Handbook of Operating Procedures > Series 500 Student Success > 5.5.2 Student Disciplinary Hearings and Appeals Procedures

5.5.2 Student Disciplinary Hearings and Appeals Procedures

A. Purpose

The purpose of this policy is to describe regulations for dealing with alleged student violations of university standards of conduct in a manner consistent with the requirements of procedural due process. For a full description of the student conduct code, student disciplinary hearings and appeals procedures, please see Chapter 8 of the UT Tyler Student Affairs Manual of Policy and Procedures at this website: http://www.uttyler.edu/mopp/index.php

B. Persons Affected

All students. 

The Student Code of Conduct applies to individual students, prescribes the standards of conduct expected of students enrolled at the University, outlines actions that can be taken when conduct is not in conformity with the prescribed standards and establishes due process procedures for the imposition of such actions. For a complete description of the application of the Student Code of Conduct, please see Section 8-102, Application, of the UT Tyler Student Affairs Manual of Policy and Procedures.

C. Definitions

Student – Means a person who: 

1. Is currently enrolled at the University of Texas at Tyler (including all instructional sites), or 
2. Is accepted for admission or readmission to the university, or 
3. 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 
4. Engaged in prohibited conduct at a time when he or she met the above criteria.

Judicial Officer - Means the Chief Student Affairs Officer or his/her delegate or representative

Dean or Dean of Students – Refers to the administrative officer or officers responsible for the administration of the disciplinary process at each institution. The Dean of Students may designate individual(s) to administer disciplinary cases under this policy;

Chief Student Affairs Officer – The administrative officer primarily responsible for the development and administration of policies relating to students, for the development and implementation of services to students, and for the initial preparation of institutional regulations that will implement the policies and regulations set forth in this rule.

For a full list of definitions, please see Section 8-103, Definitions, of the UT Tyler Student Affairs Manual of Policy and Procedures.

D. Policy and Procedures

Disciplinary Proceedings

1. Initiation of Disciplinary Proceedings
   1. Investigation. 1) Upon receiving information that a student has allegedly violated Regents’ Rules, UT Tyler regulations or administrative rules, the Judicial Officer shall investigate the alleged violation. For a complete description of the investigation process, please see Section 8-301, Investigation, of the UT Tyler Student Affairs Manual of Policy and Procedures. 2) A student may be summoned by written request of the Judicial Officer for a meeting to discuss the allegations. For a complete description of the summons process, please see Section 8-302, Summoning Student, of the UT Tyler Student Affairs Manual of Policy and Procedures.

   2. Disposition. The student must choose one of two decision-making approaches: 1) an administrative decision made by the Judicial Officer or 2) a formal hearing. 1) For a complete description of the administrative process, please see Section 8-303, Administrative Disposition of Violations, of the UT Tyler Student Affairs Manual of Policy and Procedures. 2) For a complete description of the formal hearing process, please see Subchapter 8-400, Hearing, of the UT Tyler Student Affairs Manual of Policy and Procedures.

   3. Immediate Interim Discipline. 1) Pending a hearing or other disposition of the allegations against a student, the Judicial Officer may take such immediate interim disciplinary action as is appropriate to the circumstances. For a complete description of in interim disciplinary measures, please refer to paragraphs b and c of Section 8-301, Investigation, of the UT Tyler Student Affairs Manual of Policy and Procedures.

2. Disciplinary Penalties
   1. Authorized Disciplinary Penalties. Any one or more of the actions listed below may be imposed upon a student who has engaged in conduct that violates a rule, regulation or administrative order of the University, a provision of the Regents' Rules, or a federal, state or local law. The disciplinary action assessed in a particular case will be dependent upon the nature of the conduct involved, the circumstances and conditions which existed at the time the student engaged in such conduct, and the results which followed as a natural consequence of such conduct. For a list of disciplinary penalties and explanations of them, please see Section 8-500 Sanctions of the UT Tyler Student Affairs Manual of Policies and Procedures.
3. Appeal
   1. Right to Appeal. The accused student may appeal a disciplinary penalty assessed by the Judicial Officer. Either the accused student or the Judicial Officer may appeal the decision of the Hearing Officer. All such appeals are made to the President of UT Tyler or designee. The President’s or designee's decision is the final appellate review. For more information on the appeals process, please see Section 8-600 Appeal of the UT Tyler Student Affairs Manual of Policies and Procedures.

E. Responsibilities

The Senior Vice President for Student Success is responsible for this policy.

F. Review

This policy shall be reviewed every five years or as needed by the following stakeholders:

Senior Vice President for Student Success

Director of Conduct and Intervention

Dean of Students

Student Government Association President