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 governments 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 of the campus when the incident occurs in connection with an institution-oriented activity, or when the incident 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 sanctions will 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 members 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 the student is participating in off-campus activities sponsored by the University, including field trips, internships, rotations, and clinical assignments.

Sec. 11-103. Definitions

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

(1) “complaint” means written statement of the essential facts constituting a violation of a Regents’ Rule, University regulation, or administrative rule;

(2) “dean of students” means the dean of students of the University of Texas at Austin or the dean of students’ delegate or representative;

(3) “disciplinary record” or “student disciplinary record” means a student record as defined in section 9-202 of the Institutional Rules maintained by the dean of students in connection with a violation or an alleged violation of a Regents’ Rule, University regulation, or administrative rule. The disciplinary record may include complaints, notices, hearing records, disciplinary decisions, and other documents required under this chapter or deemed relevant by the dean of students;

(4) “disciplinary decision” means a written decision as to whether an accused student has committed a violation of a Regents’ Rule, University regulation, or administrative rule and includes the findings of fact in support of the decision along with the assessed sanction or sanctions, if any;

(5) “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;

(6) “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 will be a faculty member in the School of Law;

(7) “president” means the president of the University of Texas at Austin;

(8) “student” means a person who is 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;

(9) “University” means the University of Texas at Austin;

(10) “weekday” means Monday through Friday, except University holidays and days on which regularly scheduled classes are suspended due to emergent situations; “University holidays” are staff holidays as identified in the holiday schedule published by the Office of Human Resource Services; and

(11) “day” means calendar day, except University holidays and days on which regularly scheduled classes are suspended due to emergent situations; “University holidays” are staff holidays as identified in the holiday schedule published by the Office of Human Resource Services.

Subchapter 11-200. Administration of Discipline

Sec. 11-201. Administration by Dean of Students

The dean of students has primary authority and responsibility for the administration of student discipline. The dean of students works cooperatively with faculty members in the disposition of academic 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 of students may delegate to faculty members the authority to dispose of academic 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 or an office to coordinate the work of the hearing officer(s).

Subchapter 11-300. Initiation of Disciplinary Proceedings

Sec. 11-301. Investigation

(a) When the dean of students receives information that a student has allegedly violated a Regents’ Rule, University regulation, or administrative rule, he or she will investigate the alleged violation. Upon completing the preliminary investigation, the dean of students 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;

(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 of students 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 the 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. A request for a hearing under this subsection must be made within five days after the interim disciplinary action was taken. If requested by the student, such a hearing generally will 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. At the discretion of the dean of students, the ten-day period may be extended for a period not to exceed an additional ten days.

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

Sec. 11-302. Summoning a Student

(a) The dean of students 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 an address listed in the registrar’s records.

(b) The message will 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 of students 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 an address listed in the registrar’s records, a letter hand-delivered to the student, or an e-mail message sent to the address listed in the registrar’s records will constitute full and adequate notice. The student’s failure to provide and to maintain 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 will 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. Disposition of Violations by the Dean of Students

In any case where the accused student does not dispute the facts upon which the charges are based, the student and the dean of students will sign a disciplinary decision that includes a written waiver of the hearing procedures. The dean of students will assess a sanction or sanctions pursuant to subchapter 11-500 that is appropriate given the charges and the student’s disciplinary record, if any. The sanction or sanctions assessed by the dean of students may be appealed by the student in accordance with section 11-603.[7]

Sec. 11-304. Disposition of Academic Violations by Faculty Members

(a) When a faculty member has reason to suspect that a student has violated University regulations concerning academic dishonesty as defined in section 11-802, the faculty member may

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

(2) meet with the student(s) involved and discuss the alleged violation(s) and the documentation and/or information 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 academic dishonesty does not dispute the facts upon which the charges are based, the student and the faculty member will sign a disciplinary decision that includes a written waiver of the hearing procedures. The faculty member will assess an academic sanction pursuant to section 11-503. The faculty member will report the disciplinary decision, including the documentation and information that supports the disciplinary decision, to the dean of students. The dean of students may summon the student for consideration of an additional disciplinary sanction or sanctions in accordance with subsection 11-503(c).

(c) In any case where a student accused of academic 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 will refer the matter to the dean of students, who will then proceed under section 11-301.

(d) A student may appeal the sanction or sanctions assessed by a faculty member under subsection 11-304(b) by submitting a written appeal to the president within fourteen days from the date on which the student signed the disciplinary decision made in accordance with the procedures in subsection 11-304(b). The appeal is conducted in accordance with section 11-602. The appeal is restricted to the issue of the sanction or sanctions.

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 will be heard and determined by a hearing officer.[8] The hearing officer will preside over the hearing and will

(1) determine whether the dean of students has satisfactorily performed the requirements of section 11-402;

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

(3) certify the record of the hearing.

Sec. 11-402. Duties of the Dean of Students

The dean of students will

(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 the hearing.

Sec. 11-403. Notice

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

(b) The notice will 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 an address listed in the registrar’s records will 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 will notify the dean of students and the accused student of the new hearing date. The student’s failure to provide and to maintain 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 will not constitute good cause for failure to comply with the notice. (Policies on the use of e-mail for official correspondence are given in Appendix M.)

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

(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, and 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 at the hearing, then the dean of students may be advised by an attorney at the hearing. An adviser may confer with and advise the dean of students or the accused student but will 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 of students will make copies of documents to be introduced at the hearing available to the accused student.

(e) The dean of students may suspend or otherwise alter the status of an accused student who fails without good cause to comply with a notice sent under this section, or the dean of students may proceed with the hearing in the student’s absence. The student’s failure to provide and to maintain 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 will not constitute good cause for failure to comply with a notice sent under this section.

Sec. 11-404. Preliminary Matters

(a) Charges against more than one student that arise out of a single transaction or occurrence may, at the discretion of the dean of students, 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 will furnish the dean of students 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 will 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 desired, and the grounds for such a hearing (if the dean of students has designated that the hearing will be held in accordance with subsection 11-404[a]).

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 that person from serving. The challenge must be in writing, must state the reasons for the challenge, and must be submitted to the hearing officer through the Office of the Dean of Students at least three days prior to the hearing. It will 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 will be appointed.

Sec. 11-406. Hearing Procedure

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

(b) Although the hearing will proceed generally as follows, the hearing officer may adjust the sequence of the hearing as necessary to ensure fairness:

(1) the dean of students 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 of students and the accused student are each given the opportunity to make an opening statement; the accused student has the right to reserve his or her opening statement until after the dean of students has presented the University’s case;

(4) the dean of students is given the opportunity to present the University’s witnesses and evidence;

(5) the accused student is given the opportunity to present his or her witnesses and evidence;

(6) the dean of students and the accused student are each given the opportunity to present rebuttal evidence and argument;

(7) the dean of students is given the opportunity to present a recommendation on a sanction or sanctions;[10]

(8) the accused student is given the opportunity to present a rebuttal and recommended outcome or sanctions; [11]

(9) the dean of students is given the opportunity to present a closing statement;

(10) the accused student is given the opportunity to present a closing statement;

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

(c) If the student fails without good cause as determined by the hearing officer to appear at the scheduled hearing after receiving the proper notice in accordance with section 11-403, the dean of students may proceed with the hearing in the student’s absence and the student loses his or her right to appeal the disciplinary decision of the hearing officer under subchapter 11-600.

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, including testimony, that possesses probative value and is commonly accepted by reasonable people in the conduct of their affairs. The hearing officer will exclude irrelevant, immaterial, and unduly repetitious evidence. All evidence admitted during the hearing will be made a part of the record. The hearing officer will 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.[12]

(c) A witness will testify unless the testimony is privileged as recognized by law or is excluded by the hearing officer.

(d) The hearing officer will decide whether a violation has occurred and assess an appropriate sanction or sanctions solely on the basis of admitted evidence. The hearing officer may consider an accused student’s disciplinary record that was admitted into evidence at the hearing only in determining appropriate sanctions.

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

Sec. 11-408. Disciplinary Decision of the Hearing Officer

Within thirty days from the completion of the hearing, but not before the certification of the recording and of the transcript, if any, the hearing officer will render a written decision as to whether the accused student has committed a violation and will set forth findings of fact in support of the decision. The sanction or sanctions will also be stated in the decision. The accused student and the dean of students will each be given a copy of the decision. The hearing officer’s written decision is the official decision on the matter from which any appeal is taken.

Sec. 11-409. Hearing Record

The hearing record consists of

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

(2) the recording of the hearing certified by the hearing officer and the transcript, if any, certified by the court reporter, together with all evidence admitted under subsection 11-407(a);

(3) written motions and pleas; and

(4) the disciplinary decision of the hearing officer.

Subchapter 11-500. Sanctions

Sec. 11-501. Authorized Disciplinary Sanctions[13]

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

(1) written warning;

(2) disciplinary probation;

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

(4) bar against readmission, bar against enrollment, withdrawal from current enrollment, and/or drop from one or more classes;

(5) restitution;

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

(7) a failing grade for a test, an assignment, or a class, cancellation of all or part of previously earned course credit, and other academic sanction or sanctions;

(8) denial of degree;

(9) deferred suspension; (10) suspension from the University for a specified period of time; (11) expulsion (permanent separation from the University); (12) revocation of degree or withdrawal of diploma; (13) other sanction or sanctions as deemed appropriate under the circumstances.

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

Sec. 11-502. Nature of Disciplinary Sanctions

(a) “Written warning” means that the student has been notified that he or she has engaged in behavior that violated a rule or regulation of The University of Texas System or the University and that a further violation or violations of the regulations may result in more severe disciplinary action. The dean of students 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) will be considered an additional violation. A written warning constitutes disciplinary action but does not establish a formal, reportable disciplinary record for the student.

(b) “Disciplinary probation” means that the student has engaged in behavior that violated a rule or regulation of The University of Texas System or the University and may be required to report to the dean of students on a regular basis during the probationary period. A further violation or violations will result in consideration of suspension. The dean of students 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) will be considered an additional violation.

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

(d) As appropriate under the circumstances, the dean of students or the hearing officer may impose a bar against the student’s readmission or enrollment, may drop the student from one or more classes, or may withdraw the student from the University. One or more of these sanctions may also be imposed on a student who fails to respond to a summons by the dean of students to discuss an alleged violation of the Regents’ Rules and Regulations, University regulations, or administrative rules. If imposed for failure to respond to a summons, the sanction or sanctions may be reversed when the student responds to the summons as requested.

(e)“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.

(f) Suspension of rights and privileges is an elastic sanction. The dean of students 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 the student on whom it is imposed, during the period of suspension, 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.

(g) A failing grade or other academic sanction may be assigned to a student for a class in which he or she is found to have violated the University’s regulations regarding academic dishonesty.

(h) A student found to have violated the University’s regulations regarding academic dishonesty may be denied his or her degree. If the disciplinary process under this chapter is initiated while the accused student is completing required work for a degree but will not be resolved until after the completion of all required work for a degree, the accused student may be denied his or her degree until the completion of the disciplinary process.

(i) Deferred suspension permits the sanction of suspension to be deferred for a student for whom there are mitigating circumstances as determined by the dean of students or the hearing officer. If a student is found to have violated any rule of the University or The University of Texas System while the sanction of deferred suspension is in effect, the sanction 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 sanction may not. The dean of students or the hearing officer may impose conditions related to the offense, and failure to meet such conditions will be considered an additional violation.

(j) Suspension from the University prohibits the student on whom it is imposed, during the period of suspension, from entering the University campus without prior written approval of the vice president for student affairs,[14] from being initiated into an honorary or service organization, and from receiving credit for academic work done during the period of the suspension. Suspension may also prohibit the student from being admitted to, enrolling at, or entering the campus of another component institution of The University of Texas System without prior written approval of the chief student affairs officer of the institution at which the student wishes to be present. The dean of students or the hearing officer may, however, permit the student to receive credit for academic work completed at another institution during the period of suspension, except when suspension is imposed for academic dishonesty. The dean of students or the hearing officer may impose conditions related to the offense, and failure to meet such conditions or terms of the sanction will be considered an additional violation.

(k) Suspension from the institution and/or suspension of rights and privileges is the sanction that will be assessed for violation of the rules against illegal use, possession, and/or sale of a drug or narcotic on campus.[15]

(l) Expulsion is a permanent separation from the University and prohibits the student on whom it is imposed from entering the University campus without prior written approval of the vice president for student affairs. Expulsion may prohibit the student from being admitted to, enrolling at, or entering the campus of another component institution of The University of Texas System without prior written approval of the chief student affairs officer of the institution at which the student wishes to be present.[16]

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

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

Sec. 11-503. Authorized Academic Sanctions

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

(1) written warning that further academic violations may result in a more severe sanction;

(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 class;

(5) educational seminars recommended by the Office of the Dean of Students.

(b) The dean of students, with approval of the student’s academic dean, may assign an academic sanction for violation of a University regulation concerning academic dishonesty to a student who fails to comply with subsection 11-302(c) or subsection 11-403(e) without a showing of good cause to the dean of students. A disciplinary decision issued under this subsection is not eligible for appeal under subchapter 11-600.

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

Subchapter 11-600. Appeal

Sec. 11-601. Right to Appeal

(a) The accused student may appeal a sanction assessed by a faculty member under subsection 11-304(b) to the president.

(b) The accused student may appeal a sanction assessed by the dean of students under section 11-303 or subsection 11-304(b) to the president.[17]

(c) Either the dean of students or the accused student may appeal a disciplinary decision issued by a hearing officer under section 11-408 to the president.[18]

Sec. 11-602. Appeal of Academic Sanctions Assessed by a Faculty Member

(a) The accused student may appeal the sanction or sanctions assessed by a faculty member under subsection 11-304(b) by submitting a written appeal to the president within fourteen days from the date on which the student signed the disciplinary decision. The written appeal must state the specific reasons for the appeal and must include any related argument.[19]

(b) The appeal is restricted to the assessed sanction or sanctions.

(c) The student must provide a copy of the written appeal to the dean of students.

(d) The dean of students may submit to the president a written response to the appeal and a copy of the disciplinary decision. These documents, if submitted, must be submitted no later than five days after the president received the appeal. The dean of students must provide a copy of the documents to the accused student. The dean of students’ submission of a response to the appeal will not extend the thirty-day period within which the action of the president will be communicated as outlined in subsection 11-602(f).

(e) The appeal of the sanction or sanctions assessed by the faculty member will be reviewed solely on the basis of the disciplinary decision, the written argument of the student, and the response to the appeal submitted by the dean of students. Oral arguments will not be considered.

(f) The action of the president will be communicated in writing to the accused student and the dean of students within thirty days after the appeal has been received by the president. The decision of the president will be final.[20]

Sec. 11-603. Appeal of Sanctions Assessed by the Dean of Students

(a) The accused student may appeal the sanction or sanctions assessed by the dean of students under section 11-303 or subsection 11-304(b) by submitting a written appeal to the president within fourteen days from the date on which the student signed the disciplinary decision. The written appeal must state the specific reasons for the appeal and must include any related argument.[21]

(b) The appeal is restricted to the assessed sanction or sanctions.

(c) The student must provide a copy of the written appeal to the dean of students.

(d) The dean of students may submit a written response to the appeal to the president. The response, if any, must be submitted no later than five days after the president received the appeal. The dean of students must provide a copy of the response to the accused student. The dean of students’ submission of a response to the appeal will not extend the thirty-day period within which the action of the president will be communicated as outlined in subsection 11-603(f).

(e) The appeal of the sanction or sanctions assessed by the dean of students will be reviewed solely on the basis of the disciplinary decision, the written argument of the student, and the response to the appeal submitted by the dean of students. Oral arguments will not be considered.

(f) The action of the president will be communicated in writing to the accused student and the dean of students within thirty days after the appeal has been received by the president. The decision of the president will be final.[22]

Sec. 11-604. Appeal of the Decision of the Hearing Officer

(a) Either the accused student or the dean of students may appeal the disciplinary decision of the hearing officer issued under section 11-408 by submitting a written appeal to the president within fourteen days from the date the appealing party was notified of the disciplinary decision. If notice of the disciplinary decision is sent by mail, the date the disciplinary decision is mailed initiates the fourteen-day period. The written appeal must state the specific reasons for the appeal and must include any related argument.[23]

(b) If the accused student is the appellant, the student must provide the dean of students with a copy of the appeal submitted to the president. If the dean of students is the appellant, the dean of students will give or mail a copy of the appeal to the accused student on the same day that the dean of students submits the appeal to the president. If the copy of the appeal is mailed, the dean of students will mail it to the student at an address listed in the registrar’s records.

(c) The non-appealing party may submit a written response to the appeal to the president. The response, if any, must be submitted no later than five days after the president received the appeal. The non-appealing party must provide a copy of the response to the other party. The response must be limited to and specifically related to the arguments originally submitted by the appealing party. New or additional information not specifically related to the original arguments submitted will not be considered on appeal. Submission of a response to the appeal will not extend the thirty-day period within which the action of the president will be communicated as outlined in subsection 11-604(f).

(d) At the discretion of the president, both parties may present oral arguments in an appeal of the disciplinary decision of the hearing officer. Should oral arguments be granted, the deadline described in subsection 11-604(f) may be extended at the discretion of the president.

(e) The appeal of the disciplinary decision of the hearing officer will be reviewed solely on the basis of the hearing record. The dean of students will submit the record from the hearing to the president as soon as it is available to the dean of students.

(f) The action of the president will be communicated in writing to the accused student and the dean of students within thirty days after the appeal has been received by the president. The decision of the president will be final.[24]

Sec. 11-605. President’s Authority

The president may approve, reject, or modify the disciplinary decision or sanction(s) in question or may require that the original hearing be reopened for the presentation of additional evidence and reconsideration of the disciplinary decision. It is provided, however, that upon a finding of responsibility in a case involving the illegal use, possession, and/or sale of a drug or narcotic on campus, the sanction is prescribed by subsection 11-502(k).[25]

Sec. 11-606. Effect of Appeal Upon Disciplinary Action

A timely appeal suspends the imposition of the sanction or sanctions 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(c).

Subchapter 11-700. Disciplinary Records[26]

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 of the Institutional Rules. Invasion of the accused student’s privacy will be avoided to the greatest extent possible.

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

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

Sec. 11-702. Notice to Administrative Offices

(a) The dean of students will notify the Office of the Registrar and other appropriate administrative offices if a disciplinary sanction restricts a student from being enrolled at the University during the period of the sanction. A bar may be imposed by the dean of students if one of the following sanctions 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 of students will notify the Office of the Registrar and other appropriate administrative offices if any of the sanctions of withholding grades, withholding official transcript or degree, denial of degree, or revocation of degree and withdrawal of diploma are imposed.

Subchapter 11-800. Student Standards of Conduct[27]

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 abide by the University Honor Code, 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 academic work, and to observe standards of conduct appropriate for a community of scholars.

The University’s Honor Code is, “The core values of The University of Texas at Austin are learning, discovery, freedom, leadership, individual opportunity, and responsibility. Each member of the University is expected to uphold these values through integrity, honesty, trust, fairness, and respect toward peers and community.”

Sec. 11-802. Academic Dishonesty[28]

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

(b)“Academic dishonesty” or “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 classes 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, project, or other assignment;

(2) failing to comply with instructions given by the person administering a test, project, or other assignment, or given in conjunction with the completion of course requirements;

(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, electronic devices, 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) providing aid or assistance to another student or individual, without authority, in conjunction with a test, project, or other assignment;

(5) discussing the contents of a test with another student who will take the test;

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

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

(8) using, buying, stealing, transporting, soliciting, or coercing another person to obtain answers to or information about an unadministered test, project, or other assignment;

(9) falsifying research data, laboratory reports, other academic work offered for credit, or work done in conjunction with the completion of course requirements; and

(10) 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 academic dishonesty.

(f) “Falsifying academic records” includes, but is not limited to, altering or assisting in the alteration of any official record of the University or The University of Texas System and 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 resumes; 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; and 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 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.[29]

Sec. 11-804. Certain Other Offenses[30]

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

(1) engages in conduct that violates any provision of federal, state, 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 of students;

(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 threatens or 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, Rule 50101, Number 2, Section 2.8, state 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;[31] 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, or sale of a drug or narcotic or possession of drug paraphernalia;[32]

(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 on the University campus that is not designed and maintained for recreational or therapeutic purposes; 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 damages, defaces, or removes any portion of any fountain, monument, building, statue, structure, facility, tree, shrub, or memorial located on the University campus;[33]

(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) of the Institutional Rules;

(13) engages in unauthorized use of property, equipment, resources, supplies, buildings, or facilities owned or controlled by the University or The University of Texas System, including 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 official, faculty member, or 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 alteration of any official nonacademic record or document (including parking permits) of any University office or of The University of Texas System;

(17) 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;

(18) 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 may include but is not limited to repeated, close physical or visual contact, watching, following, and making direct or implied threats by phone calls, e-mail messages, letters, or messages;

(19) engages in gambling, including in the residence halls; or

(20) 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 messages, and berating or otherwise abusive behavior.

(b) In the case of disruptive activity on the campus of the University, neither the dean of students nor the president nor any representative of them will negotiate or attempt to negotiate with any person or persons so engaged. When such a situation arises, the dean of students or the president, or their representative, will 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.[34]

(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; 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.[35]

(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 (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 sanction.

(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 disciplinary 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 will

(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 and is administratively responsible to and will 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.