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Chapter 11. Student Discipline and Conduct

Subchapter 11-100. General Provisions

Sec. 11-101. Introduction

(a) Students at the University neither lose the rights nor escape the responsibilities of citizenship. They are expected to obey and conduct themselves in accordance with both the penal and civil statutes of the local, state, and federal government and the Rules and Regulations of the Board of Regents of the University of Texas System, University regulations, and administrative rules, and to observe standards of conduct appropriate for an academic institution. They may be disciplined by the University for violating these standards of conduct on the campus or off the campus when the incident occurs in connection with an institution-oriented activity, or has a substantial connection to the interests of the University, or when the behavior is prohibited by University policy regardless of where it occurs, even if they are or may be penalized by civil authorities for the same act. Institutional disciplinary penalties shall not, however, be used merely to duplicate the penalties imposed by civil authority.

(b) This chapter contains regulations for dealing with alleged student violations of University standards of conduct in a manner consistent with the requirements of procedural due process. In addition to the general standards of conduct set forth in subsection 11-101(a), subchapter 11-800 contains descriptions of specific standards of conduct to which students must adhere.

(c) Additional regulations and procedures regarding academic discipline in the School of Law are given in the Honor Code in the law school catalog.

Sec. 11-102. Application

(a) This chapter applies to individual students and states the function of faculty and administrative staff members of the University in disciplinary proceedings.

(b) Individuals who are not currently enrolled at the University remain subject to the disciplinary process for conduct that occurred while they were students.

(c) A student is subject to discipline for prohibited conduct that occurs while participating in off-campus activities sponsored by the University, including field trips, internships, rotations, or clinical assignments.

Sec. 11-103. Definitions

In this chapter, unless the context requires a different meaning,

(1) "complaint" is a written statement of the essential facts constituting a violation of a Regents' Rule, University regulation, or administrative rule;

(2) "dean" means the dean of students or the dean's delegate or representative;

(3) "faculty member" means a person who is employed by the University for the purpose of teaching a class, and who has authority to assign grades for the class;

(4) "hearing officer" means a person appointed by the president to conduct hearings of alleged violations of a Regents' Rule, University regulation, or administrative rule; whenever a case involves a student in the School of Law, the hearing officer shall be a faculty member in the School of Law;

(5) "president" means the president of the University of Texas at Austin;

(6) "student" means a person currently enrolled at the University, or who is accepted for admission or readmission to the University, or who has been enrolled at the University in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows, or who is attending an educational program sponsored by the University while that person is on campus, or who engaged in prohibited conduct at a time when he or she met the above criteria.

(7) "University" means the University of Texas at Austin; and

(8) "weekday" means Monday through Friday, except for official University holidays or days on which regularly scheduled classes are suspended; "day" means calendar day, except for days on which the University is officially closed or on which regularly scheduled classes are suspended.

Subchapter 11-200. Administration of Discipline

Sec. 11-201. Administration by Dean of Students

The dean shall have primary authority and responsibility for the administration of student discipline. The dean works cooperatively with faculty members in the disposition of scholastic violations, with appropriate staff members in the Division of Housing and Food Service in the disposition of residence halls violations, and with other appropriate staff members in the disposition of other types of violations. The dean may delegate to faculty members the authority to dispose of scholastic discipline cases and may delegate to University staff members the authority to dispose of designated student disciplinary matters as deemed appropriate.

Sec. 11-202. Hearing Officer

The hearing officer(s) will be appointed in accordance with procedures established by the president. The president may appoint an individual to coordinate the work of the hearing officers.

Subchapter 11-300. Initiation of Disciplinary Proceedings

Sec. 11-301. Investigation

(a) Upon receiving information that a student has allegedly violated a Regents' Rule, University regulation, or administrative rule, the dean shall investigate the alleged violation. After completing the preliminary investigation, the dean may

(1) dismiss the allegation as unfounded; or

(2) summon the student for a conference and, after conferring with the student,

(A) dismiss the allegation; or

(B) proceed administratively under section 11-303; or

(C) prepare a complaint based on the allegation and proceed under subchapter 11-400.

(b) Pending a hearing or other disposition of the allegations against a student, the dean may take such immediate interim disciplinary action as is appropriate to the circumstances, including suspending the right of the student to be present on the campus and to attend classes, or otherwise altering the status of a student when the continuing presence of the student poses a potential danger to persons or property, or poses a potential threat of disrupting the academic process or any activity authorized by the University.[6]

(c) A student who is suspended or whose status is altered under subsection 11-301(b) is entitled to a hearing at his or her request by a hearing officer under subchapter 11-400. If requested by the student, such a hearing shall be conducted within ten days after the interim disciplinary action was taken, unless the student agrees in writing to a hearing at a later time or waives a hearing and accepts the decision of the dean of students under section 11-303.

(d) Searches of student-occupied premises or of a student's personal possessions shall be only as authorized by law.

Sec. 11-302. Summoning Student

(a) The dean may summon a student to appear in connection with an alleged violation by sending a message to the student by letter or by e-mail at the address appearing in the registrar's records.

(b) The message shall direct the student to appear at a specific time and place at least three weekdays after the date of the message if the message is sent by letter, or at least two weekdays after the date of the message if the message is sent by e-mail.

(c) The dean may bar or cancel the enrollment or otherwise alter the status of a student (or of a former student under subsection 11-102[b]) who fails without good cause to comply with a summons sent under subsection 11-302(a). A letter sent to the local address listed in the registrar's records, a letter hand delivered to the student, or an e-mail message sent to the address in the registrar's records shall constitute full and adequate notice. The failure of a student to provide current addresses, refusal to accept delivery of a letter, or failure to receive an e-mail message because the mailbox is full or the message is inappropriately forwarded, shall not constitute good cause for failure to comply with the summons. (Policies on the use of e-mail for official correspondence are given in Appendix M.)

Sec. 11-303. Administrative Disposition of Violations

In any case where the accused student does not dispute the facts upon which the charges are based and executes a written waiver of the hearing procedures, the dean of students shall assess a penalty (or penalties) pursuant to subchapter 11-500 that is appropriate to the charges and inform the student of such action in writing. The decision of the dean of students on penalty may be appealed as in the case of a decision rendered subsequent to a hearing in accordance with subchapter 11-600. The appeal is limited to the issue of penalty, and no transcript will be required.[7]

Sec. 11-304. Scholastic Violations

(a) When a faculty member has reason to suspect that a student has violated University regulations concerning scholastic dishonesty, the faculty member may

(1) refer the case to the dean of students, who shall proceed under section 11-301, or

(2) meet with the student(s) involved and discuss the alleged violation and the evidence that supports the charge. After conferring with the student, the faculty member may dismiss the allegation or proceed under subsection 11-304(b) or subsection 11-304(c).

(b) In any case where a student accused of scholastic dishonesty does not dispute the facts upon which the charges are based and executes a written waiver of the hearing procedures, the faculty member may assess an academic penalty pursuant to section 11-503, and shall inform the student of such action in writing, and report the disposition of the incident to the dean of students. The dean of students may summon the student for consideration of an additional disciplinary penalty.

(c) In a case where a student accused of scholastic dishonesty disputes the facts upon which the charges are based, or chooses not to waive the right to a hearing before a hearing officer, the faculty member shall refer the matter to the dean of students who shall then proceed under section 11-301.

(d) A student may appeal the decision of a faculty member under subsection 11-304(b) by giving written notice to the dean of students within fourteen days from the date on which the decision was announced. The appeal is conducted in accordance with subchapter 11-600. The appeal is restricted to the issue of penalty, and no transcript shall be required.

Subchapter 11-400. Hearing

Sec. 11-401. Duties of the Hearing Officer

In those cases in which the accused student disputes the facts upon which the charges are based, or chooses not to waive the hearing procedure, such charges shall be heard and determined by a hearing officer.[8] The hearing officer will preside over the hearing and shall

(1) ascertain that the dean has satisfactorily performed the requirements of section 11-402;

(2) rule on the admissibility of evidence and objections to the procedure; render a written decision which shall contain findings of fact and conclusions as to whether or not a violation has occurred; assess a penalty, or penalties; and provide the student and the dean with a copy of the decision;

(3) certify the hearing record upon notice of appeal.

Sec. 11-402. Duties of Dean

The dean shall

(1) set the date, time, and place for the hearing and notify the accused student of the date, time, and place;

(2) arrange for recording the hearing as provided in subsection 11-407(e); and

(3) furnish a suitable room, necessary equipment, and clerical assistance for a hearing.

Sec. 11-403. Notice

(a) The dean shall notify the accused student by letter or by e-mail of the date, time, and place for the hearing. The notice shall be delivered in person or sent by e-mail or postal mail to the student at the address appearing in the registrar's records.

(b) The notice shall specify a hearing date at least ten days after the date of the letter or e-mail message unless the hearing is being held under the conditions required in subsection 11-301(c). A letter or an e-mail message sent to the address listed in the registrar's records shall constitute full and adequate notice. A letter will be considered to have been received on the third day after the day of mailing, excluding any intervening Sunday. An e-mail message will be considered to have been received on the second day after the day of sending the message. A student may request, in writing, that an earlier hearing date be set if feasible to arrange. The hearing officer for good cause may postpone the hearing and shall notify the dean and the accused student of the new hearing date.

(c) Notice sent under subsection 11-403(a) shall

(1) direct the accused student to appear on the date and at the time and place specified;

(2) advise the accused student of his or her rights

(A) to a private hearing;

(B) to appear in person and to have an adviser at the hearing;

(C) to challenge the person designated to hear the charges;

(D) to know the identity of each witness who will testify against him or her;

(E) to present testimony of witnesses, to present documentary and other evidence, to argue in his or her own behalf;

(F) to cross-examine each witness who testifies against him or her;

(G) to be assisted by an adviser; and

(H) to appeal under subchapter 11-600;

(3) contain the name of the person appointed to act as hearing officer;

(4) contain the names of witnesses who may testify against the accused student, a brief summary of the testimony to be given by each, and a list of documentary and other evidence that will be offered against him or her; the University may supplement the list of witnesses and documents for good cause, as determined by the hearing officer;

(5) contain a copy of the complaint, which entails a written statement of the charges; and

(6) notify the accused student that if he or she is advised by an attorney, the dean's adviser may be an attorney from the Office of the General Counsel of the University of Texas System. An adviser may confer with and advise the dean or accused student, but shall not be permitted to question witnesses, introduce evidence, make objections, or present arguments to the hearing officer.[9]

(d) At least five days before the hearing, the dean will make available a copy of documents to be introduced at the hearing.

(e) The dean may suspend or otherwise alter the status of an accused student who fails without good cause to comply with a letter sent under this section, or the dean may proceed with the hearing in the student's absence. The failure of a student to provide an address change or forwarding address, or the refusal to accept delivery of a letter shall not constitute good cause for failure to comply with a letter sent under this section.

Sec. 11-404. Preliminary Matters

(a) Charges arising out of a single transaction or occurrence against one or more students may, at the discretion of the dean, be heard together, but the hearing officer for good cause shown may grant a separate hearing.

(b) At least five days before the hearing date, the student shall furnish the dean with a list of any witnesses who may testify on behalf of the student, together with a summary of each witness's testimony and a copy of any documents and other evidence he or she may offer; the student may supplement the list of witnesses and documents for good cause, as determined by the hearing officer.

(c) At least five days before the hearing date, the student concerned shall furnish the hearing officer with

(1) any objection that, if sustained, would postpone the hearing;

(2) the name of the adviser, if any, who will appear with the student; and

(3) a request for a separate hearing, if any, and the grounds for such a hearing.

Sec. 11-405. Challenges to the Hearing Officer

The accused student may challenge the hearing officer's alleged lack of fairness or objectivity, but is not entitled to disqualify the person from serving. The challenge must be in writing, state the reasons for the challenge, and be submitted to the hearing officer through the office of the dean at least three days prior to the hearing. It shall be up to the challenged person to determine whether he or she can serve with fairness and objectivity. If the challenged person disqualifies himself or herself, another hearing officer shall be appointed.

Sec. 11-406. Procedure

(a) The hearing is informal and closed, except that, with the consent of the accused student and the dean, the hearing may be open.

(b) The hearing officer shall proceed generally as follows:

(1) the dean reads the complaint;

(2) the hearing officer informs the accused student of his or her rights listed in subsection 11-403(c)(2);

(3) the dean presents the University's witnesses and evidence;

(4) the accused student presents his or her witnesses and evidence;

(5) the dean and the accused student present rebuttal evidence and argument;

(6) the hearing officer decides whether a violation has occurred and assesses a penalty in accordance with section 11-408.

Sec. 11-407. Evidence

(a) Legal rules of evidence do not apply to hearings under this subchapter; the hearing officer may admit and give effect to evidence that possesses probative value and is commonly accepted by reasonable people in the conduct of their affairs. The hearing officer shall exclude irrelevant, immaterial, and unduly repetitious evidence. All evidence admitted during the hearing shall be made a part of the record. The hearing officer shall give effect to the rules of privilege recognized by law.

(b) Upon a hearing of the charges, the University has the burden of going forward with the evidence and the burden of proving the charges by the greater weight of credible evidence.[10]

(c) A witness shall testify unless the testimony is privileged or is excluded by the hearing officer.

(d) The hearing officer shall decide whether a violation has occurred and assess an appropriate penalty solely on the basis of admitted evidence. The hearing officer may consider an accused student's disciplinary record only in determining an appropriate penalty.

(e) A recording shall be made of the hearing under supervision of the dean. If either party appeals, the president may request that the recording be transcribed and both parties will be furnished a copy.

Sec. 11-408. Decision

The person hearing the charges shall render a written decision as to whether the accused student has committed a violation, and shall set forth findings of fact in support of the decision. The penalty or penalties shall also be stated in the decision. The accused student and the dean of students shall each be given a copy of the decision.

Sec. 11-409. Record

(a) The hearing record consists of

(1) a copy of the notice required under section 11-403;

(2) the recording of the hearing, together with all documentary and other evidence admitted;

(3) written motions, pleas, and any other materials considered by the hearing officer; and

(4) the decisions of the hearing officer.

(b) If notice of appeal is timely given as provided in section 11-601, the dean shall prepare the record; the hearing officer shall certify its completeness and accuracy; and the dean shall send it to the president, with a copy to the student appellant, on or before the tenth day after the record has been certified.

Subchapter 11-500. Penalties

Sec. 11-501. Authorized Disciplinary Penalties[11]

(a) The dean, under subchapter 11-300, or the hearing officer after a hearing under subchapter 11-400, may impose one or more of the following penalties for violation of a Regents' rule, University regulation, or administrative rule:

(1) admonition;

(2) written warning;

(3) disciplinary probation;

(4) withholding of grades, official transcript, and/or degree;

(5) bar against readmission, and/or drop from current enrollment, or drop from enrollment in one or more courses;

(6) restitution;

(7) suspension of rights and privileges, including, but not limited to, participation in athletic or extracurricular activities and residing in or entering University housing;

(8) failing grade for an examination or assignment or for a course and/or cancellation of all or any portion of prior course credit, or other academic penalty;

(9) denial of degree;

(10) deferred suspension;

(11) suspension from the University for a specified period of time;

(12) expulsion (permanent separation from the University);

(13) revocation of degree or withdrawal of diploma;

(14) other penalty as deemed appropriate under the circumstances.

(b) If a violation of a Regents' rule, University regulation, or administrative rule, other than section 11-804(a)(12) or section 13-204, is committed because of the race, color, religion, national origin, gender, age, disability, citizenship, veteran status, or sexual orientation of a student or students directly harmed by the violation, such a discriminatory purpose shall be treated as an aggravating factor for the purpose of determining the appropriate penalty under section 11-501(a). For a complete set of cross-references to all regulation of harassment on the campus, see section 13-204(c).

Sec. 11-502. Nature of Disciplinary Penalties

(a) An admonition is a written reprimand from the dean to the student on whom it is imposed. This penalty constitutes disciplinary action but does not establish a formal, reportable disciplinary record for the student.

(b) Written warning is the lesser form of disciplinary action, indicating that the student has been notified that he or she has engaged in unacceptable behavior and that further violations of the regulations may result in more severe disciplinary action. The dean or the hearing officer may impose conditions related to the offense, such as counseling, educational seminars, or unpaid work assignments. Failure to meet the condition(s) shall be considered an additional violation. This penalty constitutes disciplinary action but does not establish a formal, reportable disciplinary record for the student.

(c) Disciplinary probation is the greater form of probation indicating that the student has engaged in unacceptable behavior and may be required to report to the dean on a regular basis during the probationary period. Further violations will result in consideration of suspension. The dean or the hearing officer may impose conditions related to the offense, such as counseling, educational seminars, or unpaid work assignments. Failure to meet the condition(s) shall be considered an additional violation.

(d) The dean or hearing officer may withhold the issuance of an official transcript, grade, diploma, or degree to a student alleged to have violated a rule or regulation of the University of Texas System or the University which would reasonably allow the imposition of such penalty. The dean may take such action pending a hearing, resolution by administrative disposition, and/or exhaustion of appellate rights when, in the opinion of the dean, the best interests of the University of Texas System or the University would be served by this action.

(e) A bar against readmission and/or a drop from current enrollment or a drop from one or more courses may be assessed as a penalty as appropriate under the circumstances. A bar against readmission and/or a drop from current enrollment may also be imposed on a student who fails to respond to a summons by the dean to discuss an alleged violation of the Regents' Rules and Regulations, University regulations, or administrative rules. If imposed under these circumstances, the penalty shall be lifted when the student responds to the summons as requested.

(f) Restitution is reimbursement for damage to or misappropriation of property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.

(g) Suspension of rights and privileges is an elastic penalty. The dean or the hearing officer may impose limitations to fit the particular case, as in the suspension of rights and privileges to enter or reside in University housing facilities. Suspension of eligibility for official athletic and nonathletic extracurricular activities prohibits, during the period of suspension, the student on whom it is imposed from joining a registered student organization; from taking part in a registered student organization's activities, or attending its meetings or functions; and from participating in an official athletic or nonathletic extracurricular activity.

(h) A failing grade or other academic penalty may be assigned to a student for a course in which he or she was found guilty of scholastic dishonesty.

(i) A student found guilty of scholastic dishonesty may be denied his or her degree.

(j) Deferred suspension may be imposed on a student for whom suspension from the institution is an appropriate penalty, but for whom there are mitigating circumstances as determined by the dean or hearing officer. If a student is found to have violated any rule of the University or the University of Texas System while the penalty of deferred suspension is in effect, the penalty for such a violation will be immediate suspension. The facts of the case may be decided by a University hearing officer and/or appealed to the president, but the penalty may not. The dean or hearing officer may impose conditions related to the offense, and failure to meet such conditions shall be considered an additional violation.

(k) Suspension from the University prohibits, during the period of suspension, the student on whom it is imposed from entering the University campus without prior written approval of the vice president for student affairs;[12] from being initiated into an honorary or service organization; and from receiving credit for scholastic work done during the period of the suspension. The dean or hearing officer may, however, permit the receipt of credit for scholastic work completed at another institution during the period of suspension, except when suspension is imposed for scholastic dishonesty. The dean or hearing officer may impose conditions related to the offense, and failure to meet such conditions or terms of the penalty shall be considered an additional violation.

(l) Suspension from the institution and/or suspension of rights and privileges is the recommended penalty that shall be assessed for violation of the rules against illegal use, possession, and/or sale of a drug or narcotic on campus.[13]

(m) Expulsion is a permanent separation from the University that includes the same prohibitions as those for suspension.

(n) Revocation of the degree and withdrawal of the diploma may be imposed when the violation involves scholastic dishonesty or otherwise calls into question the integrity of the work required for the degree.

(o) Other penalties may be imposed when, in the opinion of the dean or the hearing officer, the best interests of the University of Texas System or the University would be served.

Sec. 11-503. Authorized Academic Penalties

(a) A faculty member, under section 11-304, or the dean of students or hearing officer may impose one or more of the following penalties for scholastic dishonesty:

(1) written warning that further scholastic violations may result in a more severe penalty;

(2) no credit or reduced credit for the paper, assignment, or test in question;

(3) retaking of examination or resubmission of assignment;

(4) failing grade or reduced final grade for the course.

(b) The dean of students, with approval of the student's academic dean, may assign an academic penalty for violation of a University regulation concerning scholastic dishonesty to a student who fails without good cause to comply with subsection 11-302(c) or subsection 11-403(e).

(c) A student who is in violation of a University regulation concerning scholastic dishonesty may also be subject to one or more of the penalties in section 11-501.

Subchapter 11-600. Appeal

Sec. 11-601. Right to Appeal

(a) Either the dean of students or the accused student may appeal a disciplinary decision to the president of the institution.[14]

(b) An appeal from a disciplinary decision shall be made by giving written notice to the president within fourteen days after the parties have been notified of the decision. If the decision is sent by mail, the date the decision is mailed initiates the fourteen-day period. The notice is informal, but shall contain the student's name, the date of the decision or action, if any, the name of the accused student's adviser, if any, and the basis or grounds of the appeal. If the dean is the appellant, a copy of the notice shall be given or mailed to the accused student at the address listed in the registrar's records on the same day notice is served by the dean.

(c) Notice of appeal timely given by an accused student suspends the imposition of penalty until the appeal is finally decided, but interim action may be taken as authorized under subsection 11-301(b). Official transcripts, diplomas, grades, or degrees may also be withheld pending conclusion of the appeal as permitted by subsection 11-502(d).

Sec. 11-602. Consideration of Appeal

(a) The decision will be reviewed upon the basis of the certified record of the hearing, if any. Both parties may, at the discretion of the president, submit oral or written arguments to support their position. In the case of a faculty or administrative disposition of the charges, the decision will be based upon review of written arguments provided by the student and the faculty member or the dean as appropriate. In order for the written arguments to be considered, they must be filed with the president within fourteen days after notice of appeal is given, or fourteen days after certification of the hearing transcript, if any.[15] When submitting written arguments to the president, each party must also provide a copy of the written arguments to the other party. Each party has five days to submit a response to the written arguments submitted by the other party. The response shall be submitted to the president with a copy to the other party. The response must be limited to and specifically related to the arguments originally submitted by either party. New or additional information not specifically related to the original arguments submitted shall not be considered on appeal. The response to written arguments submitted to the president will not extend the thirty-day period within which the action of the president will be communicated as outlined in subsection 11-602(b).

(b) The president may approve, reject, or modify the decision in question, or may require that the original hearing be reopened for the presentation of additional evidence and reconsideration of the decision. It is provided, however, that if the finding as to guilt is upheld in a case involving the illegal use, possession, and/or sale of a drug or narcotic on campus, the recommended penalty is prescribed by subsection 11-502(l). The action of the president shall be communicated in writing to the accused student and the dean of students within thirty days after the appeal and original written arguments have been received. The decision of the president shall be the final appellate review.[16]

Subchapter 11-700. Disciplinary Records[17]

Sec. 11-701. Access to Disciplinary Records

(a) Disciplinary records are confidential and may not be disclosed in whole or part except as provided in subchapter 9-300. Invasion of the accused student's privacy will be avoided to the greatest extent possible.

(b) A permanent written disciplinary record shall be kept for every student assessed a penalty of suspension, expulsion, denial or revocation of a degree, and/or withdrawal of a diploma. A written record of any other penalty assessed will be maintained for at least five years.

(c) The disciplinary record shall be separate from the student's academic record and shall be confidential, and shall not be revealed except on request of the student or in accordance with applicable state and federal law.

Sec. 11-702. Notice to the Registrar

(a) The dean shall notify the Office of the Registrar and other appropriate administrative offices if a disciplinary penalty restricts a student from being enrolled at the University during the period of the penalty. The bar may be imposed by the dean if one of the following penalties has been assessed because of violation of a Regents' Rule or University rule or regulation:

(1) bar against readmission;

(2) suspension from the University; or

(3) expulsion from the University.

(b) The dean shall notify the registrar and the academic dean if any of the penalties of withholding grades, official transcript or degree, denial of degree, or revocation of degree and withdrawal of diploma are imposed.

Subchapter 11-800. Student Standards of Conduct[18]

Sec. 11-801. Conduct Expected of Students

This subchapter describes offenses for which a disciplinary proceeding may be initiated, but the University expects from its students a higher standard of conduct than the minimum required to avoid discipline. The University expects all students to obey the law, to show respect for other members of the University community, to perform contractual obligations, to maintain absolute integrity and a high standard of individual honor in scholastic work, and to observe standards of conduct appropriate for a community of scholars.

Sec. 11-802. Scholastic Dishonesty[19]

(a) The dean or a faculty member may initiate disciplinary proceedings under subchapter 11-300 against a student accused of scholastic dishonesty.

(b) "Scholastic dishonesty" includes, but is not limited to, cheating, plagiarism, collusion, falsifying academic records, misrepresenting facts, and any act designed to give unfair academic advantage to the student (such as, but not limited to, submission of essentially the same written assignment for two courses without the prior permission of the instructor), or the attempt to commit such an act.

(c) "Cheating" includes, but is not limited to,

(1) copying from another student's test paper;

(2) failing to comply with instructions given by the person administering a test, project, or other assignment;

(3) use or possession of materials that are not authorized by the person giving the test, project, or other assignment, including but not limited to class notes, calculators, and specifically designed "crib notes." The presence of textbooks constitutes a violation only if they have been specifically prohibited by the person administering the test;

(4) using, buying, stealing, transporting, or soliciting in whole or part the contents of an unadministered test, test key, homework solution, or computer program;

(5) collaborating with or seeking aid or receiving assistance from another student or individual during a test or in conjunction with an assignment without authority;

(6) discussing the contents of an examination with another student who will take the examination;

(7) divulging the contents of an examination, for the purpose of preserving questions for use by another, when the instructor has designated that the examination is not to be removed from the examination room or not to be returned to or kept by the student;

(8) substituting for another person, or permitting another person to substitute for oneself to take a course, a test, or any course-related assignment;

(9) paying or offering money or other valuable thing to another person or coercing another person to obtain an unadministered test, test key, homework solution, or computer program, or information about an unadministered test, test key, homework solution, or computer program;

(10) falsifying research data, laboratory reports, and/or other academic work offered for credit; and

(11) taking, keeping, misplacing, or damaging the property of the University, or of another, if the student knows or reasonably should know that an unfair academic advantage would be gained by such conduct.

(d) "Plagiarism" includes, but is not limited to, the appropriation of, buying, receiving as a gift, or obtaining by any means material that is attributable in whole or in part to another source, including words, ideas, illustrations, structure, computer code, and other expression or media, and presenting that material as one's own academic work being offered for credit.

(e) "Collusion" includes, but is not limited to, the unauthorized collaboration with another person in preparing academic assignments offered for credit or collaboration with another person to commit a violation of any section of the rules on scholastic dishonesty.

(f) "Falsifying academic records" includes, but is not limited to, altering or assisting in the altering of any official record of the University or the University of Texas System, and/or submitting false information or omitting requested information that is required for or related to any academic record of the University or the University of Texas System. Academic records include, but are not limited to, applications for admission, the awarding of a degree, grade reports, test papers, registration materials, grade change forms, and reporting forms used by the Office of the Registrar. A former student who engages in such conduct is subject to a bar against readmission, revocation of a degree, and withdrawal of a diploma.

(g) "Misrepresenting facts" to the University or an agent of the University or the University of Texas System includes, but is not limited to, providing false grades or rsums; providing false or misleading information in an effort to receive a postponement or an extension on a test, quiz, or other assignment for the purpose of obtaining an academic or financial benefit for oneself or another individual; or providing false or misleading information in an effort to injure another student academically or financially.

Sec. 11-803. Financial Transactions with the University

Students who owe debts to the University may be denied admission or readmission to the University and may have their official transcripts, grades, diplomas, and degrees to which they would otherwise be entitled withheld until the debt is paid. Students who write bad checks to the University for tuition and fees will have their registration canceled. Bad checks written to the University for other purposes will subject the student to legal and/or disciplinary action. Matters relating to student financial transactions will be directed by the appropriate administrative office to the Office of Accounting.

Sec. 11-804. Certain Other Offenses[20]

(a) Notwithstanding any action taken by civil authorities or agencies charged with the enforcement of criminal laws on account of the violation, the dean may initiate disciplinary proceedings under subchapter 11-300 against a student who

(1) engages in conduct that violates any provision of federal, state, and/or local laws, whether or not the violation occurs on University property or in connection with any University oriented activity;

(2) possesses, uses, or displays firearms, facsimile firearms, ammunition, explosives, or other weapons on property owned or controlled by the University, without written permission from the dean;

(3) conducts himself or herself in a manner that impedes, interferes with, or disrupts any University teaching, research, administrative, disciplinary, public service, learning, or other authorized activity;

(4) conducts himself or herself in a manner that endangers the health or safety of any student or employee of the University, or of visitors on the campus;

(5) damages, defaces, destroys, tampers with, or takes without authorization property of the University, property belonging to any student or employee of the University, or property of a visitor on the campus;

(6) is in possession of or makes use of University keys for unauthorized purposes;

(7) engages in activities that subject a probationary member of a group to dangerous, harmful, or degrading acts (Regents' Rules and Regulations, Series 50101, Number 2, Section 2.8 states that such acts are a violation with or without the consent of the probationary member);

(8) engages in unauthorized use or possession of alcoholic beverages in a University classroom building, laboratory, auditorium, library building, museum, faculty or administrative office, intercollegiate or intramural athletic facility, residence hall, or any other campus area;[21] or engages in the improper use, possession, or consumption of alcoholic beverages, including but not limited to underage possession of alcohol, underage consumption of alcohol, providing alcohol to a minor, public intoxication, minor driving under the influence of alcohol, driving while intoxicated;

(9) engages in illegal use, possession, and/or sale of a drug or narcotic and/or possession of drug paraphernalia;[22]

(10) engages in speech, either orally or in writing, that is directed to inciting or producing imminent lawless action and is likely to incite or produce such action;

(11) enters, walks, runs, lies, plays, remains, or is in the water of any fountain or other artificial body of water, which is not designed and maintained for recreational or therapeutic purposes, located on the University campus, or who dumps, throws, places, or causes to be placed any material, object, trash, person, animal, waste, or debris in the water of any fountain, or other artificial body of water located on the University campus, or who damages, defaces, or removes any portion of any fountain, monument, building, statue, structure, facility, tree, shrub, or memorial located on the University campus;[23]

(12) engages in harassment. Harassment is defined as conduct that is sufficiently severe, pervasive, or persistent to create an objectively hostile environment that interferes with or diminishes the ability of an individual to participate in or benefit from the services, activities, or privileges provided by the University. For a complete set of cross-references to all harassment policies on the campus, see subsection 13-204(c).

(13) engages in the unauthorized use of property, equipment, resources, supplies, buildings, or facilities owned or controlled by the University or the University of Texas System, including the unauthorized entry into property, buildings, or facilities owned or controlled by the University or the University of Texas System;

(14) furnishes false information to or withholds material information from any University staff member acting in the course of his or her duties;

(15) refuses to identify himself or herself to a University official, faculty member, or staff member acting in his or her official capacity;

(16) alters or assists in the altering of any official nonacademic record or document (including parking permits) of any University office or The University of Texas System;

(17) otherwise engages in conduct that is inappropriate for members of an academic institution (such conduct includes but is not limited to pranks, public nudity, harassing phone calls or e-mail, and berating or otherwise abusive behavior); or

(18) engages in an inappropriate or disproportionate use of an information technology resource owned or controlled by the University or The University of Texas System or uses an information technology resource for an illegal, threatening, or intentionally destructive purpose. Prohibited conduct includes but is not limited to circumventing system or network security, committing copyright infringement, transmitting unsolicited e-mail, sharing a University-issued password, falsifying an e-mail header, and using resources for personal financial gain or profit;

(19) engages in stalking. Stalking is defined as repeated conduct directed specifically at another person that reasonably causes that person, or a member of that person's family or household, to fear for his or her safety or that person's property. Such conduct can include but is not limited to repeated, close physical or visual contact, watching, following, or making direct or implied threats by phone calls, e-mails, letters, or messages; or

(20) engages in gambling, including in the residence halls.

(b) In the case of disruptive activity on the campus of the University, neither the dean nor the president, or any representative of them, shall negotiate or attempt to negotiate with any person or persons so engaged. When such a situation arises, the dean or the president, or their representative, shall take immediate action to utilize all lawful measures to halt and eliminate any and all such disruptive activities that come to their attention, and may initiate disciplinary proceedings under subchapter 11-300.[24]

(c) It is unlawful for any person on any property of the University to refuse to identify himself or herself to an institutional representative in response to a request. A person identifies himself or herself by giving his or her name and complete address substantiated by a current driver's license, voter registration card, or other official documentation, and by stating truthfully whether or not he or she is a student or employee of the University. An institutional representative includes any member of the Board of Regents or the executive secretary to the board; any executive officer or administrative officer of the system; any administrative officer of the University; and any attorney, peace officer, or security officer of the System or the University acting pursuant to the authority of Texas law.[25]

(d) Any person who violates any provision of the Regents' Rules and Regulations of the University of Texas System, the rules and regulations of the University of Texas at Austin, including but not limited to administrative rules of campus offices, or specific instructions issued by an administrative official acting in the course of his or her authorized duties, is subject to disciplinary penalty.

(e) It is a violation for a student to attempt to commit any violation of University rules or regulations, or to assist another person or persons in committing any violation of University rules or regulations.

(f) It is a violation to engage in action that interferes with or obstructs the student judicial process. This includes, but is not limited to, failing to appear for a meeting when summoned by letter or e-mail to do so, failing to appear at or testify at a hearing, attempting to intimidate, harass or unduly influence a potential witness or complainant, and failing to complete judicial sanctions.

Chapter 12. Counseling and Mental Health Center

Subchapter 12-100. General Provisions

Sec. 12-101. Purpose

The purpose of the services is to provide personal counseling, group counseling, and psychiatric services for students to help them promote, maintain, and improve their mental health and maximize their college experience.

Sec. 12-102. Definitions

In this chapter, unless the context requires a different meaning,

(1) "director" means the director of the Counseling and Mental Health Center;

(2) "services" means services provided by the Counseling and Mental Health Center;

(3) "University" means the University of Texas at Austin;

(4) "student" means a person enrolled at the University or a person accepted for admission or readmission to the University while that person is on the campus and is eligible for services.

Subchapter 12-200. Administration

Sec. 12-201. Duties of the Director

(a) The director shall

(1) maintain and administer the programs of the services so that they relate meaningfully to the needs of the student body and of the faculty;

(2) appoint assistants and coordinators for various phases of program planning, administration, and development; and

(3) designate specific staff members who will perform assigned duties in the absence of the director.

(b) The director is in charge of the Counseling and Mental Health Center, is administratively responsible to, and shall report regularly to the associate vice president for student affairs.

Sec. 12-202. Duties of the Associate and Assistant Directors

(a) The associate and assistant directors are responsible for the duties assigned by the director.

(b) During the director's absence, the associate and assistant directors assume the duties of the director.

Subchapter 12-300. Services Provided

Sec. 12-301. Services Provided to Students

The services provide general and specific functions which include

(1) individual counseling for personal issues;

(2) group programs and workshops for personal development;

(3) psychiatric evaluation and medication services;

(4) mental health consultation and outreach services;

(5) stress management and biofeedback resources;

(6) traumatic events responses and crisis interventions;

(7) internships and practicum programs for graduate-level students.

Sec. 12-302. Services Provided to the University

The agency provides mental health consultation services to faculty members, University residence personnel, and administrators regarding student mental health concerns.

Subchapter 12-400. Counseling and Mental Health Center Records

Sec. 12-401. Confidentiality of Records

(a) Confidentiality of the records of the Counseling and Mental Health Center is governed by the laws of the State of Texas and applicable federal law.

(b) With certain exceptions, a student is entitled to review or have access to the content of his or her confidential records.

6. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 4.2.

7. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 4.3.

8. See Regents' Rules and Regulations, Rule 50101, Number 2, Sections 5 and 5.5.

9. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 5.5(b).

10. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 5.3.

11. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 6.

12. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 3.

13. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 2.3.

14. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 7.

15. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 7.1.

16. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 7.3.

17. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 8.

18. See Regents' Rules and Regulations, Rule 50101.

19. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 2.2.

20. See Regents' Rules and Regulations, Rule 50101.

21. See Regents' Rules and Regulations, Rule 80102.

22. See Regents' Rules and Regulations, Rule 50101, Number 2, Section 2.3.

23. See Regents' Rules and Regulations, Rule 80110.

24. See Regents' Rules and Regulations, Rule 50303.

25. See Regents' Rules and Regulations, Rule 80101, Number 2, Sections 3 and 4.

General Information, 2008-2009

page 3 of 4 in Appendix C

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