StudentRights

Memo to:	All UH-Downtown/PS Holders	UH-Downtown/PS 04.A.01
From:	Max Castillo, President	Issue No.5
Subject:	Student Rights and Responsibilities	Effective date: 11/3/99

	1. PURPOSE This PS sets forth for all students of the University of Houston-Downtown (UHD), both part-time and full-time, the students' rights and responsibilities, the University's guidelines for conduct, and its disciplinary procedures. All students are expected to be aware of the substance of this PS except in the case of academic dishonesty, which is described in PS 03.A.19.

	2. POLICY/PROCEDURES
	2.1 "University community" means any full or part-time students, faculty members, members of the staff or any others doing business with the University under contract or on a regular basis.
	2.2 "Notice" or "summons" means correspondence (1) deposited with the U.S. postal service by certified mail, addressed to the last known address of the addressee as shown on University records, or (2) personally delivered to the addressee, in which case the execution of a written receipt of delivery by the person delivering the correspondence showing the date, time, and place of delivery is considered sufficient proof of notice.
	2.3 "Committee" means the student discipline committee
	2.4 "Disciplinary action" means proceedings under sections 3.4 through 3.10 of this PS
	2.5 "Hazing" means those activities defined in section 4.10, Texas Education Code (Exhibit A).
	2.6 "Published University policy" means any provision of a Board of Regents order or rule, a published directive, rule, regulation, or policy statement.
	2.7 "Record" means all written documents, forms, copies, reports, statements, tape recordings, or tangible evidence in a disciplinary action.
	2.8 "University" means the University of Houston-Downtown.
	2.9 "University officials" means those in authority who have responsibility for the safety, welfare, and orderly conduct of the university community, or who have had such authority and responsibility delegated to them, including regents, officers, faculty, and administrative staff.
	2.10 "University property" means property owned, controlled, used, or occupied by the University, including property physically removed from the campus.
	2.11 "Referral Notice" means written notification initiating disciplinary action.
	2.12 "Preponderance of evidence" means that the proof need only show that the facts are most likely to be so than not so.

	3. POLICY/PROCEDURES
	3.1 Rights of Students
	3.1.1 Access to Higher Education
	Admission to the University is open to anyone qualified according to established admissions standards and resource limitations. The University must make available to all students the academic and behavioral standards required of all who register at this institution.
	3.1.2 Freedom from Discrimination
	No student or applicant for admission to the University may be discriminated against on the basis of race, color, religion, sex, age, disability or national origin by the University or any member of the University community. The University fully supports equal opportunity and affirmative action.
	3.1.3 Freedom of Speech, Expression, and Association
	The rights of free speech, expression, and association, as defined by the Constitution of the United States and developed by statutory laws and judicial decisions, are guaranteed to every member of the University community.
	3.1.4 Rights of Privacy
	Students have the right to be secure in their persons, papers, living quarters and effects against unreasonable searches and seizures. The University reserves the right to conduct inspections for reasons of health and safety.
	3.1.5 Rights of Due Process
	In administering this code the University guarantees each student accused of violating a published University policy those principles of due process and fundamental fairness established by the Constitution of the United States and developed by statutory law and judicial interpretation.
	3.1.6 Confidentiality of Records
	Each student must have access to all educational records pertaining to their application to or enrollment in the University, and the University must protect student educational records from unauthorized dissemination. It is University policy to comply fully with the provisions and regulations of the Federal Family Education Rights and Privacy Act of 1974.
	3.1.7 Participation in University Shared Governance
	The policy statement (PS) system guarantees that right of any member of the University to express opinions or to initiate or participate in the development of administrative policy as described in PS 01.A.01 and PS 01.A.03.
	3.1.8 Student Government
	The University has authorized and encouraged the establishment of a representative student government with the stipulation that it has no existence separate and apart from the University, and that ultimate authority rests with the President of the University.
	3.1.9 Student Organizations
	The University recognizes the right of students to form organizations not forbidden by federal laws, state laws, or University policy. Student organizations must be registered and approved through the procedures established in PS 04.A.03, Student Organizations and Activities on Campus.
	3.2 Responsibilities of Students
	3.2.1 Conduct Required
	The conduct of every student should reflect well on the institution and in no case should include conduct prohibited in section 3.2.2.
	3.2.2 Conduct Prohibited
	No student may engage in any of the following actions:
	3.2.2.1 Commit an offense under any federal, state, or municipal criminal statute.
	3.2.2.2 Violate any published University policy.
	3.2.2.3 Fail to comply with the directives of a University official (defined in section 2.9 ) in the legitimate performance of their duties.
	3.2.2.4 Intentionally furnish false information to the University.
	3.2.2.5 Fail to meet financial obligations to the University.
	3.2.2.6 Misuse or use without authorization fire extinguishers or other safety equipment on University property.
	3.2.2.7 Interfere with or disrupt any University teaching, research, administrative, disciplinary, public service, or other authorized activity (Exhibit B).
	3.2.2.8 Engage in conduct that endangers the health or safety of any member(s) of the University community.
	3.2.2.9 Use or possess University keys for any purpose not authorized by University officials.
	3.2.2.10 Participate in any hazing activities (Exhibit A).
	3.2.2.11 Violate the published University policy on possession and use of alcoholic beverages on University property.
	3.2.2.12 Gamble in any form, as defined by the state of Texas Penal Code, on University property.
	3.2.2.13 Possess, use, sell, manufacture or distribute any narcotic, or controlled substance, except as expressly permitted by law.
	3.2.2.14 Possess or use any firearm, ammunition, or illegal weapon on University property except as a duly authorized law enforcement officer or for legitimate classroom instruction.
	3.2.2.15 Possess, ignite, or detonate, except for instructional use, any explosive device, fireworks, liquid, or object which is flammable or which could cause damage by fire or explosion to persons or property while on University property.
	3.2.2.16 Steal, destroy, damage, or maliciously misuse property belonging to the University or to any member(s) of the University community.
	3.2.2.17 Alter, tamper, forge or knowingly use falsified documents or records of the University (including, but not limited to UHD parking permits and student IDs); being party to falsification; giving or providing false statements, written or oral; and/or providing false information during any University proceeding or to any University official.
	3.2.2.18 Advocate either orally or in writing the conscious and deliberate violation of any federal, state, or local law. "To advocate" means to address an individual or group for imminent action and steer it to such action, as opposed to the abstract espousal of the moral propriety of a course of action.
	3.2.2.19. Enter or use any University buildings, facilities, equipment, or resources without proper authorization.
	3.2.2.20. Fail to maintain a current official mailing address in the Office of Admissions and Records or give a false address.
	3.2.2.21. Knowingly (1) initiate, communicate, or circulate a report of a present, past, or future bombing, fire, offense, or other emergency that is false or baseless and that would ordinarily cause action by an official or volunteer agency organized to deal with emergencies; (2) place any member(s) of the university community in fear of imminent serious bodily injury; or (3) forcibly prevent or interrupt the occupation of building, room, or aircraft, automobile, or other mode of conveyance.
	3.2.2.22 Theft or other abuse of computer time, including but not limited to: (1) unauthorized entry into a file to use, read, or change the contents or for any other purpose; (2) unauthorized transfer of a file; (3) unauthorized use of another individual’s identification and password; (4) use of computing facilities to interfere with the work of another student, faculty member or University official; (5) use of computing facilities to send obscene or abusive messages; (6) use of computing facilities to interfere with normal operation of the University computing system.
	3.2.2.23 Intentionally, knowingly, or recklessly harass or threaten to take unlawful action against any member(s) of the University community, thereby causing or intending to cause harm or alarm.
	3.3 Definitions of Disciplinary Actions
	3.3.1 . The following penalties may be imposed when a student engages in prohibited conduct and may be imposed separately or in addition to other penalties:
	3.3.1.1 "Warning" is a verbal or written notice to a student who has violated a published University policy and whose continuation of such conduct may result in further disciplinary action.
	3.3.1.2 "Restricted privileges" is denial or restriction of one or more privileges granted to students on University property. These may be, but are not limited to, the use of an automobile on campus, dining on campus, visiting the campus, or participating in athletics or other extracurricular activities. The restriction may be imposed only for a definite period of time.
	3.3.1.3 "Restitution" is paying, either with money or the performance of specific duties, for damage to or loss/misappropriation of property.
	3.3.1.4 "Disciplinary probation" is a warning that a student's continued enrollment is conditioned upon adherence to published University policies. Probation may be imposed only for a definite period of time but automatically restricts the following privileges:
	A student on disciplinary probation is ineligible to hold or be elected to an office of any student organization recognized by the University. A student on disciplinary probation may not represent the University in any special honorary role.
	3.3.1.5 "Withholding transcripts" is a penalty, which prohibits a student from receiving or the Director of Admissions and Records from issuing official transcripts.
	3.3.1.6 "Non-readmission" is a prohibition against a student's readmission to the University.
	3.3.1.7 "Suspension" is separation from the University for a definite time during which the student will not be permitted to attend classes or participate in any University activity.
	3.3.1.8 "Expulsion" is permanent separation from the University.
	3.4 Reporting, Processing and Administrative Disposition of Disciplinary Infractions
	3.4.1 Discipline in the Academic Environment
	3.4.1.1 Faculty members, with the support of their respective department chairs and academic deans, are responsible for maintaining decorum in the classroom, laboratories, faculty offices and the immediate vicinity adjacent to the classrooms, laboratories or offices.
	3.4.1.2 Discipline violations (as delineated in 3.3.3) in the academic environment are best handled using oral guidance to the involved student. If the infraction cannot be controlled by verbal instructions, the faculty member may ask the student to leave, for no more than two class periods or one class period if the class meets only once per week, the classroom, laboratory office or other area and to report to the appropriate academic department office at some specified time.
	3.4.1.3 If the meeting in the department office does not resolve the conflict between the faculty member and the student, the faculty member should complete a Student Disciplinary Report Form detailing the alleged incident. The faculty member will give the student the completed Student Disciplinary Report Form and a copy of this policy and will ask the student to sign the Student Disciplinary Report Receipt.
	3.4.1.4 If the student admits responsibility for the incident and accepts the warning, the student will check the appropriate block in Part II of the report, sign the form, and return it to the faculty member. If the recommended penalty is other than a warning, or the student denies responsibility for the incident, he/she requests a hearing with the appropriate department chair and the faculty member by checking the appropriate box, signing the form and returning it to the faculty member.
	3.4.1.5 The appropriate department chair shall conduct the hearing with the student and faculty member to review the facts and attempt to resolve the problem. If the infraction warrants disciplinary action beyond a warning, the chair shall consult with the academic dean and shall forward the chair/dean’s recommendation to the Discipline Officer for further action. In all cases, copies of the completed Student Disciplinary Report shall be forwarded to the department chair, the academic dean and the Student Affairs Office for their respective files.
	3.4.2 Discipline at the University Level
	3.4.2.1 The designated Discipline Officer in the Division of Student Affairs is the principal administrator for student discipline at UHD.
	3.4.2.2 When the Discipline Officer receives a Referral Notice alleging a violation of a published University policy, the Officer shall investigate the report and meet with the initiator of the complaint. If the Officer determines that disciplinary action may be warranted, the student shall be notified in writing of the alleged violation of policy and a procedural interview is scheduled within five working days from the date of notification.
	3.4.2.3 Failure to appear at the procedural interview shall constitute a separate violation and may result in further disciplinary action.
	3.4.2.4 A copy of the Student Handbook and a copy of the Referral Notice will be made available at the time of the interview.
	3.4.2.5 Within five working days of the procedural interview the student is required to choose either a hearing before the Student Discipline Committee or an Administrative Review with the Officer. The student shall indicate the choice in writing.
	3.4.2.6 The Officer shall notify the student of the time, date, and place of the hearing or the administrative review.
	3.4.3 Administrative Review
	The student's appearance before the Officer is formal, and the Officer must give the student an opportunity to relate or explain any facts bearing on the alleged violation. After a fair and impartial assessment, the Officer must determine whether a published University policy was violated, and if so, the appropriate disciplinary sanction. The Officer will advise the student in writing of his/her decision within five (5) working days of the review.
	3.4.4 Acceptance of Administrative Disposition
	The Officer shall discuss his/her decision with the student and gives the student an opportunity to accept the decision. If the student chooses to accept the decision, he/she so indicates in writing and waives his right to appeal.
	3.5 Interim Suspension
	3.5.1 In the event the Discipline Officer has reasonable cause to believe that a student's continued presence on University property poses an immediate threat to the safety of the student, others, or University property, the Officer may suspend the student and exclude the student from University property pending a hearing.
	3.5.2 Upon deciding to suspend a student under 3.5.1 above, the Dean of Student Affairs must notify the student by the most expeditious means available.
	3.5.3 After sending notice of a temporary suspension to a student, the Dean must immediately proceed to organize a hearing as in disciplinary actions generally, to be held as soon as possible and in accordance with sections 3.7, 3.8, and 3.9 of this PS.
	3.6 Hearings
	3.6.1 The following procedural guidelines shall be applicable in disciplinary hearings:
	3.6.1.1 The student will be provided written notification of the published University policy alleged to have been violated;
	3.6.1.2 The student will be provided written notification of the date, time, and location of the hearing;
	3.6.1.3 The student will be provided with the names of all known witnesses, their expected testimony, and a description of all other evidence known at the time of the notification;
	3.6.1.4 The student may bring an advisor, who may be an attorney, but who sits in an advisory capacity only and who may address the committee only if the chair grants permission;
	3.6.1.5 The student may have present parents or legal guardians;
	3.6.1.6 The student may cross-examine witnesses for the University;
	3.6.1.7 The student may present witnesses and other evidence;
	3.6.1.8 The student may have a copy of the record of the hearing, at his/her expense.
	3.6.2 The chair of the Student Discipline Committee initiates the hearing upon notification by the Officer of a request for a hearing or of a temporary suspension. A minimum of three committee members is required to conduct a hearing. The Student Discipline Committee, appointed by the President, is composed of three faculty members, a staff member from Student Affairs and three students recommended by the Student Government Association. These students must have declared a major at UHD, have completed 60 semester credit hours, 30 of which must be at UHD, and be in good academic standing. The chair will be elected by the group but will not be a student.
	3.6.3 The hearing must be conducted no earlier than six or later than twelve working days after the request is filed or notice of temporary suspension is given.
	3.6.4 As soon as the time of hearing is set, the Officer must provide the student with a written notice containing the following information:
	3.6.4.1 A statement of the charges and a factual description of the alleged conduct upon which the charges are based;
	3.6.4.2 The date, time, and location of the hearing;
	3.6.4.3 A reference to this document (PS (04.A.01); the notice to testify, together with their expected testimony, and a description of any other evidence expected and known at the time of the notice; and
	3.6.4.5 A statement of the student's rights in the hearing.
	3.7 General Rules for a Hearing
	3.7.1 The chair of the Student Discipline Committee may postpone a hearing upon receiving a written request for postponement no later than 24 hours before the hearing, and showing good cause, from the student, the complainant, or the Discipline Officer.
	3.7.2 The committee chair describes the procedures to be followed, rules on the admissibility of evidence, and controls decorum in the hearing. Members of the committee may freely question any witness.
	3.7.3 Upon the request of the student or any committee member, or upon his own initiative, the Officer may request that additional witnesses testify before the committee. A letter requesting that someone give testimony to the committee must be personally delivered or sent by certified mail.
	3.7.4 A person will be designated as facilitator of an official recording. The student may have a copy of the tape at his/her own expense.
	3.7.5 During the hearing, only the committee members, the Officer, the student, the student's advisor, the student's parents or legal guardians, and the witness currently testifying will be allowed in the hearing room. No witness after testifying may remain in the hearing room. Everyone present must treat the matters discussed as completely confidential. All copies of documents provided to the committee must be returned to the Student Affair’s Office at the conclusion of the hearing where they will be maintained for five years and then destroyed.
	3.7.6 Legal rules of evidence do not apply to hearings. Any relevant evidence must be admitted if it is credible and is the sort that reasonable people would rely upon in the conduct of their affairs. An indictment, information, or complaint filed in a court of law will not be considered conclusive evidence.
	3.8 Procedural Rules for a Hearing
	3.8.1 The chair of the Student Discipline Committee shall ask all parties entitled to be present to enter the hearing room.
	3.8.2 The chair shall read a statement that reminds all participants that the proceedings of the hearing must remain confidential.
	3.8.3 The chair reads the complaint.
	3.8.4 The Officer shall present evidence and witnesses in support of the allegations against the student.
	3.8.5 The student may present evidence and witnesses in his/her defense. The student may cross-examine witnesses.
	3.8.6 The Officer and student may present rebuttal evidence.
	3.8.7 The Officer and student may present brief summation arguments.
	3.8.8 The committee must deliberate in private and determine, by majority vote, if there is a preponderance of evidence that the student violated a published University policy. It must state in writing each finding of the violation of a published University policy. The committee must then state in writing the sanction to be recommended. Only the chair signs the decision. Concurring or dissenting opinions may be filed with the record in the case by any member of the committee including the chair.
	3.8.9 Within five working days following their decision, the committee must inform the student and the complainant in writing of its decision and if a disciplinary sanction has been recommended to the Discipline Officer.
	3.8.10 If the student fails to appear, the hearing may continue without him/her.
	3.9 Appeals and Review
	3.9.1 All disciplinary decisions of the Discipline Officer, except those in which the penalty is a warning, may be appealed to the Dean of Student Affairs who shall render a decision. The student shall be notified of this decision in writing within 10 working days of the receipt of the appeal. The decision is final; however, the Dean of Student Affairs may refer to the Vice President for Academic Affairs and Provost (VPAA). After review by the VPAA, the decision is final and binding and the student is notified of it in writing within 10 working days following the referral.
	3.10 Finality of Disciplinary Decisions
	3.10.1 No penalty may take effect until a decision for disciplinary action becomes final. Disciplinary actions become final in the following ways:
	3.10.1.1 The student’s acceptance of the faculty member’s verbal warning.
	3.10.1.2 After the department hearing, the student accepts the academic department chair’s verbal warning.
	3.10.1.3 After administrative disposition by the Discipline Officer, the student may accept the Officer’s decision.
	3.10.1.4 After review by the Chief Student Affairs Officer, the student accepts the decision.
	3.10.1.5 After the student discipline committee hearing and notification of the decision of the student discipline committee, the student lets the time expire in which to file a notice of appeal.
	3.10.1.6 After review by the VPAA, a final and binding decision is rendered, and the student is notified of this final decision.
	3.11 Any penalties assigned under this PS must be noted in the student’s disciplinary action file in the Office of Student Affairs. This includes all actions taken in accordance with paragraphs 3.4.1 and 3.4.2.

	4. REVIEW AND RESPONSIBILITIES
	Responsible Party (Reviewer): Dean of Student Affairs
	Review: As needed
	Policy History Issue #1: 7/17/94 Issue #2: 12/15/86 Issue #3: 8/22/88 Issue #4: 10/16/95

	Exhibit A
	STATE POLICY PROHIBITING HAZING
	Hazing on the part of students, faculty, or staff is strictly forbidden, whether on or off campus. The state law providing penal sanctions in the event of a conviction of hazing is section 4.19, Texas Education Code, and provides in part, as it pertains to students, as follows:
	(a) No student of the University of Texas, or Texas A&M University, or any state school of Texas, or any other state-supported institution of higher education, shall engage in what is commonly known and recognized as hazing, or encourage, aid, or assist any other person thus offending.
	(b) "Hazing" is defined as follows:
	(1) Any willful act by one student alone or acting with others, directed against any other student of such educational institution, done for the purpose of submitting the student made the subject of the attack committed, to indignity or humiliation, without his consent;
	(2) any willful act of any one student alone, or acting with others, directed against any other student of such educational institution, done for the purpose of intimidating the student attacked by threatening such student with social or other ostracism, or of submitting such student to ignominy, shame, or disgrace among his fellow students, and acts calculated to produce such results;
	(3) any willful act of any one student alone, or acting with others, directed against any other student of such educational institution, done for the purpose of humbling, or that is reasonably calculated to humble the pride, stifle the ambition, or blight the courage of the student attacked, or to discourage any such student from longer remaining in such educational institution or reasonably to cause him to leave the institution rather than submit to such acts; or
	(4) any willful act by any one student alone, or acting with others, in striking, beating, bruising, or maiming; or seriously offering, threatening, or attempting to strike, beat, bruise, or maim, or to do so or seriously offer, threaten, or attempt to do physical violence to any student of any such educational institution or any assault upon any such students made for the purpose of committing any of the acts, or producing any of the results, to such student as defined in this section.
	(c) No teacher, instructor, member of any faculty, or any officer or director, or a member of any governing board of any state-supported educational institution shall knowingly permit, encourage, aid, or assist any student in committing the offense of hazing, or willfully acquiesce in the commission of such offense, or fail to report promptly his knowledge or any reasonable information within his knowledge of the presence and practice of hazing in the institution in which he may be serving to the executive head or governing board of such institution. Any act of omission or commission shall be deemed "hazing" under the provisions of this section.
	(d) Any student of any state-supported educational institution of this state who shall commit the offense of hazing shall be fined not less than $25 nor more than $250 or shall be confined in jail not less than 10 days nor more than three months, or both.

Exhibit B

STATE POLICY PROHIBITING DISRUPTIVE ACTIVITIES

Persons engaging in certain disruptive activities on the university campus shall be subject to prosecution and the penalties provided in section 4.30, Texas Education Code, which provides:

(a) No person or group of persons acting in concert may willfully engage in destructive activity or disrupt a lawful assembly on the campus or property of any private or public school or institution of higher education or public vocational and technical school or institute.

(b) For the purposes of this section, disruptive activity means:

(1) obstructing or restraining the passage of persons in an exit, entrance, or hallway of any building without the authorization of the administration of the school;

(2) seizing control of any building or portion of a building for the purpose of interfering with any administrative, educational, research or other authorized activity;

(3) preventing or attempting to prevent by force or violence or the threat of force or violence any lawful assembly authorized by the school administration;

(4) disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or

(5) obstructing or restraining the passage of any person at an exit or entrance to said campus or property or preventing or attempting to prevent by force or violence or by threats thereof the ingress or egress of any person to or from said property or campus without the authorization of the administration of the school.

(c) For the purposes of this section, a lawful assembly is disrupted when any person in attendance is rendered incapable of participating in the assembly due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur.

(d) A person who violates any provision of this section, is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed $200 or by confinement in jail for not less than 10 days nor more than 6 months, or both.

(e) Any person who is convicted the third time of violating this section shall not thereafter be eligible to attend any school, college, or university receiving funds from the state of Texas for a period of two years from such third conviction.

(f) Nothing herein shall be construed to infringe upon any right of free speech or expression guaranteed by the Constitution of the United States or the state of Texas.

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	Exhibit B STATE POLICY PROHIBITING DISRUPTIVE ACTIVITIES
	Persons engaging in certain disruptive activities on the university campus shall be subject to prosecution and the penalties provided in section 4.30, Texas Education Code, which provides:
	(a) No person or group of persons acting in concert may willfully engage in destructive activity or disrupt a lawful assembly on the campus or property of any private or public school or institution of higher education or public vocational and technical school or institute.
	(b) For the purposes of this section, disruptive activity means:
	(1) obstructing or restraining the passage of persons in an exit, entrance, or hallway of any building without the authorization of the administration of the school;
	(2) seizing control of any building or portion of a building for the purpose of interfering with any administrative, educational, research or other authorized activity;
	(3) preventing or attempting to prevent by force or violence or the threat of force or violence any lawful assembly authorized by the school administration;
	(4) disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or
	(5) obstructing or restraining the passage of any person at an exit or entrance to said campus or property or preventing or attempting to prevent by force or violence or by threats thereof the ingress or egress of any person to or from said property or campus without the authorization of the administration of the school.
	(c) For the purposes of this section, a lawful assembly is disrupted when any person in attendance is rendered incapable of participating in the assembly due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur.
	(d) A person who violates any provision of this section, is guilty of a misdemeanor and upon conviction is punishable by a fine not to exceed $200 or by confinement in jail for not less than 10 days nor more than 6 months, or both.
	(e) Any person who is convicted the third time of violating this section shall not thereafter be eligible to attend any school, college, or university receiving funds from the state of Texas for a period of two years from such third conviction.
	(f) Nothing herein shall be construed to infringe upon any right of free speech or expression guaranteed by the Constitution of the United States or the state of Texas.