Part I: Code of Student Conduct

Autumn Towers

Part I: Code of Student Conduct

The Code of Student Conduct outlines behavioral standards developed by the University community for students and student organizations and the related procedures for addressing misconduct. Students should be aware that the student conduct process is not a criminal or civil court proceeding. Students and student organizations are responsible for actions that constitute misconduct and violate the Code of Student Conduct. Any student or student organization found responsible for misconduct may be subject to conduct sanctions.

The University provides a fair and equitable student conduct process, utilizing a thorough, neutral, and impartial investigation, from which is generated a prompt resolution.

The Code of Student Conduct and related processes educate students about their rights and responsibilities while promoting holistic development, self-worth, and mutual respect for all members of the University community. Freedom of discussion, inquiry and expression is also fostered by an environment in which the privileges of citizenship are protected and the obligations of citizenship are understood.

The Office of Student Conduct is committed to an educational and developmental process that balances the interests of individual students with the interests of the University community. No student will be found in violation of University policy without sufficient information and evidence showing that it is more likely than not that a policy violation occurred and any sanctions will be proportionate to the severity of the violation and to the cumulative conduct history of the student.

The student conduct process at the University exists to protect the interests of the community and to challenge those whose behavior is not in accordance with our policies. Sanctions are intended to challenge students' moral and ethical decision-making and to help them bring their behavior into accord with our community expectations and values. When a student is unable to conform their behavior to community expectations, the student conduct process may determine that the student should no longer share in the privilege of participating in this community.

SECTION A: STUDENT CONDUCT MISSION AND POLICIES

1. Disciplinary Authority

The authority to enact and enforce regulations of the University is vested in the Board of Regents. The responsibility for enforcing the regulations and imposing penalties is delegated to the President of the University and any University officials the President designates. The Office of the Vice Provost, Undergraduate Education and Student Affairs is the principal agency for the administration of student conduct. Dean of Students, the Office of Student Conduct, and University Student Housing shall implement the student discipline procedures. All references to the officials listed above shall be interpreted to include persons designated to act on their behalf.

The Dean of Students, Managing Director of the Office of Student Conduct, or designee, will assume responsibility for the investigation of an allegation of misconduct to determine if the complaint has merit.

a. Student Conduct Officer/Investigator
A Student Conduct Officer/Investigator is a trained University staff member whose role is to conduct a thorough, reliable, and impartial investigation of alleged violations of the Code of Student Conduct. In most cases heard by a University Discipline Committee, the Student Conduct Officer/Investigator will present the information and evidence obtained through the investigation to the Committee, which will make a determination of responsible or not responsible, and assign a sanction. In cases heard through the Administrative Hearing process, or completed via an Informal Resolution, the Student Conduct Officer/Investigator may render findings and issue sanctions. Investigators are assigned to cases by the Dean of Students, The Managing Director of the Office of Student Conduct, or designee. Investigators may be staff members in the Office of Student Conduct, or trained staff in other departments such as the Student Resolution Center, Dean of Students Office, Center for Campus Life, and University Student Housing.

b. Administrative Hearing Officer
An Administrative Hearing Officer is a trained University staff member whose role is to make a decision of responsibility and assign sanctions, as appropriate in Administrative Hearing. The Administrative Hearing Officer may be the Student Conduct Officer/Investigator who completed the Investigation/Investigation Report, or an Administrative Hearing Officer assigned by the Managing Director of the Office of Student Conduct, or designee.

c. University Discipline Committee
The composition of the University Discipline Committee consists of a trained pool of faculty, staff, and students. In cases involving Part II, section B.1 (Academic Misconduct), the Committee is comprised only of students and faculty. In cases including discrimination, sexual misconduct, or other sensitive issues, the Committee will only include faculty and staff.

1. Committee Composition
The University Discipline Committee will conduct disciplinary Hearings in referred cases after they have completed Office of Student Conduct training. The Committee pool will be composed of full-time faculty members, full-time students and full-time staff members and will be recognized as a University Committee. Each member will be appointed for a single one-year term by the Managing Director of the Office of Student Conduct, in consultation with the Dean of Students. Committee members may be re-appointed for consecutive one-year terms, but must complete Office of Student Conduct training each year.

2. Committee Appointments
University Discipline Committee appointments will be made as follows:


a. The President of the Student Government Association, Graduate Student Advisory Council, and the President of the Residence Halls Association, and Associate Academic Deans are invited to make recommendations for full-time student Committee members. Upon recommendation, full-time student members will be invited to participate in an application process, prior to appointment. Upon completion of the application process, full-time student members will be appointed by the Managing Director of the Office of Student Conduct, in consultation with the Dean of Students.
b. The President of the Faculty Senate and Associate Academic Deans are invited to make recommendations for full-time faculty Committee members. Upon recommendation, full-time faculty members will be invited to participate in an application process, prior to appointment. Upon completion of the application process, full-time faculty members will be appointed by the Managing Director of the Office of Student Conduct, in consultation with the Dean of Students.
c. The President of the Staff Senate is invited to make recommendations for full-time staff Committee members. Upon recommendation, full-time staff members will be invited to participate in an application process, prior to appointment. Upon completion of the application process, full-time staff members will be appointed by the Managing Director of the Office of Student Conduct, in consultation with the Dean of Students.


3. Committee Removals
The Managing Director of the Office of Student Conduct may remove a member from this Committee when, in his/her judgment, the member has failed or refused to serve and perform the duties and functions of this Committee.

4. Committee Chairperson
The chairperson of a Committee Hearing will be selected prior to the commencement of a University Discipline Hearing and will be a member of the faculty or staff. The chairperson is responsible for composing the Committee's decision, rationale, and appropriate sanctions.

5. Committee Meetings
The Office of Student Conduct will establish meeting dates and times during which cases will be heard and will also provide for scheduling special meetings as needed. Committee Hearings will be conducted by a subgroup of the Committee members.

6. Committee Quorum
A quorum for the Committee consists of five (5) members, provided that at least one (1) member is present from each of the representative categories. In cases involving Part II, section B.1 (Academic Misconduct), the Committee is comprised only of students and faculty. In cases including discrimination, sexual misconduct, or other sensitive issues, the Committee will only include faculty and staff.

7. Committee Deliberation
When deliberating a case, the Committee will meet in closed session with only voting members and the Resource Person present.

8. Additional Committee Members
The Managing Director for the Office of Student Conduct or designee may appoint additional members of the University Discipline Committee to expedite the orderly disposition of cases and/or to aid in the administration of the conduct process within the University. The additional members of the University Discipline Committee will complete the same training, have the same composition of membership, the same duties, and the same authority as the original University Discipline Committee.

9. Committee Orientation & Training
Prior to serving in a Committee Hearing, members of the University Discipline Committee will be required to participate in an orientation and training program facilitated by the Office of Student Conduct.


d. The Code of Student Conduct Review Committee
The Code of Student Conduct is reviewed every year by the Code of Student Conduct Review Committee in conjunction with the Office of Student Conduct, University Student Housing, Dean of Students, and the Associate Vice Provost for Student Affairs. The Code of Student Conduct Review Committee will conduct an annual review of the Code of Student Conduct and make recommendations to the Associate Vice Provost for Student Affairs regarding omissions, clarifications, constructive changes and other matters relevant to the proper interpretation and operation of the Code of Student Conduct. The Associate Vice Provost for Student Affairs will then present the Code of Student Conduct to the Vice Provost for Undergraduate Education & Student Affairs and the Provost for review and consideration by the Board of Regents.


1. Committee Appointment
The Code of Student Conduct Review Committee members are appointed by the Managing Director of the Office of Student Conduct who will invite recommendations by the President of the Faculty Senate, President of the Staff Senate, President of the Student Government Association, President of the Graduate Student Advisory Council, and the President of the Residence Halls Association.

2. Committee Composition
The Code of Student Conduct Review Committee will include members from the following classes of Texas Tech University community members:


• Full-time faculty;
• Full-time staff;
• Full-time undergraduate student(s);
• Full-time graduate student(s).


3. Committee Removals
The Managing Director of the Office of Student Conduct may remove a member from this committee when, in his/her judgment, the member has failed or refused to serve and perform the duties and functions of this committee.

4. Committee Meetings
The Office of Student Conduct will establish meeting dates and times during which the Code of Student Conduct will be reviewed and will provide for scheduling special meetings as needed.

5. Committee Quorum
A quorum for the committee is five (5) members.

6. Additional Committee Members
The Managing Director of the Office of Student Conduct may appoint additional members of the Code of Student Conduct Review Committee to expedite the review process of the code. The additional members of the Code of Student Conduct Review Committee.

2. Jurisdiction

Students at the University are provided an electronic copy of the Code of Student Conduct annually in the form of a link on the Student Handbook website. Students are responsible for having read and abiding by the provisions of the Code of Student Conduct.

The University community has developed standards of behavior pertaining to students and to student organizations. Students and registered student organizations are subject to conduct action according to the provisions of the Code of Student Conduct. The University respects the rights and responsibilities of students and will consider each violation of University policy and each violation of federal, state and/or local law on a "case-by-case" basis and will further attempt to initially use educational options and subsequent intervention and/or prevention options to assist students.

The Code of Student Conduct and the student conduct process applies to the conduct of individual students, both undergraduate and graduate, including law students and all registered student organizations. For the purposes of student conduct, the University considers an individual to be a student when an offer of admission has been extended and thereafter as long as the student has a continuing educational interest in the University.

The Code of Student Conduct applies to behaviors that take place on University premises, at University-sponsored activities and events, and may apply to off-campus behavior when the Dean of Students or Managing Director of Student Conduct determine that the off-campus conduct affects a substantial University interest, such as situations where a student's conduct may present a danger or threat to the health or safety of him/herself or others; situations that infringe on the rights of other students; situations causing significant disruption to the educational community or detrimental to the educational mission of the University. Proceedings under the Code of Student Conduct may be carried out prior to, independent of, concurrent with or following civil or criminal proceedings.

The University retains conduct jurisdiction over students who choose to take a leave of absence, withdraw or have graduated for any misconduct that occurred prior to the leave, withdrawal or graduation. If sanctioned, a hold may be placed on the student's ability to re-enroll, obtain official transcripts, and/or graduate. All sanctions must be satisfied prior to re-enrollment eligibility. In the event of serious misconduct committed while still enrolled, but reported after the accused student has graduated, the University may invoke these procedures and should the former student be found responsible, the University may revoke that student's degree.

The Code of Student Conduct may be applied to behavior conducted online, via email, or other electronic medium. Students should also be aware that online postings such as blogs, web postings, chats and social networking sites are in the public sphere and are not private. These postings can subject a student to allegations of conduct violations if evidence of policy violations is posted online. The University does not regularly search for this information, but may take action if and when such information is brought to the attention of University officials.

The Code of Student Conduct applies to guests of community members whose hosts may be held accountable for the misconduct of their guests. The Code may also be applied to resident non-students, campers and high school bridge/extension/partner/dual-credit and continuing education programs by contractual agreements. Visitors to and guests of University may seek resolution of violations of the Code of Student Conduct committed against them by members of University community.

3. Notice

Notice is deemed to have been properly provided when written notification is sent to the student's official assigned Texas Tech University email address, delivered via Certified Mail to the student's last known address, or personally delivered to the student. University email is the University's primary means of communication with students. Students are responsible for all communication delivered to their University email address. Students will be given a reasonable amount of time to respond to requests to meet with University officials. Prescheduled meetings are scheduled around a student's published academic schedule and include the opportunity to reschedule in the event of unavoidable conflicts. Should a student wish to reschedule an appointment, they should do so in a timely manner. The University will make all reasonable efforts to accommodate student scheduling conflicts, but will not permit unreasonable delays in the Conduct Process. After proper notice has been given to the student, the Student Conduct Officer/Investigator or designee may proceed with the conduct process. Should a student fail to comply with the requests of a Student Conduct Officer/Investigator or designee, the Office of Student Conduct may issue a 'Failure to Comply' Code of Student Conduct allegation to the student. Students are advised to keep their most current local address, permanent address, and local telephone number updated in the student records system at www.raiderlink.ttu.edu/.

4. Timelines

It is recommended that reports of alleged violations of the Code of Student Conduct should be received by the Office of Student Conduct within ten (10) University working days of the alleged incident to initiate conduct procedures. There is no time limit on reporting violations; however, the longer someone waits to report an offense, the more difficult it becomes to obtain information and evidence regarding the incidents.
Incidents should be resolved within 60 days of notice regarding the incident, not including appeal. This timeline may vary depending on the availability of individuals participating in the process, availability of evidence, delays for concurrent criminal investigations, breaks between academic semesters, and other delays.

5. Standards of Evidence

The proceedings are not restricted by the rules of evidence governing criminal and civil proceedings. The standard of proof used in Code of Student Conduct proceedings is the preponderance of evidence, or more likely than not.

6. Reporting Allegations of Misconduct

To file allegation(s) of misconduct against student(s) or student organization(s), individuals should complete an online incident report form. The written allegation should describe the action or behavior in question. Individuals may also file a report in person at the Office of Student Conduct, located in suite 211 of the Student Wellness Building. Staff are also available in the Dean of Students Office to take initial reports of allegations and assist with conduct processes. The Office of Student Conduct also regularly reviews reports submitted from Texas Tech University faculty and staff, University Student Housing, and the Texas Tech Police Department.

To submit a concern regarding a student organization or to file an allegation of misconduct against a student organization or its members, individuals (faculty, staff, students, organization members, parents, community members or other parties) may complete an online form at http://ttu.orgsync.com/org/orgconduct/home. Individuals may also file a report in person with the Center for Campus Life, 201 Student Union. Staff are also available in the Student Resolution Center and Office of Student Conduct to discuss reports of misconduct against student organizations.

Student organization leaders also can self-report organization or member behavior that may be considered violations of TTU policy. When an organization is able to quickly identify a concern, address it, and report it, it is less likely that the organization would be held responsible for behavior that may be a policy violation. The self-report allows the University, in conjunction with the student organization to collect information, begin individual student conduct processes, and ensure that behavior has ceased and does not reoccur. When incidents are unreported by organizations and instead come to the attention of the University via a Complainant or third party, the options for resolution are more limited. Self-reporting allows the University to work collaboratively with the organization to address the situation and can allow for lower-levels of sanctioning for misconduct.

Sometimes organization leaders may also become aware that organization or member activities may result in violations of policy but have not occurred yet. In these cases, the organization leadership is encouraged to work directly with Campus Life staff to intervene and address the concern. This type of pre-report has the highest likelihood of lowering the risk of potential conduct violations and sanctions for the organization. Organization leaders may self-report misconduct or potential misconduct by utilizing the online form at http://ttu.orgsync.com/org/orgconduct/home or by contacting the appropriate student organization or fraternity/sorority life staff member in the Center for Campus Life.

If after an initial report has been made a student experiences a subsequent concern or continued incident(s) of alleged misconduct, a student may file an additional report pursuant to the procedures in this section (Part I, section A.6).

7. Confidentiality

Texas Tech University is committed to ensuring confidentiality during all stages of the student conduct process. If students are unsure whether they want to involve family or friends, and are not yet certain whether they want to report to the police or the University, there are resources available, both on and off campus, that offer confidential assistance and support.

TTU Student Counseling Center

The University is committed to facilitating an environment that supports students reporting incidents of misconduct, and will always attempt to resolve a situation in accordance with a student's wishes. In most cases, the University will not initiate student conduct proceedings or take administrative action without consulting with the reporting student.

In some exceptional circumstances, where the incident in question presents a continuing threat to the campus community, the University may be required to investigate irrespective of the Complainant's desire to pursue allegations of student misconduct, and may be required to issue a "timely warning" to the campus community, as required by the Clery Act. Timely warnings do not include personally identifiable information of involved parties.

All reports of misconduct will be maintained with the highest possible level of confidentiality. Information provided by the student will only be shared with essential staff members and only as is necessary for the effective investigation and adjudication of the case. Where reports of misconduct involve other students, either as Respondents or witnesses in the case, some information may need to be shared with those involved parties in order to complete a thorough investigation.

8. Anonymity

Texas Tech understands the sensitive nature of some incidents of alleged misconduct. Further, the University is mindful of a Complainants' desire, in some cases, to report an incident without disclosing their name or other identifying information. Texas Tech will always attempt to protect a student's anonymity if that is the student's request. Doing so, however, can oftentimes make it more difficult to thoroughly and effectively investigate an incident. The University will work with each student on a case-by-case basis to find the approach that best fits the student's wants and needs.

9. Family Educational Rights and Privacy Act (FERPA)

FERPA protects the privacy of student education records, including personally identifiable information derived from student conduct records. Generally, schools must have written permission from a student in order to release any information from a student's education record. FERPA allows schools to disclose student records, without consent, in situations including, but not limited to school officials with legitimate educational interest, other schools to which a student is transferring, to comply with a judicial order or lawfully issued subpoena, to parents when there is a health or safety emergency involving the student, to parents when the student has committed a disciplinary violation with respect to use or possession of alcohol or a controlled substance and the student is under 21 years of age at the time of the disclosure, to the victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense concerning the final results of a disciplinary hearing.

Additional information on Student Records is available in The Student Handbook, Part II, Section O.

10. Student Organizations

Information gathered during an investigation of student organization misconduct, as well as any conduct findings and decisions, may be shared with the inter/national or regional headquarters of organizations as appropriate. This otherwise confidential information will not be shared with other students or the Greek community.
Student organization records do not impact the content of individual student records for members of those student organizations. A finding of responsibility for misconduct for a student organization does not indicate a finding of responsibility for individual students. Individual students may be subject to their own conduct processes separate from the student organization process.

All records concerning a student organization related to conduct processes will remain on file with the University for a minimum of seven (7) years from the date of the completion of the case via Informal Resolution, Administrative or University Discipline Committee Hearing, and/or conduct appeal processes.

11. Reporting Criminally

Some instances of student misconduct may also constitute a violation of state, federal, or local law. Students have the option to report misconduct to the University, to local law enforcement, or to both. Texas Tech administrators are happy to assist students in making a report to law enforcement, and will even accompany the student if he or she wishes.

12. Amnesty

The University will provide educational options in lieu of conduct proceedings in certain situations. Examples of the amnesty provision include, but are not limited to:

• Victims of misconduct who were engaging in policy violations, such as underage drinking or drug use, at the time of the incident.
• Students who offer assistance to others by calling medical personnel or law enforcement.
• Students who bring their own use, addiction, or dependency to alcohol, drugs, or other addictions to the attention of the University prior to any conduct incidents or reports.

Abuse of amnesty provisions can result in a violation of the Code of Student Conduct. Amnesty does not preclude students from being charged with allegations of misconduct related to Part II, section B.2 (Actions against Members of the University Community and Others). The Code of Student Conduct amnesty provisions do not impact criminal proceedings or charges. Amnesty does not preclude students from being required to meet with University staff and to participate in conditions such as counseling and alcohol assessments. The Student Resolution Center can assist with questions related to amnesty provisions.

13. Withdrawal

A responding student facing an alleged violation of the Code of Student Conduct may not be permitted to withdraw from the University until all allegations are resolved.

 

B. Misconduct

 

1. Academic Dishonesty

Academic misconduct includes cheating, plagiarism, collusion, falsifying academic records, misrepresenting facts, violations of published professional ethics/standards, and any act or attempted act designed to give unfair academic advantage to oneself or another student. Additional information about academic misconduct is available in the Texas Tech University Community Policies section.

a. Cheating

1. Copying from another student's academic work, test, quiz, or other assignment
2. Receiving assistance from and/or seeking aid from another student or individual to complete academic work, test, quiz, or other assignment without authority.
3. The use or possession of materials or devices during academic work, test, quiz or other assignment which are not authorized by the person administering the academic work, test, quiz, or other assignment.
4. Possessing, using, buying, stealing, transporting, selling or soliciting in whole or in part items including, but not limited to, the contents of an unadministered test, test key, homework solution, or computer program/ software. Possession, at any time, of current or previous course materials without the instructor's permission.
5. Obtaining by any means, or coercing another person to obtain items including, but not limited to, an unadministered test, test key, homework solution or computer program/software, or information about an unadministered test, test key, homework solution or computer program.
6. Transmitting or receiving information about the contents of academic work, test, quiz, or other assignment with another individual who has completed or will complete the academic work, test, quiz, or other assignment without authority.
7. Substituting for another person, or permitting another person to substitute for oneself in order to take a course, take a test, quiz or other assignment or sign in/register attendance.
8. Taking, keeping, misplacing, damaging or altering 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.
9. Falsifying research data, laboratory reports, and/or other academic work offered for credit.
10. Failing to comply with instructions given by the person administering the academic work, test, quiz or other assignment.

b. Plagiarism

1. The representation of words, ideas, illustrations, structure, computer code, other expression or media of another as one's own and/or failing to properly cite direct, paraphrased or summarized materials.
2. Self-plagiarism which involves the submission of the same academic work more than once without the prior permission of the instructor and/or failure to correctly cite previous work written by the same student.

c. Collusion

The unauthorized collaboration with another individual to complete academic work, test, quiz, or other assignment, providing unauthorized assistance to another student, allowing another student access to completed academic work, and/or conspiring with another person to commit a violation of academic dishonesty.

d. Falsifying academic records

1. Altering or assisting in the altering of any official record of the University and/or submitting false information.
2. Omitting requested information that is required for, or related to, any official record of the University.

e. Misrepresenting facts

1. Providing false grades, falsifying information on a resume, or falsifying other academic information.
2. Providing false or misleading information in an effort to injure another student academically or financially.
3. Providing false or misleading information or official documentation in an effort to receive a postponement or an extension on academic work, test, quiz, other assignment, or credit for attendance in order to obtain an academic or financial benefit for oneself or another individual.
NOTE: Examples include, but are not limited to, fabricated, altered, misleading, or falsified documentation for medical excuses family and personal emergencies, and signing into class and failing to remain the entire time.

f. Violation of Professional Standards

Any act or attempted act that violates specific Professional Standards or a published Code of Ethics.
NOTE: Students are held accountable under this policy based on their college or school of enrollment, declared major, degree program, and/or pre-professional program.

g. Unfair Academic Advantage

Any other action or attempted action that may result in creating an unfair academic advantage for oneself or may result in creating an unfair academic advantage or disadvantage for another student that is not enumerated in items a-f.

2. Actions Against Members of the University Community and Others

 

Any act, or attempted act, perpetuated against a member of the University community including, but not limited to:

  1. a. Disruptive and/or Obstructive Conduct
    Intentional or reckless behavior that disrupts or obstructs the normal operation of the University, its students, faculty and/or staff.

  2. b. Harmful, Threatening, or Endangering Conduct
    Intentional or reckless behavior that harms, threatens, or endangers the physical or emotional health or safety of self or others, including but not limited to:

    1. Assault

    a. Intentionally or recklessly causing physical harm or endangering the health or safety of another person.
    b. Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

    2. Threats
    Written or verbal acts that would cause significant distress or fear in a reasonable person or that a reasonable person would interpret as a serious expression of a threat or intent to inflict bodily harm upon specific individuals or groups of individuals.

    3. Intimidation
    An implied threat or act that causes a reasonable fear of harm in another.

    4. Intimate partner / relationship violence
    Violence or abuse, verbal or physical, by a person in an intimate relationship with another.

    5. Bullying / cyber bullying

    a. Repeated or severe aggressive behaviors that intimidate or intentionally harm or control another person physically.
    b. Severe, pervasive, and objectively offensive behaviors that intimidate or intentionally harm or control another person emotionally.

    6. Stalking
    Behavior which includes, but is not limited to, knowingly and repeatedly engaging in conduct that the individual knows or reasonably should know the other person will regard as unwelcome and would cause a reasonable person to be fearful or suffer substantial emotional distress. 

  3. Sexual Misconduct

    1. Sexual Harassment
    Unwelcome verbal, written, or physical conduct or attempted conduct of a sexual nature that is sufficiently severe, persistent, or pervasive that it unreasonably interferes with the student's educational experience or creates a hostile educational environment.

    2. Sexual Exploitation
    Taking non-consensual or abusive sexual advantage of another for the benefit of oneself or a third party. Prohibited behavior includes, but is not limited to:

    a. Photography or video recording of another person in a sexual, intimate, or private act without that person's full knowledge and consent;
    b. Purposeful distribution or dissemination of sexual or intimate images or recordings of another person without that person's full knowledge and consent;
    c. Sexual voyeurism;
    d. Inducing another to expose one's genitals or private areas;
    e. Prostituting another student;
    f. Engaging in sexual activity while knowingly infected with an STD.

    3. Public Indecency
    Engaging in private or sexual acts in a publicly viewable location, such that it is offensive to accepted standards of decency. Including, but not limited to exposing one's genitals or private area(s), public urination, defecation, and/or public sex acts.

    4. Nonconsensual Sexual Contact
    Intentional sexual touching, however slight and with any object or part of one's body, of another's private areas without consent. Private area includes butt, breasts, mouth, genitals, groin area, or other bodily orifice.

    5. Nonconsensual Sexual Intercourse
    Sexual penetration or intercourse, however slight and with any object, without consent. Penetration can be oral, anal, or vaginal.

    NOTE: Refer to Appendix A: Definitions for a comprehensive definition of consent

  4. Hazing
    Intentional, knowing, or reckless act directed against a student by one person acting alone or by more than one person occurring on or off University premises that endangers the mental or physical health or safety of a student for the purpose of pledging or associating with, being initiated into, affiliating with, holding office in, seeking and/or maintaining membership in any organization whose membership consists of students. Consent and/or acquiescence by a student or students subjected to hazing is not a reasonable defense in a disciplinary proceeding. Hazing includes, but is not limited to:

          1. Any type of physical brutality, such as whipping, beating, using a harmful substance on the body or similar activity.

          2. Any type of physical activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of a student, such as sleep deprivation, exposure to the elements, confinement in a small space, or calisthenics.

          3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug or other substance which subjects a student to an unreasonable risk of harm or which adversely affects the mental or physical health or safety of a student.

          4. Any activity that intimidates or threatens a student with ostracism, that subjects a student to extreme mental stress, shame or humiliation, adversely affects the mental health or dignity of a student, or discourages a student from entering or remaining enrolled at the University, or may reasonably be expected to cause a student to leave the organization or the University rather than submit to acts described above.

          5. Any activity in which a person solicits, encourages, directs, aids or attempts to aid another in engaging in hazing; intentionally, knowingly or recklessly permits hazing to occur; has firsthand knowledge of the planning of a specific hazing incident which has occurred and knowingly fails to report the incident in writing to the Office of Student Conduct.

          6. Any activity in which hazing is either condoned or encouraged or any action by an officer or combination of members, pledges, associates or alumni of the organization of committing or assisting in the commission of hazing.

          7. Any activity that involves coercing a student to consume an alcoholic beverage, liquor, or drug, or creates an environment in which the student reasonably feels coerced to consume any of those substances.

        NOTE: See Texas Education Code, Sections 37.151-37.155 and Section 51.936
  5. Discriminatory Harassment
    Conduct based on a student's sex, race, national origin, religion, age, disability, sexual orientation, or other protected categories, classes, or characteristics that is sufficiently severe, persistent, or pervasive that it adversely affects the victim's education or creates an intimidating, hostile, abusive or offensive educational environment which interferes with the student's ability to realize the intended benefits of the University's resources and opportunities.

  6. Retaliatory Discrimination or Harassment
    Any intentional, adverse action taken by a responding individual or allied third party, absent legitimate nondiscriminatory purposes, against a participant [or supporter of a participant] in a conduct process, civil rights grievance proceeding, or other protected activity.
  7. Complicity

    1. Assisting via acts or omissions another student, individual, or group in committing or attempting to commit a violation of the Code of Student Conduct, specifically violations that constitute Actions against Members of the University Community.

    2. Complicity with or failure of any organized group to address known or obvious violations of the Code of Student Conduct by its members, specifically Actions against Members of the University Community.

    NOTE: Actions involving free expression activities are covered in Community Policies, Section G.

3. Alcoholic Beverages

  1. Use, possession, sale, delivery, manufacture or distribution of alcoholic beverages, except in accordance with federal, state, local law, and/or Texas Tech University policy.
  2. Being under the influence of alcohol and/or intoxication as defined by federal, state, local law and/or Texas Tech University policy.
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4. Narcotics or Drugs

  1. Use, possession, sale, delivery, manufacture or distribution of any narcotic, drug, and/or medicine prescribed to another person, chemical compound or other controlled substance, except in accordance with federal, state, local law, and/or Texas Tech University policy.y policy.
  2. Possession of drug-related paraphernalia, except in accordance with federal, state, local law, and/or Texas Tech University policy.
  3. Being under the influence of narcotics, drugs, medicine prescribed another person, chemical compound or other controlled substance, except in accordance with federal, state, local law, and/or Texas Tech University policy.

5. Smoking

Smoking in unauthorized areas on University property as designated by the Texas Tech University smoke-free and tobacco-free environment policy.

6. Firearms, Weapons and Explosives

Use or possession of any items used as weapons, including, but not limited to, handguns, firearms, ammunition, fireworks, pellet guns, paintball guns, BB guns, knives, or explosive or noxious materials on University premises except in accordance with federal, state, local law, and/or Texas Tech University policy.

NOTE: See University Student Housing Contract Guide for specific approved devices allowed in the residence halls.

7. Flammable Materials/Arson

  1. Use or possession of flammable materials, including incendiary devices or other dangerous materials, or substances used to ignite, spread, or intensify flames for fire, except as expressly permitted by University officials, such as the Outdoor Events Coordinating Committee.
  2. Attempting to ignite and/or the action of igniting University and/or personal property on fire either by intent or through reckless behavior that results, or could result, in personal injury or property damage of University premises.

8. Theft, Damage, Littering or Unauthorized Use

  1. Attempted or actual theft of property or services of the University, other University students, other members of the University community, or campus visitors.
  2. Possession of property known to be stolen or belonging to another person without the owner’s permission.
  3. Attempted or actual damage to property owned or leased by the University, littering (as defined by the State of Texas Health and Safety Code, Section 365.011.6) on grounds owned or leased by the University, by other University students, other members of the University community, or campus visitors.
  4. Littering (as defined by the State of Texas Health and Safety Code, Section 365.011.6) on grounds owned or leased by the University, by other University students, other members of the University community, or campus visitors.
  5. Attempted or actual unauthorized use of a credit card, debit card, student identification card, cell phone, personal identification number, test number, eRaider account information and/or personal check, or other unauthorized use of personal property or information of another.
  6. Alteration, forgery or misrepresentation of any form of identification.
  7. Possession or use of any form of false identification.
  8. Failure to meet financial obligations owed to the University, or components owned or operated by the University, including, but not limited to, the writing of checks from accounts with insufficient funds.

9. Gambling, Wagering, Gaming and/or Bookmaking

Gambling, wagering, gaming and bookmaking as defined by federal, state, local laws, and/or Texas Tech University policy are prohibited on University premises involving the use of University equipment or services.

10. False Alarms or Terroristic Threats

Intentional sounding of a false fire alarm, falsely reporting an emergency or terroristic threat in any form, issuing a bomb threat, constructing mock explosive devices, destruction or activation of fire sprinklers, filing false police reports, or improperly possessing, tampering with or destroying fire equipment or emergency signs on University premises.

11. Unauthorized Entry, Possession or Use

  1. Unauthorized entry into or use of University premises or equipment including another student’s room.
  2. Unauthorized possession, use, duplication, production or manufacture of any key or unlocking device, University identification card or access code for use in university premises or equipment.
  3. Unauthorized use of the University name, logo, registered marks or symbols; however, registered student organizations are permitted to use the word “Tech” as a part of their organizational names or to use the complete statement “a registered student organization at Texas Tech University.”
  4. Unauthorized use of the University name to advertise or promote events or activities in a manner that suggests sponsorship and/or recognition by the University.

12. Failure to Comply

  1. Failure to comply with reasonable directives and/or requests of a University official acting in the performance of his or her duties.
  2. Failure to present student identification on request or identify oneself to any University official acting in the performance of his other duties.
  3. Failure to comply with the sanctions imposed by a Student Conduct Officer/Investigator under the Code of Student Conduct or the Student Handbook.

13. Abuse, Misuse or Theft of University Information Resources

Unauthorized use of University information resources is prohibited, and may be subject to criminal prosecution in addition to disciplinary sanctions, conditions and/or Page 18 of 86 restrictions pursuant to the Code of Student Conduct. “Information resources” means procedures, equipment and software, regardless of location, that are employed, designed, built, operated, and maintained to collect, record, process, store, retrieve, display, and transmit University information, and associated personnel, including consultants and contractors, regardless of whether the personnel are employed by the University or retained as independent contractors. Usage of TTU information resources may be subject to security testing and monitoring, and users have no expectation of privacy except as otherwise provided by applicable privacy laws. Use of information resources is also subject to the Information Technology Security Policies (http://depts.ttu.edu/infotech/security/), University Operating Policies, and other applicable laws. Abuse, misuse, or theft of University information resources includes, but is not limited to the following:

  1. Unauthorized use of University information resources including, but not limited to, private information and passwords, including the unauthorized sharing of private information or passwords with individuals who otherwise have no authority to access University information resources.
  2. Use of University information resources for unauthorized or nonacademic purposes including, but not limited to, illegal access, attempted or actual unauthorized accessing, copying, transporting or installing programs, records, data, or software belonging to the University, another user, or another entity, and/or illegal activity (e.g., sharing copyrighted materials or media).
  3. Using University information resources to violate Part 1, Section B2 Actions Against Members of the University Community or Others.
  4. Attempted or actual breach of the security of another user’s account and/or computing system, depriving another user of access to TTU Information resources, compromising the privacy of another user or disrupting the intended use of TTU information resources.
  5. Attempted or actual use of the University’s TTU information resources resources for unauthorized political or commercial purposes, or for personal gain.
  6. Access, creation, storage, or transmission of material deemed obscene (as defined by Chapter 43 of the State of Texas Penal Code on Public Indecency or other applicable laws). Exceptions may be made for academic research where this aspect of the research has the written consent of the Department Head. Discovery of obscene material, including child pornography, on any TTU information resource must be reported to the Information Security Office or Chief Information Officer immediately.
  7. Attempted or actual destruction, disruption or modification of programs, records or data belonging to or licensed by the University or another user or destruction of the integrity of computer-based information using TTU information resources.
  8. Attempted or actual use of TTU information resources to interfere with the normal operation of the University.
  9. Intentional “spamming” of students, faculty or staff (defined as the sending of unsolicited and unwanted e-mailselectronic communications, including but not limited to e-mails and text messages to parties with whom the sender has no existing business, professional or personal acquaintance) using TTU information resources.

14. Providing False Information or Misuse of Records

Knowingly furnishing false information to the University, to a University official in the performance of their duties, or to an affiliate of the University, either verbally or through forgery, alteration or misuse of any document, record or instrument of identification.

15. Skateboards, Rollerblades, Scooters, Bicycles or Similar Modes of Transportation

Use of skateboards, rollerblades, scooters, bicycles or other similar modes of transportation in University buildings or on University premises in such a manner as to constitute a safety hazard or cause damage to University or personal property.

NOTE: Refer to University Parking Services Regulations at http://www.parking.ttu.edu/Resources/pdf/rulesregulations.pdf.

16. Violation of Published University Policies, Rules or Regulations

Violation of any published University policies, rules or regulations that govern student or student organization behavior, including, but not limited to, violations of University Operating Policies and Procedures and Texas Tech Regents Rules.

  1. University Parking Services
  2. University Student Housing
  3. Recreational Sports
  4. Texas Tech University Board of Regents’ Rules
  5. Texas Tech University Operating Policies and Procedures
  6. Community Policies in Part II of the Student Handbook

17. Violation of Federal, State, Local Law and/or University Policy

Misconduct which may constitute a violation of federal, state local laws, and/or Texas Tech University policy will be considered a violation of this policy, and will be investigated and adjudicated through the University conduct system and standard of proof. A lack of conviction in any criminal proceeding will not, in and of itself, serve as evidence in a University conduct proceeding.

18. Abuse of the Discipline System

  1. Failure of a student to respond to a notification to appear before a Student Conduct Officer during any stage of the conduct process.
  2. Falsification, distortion, or misrepresentation of information in disciplinary proceedings.
  3. Disruption or interference with the orderly conduct of a disciplinary proceeding.
  4. Filing an allegation known to be without merit or cause.
  5. Discouraging or attempting to discourage an individual’s proper participation in or use of the disciplinary system.
  6. Influencing or attempting to influence the impartiality of a member of a disciplinary body prior to and/or during the disciplinary proceeding.
  7. Influencing or attempting to influence another person to commit an abuse of the discipline system.

 

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C. Conduct Procedures For Students

Upon notice of an alleged violation of the Code of Student Conduct, The Dean of Students or The Managing Director of the Office of Student Conduct will appoint a Student Conduct Officer/ Investigator to review allegations of misconduct. The Student Conduct Officer/Investigator will inquire, gather and review information about the reported student misconduct, and will evaluate the accuracy, credibility, and sufficiency of the information.

Incidents will be forwarded for investigation when there is reasonable cause to believe a policy has been violated. Reasonable cause is defined as some credible information to support each element of the offense, even if that information is merely a credible witness or Complainant statement. If it is determined that the information reported does not warrant an allegation, a policy warning letter may be issued to clarify the policy that was in question.

When an initial report of misconduct by a third party does not identify the victim or the victim is not available, the Student Conduct Officer/Investigator will investigate the reported incident to fullest extent of the information available.

When a Complainant is identified, but is reluctant to participate in the investigative process and/or the student conduct process entirely, the University will make every attempt to follow the wishes of the Complainant while weighing the interests of the campus community and the possibility of a continuing threat. If the Complainant does not want to participate in the investigative process but has no aversion to the University pursuing conduct action with respect to the named Respondent, the University will proceed with the student conduct process to the extent of the information available. If the Complainant does not want the University to pursue the report in any respect, the University will investigate further only if there is reason to believe that a significant continuing threat to the campus community exists.

1. Remedies and Resources

The University will take immediate action to eliminate hostile environments, prevent reoccurrence, and address any effects on the Complainant and community prior to the initiation of formal investigation and/or formal conduct procedures. These immediate steps will be taken to minimize the burden on the Complainant while respecting due process rights of the Respondent. Remedies for students may include, but are not limited to counseling services, victim's advocate assistance, and modifications to on-campus housing, modifications to parking permissions, and modifications to academic schedule. Remedies will be evaluated on a case-by-case basis.

a. Resources
Texas Tech University has a variety of resources to assist students involved in conduct processes or experiencing concerns related to other student conduct. Resources include, but are not limited to assistance in reporting criminal behavior to the Texas Tech Police Department or Lubbock Police Department, counseling services, medical assistance, academic support referrals, and other support services. The Student Resolution Center is also available to help students understand the student conduct process and identify resources.

b. Interim Actions
Under the Code of Student Conduct, the Dean of Students or designee may impose restrictions and/or separate a student from the community pending the completion of the conduct process for alleged violation(s) of the Code of Student Conduct when a student represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve University property and/or to prevent disruption of, or interference with, the normal operations of the University. Interim actions can include separation from the institution or restrictions on participation in the community pending the completion of the conduct process for alleged violation(s) of the Code of Student Conduct. A student who receives an interim suspension may request a meeting with the Dean of Students or designee to demonstrate why an interim suspension is not merited. Regardless of the outcome of this meeting, the University may still proceed with the scheduling of a campus Hearing. During an interim suspension, a student may be denied access to University Student Housing and/or the University campus/facilities/events. As determined appropriate by the Dean of Students or designee, this restriction may include classes and/or all other University activities or privileges for which the student might otherwise be eligible. At the discretion of the Dean of Students or designee and with the approval of, and in collaboration with, the appropriate Dean(s), alternative coursework options may be pursued to ensure as minimal an impact as possible on the responding student. Students are informed of interim actions by the official notice procedures outlined in Part I, section A.3 of the Code of Student Conduct. Interim action is not a sanction. It is taken in an effort to protect the safety and well-being of the Complainant, Respondent, and/or other members of the University Community. Interim action is preliminary in nature; it is in effect only until the conduct process has been completed. However, violations of interim administrative action may result in additional allegations of the Code of Student Conduct.

  1. 1. No Contact Order
    When initial inquiry indicates persistent and potentially escalating conflict between two members of the University community, a No Contact Order may be issued as a remedial, non-punitive deterrent to further conflict or situational complication. A No Contact Order will be issued by the Office of Student Conduct or Dean of Students via the student's official Texas Tech email. The notice serves as an official directive that the student(s) have no contact with the other listed parties. Contact cannot occur in person, by telephone, email, text message or other electronic means of communication, or through a third party (other than an attorney). Should contact need to occur, the student should coordinate with the Office of Student Conduct. This notice may also come with other information related to changes in class schedule or other restrictions to facilitate the no contact order. Failure to comply with the no contact order is considered retaliation and will result in disciplinary action, including possible suspension or expulsion. Violations of no contact orders may also result in immediate temporary suspension during the completion of the conduct process. The term of a No Contact Order is indefinite, unless otherwise stated in the Order.
    2. Immediate Temporary Suspension – Students
    A student may be temporarily suspended pending completion of conduct procedures if, in the judgment of the Dean of Students, or on recommendation of a Student Conduct Officer/Investigator, the physical or emotional well-being of a student or other students or members of the University community could be endangered or if the presence of the student could significantly disrupt the normal operations of the University. The Dean of Students or designee will notify the Managing Director of the Office of Student Conduct to initiate appropriate conduct procedures to address the disruptive behavior within five (5) University working days from the date of temporary suspension.

    Upon Immediate Temporary Suspension, the student may no longer attend classes, use University services and/or resources, and is not allowed to be on campus until the conduct proceedings have been concluded. Any instances whereby the student should need to return to campus must be coordinated through the Office of Student Conduct and the Texas Tech Police Department. Conduct, on or off campus that typically results in immediate temporary suspension:

 

• A significant and articulable threat to the health or safety of a student or other member(s) of the University community;
• Sexual assault, other forms of sexual misconduct, stalking, and relationship violence that are creating a hostile environment for the victim and the remedy for the harassment requires temporary separation;
• Criminal felony charges related to weapons, drugs, aggravated assault, and/or terroristic threats;
• Severe disruption in the academic community related to erratic behavior, threats, property damage, and/or verbal aggression with another student, where the offending student is uncooperative with staff requests;
• Violation of a No Contact Order;
• Retaliatory harm, discrimination, or harassment.

3. Other Interim Actions
In the event that the physical or emotional well-being of a student, other students, or members of the University community could be endangered, or if the presence of the student could significantly disrupt the normal operations of the University, other interim actions may be taken to protect the educational environment. These actions include, but are not limited to, temporary removal from University Student Housing, temporary changes in a student's academic schedule, and temporary restrictions from University activities, services and/or buildings.

4. Non-Student Interim Actions
Any guest to the University who is alleged to have violated the Code of Student Conduct and/or is deemed to pose a threat to the physical and/or emotional well-being of a student or other members of the University community and/or the presence of an individual could significantly disrupt the normal operations of the University, the Office of Student Conduct, in conjunction with the Texas Tech Police Department, will issue a Criminal Trespass to that individual(s).

5. Withdrawal of Consent

a. Grounds for Removal
The Student Conduct Officer/Investigator or another University agent acting in accordance with his/her duties may recommend to the Dean of Students that, in accordance with the Texas Education Code, the student have his/her consent to remain on the campus withdrawn if, in the judgment of the Student Conduct Officer/Investigator and Dean of Students, it is determined that:

• The student has willfully disrupted the orderly operation of the premises, and;
• The student's presence on the campus or facility constitutes a substantial and material threat to the orderly operation of the premises.

If the Dean of Students concurs with the Student Conduct Officer/Investigator's recommendation, permission for the student to be on University premises will be withdrawn. This Withdrawal of Consent will not be longer than fourteen (14) calendar days and a Hearing must be held within these fourteen (14) calendar days to determine the student's status at the University. Permission to be on University premises must be coordinated through the Dean of Students and the Texas Tech Police Department. The Dean of Students will notify all parties of the final decision using the written notification procedures outlined in Part I, section A.3 within five (5) University working days.

b. Registration Flag Following Withdrawal of Consent
When a student is withdrawn under this section, an administrative hold will be placed on the student's readmission to the University. This administrative hold will remain on the student's records until the student is readmitted.

NOTE: See Texas Education Code, sections 51.233-51.244

 

2. The Conduct Process

  1. Notice of Involvement
    A student will be given notice of their involvement in an alleged violation of the Code of Student Conduct by receipt of a "Notice of Involvement/Need to Talk" Letter. When preliminary information indicates that certain, identifiable student(s) are associated with the reported incident, those student(s) will be asked to meet with a Student Conduct Officer/Investigator. In addition to the possible sanctions, and in the event that a student fails to respond to written notification, an administrative hold may be placed on the student's record to prevent further registration and transcript receipt. The administrative hold will remain until such time as the Student Conduct Officer/Investigator receives an appropriate response. Failure to comply with or respond to a notice issued as part of conduct procedure and/or failure to appear will not prevent a Student Conduct Officer/Investigator from proceeding with the conduct process. Likewise, failure of a student to respond to notification to appear may result in additional alleged violations and result in a charge of Failure to Comply.

  2. Rights and Responsibilities
    Prior to the formal investigative process, a student will be provided a Student Rights and Responsibilities document. This document will be reviewed and signed by the student prior to an interview with the Student Conduct Officer/Investigator. The Student Rights and Responsibilities document informs the student of their rights to be exercised before and during the investigative process. Information gathered during the course of the investigation and student conduct process may only be shared with faculty, staff, students, and/or advisors who are directly involved in the incident or necessary to the student conduct process. Information gathered may also be disclosed in compliance with a judicial order or lawfully issued subpoena.

A student has the right to:

    1. A prompt, fair, and equitable process;
    2. Be accompanied by an advisor to any meeting or Hearing. An advisor can be any one of the following: a member of the Texas Tech Community (faculty, staff, or student), a Victim's Advocate, a parent or legal guardian, a relative, or in situations involving criminal legal proceedings, an attorney. An advisor's role is that of support – he or she may not speak on behalf of the student and does not have an active, participatory role in the conduct process. If an advisor for the accused student is an attorney, an attorney from the Office of General Counsel may attend the Hearing on behalf of the University. The Complainant and/or the student accused of alleged misconduct is responsible for presenting their own information, and therefore, advisors are not permitted to speak or participate directly in any Hearing unless authorized by a Student Conduct Officer. Students should select an advisor whose schedule allows attendance at the scheduled date and time for the Hearing, as delays will not be allowed due to the scheduling conflicts of an advisor, except at the discretion of a Student Conduct Officer/Investigator upon written request five (5) University working days in advance of the scheduled Hearing date;
    3. Refrain from making any statement relevant to the investigation. Students are expected to cooperate with the University conduct process, but may elect not to participate in the investigation process, either in part or entirely. However, a student's refusal to participate in the investigation, in whole or in part, lasts for the duration of the conduct process. In other words, if a student chooses not to provide information during the investigation, they will not be allowed to present new information during the Hearing; similarly, if a student provides only limited information during the investigation (i.e., answering some of the Investigator's questions but not others), then during the Hearing, the student will only be permitted to speak to the information he or she provided, with no additional commentary. The rationale for this policy is to prevent either party from presenting new evidence at the Hearing that was available during the investigative process for the purpose of disadvantaging the other party.
    4. NOTE: See Pre-Hearing Process, below, for details on inclusion of new, previously unavailable information after conclusion of the investigative process.
    5. The opportunity to provide information and evidence in support of his/her case;
    6. Know if they have been issued any allegations of misconduct;
    7. Know the range of sanctions that may be imposed for a conduct violation, if one is alleged and found to have occurred;
    8. Know the Texas Tech University conduct policies and procedures, and where to find them;
    9. Know that any information provided by the student may be used in a conduct proceeding;
    10. Know that if a student makes any false or misleading statements during the student conduct process, that student could be subject to further disciplinary action.

It is the student's responsibility to:

  1. Be responsive to all correspondence from the University;
  2. Provide information relevant to the incident or situation;
  3. Be honest and provide true and accurate information during the investigation;
  4. Review the Code of Student Conduct in order to fully understand all aspects of the student conduct process.
  1. Investigation

    The Managing Director of the Office of Student Conduct, or designee will appoint a Student Conduct Officer/Investigator who will conduct a thorough, reliable, and impartial investigation of the reported allegation. Reported allegations of misconduct under the Code have varying degrees of complexity and severity. Therefore, the investigation procedures described below may vary.

    When initial inquiry indicates a concurrent police investigation is occurring, the Student Conduct Officer/Investigator will, where possible, collaborate with the Texas Tech Police Department during the investigation. Elements of this collaborative investigation may include the Student Conduct Officer/Investigator coordinating with responding officers at the scene of the incident, joint interviews with police detectives, and evidence sharing. The Student Conduct Officer/Investigator will never take physical custody of any physical or electronic evidence, but will work closely with the Texas Tech Police Department to inspect, analyze, and incorporate physical or electronic evidence into the Investigative report.

    During the Investigation, Complainants and Respondents are responsible for providing all information or evidence that they believe should be considered.

    Once the Investigation is complete, the Student Conduct Officer/Investigator will compile the relevant information and evidence into an Investigation Report, which may include a timeline of the event(s), statements from interviews, physical and electronic evidence, a breakdown of the discrepancies in the various interviews, and credibility considerations. The Student Conduct Officer/Investigator will document any physical or electronic evidence in a manner that is conducive and unobstructive to concurrent or forthcoming police investigations. The Student Conduct Officer/Investigator may also include a recommended finding and sanction in the investigation report. A student will have access to review the completed Investigation Report and/or investigative materials relevant to the investigation after the Investigationhas concluded. In order to protect confidentiality however, students may not be given copies of Investigation Reports and/or investigative materials.

    Allegations of potential violations of the Code of Student Conduct, if appropriate, are assigned at the conclusion of the Investigation at which point the Student Conduct Officer/Investigator explains the options for resolution to the involved parties. Should students not participate in the Investigative Process, the conduct process may continue without their participation. The Student Conduct Officer/Investigator may assign allegation(s) to the respondent based on the information that the Student Conduct Officer/Investigator collected without the student's participation, if appropriate.

  2. Informal Resolution
    If after the Investigation, the responding student accepts responsibility for the allegations of the Code of Student Conduct outlined in an Investigation Report, the student can choose to resolve the issue informally. Should the student wish to participate in the Informal Resolution Process, the Student Conduct Officer/Investigator conducting the initial inquiry/investigation will inform the student of the appropriate sanctions for the misconduct. To participate in the Informal Resolution process, a student must accept both the finding and the sanctions. If accepted, the process ends, the finding is final, and there is no appeal.

    In cases involving another student (a Complainant) and/or a violation of Part I, section B.2 (Actions against Members of the University Community and Others) of the Code of Student Conduct, both the Complainant and the Respondent must agree to both the finding and the sanctions as recommended by the Student Conduct Officer/Investigator. The case will only be reopened if new material, previously unavailable is presented. Mediation will not be used to resolve cases involving Title IX-based allegations. The Informal Resolution, while not considered mediation, will also not be utilized to resolve cases of nonconsensual sexual intercourse.

    Written notification of the outcomes and sanctions, if applicable, of the Informal Resolution will be provided to the student and appropriate University Administrators within five (5) University working days of the effectuation of the Informal Resolution.

  3. Pre-Hearing Process
    In cases involving an Administrative or University Discipline Committee Hearing, the Pre-Hearing Process will be followed. Once the investigation is complete, the involved parties will participate in the Pre-Hearing Process. During the Pre-Hearing Process, students will be given the opportunity to review the Investigation Report, relevant evidence, and other documents to be used in the Administrative or University Discipline Committee Hearing. Other documents reviewed may include notification of Respondent's allegations, Committee composition, and Hearing Script. Following the Pre-Hearing, student(s) will be notified, via the notification procedures, outlined in Part I, section A.3 of a date, time, and location of the Hearing. Should students not participate in the Pre-Hearing Process, the conduct process may continue without their participation, including the assignment of allegations and the completion of an Administrative or University Discipline Committee Hearing.

While students may identify errors in their own statements during the Pre-Hearing, they are not able to add additional information to the Investigation Report unless that information, in the judgment of the Student Conduct Officer/Investigator, was unavailable during the investigative process and is pertinent to the consideration of the case. If a student discovers new, previously unavailable information during the time after the Pre-Hearing but before the Administrative or University Discipline Committee Hearing, the student should inform the Student Conduct Officer/Investigator immediately. If the new information is pertinent to the consideration of the case, the Student Conduct Officer/Investigator will determine whether the new information should be included in the Investigation Report or presented verbally during the Administrative or University Discipline Committee Hearing. If there is new evidence introduced, other involved parties would also be given the opportunity to provide a response to any new evidence that will be presented in the Administrative or University Discipline Committee Hearing.
The student conduct process is designed to be non-adversarial. Students will be permitted to question the statements and evidence presented by the other involved parties, but may not do so directly. After reviewing the investigation report, during the Pre-Hearing, Complainants and Respondents will have the opportunity to question the statements and evidence presented by the other involved parties, via the Student Conduct Officer/Investigator, who will pose the questions and supplement the Investigation Report.
NOTE: Questions that are deemed objectionable, inappropriate, and/or irrelevant by the Student Conduct Officer/Investigator may be rejected.

Students may indicate whether an Administrative Hearing or University Discipline Committee Hearing is preferred. However, the Student Conduct Officer/Investigator has the sole discretion in all cases to designate whether an Administrative Hearing or University Discipline Committee Hearing will be held notwithstanding the student's preference.

In cases requiring a University Discipline Committee, the Student Conduct Officer/Investigator will share the pool of faculty, staff, and students trained for University Discipline Committees. Students will be given the opportunity to request to strike any member of the University Discipline Committee whose impartiality may be in question. In order to strike a member of the University Discipline Committee, the student must provide the Student Conduct Officer/Investigator with a reasonable and substantiated rationale for the request. Once the composition of the University Discipline Committee is set, the Student Conduct Officer/Investigator will schedule the University Discipline Committee Hearing.

3. Hearings

Upon completion of the initial inquiry/investigation, after the allegation(s) have been assigned, and proper notice has been given to the student, the University may proceed to conduct either an Administrative or a University Discipline Committee Hearing and issue a finding and accompanying sanctions, if applicable. The Administrative or University Discipline Committee Hearing may be held and a decision made, regardless of whether the student responds, fails to respond, attends the Hearing, or fails to attend the Hearing. Should the student fail to attend the Administrative or University Discipline Committee Hearing, the Student Conduct Officer/Investigator or the University Discipline Committee may consider the information contained in the Investigation Report and render a decision.

Hearings are closed to the public. In cases involving another student (a Complainant) and/or a violation of Part I, section B.2 (Actions against Members of the University Community and Others) of the Code of Student Conduct, both the Complainant and the Respondent students have the right to be present at the Hearing; however, they do not have the right to be present during deliberations. Arrangements can be made so that complaining and responding students do not have to physically be in the Hearing room at the same time. To request changes in the scheduled Hearing time, students should contact the Office of Student Conduct prior to the scheduled Hearing.

  1. a. Administrative Hearing
    An Administrative Hearing is the process of adjudicating allegations of violations of the Code of Student Conduct by an Administrative Hearing Officer. The Administrative Hearing Officer in an Administrative Hearing may be the Student Conduct Officer/Investigator that completed the Investigation Report, or Administrative Hearing Officer assigned by the Managing Director of the Office of Student Conduct, or designee. The Administrative Hearing Officer makes the decision of responsibility and assigns sanctions, as appropriate. Written notification of the outcomes of the Administrative Hearing will be provided to the student within five (5) University working days of the conclusion of the Administrative Hearing. Decisions made through the Administrative Hearing may be appealed by students by utilizing the Disciplinary Appeal Procedures outlined in Part II, section C.5.
  2. b. University Discipline Committee Hearing
    A University Discipline Committee Hearing panel consists of five (5) University Discipline Committee Members including faculty, staff and students. Availability may determine a different composition for the Hearing panel. In cases involving Part II, section B.1 (Academic Misconduct), the Committee is comprised only of students and faculty. In cases including discrimination, sexual misconduct, or other sensitive issues, the Committee will only include faculty and staff.

    During the University Discipline Committee Hearing, a designated Committee Chairperson will facilitate the Hearing process. Hearing proceedings, excluding the deliberations of the University Discipline Committee, will be recorded by the University.

    The Managing Director of the Office of Student Conduct, or designee will appoint a Committee Resource Person to serve as a non-voting participant in the University Discipline Committee Hearing. The Committee Resource Person will be a trained University staff member who may:

  • Prepare the University Discipline Committee Hearing materials;
  • Record the University Discipline Committee proceedings;
  • Escort participants into the Hearing room, grant breaks for participants, and distribute evidentiary materials;
  • Ensure proper decorum throughout the University Discipline Committee Hearing;
  • Ensure the procedural soundness of the University Discipline Committee Hearing;
  • Provide student conduct history of the Respondent during the sanctioning phase, if necessary;
  • Transcribe the findings of the University Discipline Committee Hearing;
  • Compile the post-Hearing documentation,
  • Deliver notification to student parties.

The Student Conduct Officer/Investigator presents the Investigation Report, evidence, witnesses, allegation(s), questions for deliberation, and may include a recommended finding and sanction in some cases. The Complainant and Respondent have the right to add or make additional comments about the facts of the case. The University Discipline Committee may question the Student Conduct Officer/Investigator, Complainant, Respondent and any witnesses. The Complainant and Respondent do not have the right to question each other or witnesses directly, but may pose questions through the Student Conduct Officer/Investigator. Should new evidence be presented without prior discussion with the Student Conduct Officer/Investigator, the Hearing may be halted to consider the inclusion of this information. Impact statements will also be halted if they are shared prior to the sanctioning phase of the Hearing. In the event that a student is removed from a Hearing due to misconduct (Complainant, Respondent, or witnesses), the alleged misconduct will be forwarded to the Office of Student Conduct.
Following the Hearing, the University Discipline Committee will deliberate and will render a decision in regard to the alleged misconduct as well as decide any sanctions, if applicable. Should the University Discipline Committee have any questions for the Student Conduct Officer/Investigator, the Complainant, and/or the Respondent, the University Discipline Committee Hearing will reconvene so that all parties have the opportunity to respond and be present for other parties' responses.

Outcomes of the University Discipline Committee will be provided to the student(s) in writing within five (5) University working days of the conclusion of the University Discipline Committee Hearing. Decisions made through the University Discipline Committee Hearing may be appealed by students by utilizing the Disciplinary Appeal Procedures outlined in Part II, section C.5.

4. Sanctions

A Student Conduct Officer/Investigator, Administrative Hearing Officer, or a University Discipline Committee may impose sanctions as a result of an Informal Resolution, Administrative Hearing, or University Discipline Committee Hearing, when a student is found responsible. The potential sanctions are listed in the Code of Student Conduct grid at http://www.depts.ttu.edu/studentconduct. The grid is provided only as a guideline for administering sanctions by the Student Conduct Officer/Investigator, Administrative Hearing Officer, or the University Discipline Committee. The Student Conduct Officer/Investigator, Administrative Hearing Officer and/or the University Discipline Committee may deviate from the grid.

Implementation of the disciplinary sanction(s) will not begin and are not deemed final until either the time for a disciplinary appeal has expired or until the disciplinary appeal process is exhausted. Sanctions agreed upon through the Informal Resolution process are final upon effectuation of the Informal Resolution. When sanctions are final, appropriate University Administrators may be notified of the student's sanctions. Upon the judgment of the Managing Director of the Office of Student Conduct, some cases resulting in sanctioning of suspension and expulsion may begin prior to the completion of the disciplinary appeal process.

All records related to the disciplinary process will remain on file in the Office of Student Conduct or University Student Housing for a minimum of seven (7) years from the date the case is completed through an Informal Resolution, Administrative Hearing, or University Discipline Committee Hearing and/or Disciplinary Appeal Procedures in Part I, section C.5. All records related to the disciplinary process resulting in suspension and/or expulsion will remain on file indefinitely.

If a student is found responsible for violating the Code of Student Conduct, sanctions may be imposed and can include, but are not limited to the following:

  1. Disciplinary Reprimand
    The disciplinary reprimand is an official written notification using the notice procedures outlined in Part I, section A.3 to the student that the action in question was misconduct.

  2. Disciplinary Probation
    Disciplinary Probation is a period of time during which a student's conduct will be observed and reviewed. The student must demonstrate the ability to comply with University policies, rules, and/or standards and any other requirement stipulated for the probationary period. Further instances of misconduct under the Code of Student Conduct during this period may result in additional sanctions.

  3. Deferred Disciplinary Suspension
    Deferred Disciplinary Suspension is a period of time where a Disciplinary Suspension may be deferred for a period of observation and review, but in no case will the Deferred Disciplinary Suspension be less than the remainder of the semester. Further instances of misconduct under the Code of Student Conduct during this period may result in additional sanctions.

  4. Time-Limited Disciplinary Suspension
    Time-Limited Disciplinary Suspension is a specific period of time in which a student is not allowed to participate in class or University related activities. The status of Disciplinary Suspension will be shown on the student's academic record, including the transcript. Time-limited disciplinary suspension is noted on the student's transcript by the phrase "Disciplinary Suspension" and will include the period of time in which the student is/was suspended from the University. The notation of disciplinary suspension will remain on the transcript indefinitely. Notification of disciplinary suspension of a student will indicate the date on which it begins and the earliest date the application for student readmission will be considered. The Student Conduct Officer/Investigator may deny a student's readmission, if the student's misconduct during the suspension would have warranted additional disciplinary action. If the student has failed to satisfy any sanction that was imposed prior to application for readmission, the Student Conduct Officer/Investigator may deny readmission to a student. On denial of a student's readmission, the Managing Director of the Office of Student Conduct will set a date when another application for readmission may again be made. An administrative hold will be placed on the student record to prevent registration during the Disciplinary Suspension.

    NOTE: For information pertaining to academic courses taken at another higher education institution during time-limited disciplinary suspension, please refer to OP 34.21 located at http://www.depts.ttu.edu/opmanual/OP34.21.pdf

  5. Disciplinary Expulsion
    Disciplinary Expulsion occurs when the student is permanently withdrawn and separated from the University. The status of Disciplinary Expulsion will be shown permanently on the student's academic record, including the transcript. Disciplinary Expulsion is noted on the student's transcript by the phrase "Disciplinary Expulsion" and the date in which the student's expulsion was effective. An administrative hold will be placed on the student record to prevent future registration.

  6. Conditions
    A condition is an educational or personal element that is assigned by Student Conduct Officer/Investigator, Administrative Hearing Officer, or University Discipline Committee. Costs associated with conditions may be the responsibility of the student. Some examples of conditions include, but are not limited to:
  • Personal and/or academic counseling intake session;
  • Discretionary educational conditions and/or programs of educational service to the University and/or community;
  • Residence hall relocation and/or contract review/cancellation of residence hall contract and/or use of dining facilities;
  • Restitution or compensation for loss, damage or injury, which may take the form of appropriate service and/or monetary or material replacement;
  • Monetary assessment owed to the University;
  • Completion of an alcohol or drug education program;
  • Referral to the BASICS Program for assessment.
  1. Restrictions
    A restriction is an additional component of a disciplinary sanction. A restriction is usually an educational component that is to occur in conjunction with the sanctions and will usually be time specific. Some examples of restrictions include, but are not limited to:
  • Revocation of parking privileges;
  • Denial of eligibility for holding office in registered student organizations;
  • Denial of participation in extracurricular activities;
  • Prohibited access to University facilities and/or prohibited direct or indirect contact with members of the University community;
  • Loss of privileges on a temporary or permanent basis.
  1. Academic Penalties
    In cases involving violations of Part II, section B.1 (Academic Misconduct) an academic penalty may be imposed by the referring party. Academic penalties include, but are not limited to:
  • Assignment of a grade for the relevant assignment, exam, or course;
  • Relevant make-up assignments;
  • No credit for the original assignment;
  • Reduction in grade for the assignment and/or course;
  • Failing grade on the assignment;
  • Failing grade for the course;
  • Dismissal from a departmental program;
  • Denial of access to internships or research programs;
  • Loss of appointment to academically-based positions;
  • Loss of departmental/graduate program endorsements for internal and external fellowship support and employment opportunities;
  • Removal of fellowship or assistantship support.
  1. Parental Notification
    Violations of Part I, sections B.3 (Alcoholic Beverages) or B.4 (Narcotics or Drugs) may result in notification to the parents/guardians of dependent students under the age of 21.

5. Conduct Appeal Procedures

A student may appeal the finding or the sanction(s) imposed in an Administrative Hearing or University Discipline Committee Hearing by submitting a written petition to the designated appeal officer within five (5) University working days of the delivery of the written decision. An appeal may not be filed on behalf of the student by a third party.

The Dean of Students, or designee, will select an appeal officer in each case. The designated appeal officer will be a trained University staff or faculty member who did not serve as the Student Conduct Officer/Investigator or the Administrative Hearing Officer in the original Conduct Process and will render a neutral, impartial, and unbiased decision.

In cases involving alleged misconduct involving Part I, section B.1 (Academic Misconduct), the designated appeal officer is the Associate Academic Dean of the college where the student is enrolled or the Associate Academic Dean of the college housing the course where the violation occurred. In situations where the Associate Academic Dean participated in the Hearing as the Student Conduct Officer/Investigator or Instructor of Record, the designated appeal officer is the Academic Dean.

The petition must clearly set forth the grounds for the appeal, together with the evidence upon which the appeal is based. A disagreement with the decision alone shall not constitute grounds for appeal. The only proper grounds for appeal, and the only issues that may be considered on appeal are as follows:

  • A procedural [or substantive error] occurred that significantly impacted the outcome of the Hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
  • The discovery of new evidence, unavailable during the original Hearing or review of the case, which could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included; or
  • The sanctions imposed substantially varies from the range of sanctions normally imposed for similar infractions.

In cases involving alleged misconduct involving Part I, section B.2 (Actions against Members of the University Community and Others), either the Complainant or Respondent may appeal the decision of the Office of Student Conduct. In such cases, the Office of Student Conduct will provide the request for appeal to the other party and provide opportunity for response.

The designated appeal officer will first review the appeal to determine if the appeal is timely and properly sets forth the appropriate grounds for appeal, with adequate accompanying evidence. If any of these requirements are not met, the appeal will be dismissed, and the decision will be final.

If the designated appeal officer determines that the sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions, the appeal identifies a procedural/substantive error or new evidence that was unavailable at the original Hearing, the appeal officer will then determine whether the error or new evidence would have substantially impacted the decision of the Administrative Hearing Officer or University Discipline Committee. If the designated appeal officer determines that the error or new evidence would have substantially impacted the decision, they may:

  • Modify the finding and/or increase, decrease, or otherwise modify the sanctions;
  • Remand the case to the original Hearing Body; or
  • Remand the case to a new Hearing Body.

The Office of Student Conduct shall make all reasonable efforts to notify the student(s) of the status of the appeal throughout the appellate process and shall make all reasonable efforts to notify the student(s) the result of their appeal using the written notification procedures outlined in Part I, section A.3 within ten (10) University working days. If necessary, the Designated Appeal Officer will notify the student should they need additional time to determine the outcome of the appeal. The decision of the designated appeal officer is final and cannot be appealed.

If the designated appeal officer remands the decision to a new Hearing Body, the decision of that Hearing Body is final and may not be appealed.

6. Former Student Conduct & Readmission

A former student who engages in conduct that is a violation of the Code of Student Conduct may be subject to conduct procedures prior to reenrollment, a bar against readmission, revocation of a degree, and withdrawal of a diploma.

A student who has had an administrative hold placed on their records under this section must request readmission from the Managing Director of the Office of Student Conduct at least three (3) weeks prior to any Texas Tech University Office of Admissions application deadlines for the semester or summer session in which the student wishes to re-enroll. The student may be required by the Managing Director of the Office of Student Conduct to submit evidence in writing supportive of his/her present ability to function properly and effectively in the University community. The University will evaluate the student's request and supporting documentation with primary consideration given to satisfying all conditions specified at the time of suspension or withdrawal. If approval is granted by the Managing Director for the Office of Student Conduct for the removal of the administrative hold, the student must then complete the regular University readmission procedures.

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D. Conduct Procedures For Student Organizations

Upon notice of an alleged violation of the Code of Student Conduct by a student organization, the Dean of Students or the Managing Director of the Office of Student Conduct will appoint a Student Conduct Officer/Investigator to review allegations of misconduct. The Student Conduct Officer/Investigator will inquire, gather and review information about the reported student organization misconduct, and will evaluate the accuracy, credibility, and sufficiency of the information.

Incidents will be forwarded for investigation when there is reasonable cause to believe a policy has been violated. Reasonable cause is defined as some credible information to support each element of the offense, even if that information is merely a credible witness or Complainant statement. If it is determined that the information reported does not warrant an allegation, a policy warning letter may be issued to clarify the policy that was in question.

1. Initial Inquiry

An initial inquiry would occur to review information about the alleged misconduct and to evaluate the accuracy, credibility, and sufficiency of the information. When an initial report does not identify victims of misconduct or victims are not available, it can limit the ability to investigate the incident. When the reporting party or complainant is identified but is reluctant to participate in the investigation process or student conduct process, the University will make every attempt to follow the wishes of the complainant while weighing the interests of the campus community and the possibility of continuing inappropriate behavior and threat to the community. If the complainant does not want to participate in the investigative process but has no aversion to the university pursuing the conduct process, the University will proceed to the extent of the information available.

Decision to Document the Incident without Further Investigation
If it is determined that the information reported and available does not warrant an allegation of a conduct violation, a policy warning letter may be issued to clarify the policy that was in question. This may happen in situations where reports received are from anonymous sources with no ability to validate the credibility of the concern and the initial inquiry identifies little to no other information to support the report.

2. Remedies & Resources to Reporting Parties/Complainants

  1. The University will take immediate action to eliminate hostile environments, prevent reoccurrence, and address any effects on the Complainant and community prior to the initiation of formal investigation and/or formal conduct processes. These immediate steps will be taken to minimize the burden on the Complainant while respecting due process rights of the Respondent. Remedies for students may include, but are not limited to counseling services, victim's advocate assistance, and modifications to on-campus housing, modifications to parking permissions, and modifications to academic schedule Remedies will be evaluated on a case-by-case basis.

  2. Assistance and resources are provided to the Complainant in order to help them understand the options available to them when making a report, to determine what resolution the reporting party is seeking, to identify university and community resources to support the reporting party, and to stop any current inappropriate behavior. Resources include, but are not limited to assistance in reporting criminal behavior to the Texas Tech Police Department or Lubbock Police Department, counseling services, medical assistance, academic support referrals, and other support services. This is handled by the staff member in the Center for Campus Life, Student Resolution Center, Office of Student Conduct or Dean of Students taking the initial report. This staff member may or may not be the person to investigate the complaint.

3. Interim Actions

Under the Code of Student Conduct, the Dean of Students or designee may impose restrictions and/or temporarily suspend the registration of a student organization pending the scheduling of a campus Hearing on alleged violation(s) of the Code of Student Conduct when the student organization represents a threat of serious harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve University property and/or to prevent disruption of, or interference with, the normal operations of the University. Examples of conduct or incidents that may result in interim suspension are hazing, organization events and activities resulting in allegations of sexual misconduct, criminal felony charges, severe disruption, retaliatory harassment; alcohol/drug policy violations occurring during recruitment or social events; and cease and desist directives from inter/national or regional organizations. A student organization who receives an interim suspension may request a meeting with the Dean of Students or designee to demonstrate why an interim suspension is not merited. Regardless of the outcome of the meeting, the University may still proceed with the scheduling of a campus Hearing. During an interim suspension, the student organization is not able to access the benefits of being a registered student organization during this time period, and organization activities should cease in order to prevent additional misconduct. Student organizations are informed of interim actions by the official notice procedures outlined in Part I, section A.3. of the Code of Student Conduct. Interim action is not a sanction. It is taken in an effort to protect the safety and well-being of the Complainant, Respondent, and other members of the University Community, the University, and/or property. Interim action is preliminary in nature; it is in effect only until the conduct process has been completed. However, violations of interim actions may result in additional allegations of violations of the Code of Student Conduct.

4. Notice of Involvement

A student organization will be given notice of the organization's involvement in an alleged violation of the Code of Student Conduct by receipt of a "Notice of Involvement/Need to Talk" letter or direct contact by a Student Organization or Fraternity/Sorority Life staff member.

5. Initial Contact to the Student Organization Leadership and Advisor

In most cases, the appropriate Student Organization or Fraternity/Sorority Life staff will ask the student organization President and Faculty/Staff Advisor or Alumni Advisor for an initial response to the information received within a prompt timeframe. At this time, student organization officers and members accused of conduct violations will also receive information about resources that can assist them during the conduct proceedings. When organization leaders are prompt, cooperative and forthcoming with information to assist in the inquiry, it can reduce conduct findings and sanctions. Organizations should be aware that information gathered during this initial contact is documented for use during conduct proceedings. Organizations that fail to comply with or respond to a notice issued as part of conduct procedures and/or failure to appear will not prevent the continuation of the conduct process. Likewise, a student organization that ignores requests for information, misrepresents information, or conceals information can face additional allegations of misconduct and increased sanctions.

6. Notification of the Inter/National or Regional Headquarters (if relevant)

In most cases (with the exception of low-level concerns), Fraternity and Sorority Life staff will notify representatives of the inter/national or regional headquarters of the complaint received and process for reviewing the complaint. TTU believes in an active partnership with inter/national and regional organization staff to resolve concerns. These inter/national and regional staff and volunteers are often better able to identify opportunities to address concerns and may be conducting their own investigation and conduct process. TTU staff will specifically contact inter/national and regional organizations when a reoccurring concern indicates a climate issue for the organization, when the response of the organization is not compliant or timely, when there is an immediate threat to member or others safety, or when the organization has already participated in conduct processes for concerns.

7. Rights & Responsibilities

Prior to the formal investigation process, a student organization will be provided a Student Rights & Responsibilities document to review and sign prior to an interview with the appointed Student Conduct Officer/Investigator. The Rights & Responsibilities document informs the student organization of rights to be exercised before and during the conduct process. Those rights include the right to:

a. A prompt, fair, and equitable process;

b. Be accompanied by an advisor at any conduct or related proceeding.

  • An "advisor" can be any one of the following: a member of the Texas Tech community (faculty, staff, or student), a victim's advocate, a parent or legal guardian, a relative, or in situations involving criminal legal proceedings, an attorney.
  • An advisor's role is that of support – he or she may not speak on behalf of the organization and does not have an active, participatory role in the conduct process. If an advisor for the organization is an attorney, an attorney from TTU Office of General Counsel may attend on behalf of the University.
  • In the case of a student organization conduct preceding, the President of the student organization is asked to make a response on behalf of the organization. During these processes, the President is also encouraged to include the faculty/staff advisor for the student organization. In many cases, the President may not be able to speak on behalf of the local advisory board to the student organization, so the inclusion of a local alumni advisor is also allowed.
  • In the case of student organizations – the current President of the organization, is responsible for presenting information during the formal hearing. The roles of the advisors during formal hearings should be for support and guidance, not to speak or participate directly in the formal hearing unless authorized.
  • Student organizations should select an advisor whose schedule allows attendance at the meeting, as delays will not be allowed due to the scheduling conflicts of an advisor, except at the discretion of the investigator and with advanced notice.

c. Refrain from making any statement relevant to the investigation.

  • Student organizations are expected to cooperate with the University conduct process, but may elect not to participate in the investigation process, either in part or entirely. However, a student organization's refusal to participate in the investigation, in whole or in part, lasts for the duration of the conduct process. In other words, if a student organization chooses not to provide information during the investigation, they will not be allowed to present new information during the Hearing; similarly, if a student organization provides only limited information during the investigation (i.e., answering some of the Investigator's questions but not others), then during the Hearing, the student organization will only be permitted to speak to the information provided, with no additional commentary, The rationale for this policy is to prevent parties from presenting new evidence at the Hearing that was available during the investigative process for the purpose of disadvantaging the other party.

d. The opportunity to provide information and evidence in support of the case;

e. Know if they have been issued any allegations of misconduct;

f. Know the range of sanctions that may be imposed for a conduct violation, if one is alleged and found to have occurred;

g. Know the Texas Tech University conduct policies and procedures, and where to find them;

h. Know that any information provided by the student organization may be used in a conduct proceeding;

  • Any information provided by a student during an investigation may be used in formal conduct processes related to allegations against the student organization, the student or other students.
  • Student and student organization records are subject to the Federal Education Rights & Privacy Act (FERPA). Information collected during an investigation will be compiled into an investigation report and is considered student or student organization records. The investigation report may be shared with the assigned student conduct hearing board members or administrative officers assigned to adjudicate concerns as officials with legitimate educational interest and without written consent for release. Student and student organization records can be subpoenaed in accordance with criminal processes which could include the release of the investigation report to law enforcement officials. The investigation report may also be shared with the inter/national or regional organization headquarters staff to assist with collaborative investigations.

i. Know that if a student makes any false or misleading statements during the student conduct process, that student could be subject to further disciplinary action.

Student organization responsibilities include:

j. Be responsive to all communications from the university;

k. Provide information relevant to the incident or situation;

l. Be honest and provide true and accurate information during the investigation

m. If a student or student organization needs additional time to gather information, please inform your investigator/conduct officer.

n. Review the Code of Student Conduct in order to fully understand all aspects of the student conduct process.

8. Investigation

  1. The Dean of Students, or designee will appoint a Student Conduct Officer/Investigator to conduct a thorough, reliable, and impartial investigation of the reported concern.

  2. Reported allegations of misconduct under the Code of Student Conduct have varying degrees of complexity and severity. Therefore, the investigation procedures described below may vary. In student organization incidents there is the potential for three or more separate investigations to be occurring in a similar time frame.
  • TTU Student Organization Conduct Investigation
  • Criminal Investigation by Texas Tech, Lubbock or Other Police Departments
  • Inter/National or Regional Headquarter Investigation
  • Local Student Organization Advisory Board Investigation
  1. When initial inquiry indicates that another concurrent investigation is occurring alongside the TTU student conduct investigation, the appointed investigator(s) will, where possible, collaborate with the other entities conducting investigations. Elements of a collaborative investigation may include coordinated or joint interviews, evidence sharing, and investigation report sharing within the limits of student records policies.

  2. Investigations of student organization conduct may include the requirement for student organization members to attend an investigation meeting as a group or as individuals. Students may be asked to complete written questionnaires related to the investigation. Regardless of the nature of the investigation, students and student organizations should be aware of their rights and responsibilities in the conduct process and recognize that any information shared during the course of the student conduct investigation may be used in formal conduct processes against the student organization or the individual student. Students can always decline to participate in a collaborative investigation meeting and meet only with the student conduct investigator instead of meeting together with other investigators.

  3. During the investigative process, student organization representatives are responsible for providing all information or evidence that they believe should be considered. Once the investigative process is complete, the Student Conduct Officer/Investigator will compile the relevant information and evidence into an Investigation Report, which will include the allegations of the Code of Student Conduct and may include a timeline of the event(s), statements from the interviews, physical and electronic evidence, a breakdown of the discrepancies in the various interviews, credibility considerations, and may include a recommended finding and sanction. The Investigator will document any physical or electronic evidence in a manner that is conducive and unobstructive to concurrent or forthcoming police investigations. Student organization representatives will have access to review the completed Investigation Report and/or investigative materials relevant to the investigation after the Investigative Process has concluded. In order to protect confidentiality, student organization representatives may not be given copies of Investigation Reports and/or investigative materials.

    Allegations of potential violations of the Code of Student Conduct, if appropriate, are assigned at the conclusion of the Investigation at which point the Student Conduct Officer/Investigator explains the options for resolution to the involved parties. Should a student organization not participate in the Investigative Process, the conduct process may continue without their participation. The Student Conduct Officer/Investigator may assign allegation(s) to the respondent based on the information that the Student Conduct Officer/Investigator collected without the student organization's participation, if appropriate.

  4. Student organizations will be asked to provide information about any actions occurring voluntarily by the organization to address concerns or actions occurring related to other conduct processes (intern/national or regional actions, local alumni board actions). This information is used to inform the opportunity for an organization to be eligible for informal resolution processes or the sanctioning portion of a formal hearing if an organization is found responsible for a policy violation.

  5. A student organization will have access to a completed Investigation Report and/or investigative materials relevant to the allegation(s) after the investigative process has concluded. In order to protect confidentiality however, student organizations are not given copies of the Investigation Reports and/or investigative materials.

9. Investigation Report is Completed by Investigator and Pre-Hearing Scheduled

  1. Once the investigation report is completed, the President and his/her advisors for the student organization will be given notice of a Pre-Hearing Meeting. During this meeting, the representatives will be given an opportunity to review the Investigation Report and other documents or evidence that would be used in a formal hearing. If new or previously unavailable information is now available, the investigator will make a determination about the inclusion of the information in the report.
  • If there is not sufficient evidence to proceed to a hearing, a policy warning letter would be issued to the organization and the incident would be closed.
  • If there is sufficient evident to proceed to a hearing, the investigation report will outline the formal allegations against the student organization.
  • A discussion would occur around the opportunity for an informal resolution or a formal hearing.
  1. In cases proceeding to a formal hearing, the student organization representative(s) would review the formal hearing script and the pool of faculty, staff, and students trained for the University Discipline Committee.

10. Informal Resolution

  1. Upon review of the investigation report and the investigation process, the organization may have the opportunity to resolve the issue informally. The investigator would provide an informal resolution in writing to the organization representatives for their consideration. The organization would agree to the outlined findings of responsibility for misconduct and the outlined sanctions, conditions, and restrictions. If there is a complainant, the complainant must also agree to the informal resolution. To participate in the Informal Resolution process, student organizations must accept both the finding and the sanction, condition(s), restriction(s). There is no appeal of signed informal resolutions. Once completed, the informal resolution completes the conduct process. The case will only be reopened if new materials, previously unavailable is presented.

11. Pre-Hearing Process

  1. In cases involving an Administrative or University Discipline Committee Hearing, the Pre-Hearing Process will be followed. Once the investigative process is complete, the student organization will be given notice of a Pre-Hearing Meeting. Should student organizations not participate in the Pre-Hearing, the conduct process may continue without their participation, including the assignment of allegations and the completion of an Administrative or University Discipline Committee Hearing. During this meeting, student organizations will be given the opportunity to review the Investigation Report, relevant evidence, and other documents to be used in the Administrative or University Discipline Committee Hearing. Other documents include notification of Respondent's allegations, Committee composition, and Hearing script. Following the pre-hearing, student organizations will be notified, via the notification procedures, outlined in Part I, Section A.3 of a date, time, and location of the Hearing.

  2. While students may identify errors in their own statements during the Pre-Hearing, they are not able to add additional information to the Investigation Report unless that information, in the judgment of the Student Conduct Officer/Investigator, was unavailable during the investigative process and is pertinent to the consideration of the case. If a student discovers new, previously unavailable information during the time after the Pre-Hearing but before the Administrative or University Discipline Committee Hearing, the student should inform the Student Conduct Officer/Investigator immediately. If the new information is pertinent to the consideration of the case, the Student Conduct Officer/Investigator will determine whether the new information should be included in the Investigation Report or presented verbally during the Administrative or University Discipline Committee Hearing. If there is new evidence introduced, other involved parties would also be given the opportunity to provide a response to any new evidence that will be presented in the Administrative or University Discipline Committee Hearing.

  3. The conduct process is designed to be non-adversarial. Student organization representatives will be permitted to question the statements and evidence presented by the other involved parties, but may not do so directly. After reviewing the investigation report, during the Pre-Hearing, complainants and respondents will have the opportunity to question the statements and evidence presented by the other involved parties, via the Student Conduct Officer/Investigator, who will pose the questions and supplement the Investigation Report.

    NOTE: Questions that are deemed objectionable, inappropriate, and/or irrelevant by the Student Conduct Officer/Investigator may be rejected.

  4. Student organizations may indicate whether an Administrative Hearing or University Discipline Committee Hearing is preferred. However, the Student Conduct Officer/Investigator has the sole discretion in all cases to designate whether an Administrative Hearing or University Discipline Committee Hearing will be held notwithstanding the student's preference.

  5. In cases requiring a University Discipline Committee, the Student Conduct Officer/Investigator will share the pool of faculty, staff, and students trained for University Discipline Committees. Student organization representatives will be given the opportunity to request to strike any member of the University Discipline Committee whose impartiality may be in question. In order to strike a member of the University Discipline Committee, the student organization representative must provide the Student Conduct Officer/Investigator with a reasonable and substantiated rationale for the request. Once the composition of the University Discipline Committee is set, the Student Conduct Officer/Investigator will schedule the University Discipline Committee Hearing.

12. Formal Hearings

  1. Upon completion of the initial inquiry/investigation, after the allegation(s) have been assigned, and proper notice has been given to the student organization, the University may proceed to conduct either an Administrative or a University Discipline Committee Hearing and issue a finding and accompanying sanctions, if applicable. The Administrative Hearing or University Discipline Committee Hearing may be held and a decision made, regardless of whether the student organization responds, fails to respond, attends the Hearing, or fails to attend the Hearing. Should the student organization fail to attend the Administrative or University Discipline Committee Hearing, the Student Conduct Officer/Investigator or the University Discipline Committee may consider the information contained in the Investigation Report and render a decision. Student organization conduct processes are typically adjudicated by a University Discipline Committee.
  2. Hearings are closed to the public. Complainants and respondents have the right to be present at the formal hearing; however, they do not have the right to be present during deliberations. Arrangements will be made so that complaining and responding students are not present in the hearing room at the same time.
  3. Student organizations are typically represented by the current President and an advisor.
  4. In situations where the organization no longer has a current student representing the organization, the conduct process will continue with the information available at the time. Organizations with inter/national, regional, or local advisory staff or volunteers with a long-term interest in the organization's recognition at the University may be allowed to participate in the resolution of conduct processes when a current student is no longer able to represent the organization.
  5. Administrative Hearing
    An Administrative Hearing is the process of adjudicating allegations of violations of the Code of Student Conduct by an Administrative Hearing Officer. The Administrative Hearing Officer in an Administrative Hearing may be the Student Conduct Officer/Investigator that completed the Investigation Report, or Administrative Hearing Officer assigned by the Managing Director of the Office of Student Conduct, or designee. The Administrative Hearing Officer makes the decision of responsibility and assigns a sanctions, as appropriate. Written notification of the outcomes of the Administrative Hearing will be provided to the student within five (5) University working days of the conclusion of the Administrative Hearing. Decisions made through the Administrative Hearing may be appealed by students by utilizing the Disciplinary Appeal Procedures outlined in Part II, section C.5.
  6. University Discipline Committee Hearing
    A University Discipline Committee Hearing panel consists of five (5) University Discipline Committee Members including faculty, staff and students. Availability may determine a different composition for the Hearing panel. In cases involving Part I, section B.1 (Academic Misconduct), the Committee is comprised only of students and faculty. In cases including discrimination, sexual misconduct, or other sensitive issues, the Committee will only include faculty and staff.

    During the University Discipline Committee Hearing, a designated Committee Chairperson will facilitate the Hearing process. Hearing proceedings, excluding the deliberations of the University Discipline Committee, will be recorded by the University.

    The Managing Director of the Office of Student Conduct, or designee will appoint a Committee Resource Person to serve as a non-voting participant in the University Discipline Committee Hearing. The Committee Resource Person will be a trained University staff member who may:

  • Prepare the University Discipline Committee Hearing materials;
  • Record the University Discipline Committee proceedings;
  • Escort participants into the Hearing room, grant breaks for participants, and distribute evidentiary materials;
  • Ensure proper decorum throughout the University Discipline Committee Hearing;
  • Ensure the procedural soundness of the University Discipline Committee Hearing;
  • Provide student conduct history of the Respondent during the sanctioning phase, if necessary;
  • Transcribe the findings of the University Discipline Committee Hearing;
  • Compile the post-Hearing documentation,
  • Deliver notification to student parties.
  1. The Student Conduct Officer/Investigator presents the Investigation Report, evidence, witnesses, allegation(s), questions for deliberation, and may include a recommended finding and sanction. The Complainant and Respondent have the right to add or make additional comments about the facts of the case. The University Discipline Committee may question the Student Conduct Officer/Investigator, Complainant, Respondent and any witnesses. The Complainant and Respondent do not have the right to question each other or witnesses directly, but may pose questions through the Student Conduct Officer/Investigator. Should new evidence be presented without prior discussion with the Student Conduct Officer/Investigator, the Hearing may be halted to consider the inclusion of this information. Impact statements will also be halted if they are shared prior to the sanctioning phase of the Hearing. In the event that a student is removed from a Hearing due to misconduct (Complainant, Respondent, or witnesses), the alleged misconduct will be forwarded to the Office of Student Conduct.

  2. The investigator would provide information during sanctioning related to any previous conduct history, self-sanctioning occurring with the organization, and general information about the organization's activities and participation at TTU to help inform sanctioning.

    Following the Hearing, the University Discipline Committee will deliberate and will render a decision in regard to the alleged misconduct as well as decide any sanctions, if applicable. Should the University Discipline Committee have any questions for the Student Conduct Officer/Investigator, the Complainant, and/or the Respondent, the University Discipline Committee Hearing will reconvene so that all parties have the opportunity to respond and be present for other parties' responses.

    Outcomes of the University Discipline Committee will be provided to the student organization in writing within five (5) University working days of the conclusion of the University Discipline Committee Hearing. Decisions made through the University Discipline Committee Hearing may be appealed by students by utilizing the Disciplinary Appeal Procedures outlined in Part I, section C.5.

13. Sanctions

A Student Conduct Officer/Investigator, Administrative Hearing Officer, or a University Discipline Committee may impose sanctions as a result of an Informal Resolution, Administrative Hearing, or University Discipline Committee Hearing, when a student organization is found responsible. The potential sanctions are listed in the Student Organization Sanction Grid in the Student Handbook Appendix. The grid is provided only as a guideline for administering sanctions by the Student Conduct Officer/Investigator, Administrative Hearing Officer or the University Discipline Committee.

The cooperation of an organization during the investigation and conduct process as well as any self-sanctioning or other required sanctioning will also be considered in the determination of sanctions.

Implementation of the sanctions will not begin until either the time for a disciplinary appeal has expired or until the disciplinary appeal process is exhausted. Upon the judgment of the Managing Director of the Office of Student Conduct, some cases resulting in sanctioning of suspension and expulsion may begin prior to the completion of the disciplinary appeal process.

If a student organization is found responsible for violating the Code of Student Conduct, sanctions may be imposed and can include, but is not limited to the following:

  1. Disciplinary Reprimand
    The Disciplinary Reprimand is an official written notification that the action in question was misconduct. The disciplinary status of the organization is still good-standing.

  2. Disciplinary Probation
    Disciplinary Probation is a period of time during which the organization's conduct will be observed and reviewed. The organization must demonstrate the ability to comply with University policies and any other conditions / requirements stipulated for the period of probation. Further instance of misconduct during this time period may result in additional sanctions, conditions, and/or restrictions.

  3. Deferred Disciplinary Suspension
    Deferred Disciplinary Suspension is utilized for misconduct that could have resulted in suspension, but the suspension is deferred for a period of observation and review. Deferred suspensions are assigned for no less than one semester. Further instances of misconduct during this time period may result in immediate temporary suspension of organization activities and often result in suspension or expulsion. Deferred suspension often includes multiple conditions and restrictions for the organization to continue recognition with the university.

  4. Time-Limited Disciplinary Suspension
    Time-Limited Disciplinary Suspension is a specific period of time in which a student organization's registration with the university is suspended as well as privileges and benefits of registration. Suspended student organizations may not hold events or activities on campus, may not solicit or utilize University grounds or services to promote organizations or events or to recruit members, and may not utilize any other benefits or services provided to registered student organizations. If an inter/national or regional organization suspends the charter of an organization, this results in a sanction no less than time-limited suspension for the time period of the suspended charter. Notification of disciplinary suspension of a student organization will indicate the date on which it begins and the earliest date the student organization's application for registration will be considered. The Student Conduct Officer/Investigator may deny an application for registration if the organization's misconduct during suspension would have warranted additional disciplinary action. If the student organization has failed to satisfy any sanction that was imposed prior to application for registration, the Student Conduct Officer/Investigator may deny registration to the student organization. On a denial of student organization registration, the Student Conduct Officer/Investigator or Managing Director of Campus Life will set a date when another application for registration may again be made.

  5. Disciplinary Expulsion
    Disciplinary Expulsion occurs when the student organization is permanently separated from the University with no opportunity for future registration as a student organization.

  6. Conditions
    A condition is an additional component of a disciplinary sanction, usually an educational element assigned to occur in conjunction with a period of probation or deferred suspension or assigned to occur prior to returning from time-limited suspension. Examples include, but are not limited to:
  • Hosting educational programs or initiatives for the organization or community related to the misconduct
  • Requirements for additional training or advisement from TTU staff, advisory boards, or other appropriate parties
  • Requirements for membership to complete online education programs or other activities
  • Requirements for community service or other activities beneficial to the membership and associated with remedying the impact of behavior on the community
  • Restitution or compensation for loss, damage or injury, which may take the form of appropriate service and/or monetary or material replacement
  • Requirements for completion of membership reviews and providing updated rosters
  • Requirements to submit information about updated and improved organizational processes such as new member education plans, or social event plans
  1. Restrictions
    A restriction is an additional component of a disciplinary sanction, usually an educational restriction on organization activities that occurs during a time period of probations or deferred suspension or upon return from time-limited suspension. Examples include, but are not limited to
    • Revocation of organization benefits such as eligibility for SGA funding, eligibility to reserve rooms, eligibility to solicit or hold events on campus
    • Denial of participation or restrictions associated with participation in university activities as a student organization such as homecoming, intramurals, recruitment activities

  2. Required Notifications
    Some organization misconduct requires additional notifications. Texas Education Code, Chapter 51.936 indicates that institutions of higher education shall distribute to each student during the first three weeks of each semester a list of organizations that have been disciplined for hazing or convicted for hazing on or off the campus of the institution during the preceding three years.

14. Conduct Appeal Procedures

  1. A student organization may appeal the decision of a formal hearing or the sanction(s), condition(s), and restriction(s) imposed following a formal hearing by submitting a written petition for appeal to the designated appeal officers with five (5) University working days of receiving the written decision.

  2. The Dean of Students, or designee, will select an appeal officer in each case. The designated officer will be a trained University staff or faculty member who was wholly uninvolved in the original Conduct Process and will render a neutral, impartial, and unbiased decision.

  3. Petitions for appeal must clearly identify the grounds for the appeal, together with the evidence upon which the appeal is based. A disagreement with the decision alone shall not constitute grounds for appeal.

  4. The only proper grounds for appeal are as follows
  • Procedural or substantive error that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
  • Discovery of new evidence, unavailable during the original hearing or review of the case, which could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included; and
  • The sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions.
  1. In cases involving alleged misconduct involving Part I, section B.2 (Actions against Members of the University Community and Others), either the Complainant or Respondent may appeal the decision of the Office of Student Conduct. In such cases, the Office of Student Conduct will provide the request for appeal to the other party and provide opportunity for response.

  2. The designated appeal officer will first review the appeal to determine if the appeal is timely and properly sets forth the appropriate grounds for appeal, with adequate accompanying evidence. If any of these requirements are not met, the appeal will be dismissed, and the decision will be final.

  3. If the designated appeal officer determines that the sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions, the appeal identifies a procedural/substantive error or new evidence that was unavailable at the original Hearing, the appeal officer will then determine whether the error or new evidence would have substantially impacted the decision of the Administrative Hearing Officer or University Discipline Committee. If the designated appeal officer determines that the error or new evidence would have substantially impacted the decision, they may:
  • Modify the finding and/or increase, decrease, or otherwise modify the sanctions;
  • Remand the case to the original Hearing Body;
  • Remand the case to a new Hearing Body.
  1. The Office of Student Conduct or designee shall make all reasonable efforts to notify the student organization of the status of the appeal throughout the appellate process and shall make all reasonable efforts to notify the student organization of the result of their appeal using the written notification procedures outlined in Part I, section A.3 within ten (10) University working days. If necessary, the Designated Appeal Officer will notify the student organization should they need additional time to determine the outcome of the appeal. The decision of the designated appeal officer is final and cannot be appealed.

  2. If the designated appeal officer remands the decision to a new Hearing Body, the decision of that Hearing Body is final and may not be appealed.

15. Student Organization Records

  1. All records concerning a student organization related to conduct processes will remain on file with the University for a minimum of seven (7) years from the date of the completion of the case via informal resolution, formal hearing, and/or conduct appeal processes.
  2. Student organization records do not impact the content of individual student records for student organization members. Findings of responsibility of misconduct for student organizations does not indicate a finding of responsibility for individual students. Individual students are subject to their own conduct processes separate from the student organization process.
  3. Student organization conduct decisions and finding are shared with the inter/national or regional headquarters of organizations as appropriate.