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The Judicial Process

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Student Privacy and Parental Notification

Who's Involved In The Judicial Process?

Student Judicial Programs is the central judicial office at Texas Tech. Our office sets the discipline policy standards for Texas Tech students. We work closely with other areas of campus to assist in adjudicating violations of the Student Code of Conduct. Those areas are Housing and Residence Life, Texas Tech University Police, and other members within the Division of Student Affairs. Judicial Officers that meet with students to discuss allegations of the Student Code of Conduct are:

  • Associate and Assistant Director of Student Judicial Programs
  • Residence Life Coordinators, including various members of Residence Life Administration
  • Various members from the Division of Student Affairs

The Judicial Process

Follow the step by step process to get a better understanding of what actually happens if a student has to go through the judicial process at Texas Tech.
  1. When a written allegation is filed by a member of the university community (TTU Faculty, Students, and Staff, as well as Visitors to Texas Tech), the student or student organization named in the allegation will be notified in writing to appear before the Judicial Officer to discuss the alleged violation(s).
  2. Written notification will be delivered to the student’s or student organization student representative’s last known official, local address as provided by the student or student organization as provided by the Registrar’s Office of the Center for Campus Life, respectively. Notification to the student or student organization is sent via US Mail (off campus students) or through the TTU campus mail system (on campus students). On occasion, notification can be mailed by return receipt requested. Failure of a student or student organization’s student representative to receive certified mail does not prevent the disciplinary process from proceeding.
  3. Once the student or student organization has made contact with the Judicial Officer, a judicial hearing will be set up to discuss the facts of the incident. Students are allowed to choose what type of hearing they would like to proceed with, Administrative or Committee. However, the Judicial Officer reserves the right in all cases to designate a committee hearing of the case. Administrative - This type of hearing consist of 1 Judicial Officer listening to the facts of the allegation from the student. The student will meet privately with the Judicial Officer and have a chance to explain what happened from the student's perspective. After having all of the necessary information, the Judicial Officer will decide an outcome, RESPONSIBLE or NOT RESPONSIBLE on the allegations presented. If found Responsible, disciplinary sanction (consequence), conditions, and/or restrictions will follow. If found Not Responsible, the student is cleared of the allegations with the University. Committee - This type of hearing is similar to an administrative hearing, but with more people involved to assist in the listening and decision making of the case. The committee is comprised of 3 to 6 representatives from the Student Government Association, Faculty Senate, Staff Senate, and an Administrator for the University and a Representative to present the case for the University (both of which come from the Student Mediation Center/Student Judicial Programs). The University Discipline Committee has been utilized previously only in cases where an outcome of suspension or expulsion seemed to be a viable outcome. Currently, the committee has become an option students may elect over an administrative hearing. Members of this committee will listen to the student's side of the story, get all the facts and then determine if the student is RESPONSIBLE or NOT RESPONSIBLE for the alleged violations. They then have the same sanctions, conditions, and/or restrictions to choose from as the administrative hearing officers have. Some students prefer to have a larger group deciding the outcome of the allegation instead of just 1 person, the Judicial Officer in the Administrative hearing.
  4. A student is allowed to appeal a hearing decision on the basis of either having new evidence to submit or due to a procedural error that effectively denied the student or student organization due process.
  5. If a student is allowed to appeal a hearing decision, the Appeal Officer's decision is final.
  6. Implementation of potential disciplinary sanctions, conditions, and/or restrictions will not begin until either the time for a disciplinary appeal has expired without receiving a disciplinary appeal, or until the disciplinary appeal process is exhausted. Exceptions are made only in cases for which, in the judgment of the Vice President for Student Affairs, the physical or emotional well being of the student, the student organization, other students, or other members if the University community may be endangered.
  7. All allegations and hearing decisions, regardless of outcome, are kept on file for 7 years. After which, they are destroyed by the University.

Student Rights and Responsibilities

In any disciplinary proceeding, the student or student organization’s student representative has the right to:

  • Notification of the alleged misconduct
  • Know the source of the allegation(s)
  • Know the specific alleged violation(s)
  • Know the sanctions, conditions and/or restrictions which may be imposed because of the alleged misconduct
  • Be accompanied by an advisor at any disciplinary hearing. The advisor may only advise the student and not act as representation for the student
  • Refrain from making any statement relevant to the allegation(s)
  • Know that any statements made by the student or student organization’s student representative can be used during the proceeding
Any questions regarding these rights can be addressed anytime before and during the scheduled administrative or committee hearing.

Disciplinary Sanctions, Conditions, and Restrictions

Disciplinary Sanctions or Consequences A Sanction is defined as the primary outcome or decision of the alleged violation. If found responsible, the range of sanctions includes the following outcomes:

Disciplinary Reprimand This is an official written notification to the student or student organization that the action in question was misconduct. In the case of a student organization, a copy of the notification may be sent to the organization’s advisor(s) and international or national organization headquarters.

University Disciplinary Probation This is a period of time during which a student or student organization’s conduct will be observed and reviewed. The student or student organization 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 and/or Student Affairs Handbook during this period may result in additional sanctions, conditions, and/or restrictions.

Deferred Disciplinary Suspension This 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 suspension be less than the remainder of the semester. Additional misconduct or failure to comply may result in additional sanctions, conditions, and/or restrictions.

Time-Limited Disciplinary Suspension This is a period of time in which a student may not attend classes or participate in University related activity. The status of disciplinary suspension will be shown on the student’s academic record, including the transcript or student organization’s registration, during the period of disciplinary suspension. During disciplinary suspension of a student organization, the registration and privileges of the organization are suspended. Upon written request by the student to the University Registrar or by the student organization’s representative to the Center for Campus Life, the notation of disciplinary suspension will be removed from the transcript or registration upon readmission or the completion of the disciplinary suspension period. Notification of disciplinary suspension of a student or student organization will indicated the date on which the disciplinary suspension begins, the earliest date, if any, upon which application for student readmission or student organization re-registration will be considered. Questions related to academic course work, tuition, or fees during the period of disciplinary suspension should be directed to the Director of the Student Mediation Center. The Judicial Officer may deny a student’s or student organization’s request for readmission or registration, respectively, if the student’s or student organization’s misconduct during a period of disciplinary suspension would have warranted additional disciplinary action. Similarly, if the student or student organization has failed to satisfy any sanctions, condition and/or restrictions that have been imposed prior to application for readmission or registration, the Judicial Officer may deny readmission to a student or registration to a student organization. On denial of a student’s or student organization’s application for readmission or registration, the Vice President for Student Affairs will set a date when another application for readmission or registration may again be made. A student or student organization may appeal denial of readmission or registration based on the disciplinary appeals process (see section E, Disciplinary Appeals). This sanction WILL appear on your official Texas Tech University Transcript.

Disciplinary Expulsion This is when the student or student organization is permanently withdrawn and separated from the University. The status of expulsion will be shown on the student’s academic record, including the transcript or student organization’s registration. This sanction WILL appear on your official Texas Tech University Transcript. Disciplinary Conditions A Condition is defined as a secondary element of the sanction. This is an educational component that usually is to occur in conjunction with the assigned sanction. Some examples of conditions include, but are not limited to:

  • Personal and/or academic counseling
  • 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 online alcohol education program
  • Referral to Raider Assistance Program for assessment

Disciplinary Restrictions A Restriction is defined as a secondary element of the sanction. This is an educational component that is usually to occur in conjunction with the assigned sanction and will usually be restrictive for a period of time. Some examples of sanctions include, but are not limited to:

  • Revocation of parking and/or building use 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.

Appealing A Hearing Decision

Sometimes, students feel strongly against the decision rendered by the Judicial Officer. There is a process that allows for these concerns to be heard. Appeals must be based on:

  1. Issues of substantive or procedural errors which were prejudicial and which were committed during the disciplinary process
  2. Newly discovered relevant information that was not available at the administrative or committee hearing.

The specific questions to be addressed on appeal are:

  1. Were the procedures of the Code of Student Conduct followed?
  2. If a procedural error was committed, were the rights of the student or student organization materially violated so as to effectively deny the student or student organization a fair hearing?
  3. Was the hearing conducted in a way that permitted the student or student organization’s student representative adequate notice and the opportunity topresent information?
  4. Would the newly discovered information presented at the hearing besufficient to change the decision reached?

Administrative AND University Discipline Committee Hearing Appeal Procedures

The appeal must be made in writing in sufficient detail to inform the Judicial Officer or the University Discipline Appeals Committee of the grounds for appeal. The appeal is not intended to afford a rehearing of the case but to serve as a method of reviewing the written content and validity of the appeal submitted by the student and the record of the case and the procedures followed in decision making. The student may choose to appeal a hearing outcome to either an administrative hearing appeal officer or the University Discipline Appeals Committee.

  1. The student desiring to appeal an administrative or committee hearing decision has 5 university working days from the date of the decision letter to prepare and submit the written appeal to the Judicial Appeals Officer or the University Discipline Appeals Committee.
  2. The Judicial Appeals Officer or the University Discipline Appeals Committee will review materials relevant to the case in the written appeal of an administrative hearing of the student.
  3. The Judicial Appeals Officer or University Discipline Appeals Committee may: a. Find that no substantive and/or procedural error has occurred and that the decision be affirmed. b. Find that the written appeal submitted is not sufficient to establish the grounds for appeal and that the decision be affirmed. c. Find that the relevant new materials and written appeal submitted weresufficient to establish that based on the preponderance of evidence that the alleged misconduct had not occurred as alleged. The decision may be amended by the Judicial Appeals Officer or the University Discipline Appeals Committee who may refer the matter for a new hearing. d. Find substantive and/or procedural errors that effectively denied the student or student organization due process; in this event, the decision may be amended by the Judicial Appeals Officer or the University Discipline Appeals who will refer the matter for a new hearing. e. In cases where a student is seeking re-admittance or a student organization is seeking re- registration, the University Discipline Appeals Committee may affirm the decision or recommend that the student be readmitted or the organization be re-registered.

  4. The disciplinary decision of the Judicial Appeals Officer or University Discipline Appeals Committee is FINAL. There is no further appeal past the initial appeal decision.

  5. The student will receive notice of the appeal outcome via US Mail/TTU campus mail.

Typical Alcohol/Drug Violation Outcomes

ALCOHOL VIOLATIONS (excluding suspicion of alcoholic possession and/or possession of alcohol containers in Residence Life)

  • Violation
  • Potential Sanction(s), Condition(s) and/or Restriction(s)
  • Failure to comply with the imposed Sanction(s), Condition(s) and/or Restriction(s)

1st Violation

  • AlcoholEdu (online educational course)
  • Disciplinary Probation, up to 1 year
  • Parent/Guardian notification
  • Complete imposed sanction(s), condition(s) and/or restriction(s)

2nd Violation

  • Up to 1 year Disciplinary Probation or 6 months Deferred Suspension
  • Raider Assistance Program (RAP) referral
  • Parent/Guardian notification
  • 1 additional year Disciplinary Probation or Deferred Suspension
  • Complete imposed sanction(s), condition(s) and/or restriction(s)

3rd Violation

  • Deferred Suspension or Suspension
  • Parent/Guardian notification
  • Possible removal from on-campus housing
  • Possible Suspension/Expulsion

DRUG VIOLATIONS (including possession of drug paraphernalia)

  • Violation
  • Potential Sanction(s), Condition(s) and/or Restriction(s)
  • Failure to comply with the imposed Sanction(s), Condition(s) and/or Restriction(s)

1st Violation

  • Marijuana 101 (online educational course)
  • Disciplinary Probation or Deferred Disciplinary Suspension, up to 1 year
  • Parent/Guardian notification
  • Possible removal from on-campus housing
  • Possible Suspension/Expulsion

2nd Violation

  • Suspension or Expulsion from Texas Tech

(Adapted from Indiana University, Bloomington, 1999)

TTU Maintenance of Judicial Records

Student Judicial Programs will maintain student judicial records for a period of 7 academic school years after the incident occurred, regardless if the student was found Responsible or Not Responsible by the university. After the time period has expired, files and all records pertaining to the incident are destroyed. Questions regarding this policy should be directed to Student Judicial Programs staff. Student Privacy Rights And Parental Notification

Family Educational Rights and Privacy Act of 1974

This federal legislation is important in the Texas Tech judicial process because of its protection of privacy with regards to a student's educational records. More information about FERPA can found by clicking the link below.

Parental Notification

This federal legislation allows Texas Tech University to notify parents/guardians of student misconduct that results in the student being found RESPONSIBLE for violation of the alcohol/drug policy on campus. Notification to parents/guardians is at the discretion of the Judicial Officer in the event he/she feels there is a concern to be conveyed to parents/guardians. More information about the Higher Education Amendments of 1998 can be found by clicking the link below. Information about BOTH pieces of federal legislation can be found by clicking the link below:

http://techdata.irs.ttu.edu/techreports/FerpaInfo.htm