of the discovery of the alleged infraction of the Student Code of Conduct to the Office of Student Conduct and Community Engagement via reporting system ( http://www.tamiu.edu/reportit ). The timelines for the grievance process may be extended for good cause shown or at the discretion of the Office of Student Conduct and Community Engagement. Section 8.02 Process University students do not surrender their individual rights as guaranteed to them by the United States Constitution. The purpose of the University disciplinary system is educationally based and is to decide if the student has misused or abused freedoms, violated System or University policies, rules, regulations or procedures, failed to accept responsibility for their actions; to communicate alleged misconduct, permit the student(s) to respond; determine appropriate action by the University; and assist the student(s) to develop a constructive response exhibiting self-discipline. A University hearing is a function of the educational process. It is NOT an adversarial proceeding or trial in a court of law. Section 8.03 Standard of Proof: Preponderance of the Evidence The level of proof required at TAMIU in University disciplinary cases is a preponderance of the evidence. This means sufficient evidence to show that the facts are more likely to be true than not true. Section 8.04 Good Cause Provision The survivor or victim of an alleged act of misconduct may be unwilling to serve as the complainant. In such circumstances, if the Vice President of Student Success (or their designee) determine there is good cause for charges to be brought against the respondent(s) in the interest of the University community, the Vice President of Student Success (or their designee) may proceed with complaint. In cases involving Civil Rights complaints, the Director of Equal Opportunity and Diversity will make the determination. Section 8.05 Good Samaritan Amnesty