Student Code of Conduct


Student Code of Conduct
Purpose of The Code

The primary concern of Texas Wesleyan University is the student. In order to preserve a campus community that is conducive to academic endeavor and individual and social growth, it is sometimes necessary to confront and hold accountable members of the student body. Procedures have been designed to provide a fair and reasonable Conduct process. Enrollment in the University requires that the student accept the student conduct code and other applicable student policies, which are designed to help students understand the University’s expectations and acknowledge their responsibility for their development. The purpose of the University’s discipline response is to educate the student, change future behavior and protect the rights of others in the community.

Authority for Discipline

The Dean of Students has primary responsibility and authority for the administration of student discipline. The Dean of Students may designate members of their staff or a committee to investigate, process and administer decisions regarding student discipline.

Observance of Law

The University expects that each student, regardless of their place of residence, will not only observe all federal, state and local laws, but also will observe all University rules and policies relating to student conduct. Any student who violates any laws, rules or policies is subject to disciplinary action, up to and including dismissal from the University. In addition, the student may be subject to criminal and civil action through governmental judicial systems as a result of these violations.

Changes in the Code

The Board of Trustees has the authority to modify or change the Code of Student Conduct and Discipline at any time without prior written notice. In addition, appropriate University officials may modify the Code at any time in order to affect justice. Such changes will be distributed to the University community, including students, in a timely manner.

University Communications

Texas Wesleyan University will make every attempt to communicate with students in a timely and effective manner. The University will utilize U.S. mail, campus mail, telephone calls and university email to communicate official University business. It is the student’s responsibility to respond appropriately in a timely manner to the requests of the University. It is also imperative for students to keep their address and telephone numbers current.

Administrative Suspension

If, in the judgment of the Provost and/or Dean of Students, a student’s behavior is disruptive to the educational process and/or a potential danger to a student and/or faculty/staff member and/or other individual in an off-campus Wesleyan educational placement (e.g. internship, practicum, or other), an administrative suspension may result.

University Officials and/or employees will not release any information regarding the reasons for the administrative suspension other than verifying the status (Right to Privacy Act).

An exception will be made if the student gives written permission to disclose information regarding suspension.

All disciplinary files and permission letters will be kept in the Office of the Dean of Students. The Dean of Students or her/his designee is the only person authorized to discuss the case with anyone outside the University. Administrative suspension may be made by the Dean of Students and/or the Provost.

Category One Student Code Violations

The violations listed below are not all encompassing. The Dean of Students and other university officials are given discretion in addressing student incidents that are not described or listed.

    1. Minor disturbances of the peace
    2. Violation of minor residence life policies. Refer to the residence life section of the Student Handbook for specific policies.
    3. Violation of parking/safety regulations.
    4. Engaging or threatening to engage in behavior that would cause minor damage to university or personal property.
    5. Failure to comply with reasonable directives of University officials, faculty, or staff members acting in the performance of their duties.
    6. Smoking outside of the designated smoking areas.
    7. Failure to present official University ID card upon request by university authorities.

Sanctions assigned as disciplinary responses to Category One violations may include, but are not limited to:

  1. Writtin Warning
  2. Fine and/or Restitution.
  3. Discretionary Assignments.
  4. Loss of Privilege.
Category Two Student Code Violations

The violations listed below are not all encompassing. The Dean of Students and other university officials are given discretion in addressing student incidents that are not described or listed.

    1. Repeated violations of category one violations.
    2. Furnishing false or misleading information to any University office or official.
    3. Forgery, alteration or misuse of any University document, record or instrument of identification.
    4. Tampering with the election of any University-recognized student organization.
    5. Unauthorized entry, attempted entry or use of university buildings, property, facilities, equipment, supplies or resources.
    6. Attempted or actual theft of personal property of a member of the University community or of a campus visitor.
    7. Knowingly accessing a computer, computer network, computer system or telephone system beyond the standard assigned and/or accepted permissions.
    8. Unauthorized possession, duplication or use of University keys.
    9. Interfering with or disrupting any University event, business activity or educational purpose.
    10. Indecent, inappropriate, lewd or obscene behavior or language.
    11. Use, possession or storage on campus of swords, knives over six inches, airsoft guns, air rifles, or other facsimile weapons. Please refer to section XII for further explanation of the University Weapon Policy.
    12. Use, possession or distribution of alcoholic beverages or empty containers on campus is prohibited except for designated areas. Public intoxication on University Property or at university events is prohibited. Please refer to section XIII for further explanation of the University Alcohol Policy.
    13. Violation of federal, state, civil or criminal laws or city ordinances, regardless of whether the act occurred on or off campus.
    14. Conspiring, planning or attempting to achieve any of the above acts.

Sanctions assigned as disciplinary responses to Category Two violations may include, but are not limited to:

  1. Level One Conduct Probation for an assigned period of time
  2. Level Two Conduct Probation for an assigned period of time. Placement on Level Two Conduct Probation prohibits students from holding an elective office on campus or representing the university on or off campus in an official capacity.
  3. Loss of Privilege
  4. Fine and/or Resitution
  5. Discretionary Assignments
  6. Referral to On-Campus Counseling or Assessment
  7. Removal from University Housing
  8. Suspension or Dismissal
Category Three Student Code Violations

The violations listed below are not all encompassing. The Dean of Students and other university officials are given discretion in addressing student incidents that are not described or listed.

    1. Repeated violations of category one and two violations.
    2. Physical and verbal abuse, threats, intimidation, harassment, coercion and/or other conduct that threatens or endangers the health or safety of any person.
    3. Sexual assault or other non-consensual sexual activity. Please refer to section XI for further explanation of the University Sexual Assault Policy.
    4. Causing physical or emotional harm to any member of the University community.
    5. Creating a hostile environment by engaging in hate speech, sexual or verbal harassment, stalking, and/or cyber harassment.
    6. Use, possession, or storage on campus of ammunition, firearms, guns, fireworks, corrosive or explosive chemicals, or other objects that are dangerous, flammable or that could cause damage by fire or explosion to persons or property. Please refer to section X for further explanation of the University Weapon Policy.
    7. Students found under the influence of, in possession of, manufacturing of, or distribution of illegal drugs and controlled substances.
    8. Violation of federal, state, civil or criminal laws or city ordinances, regardless of whether the act occurred on or off campus.
    9. Conspiring, planning or attempting to achieve any of the above acts.

Sanctions assigned as disciplinary responses to Category Two violations may include, but are not limited to:

  1. Level One Conduct Probation for an assigned period of time
  2. Level Two Conduct Probation for an assigned period of time. Placement on Level Two Conduct Probation prohibits students from holding an elective office on campus or representing the university on or off campus in an official capacity.
  3. Loss of Privilege
  4. Fine and/or Resitution
  5. Discretionary Assignments
  6. Referral to On-Campus Counseling or Assessment
  7. Removal from University Housing
  8. Suspension or Dismissal
  9. Denial of readmission without approval of Dean of Students or his or her designee
  10. Expulsion: Students expelled must leave the campus within 24 hours or earlier, if the discipline authority directs.
Academic Integrity

Academic freedom is the cornerstone to a university education. It allows students to examine, learn, and synthesize various topics. Freedom is predicated on integrity, trust, and honesty. All undergraduate and graduate students, faculty and staff are expected to show integrity in their academic work, including discussion, written submissions, examinations and laboratory work. Failure to conduct academic work honestly is a serious breach in trust and is considered a serious offense.

It is the student’s responsibility to read and understand the complete Academic Integrity policy, forms of misconduct, hearing and appeals procedures as well as the possible sanctions as published in the Texas Wesleyan University’s Undergraduate and Graduate Catalogs. The current catalogs can be accessed on the University’s Website (www.txwes.edu) under The Office of the Registrar or obtained in the Office of Student Records or Registrar’s office on the third floor of the Oneal-Sells Administration Building.

Student Behaivor Policy

As student behavior reflects on the University’s public image and its ability to recruit and retain students, students participating in University sponsored activities or events, including athletics, are required to conduct themselves in a professional and ethical manner.

A University sponsored activity or event is defined as any activity or event that involves the use of University resources, e.g. funds, facilities or employees. Student activity sponsors, including faculty, staff, and coaches are required to monitor student behavior during sponsored activities and to correct and/or report misconduct to the dean of students or other appropriate University official.

Sexual Assault Policy

The University believes that students and employees should be able to study and work in a safe environment. Reports of sexual assault on campus or assaults alleged to have been perpetrated by University students or employees shall be taken seriously and promptly investigated. Furthermore, the complainant shall be advised and encouraged to report the assault to the law enforcement agency.

The University, through Office of Student Life, residential hall programs, and the University counselor sponsors programs that encourage students to report sexual assaults as well as educates them about prevention. Programs are open to all students and employees.

If a student is the victim of a sexual assault, he or she is encouraged to immediately report the alleged assault to the dean of students, director of counseling, director of health services or campus security. All of the preceding offices, except security, director of health services and the counselor, are located in the Brown-Lupton Campus Center. Security is located in O.C. Hall 121. The counselor’s office is located in the Glick House on Avenue D. The Director of Health Services is located in West Village Apt 817. Campus security may be reached twenty-four hours per day by calling (817) 531-4911. Every effort should be made to preserve the alleged crime scene and any associated evidence.

All investigations of sexual assault will fall under the Title IX policy and procedures outlined in the Unified Harassment, Discrimination and Title IX Policy.

Once it is determined that a sexual assault has occurred and an investigation is completed, the University may impose sanctions up to and including expulsion against the parties involved. The accuser and the accused shall be entitled to the same rights or opportunities as offered through the disciplinary process. Both shall be informed of the outcome of any campus disciplinary proceeding.

Counseling and victim assistance is available through the rape crisis hotline by calling (817) 927-2737. The University will also offer free counseling to victims of sexual assault through the counselor’s office. The counselor may be reached by calling (817) 531-4859. Information shall be held in strict confidence.

Definition of Sexual Consent

Sexual activity requires consent, which is defined as clear, unambiguous, and voluntary agreement between the participants to engage in specific sexual activity. Consent cannot be inferred from the absence of a "no"; a clear "yes," verbal or otherwise, is necessary. Although consent does not need to be verbal, verbal communication is the most reliable form of asking for and gauging consent, and individuals are thus urged to seek consent in verbal form. Talking with sexual partners about desires and limits may seem awkward, but serves as the basis for positive sexual experiences shaped by mutual willingness and respect.

Consent cannot be obtained from someone who is asleep or otherwise mentally or physically incapacitated, whether due to alcohol, drugs, or some other condition. Consent cannot be obtained by threat, coercion, or force. Agreement given under such conditions does not constitute consent.

Consent must be clear and unambiguous for each participant throughout any sexual encounter. Consent to some sexual acts does not imply consent to others, nor does past consent to a given act imply ongoing or future consent. Consent can be revoked at any time. For all of these reasons, sexual partners must evaluate consent in an ongoing fashion and should communicate clearly with each other throughout any sexual encounter.

Weapon Policy

Students shall not carry or store a weapon on University property. Weapons include but are not limited to: BB/pellet guns, paint guns, air guns, air soft guns, tasers, knives with blades over six inches, swords (including decorative), imitation or facsimile weapons, fireworks, explosive devises, martial arts weapons and includes those weapons for which the employee or student may possess a license for (e.g. a concealed handgun). No weapon may be concealed in a student’s vehicle parked on University property.

Weapons or imitation weapons, including airsoft guns, are not to be used in any game or play situations unless approved by the Dean of Students.

Alcohol and DrugPolicy
Alcohol Policy

The University prohibits the possession, use or distribution of alcohol on campus with the exception of the President’s suite, Trustee Conference Room, East Room of the West Library, Court Complex of the Wesleyan Law School, and other campus locations as authorized by the University President. Alcohol beverages may be served at off-campus functions under certain provisions:

  1. A third-party vendor (licensed bartender covered by site liability) sells and distributes the alcoholic beverages.
  2. Neither the sale nor use of alcoholic beverages shall in any way violate federal, state or local ordinances.
  3. Alcoholic beverages are not the formal focus of the activity.
  4. Advertisement of the event may not use alcohol as a draw.
Authorization Procedures For Off Campus Use/Service

All off campus events that are sponsored by Texas Wesleyan University or a campus organization and which serve alcohol must have proper authorization. An “Alcohol Permit Form” must be obtained and approved by the Dean of Students. To receive approval, the group must show the following according to federal guidelines:

  1. A variety of non-alcoholic beverages will be conveniently and readily available.
  2. Adequate food must be provided.
  3. A carding and labeling procedure must be enforced, if minors are present.
  4. Transportation arrangements must be made available if necessary.
  5. A person who is responsible for compliance, monitoring the event and enforcing University, local, state and federal laws must be designated.
  6. All alcoholic beverages must be kept in a secure and designated area.
  7. Flyers, signs and other forms of advertisement and their locations must be approved.
  8. Adequate security for safety and policy enforcement must be available.
  9. The organization is responsible to ensure that the vendor follows the criteria established on the permit. Any deviation from the permit without prior written consent constitutes a violation of this policy.

Organizations or groups that violate these policies will be subject to any or all of the following sanctions:

  1. The loss of off campus alcoholic privileges for up to one year.
  2. The loss of campus reservation privileges for up to three months.
  3. A fine of up to $100.
  4. A fine of up to $50 for the organization's or group's president.
  5. Up to 100 hours of community service for the organization or group.

Alcohol and Behavior

The use of alcohol will not, under any circumstance, be accepted as an excuse for irresponsible behavior such as the making of excessive noise, vandalism, violence, etc. The legal definition of "intoxication" is a condition that results in a person's normal faculties, either of perception, physical ability or judgment, being impaired so that he/she no longer has the capacity to form or entertain a specific intent.

Legal symptoms include red, bloodshot eyes; slurred speech; odor of alcohol; and common odors associated with an alcoholic beverage. Students who are under the influence of alcohol and who are excessively noisy, abusive, do not obey University staff or Security or who break any University rules will be charged with disorderly conduct.

Drug Policy

 

The use, possession, presence, sale, and/or distribution of illegal drugs (those specified as illegal by federal, state and local laws) and/or drug paraphernalia on and off campus will lead to disciplinary action and/or criminal action. Special efforts are made to keep drugs off campus and to prevent the distribution or sale of illegal drugs on campus.

Drug and Alcohol Counseling

The University provides alcohol/drug counseling through the Glick House Counseling Center free of cost to all Texas Wesleyan Students. You may reach them at 817-531-4859 or email smethvin@txwes.edu

Policy on Parental Notification for Alcohol and Drug Violations

The Family Educational Rights and Privacy Act (FERPA) permits colleges and universities to inform the parents/guardians of a student under age 21 if such student is found in violation of university or Federal/State alcohol or drug rules. Therefore, Texas Wesleyan University will adhere to the following policy to notify parents or guardians of students involved in alcohol and drug incidents:

  1. If a registered student under the age of 21 is involved in a university policy violation and/or Federal or Texas state law violation for public intoxication, the possession, consumption or distribution of alcohol or illicit drugs, the student’s parent(s) or guardian(s) may be notified in writing of the incident by the Dean of Students Office.
  2. The parent(s) or guardian(s) of a registered student, without respect to the student’s age, may also be notified in the event of the student’s alcohol or drug violation or misuse where such notification is necessary to protect the health or safety of the student or other individuals. This may include, but is not limited to, the following situations: (1) the student is transported to an emergency medical treatment facility for drug use or alcohol intoxication; (2) medical attention to any person, including the student, is required as a result of the student’s alcohol or drug related behavior; and (3) the student demonstrates a reckless disregard for his or her personal safety or the safety of others.
Good Samaritan and Medical Amnesty Policy

Texas Wesleyan University is first and foremost concerned about the primary welfare of its student body. In order to promote the safety of our student population, Texas Wesleyan has implemented a Good Samaritan and Medical Amnesty Policy. Community members are expected to act out of concern for themselves and others. Recognizing that there are times when members of the community find themselves in positions where medical or emergency help is needed, the University has established this Good Samaritan and Medical Amnesty Policy.

Students who seek emergency assistance for themselves (Medical Amnesty) or another person (Good Samaritan) due to an emergency situation may not be subject to the Texas Wesleyan discipline process. An emergency situation may be defined as involving a threat or danger to the health or safety of any individual including alcohol poisoning, drug overdose, sexual assault (victim) or physical abuse (victim). Students may be required to go through an educational process.

Only the student who had a medical emergency and the individual(s) who call emergency medical assistance and remain with the student until help arrives will fall under the Good Samaritan and Medical Amnesty Policy. (This policy does not preclude disciplinary action regarding other violations of the Code of Conduct, such as causing or threatening physical harm, sexual assalut, damage to property, harassment, hazing, etc.)

If a Student Organization has been found in violation of the university’s alcohol and/or drug policy, then the organization’s willingness to seek medical assistance may be viewed as a mitigating factor if or when sanctions are issued.

In the event of an emergency, students are directed to call 911 for immediate medical assistance.

Student Complaint Policiy

Texas Wesleyan University recognizes the value of information provided by students about the performance of the University in providing the services and meeting the goals which our mission describes. It is University policy to invite feedback, and, whenever possible, to use that feedback to continue to improve the services and functions of the University.

Ideally, students will be able to resolve any problems by dealing directly with the individual (such as a faculty or staff member) or office (such as a student service or administrative office) involved. However, if a student is unable to reach a satisfactory resolution and wishes to pursue the matter further, or if a student wishes to register a formal complaint, a written complaint may be addressed to the Office of Provost.

Written complaints should contain the following information:

  1. The complainant's name and contact information
  2. A clear description of the problem or complaint
  3. Appropriate supporting documentation that is directly related to the complaint
  4. A description of any subsequent actions taken by the complainant or the University
  5. A description of the desired outcome

All written complaints received and copies of any responses will be kept on file in the Office of the Provost. Complaints that are unsigned or are not received in written format (e.g., complaints received by phone or electronically) will not be considered.

The Provost will respond to each complaint within 15 business days of receipt. If no other action was requested, the response will acknowledge receipt of the complaint. If further action is requested, the response will describe the actions to be initiated by Office of the Provost and any further information from the complainant that may be required.

Academic Matters
Written complaints about grades will not be addressed by the Office of the Provost unless the student has already discussed the grade with the course instructor, the department or division head (if any), and the appropriate Dean, respectively. Appropriate documentation would include copies of the student's coursework, the course syllabus, and any other materials related to specific assignments (such as handouts or correspondence with the instructor).

Non-Academic Matters
Written complaints about administrative or other student services should be directed initially to the appropriate office but may be submitted to the Provost if satisfactory resolution is not achieved. Appropriate documentation would include copies of any relevant contracts, notices, or other official or informal correspondence with the office or other University personnel.

Campus Conduct Hotline

As part of our University’s continuing effort to promote “zero tolerance” of unethical conduct in the workplace, I am pleased to announce a new service. 87 It is called Campus Conduct Hotline 88 and it is designed to minimize any apprehension you may have and make it possible for you to report concerns about possible violations of our institution’s ethics and employment policies. 89 The Campus Conduct Hotline 90 system is available for your use around the clock, seven days a week. 91 Because the Hotline is operated by an independent organization, any calls made through this Hotline are completely confidential and anonymous.

Using this new reporting service is easy. 92 If you have a question or concern about a possible violation of our Code of Ethics or employment policies, simply dial toll-free to 866.943.5787.
Once you have dialed the toll-free number, here is how the reporting and follow-up processes work:

  1. Your call will be greeted promptly and courteously by a person who makes certain you understand the Campus Conduct Hotline 93 program and how it functions. 94 If you prefer to make your report in a language other than English, just let the person who answers know and they will arrange for a translator to participate.
  2. At the beginning of the interview, you will be provided with a five digit, randomly generated case number that you should use to check back for updates and requests for additional information. 95 Be sure to write this number down and remember where you put it!
  3. You will then be interviewed about the question or concern that is on your mind. 96
  4. Your interview will not be recorded. 97 Instead, the interviewer will be typing notes of your conversation. 98 Whether or not you choose to provide your name is completely up to you.
  5. Within one business-day of your call, a summary of the interview will be forwarded to our institution. 99 Our goal will be to have a basic response back to you in five business days.
  6. To receive your response, you will need to call back and provide the five digit case number that has been assigned to you. 00 At that time, you might be asked to provide additional information or to call back at a later date. 01 You will be able to keep checking back for updates until your case is closed.

Because of the built-in confidentiality, it is important that you try to be as specific as possible about the information you provide. 02 For example, we will need to know the name of the department you work in and the location you are calling about. 03 And, please be sure to call back in five business days to check to see if any additional information is needed. 04 Alternatively, if you would like someone to contact you directly, you can leave your name along with a phone number where and when you would prefer to be called.

To repeat, at no time is any caller required to identify himself or herself and all information provided can be completely confidential and anonymous.

We are committed to maintaining the highest ethical standards in our workplace. 05 If you experience or observe what you believe is inappropriate behavior and are unsure what to do, I hope you will use the Campus Conduct Hotline 06 to report it.

Disciplinary Process
Philosophy and Purpose

Admittance to Texas Wesleyan University and attendance is a privilege granted on the assumption that the individual, who has voluntarily enrolled in the institution, shares the university’s values and goals and is committed to its purpose. Texas Wesleyan University expects its students to comply with all civil and criminal laws as well as all applicable University policies. The foundation of the University’s expectation of its students is found in the Code of Student Conduct and Discipline. Student conduct that violates these laws or policies may result in University disciplinary sanctions. The purpose of the Disciplinary System is to provide a fair, educational process for accountability of student conduct; to promote the development of individual integrity; to protect the rights of members of the University community; and to uphold the Code of Student Conduct and Discipline.

Structure

A student alleged to have committed an act of misconduct shall be notified in writing to contact a designated Student Life staff member to schedule a preliminary meeting. If several students are alleged to have participated in the same incident, each student’s case will be heard separately.

The following will be included in official notices:

  1. A notification that an incident has been reported to the Dean of Students.
  2. A notification to set a meeting with the Dean of Students or his/her designee.
Prelimenary Meetings

At the preliminary meeting, the staff member will discuss the following with the student: University policies, including the Conduct System; the student’s alleged behavior that led to the complaint, and the student’s Conduct System options regarding the administrative track and the conduct board track. The student also will receive a copy of the incident report edited only to the extent that the accusers identity is blocked.

At this preliminary meeting, the student will select which disciplinary track option he/she would like to utilize within the Conduct System. If the Conduct Board, chaired by the Student Government Association Chief Justice, is not formed or is reasonably unavailable to meet, then the student will choose the administrative track. Once the track is selected, the student must remain in that track throughout the process, including any appeals. The staff member has the option and sole discretion to send the student directly to the conduct board track if he/she feels that it will be more beneficial. The student will be given at least three class days before he/she is expected to appear before the disciplinary authority selected.

Cases involving assault, sexual assault, and illegal drugs will be heard solely through the administrative tract due to sensitive information and possible criminal implications.

Waiver of Hearing Due to Guilty Plea
A student may waive the right to a hearing if he/she admits to the alleged violation and accepts the proposed sanctions.

Mistake of Identity
If at the preliminary meeting it is reasonably determined that there was a mistake in identity the matter is closed. The student will receive a letter indicating that there was no violation and all records of this event will be removed from the student’s file.

Failure to Appear

Failure to respond by the established date or failure to attend the preliminary meeting is an additional violation and it will be added to the current allegations. The student will waive his/her privilege to select a conduct track. He/she will be assigned a conduct track, date, time and location for an official hearing. A new letter will be sent to inform the student of his/her hearing. A copy of the incident report will be included with the letter. If the student fails to appear at the selected or assigned official hearing, he/she will forfeit his/her right to a hearing and will be tried in absentia. In addition, the conduct authority shall assume that the student committed the alleged acts of misconduct and issue appropriate conduct sanctions. The sanction, plus a $25 hearing charge, will be levied for such non-attendance.

Formal Hearing

There exist two kinds of formal hearings:

  1. Administrative Track (Administrative Hearing)
    Students selecting this administrative track will have an administrative panel hear his/her case. A member from Student Life will present the case to the hearing board.
  2. Conduct Board Track (C-Board Hearing)
    Students selecting the C-Board track will have his/her case heard by members of the C- Board if it is officially formed. The C-Board is chaired by the Chief Justice of the Student Government Association and consists of at least two other students. A Student Life staff member will notify the C-Board Chair if selects this track. The staff member will provide the Chair with a copy of the incident report. The hearing will be set for the next available hearing date, but not earlier than three class days following the preliminary meeting.
Duties of Conduct Board Members

Members of the Conduct Board pledge themselves to:

  1. Ensure that the policies of the University are maintained by conducting a fair hearing of alleged violations of the Code of Student Conduct and Discipline.
  2. Provide an appropriate response and, as needed, penalize persons found responsible for violations of the Code.
  3. Maintain impartiality regarding the subject matter and/or student(s) under review. If the member is unable to do so, he/she should promptly withdraw from consideration of the matter.
  4. Act as neither an advocate for the student or for the University, but to consider fairly the needs of individual students and student groups and the needs of the University community as a whole.
  5. Maintain the confidentiality of all details pertinent to all matters and all actions related to a hearing, and not to comment on actions or persons involved in any Conduct Board hearing.
  6. Participate in Conduct Board training sessions and meetings for the purpose of fulfilling their responsibilities under the Conduct Code.
  7. Adhere to all provisions of the Conduct Code. The Dean of Students may suspend Conduct Board members charged with a violation of the Conduct Code, the Code of Student Conduct and Discipline, or with criminal offenses.
  8. Report attempts to influence a Conduct decision to the Student Government's Chief Justice and the Dean of Students.
  9. Inform the Dean of Students and submit a letter of resignation if they find themselves unable to meet the requirements of the Conduct Code.
Hearing Board Procedures

Each Hearing Board shall determine its own hearing procedures.

Each Hearing Board’s procedures must include the following rights:

 

  • The right to be informed in writing of the charges.
  • The right to have three class days to prepare for a defense of the charges.
  • The right to question witnesses. If possible, the accused shall be able to face his accuser(s).
  • The right to question witnesses may be revoked if the Dean of Students deems the witness/accuser to need protection. In this case, the Dean of Students may verify the identity of a witness/accuser and accept a written statement from him/her without revealing the name of the witness or accuser to the accused.
  • The right to present oral or written testimony.
  • The right to remain silent about any incident in which he/she is a suspect.
  • The right to have an advisor present in a non-speaking role.
  • The right to be advised in writing of the results of the hearing.
  • The right to receive a transcript of the proceedings at the individual’s own expense.

 

Appeal Process

Under normal circumstances, enforcement of disciplinary sanctions will be deferred pending the review of the appeal. Disciplinary decisions will be made at the lowest level possible. Following formal discipline for conduct subject to sanction, students are guaranteed the right to a single appeal to the next highest level. Decisions made by a residence hall director may be appealed to the Director of Housing. Decisions made by the Conduct Board may be appealed to the Dean of Students. Disciplinary decisions made by the Dean of Students may be appealed to the Vice President of Enrollment and Student Services.

The student must, within three class days from the date of receipt of the written determination statement, complete and submit to the Office of the Dean of Students a written request for appeal. Requests for appeal will not be granted solely on the fact that the student disagrees with the determination. Appeals will be limited to review for the following reasons:

    1. New valid evidence.
    2. A validated claim of irregularities or error.
    3. Error in applying the Code of Student Conduct.
    4. A validated claim of unfairness.

The written request for appeal must set forth specifically the following:

  1. Student’s name, current address and telephone number.
  2. Description, date and place of the misconduct.
  3. Date of the sanction, and who levied disciplinary sanction.
  4. The disciplinary verdict and sanction determined.
  5. Just cause circumstances, which the student feels merit the appeal.
  6. Student’s signature and date.

The Office of the Dean of Students will then forward on the appeal to the appropriate administrator as outlined above. The following process will be followed after receiving the appeal:

  1. Within two working days from the date the notice is received, the Administrator will review the appeal notice and may decide to meet with the student to further discuss his or her grounds for appeal.
  2. If a meeting is granted, the Administrator will meet solely with the student. An advisor may be permitted in a non-speaking role.
  3. If based on the written notice of appeal, the Administrator determines there is not substantial cause for appeal; (s)he may choose to provide a written summary of the decision to the student. A copy will be kept for Student Life documentation purposes.
  4. If the Administrator decides to meet with the student, (s)he will consider the appeal and uphold, reverse or otherwise modify the previous decision. The appeal decision may not be appealed as students are provided one single appeal. Students will be notified in writing the decision.

Decisions of the disciplinary authority, after exhaustion of the appeal process, can be referred to the President for enforcement. No appeals may be made to the President without going through the entire process; however, the President has the authority to overrule any decision rendered through the Conduct System in his sole judgment.

In addition, notwithstanding the Conduct System, the President maintains the right to take any action necessary to protect the health and safety of the University community and/or prevent damage to University property.

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A Methodist Institution Since 1890
1201 Wesleyan Street | Fort Worth, TX 76105
817.531.4444 © 2012 All Rights Reserved