General Provisions

Disciplinary Authority

  1. Oversight. The Office of Student Rights & Responsibilities within the Division of Student Affairs, as designated by the university’s president, oversees cases of non-academic student conduct. The Office of Student Rights & Responsibilities is responsible for:
    1. Recommending policies relating to student conduct;
    2. Formulating and recommending rules and enforcement procedures within the framework of existing policies; The disposal or referral of such individual cases as may properly come before it; and
    3. Recommending changes in the administration of any aspect of the Code to the Vice President of Student Affairs (or designee).
  2. Administration. The Office of Student Rights & Responsibilities may delegate jurisdiction to university officials, offices or hearing bodies, as necessary, to administer student conduct cases. These include but are not limited to the following:
    1. Assistant Dean of Students
    2. Residential Living and Learning/Fraternity and Sorority Life conduct boards
    3. Campus Recreation
  3. The University Hearing Board (“hearing board”) is a three- or five-member panel of faculty and staff members appointed by the Office of Student Rights & Responsibilities. The hearing board has the authority to hear cases assigned to it by the Office of Student Rights and Responsibilities and/or the Dean of Students.
  4. The University Appeals Board (“appeals board”) is a three- or five-member panel of faculty and staff members who hear student appeals for sanctions of “conduct probation” or higher, as outlined in the Student Conduct Procedures section of the Code. Appeals board members are drawn from the hearing board pool with the following requirements to serve:
    1. They did not serve on the hearing board for the initial hearing.
    2. They were not involved in the investigation in any way.
    3. They have been trained in appeals procedures.
    4. They have been vetted for conflicts of interest.

Application of the Student Code of Conduct

The following individuals are considered students for the purposes of administering the Code:

  1. A person currently enrolled at East Texas A&M; or
  2. A person who has been accepted for admission or readmission to East Texas A&M; or
  3. A person who has been enrolled at East Texas A&M in the semester or summer session that immediately follows.

Academic Integrity

Matters of academic integrity are the exclusive province of the Provost and Vice President for Academic Affairs and the Graduate School (See East Texas A&M University Graduate Student Academic Dishonesty policy 13.99.99.R0.10; Undergraduate Academic Dishonesty policy 13.99.99.R0.03). Students engaged in acts that may constitute both academic dishonesty and violations under the Code may be subject to sanctions under any of these authorities.

Jurisdiction

The Code applies to any behaviors that take place on the main campus of East Texas A&M (including the Dallas site) and at university-sponsored events. The Code may also apply to actions that occur off campus and online when the Office of Student Rights & Responsibilities determines that the conduct affects a substantial university interest. A substantial university interest is defined to include:

  1. Any conduct that is a violation of federal, state or local law;
  2. Any situation where it appears that the accused individual may present a danger or threat to the health or safety of others;
  3. Any situation that significantly has a negative effect/impact upon the rights, property or interest of self or others;
  4. Any situation that breaches the peace and/or causes a substantial disruption to the university community; and
  5. Any situation that is detrimental to the educational interests of the university.

Standard of Proof

In all cases of alleged violations of the Code, the standard of proof is the preponderance of the information (e.g., “more likely than not”). Reasonable belief is applied when making determinations regarding interim actions.

General Laws

Students or student organizations involved in alleged violations of any federal, state or local laws may be subject to disciplinary action. These allegations will be adjudicated using the university standard of proof and procedure. Investigations, adjudications and, where appropriate, disciplinary action may be imposed by the university before, after or in addition to adjudication by any non-university authority.

Student Rights and Obligations

The Code provides students, faculty and staff with a clear message regarding the value of students as individuals and the contributions they can make when they are given the freedom to do so. It also recognizes that a student's opportunity for education is only limited by the respect that they give to fellow students, faculty, staff and others.

  1. Students' rights are to be respected. These rights include respect for feelings, treatment with dignity, and conditions that allow students to make the best use of their time and talents. No faculty, staff or student, regardless of position, shall violate these rights; any custom, tradition or rule in conflict will not be allowed to prevail.
  2. Students are expected, at all times, to recognize constituted authority, to conform to the ordinary rules of good conduct, to be truthful, to respect the rights of others, to protect private and public property and to make the best use of their time toward obtaining an education.
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