TAMIU Student Handbook 2019-2020

Page 44 of 86 3. Documentation, student impact statements and other written statements will be accepted for consideration at the discretion of the Director of SCCE (or their designee) or Administrative Hearing Panel. Student impact statements and other documents determined at the discretion of the Director of SCCE (or their designee) or Administrative Hearing Panel, will be taken into consideration during the sanction phase only. 4. Procedural issues will be determined by the Director of SCCE (or their designee) or Administrative Hearing Panel. 5. Upon receipt of all information accepted for consideration, the Director of SCCE (or their designee) or Administrative Hearing Panel will deliberate in private to determine whether the respondent has violated the Student Code of Conduct as charged. 6. Administrative hearings may be recorded at the discretion of the Director of SCCE (or their designee) or administrative hearing panel. Deliberations will not be recorded. The record shall be the property of the University and maintained in compliance with the Family Education Rights and Privacy Act (FERPA). 7. If a respondent fails to appear at an administrative hearing, the information in support of charges shall be presented, considered, and a decision will be made. 8. Concerns for the safety, well-being, and/or fears of confrontation of the complainant, respondent, or witnesses should be presented to the Director of SCCE (or their designee) or Administrative Hearing Panel prior to hearing. Requests for accommodations will be in accordance to state or federal laws. 9. A respondent and advisor may attend the student conduct proceedings, excluding deliberations by the Director of SCCE (or their designee) or Administrative Hearing Panel. The Director of SCCE (or their designee) or Administrative Hearing Panel may remove any participant for disruptive behavior. Admission of any other person to the student conduct proceedings shall be at the discretion of the Director of SCCE (or their designee) or Administrative Hearing Panel. Section 9.05 Findings and Appeal A finding of responsibility must be based upon a preponderance of the evidence. It may not be based solely upon a respondent’s silence during an administrative hearing. A respondent found responsible for a violation may accept or appeal the findings and/or the sanctions, either in whole or in part, as outlined in Section 9.07. A finding of “responsible” will result in sanction. A finding of “not responsible” concludes the conduct process and the case is closed.