UTMB HANDBOOK OF OPERATING PROCEDURES

Section 7 Student Policies Subject 7.1 Student Services and Activities Policy 7.1.3 Student Conduct and Discipline

09/15/95 -Originated 02/08/05 -Reviewed w/ changes 09/09/97- Reviewed w/o changes Student Affairs - Author

Student Conduct and Discipline

Audience

This policy applies to all students enrolled in programs at UTMB whether on campus or while participating in off-campus activities sponsored by UTMB, including field trips, internships, or clinical assignments.

Policy	This policy is to clearly define the administration, regulations and procedures related to student discipline that students must observe while at UTMB. This policy applies to violations of academic integrity and conduct. Students should recognize a violation of conduct and discipline policy may result in academic consequences. (See Regents’ Rules and Regulations, Part 1, Chapter VI, Section 3. For example, as a disciplinary penalty, a student may be assessed a failing grade in a given course as the result of scholastic dishonesty. The failing grade may, in turn, bring the student’s overall level of academic performance or grade point average below the defined standard for retention in the school, thus resulting in the academic dismissal of the student. In the case of any conflict between this document and any oral or written policies or statements made by any UTMB faculty or staff member, this document shall prevail. In the case of conflict between this document and the Regents’ Rules and Regulations, the Regents’ Rules and Regulations shall prevail.
Definitions	When used in this policy, the words and phrases given below shall be defined as follows: • President - the President of UTMB • Dean - the Dean, or the Dean’s delegate, of a component school within UTMB.
Definitions, continued	• Student Affairs Officer - shall refer to the administrative officer responsible for the administration of the disciplinary process for each school of UTMB: (a) Associate Dean for Admissions and Student Affairs - School of Medicine (b) Associate Dean for Student Affairs - Graduate School of Biomedical Sciences (c) Associate Dean for Student Affairs and Admissions - School of Nursing (d) Associate Dean for Student Affairs and Admissions - School of Allied Health Sciences • Hearing - as used in this policy is an administrative process where conduct and discipline charges and evidence are presented to a Hearing Panel in order to determine a student’s responsibility related to an alleged violation of institutional policy or local, state, federal or System regulations when a student has contested the facts upon which the charges are based • Hearing Panel - three faculty members drawn from the UTMB component schools with one drawn from the accused student’s school and two from other UTMB schools. The panel members are recommended by the Student Affairs Officer and appointed by the President or his/her designee to hear disciplinary charges, to adjudicate guilt or innocence and determine the appropriate penalty • Hearing officer – the hearing officer is the chair of the hearing panel • Chair of the hearing panel - the faculty member from the student’s component school will serve as chair and a voting member of the panel. The primary responsibility of the chair shall be to administer impartially the disciplinary hearing

Definitions (cont'd)

• Campus - all real property, buildings, or facilities owned or controlled by UTMB • Faculty member - a person who is employed by UTMB for the purpose of teaching a class and who has authority to assign grades for the class • Student - a person currently enrolled at UTMB, or who is accepted for admission or readmission to UTMB, or who has been enrolled at the University in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows (or who is attending an educational program sponsored by UTMB while that person is on campus), or a person who engaged in prohibited conduct at a time when he or she met the criteria of student • Weekday - Monday through Friday, excluding any day that is an official holiday of the component institution • Day – a calendar day

General Responsibilities

It is the responsibility of every student, faculty member and administrative official to be aware of and in compliance with this policy. It is the responsibility of every student, faculty member and administrative official to initiate a disciplinary complaint when scholastic dishonesty or other misconduct is involved. All students are expected and required to obey federal, state and local laws, to comply with the Regents’ Rules and Regulations, with System and institutional rules and regulations, with directives issued by an administrative official of the System or UTMB in the course of his or her authorized duties, and to observe standards of conduct appropriate for an academic institution.

Violations of Academic Integrity (Scholastic Dishonesty)

Any act of scholastic dishonesty is a serious breach of student responsibility, and any such violation may result in disciplinary proceedings as described herein. Scholastic dishonesty includes all fraudulent or deceitful acts which are designed to, or have the effect of, interfering with the academic process, including the admission process. “Cheating” – includes, but is not limited to: • copying from another student’s test paper • using materials not authorized by the person giving the test • substituting for another person or permitting another person to substitute for one’s self to take a test • failing to comply with instructions given by the person administering the test • utilizing in whole or in part, patient data, encounters or other information the student knows to be false • possessing during a test, materials which are not authorized by the person giving the test, such as class notes or specifically designed “crib notes.” The presence of textbooks constitutes a violation only if they have been specifically prohibited by the person administering the test • using, buying, stealing, transporting or soliciting in whole or in part the contents of an unadministered test, test key, homework solution, or computer program • collaborating with or seeking aid from another student without the instructor’s permission during a test or other assignment • discussing the contents of an examination with another student who will take the examination at another time • divulging the contents of an examination when the instructor has designated that the examination is not to be removed from the examination room or not to be returned to the student • paying or offering money or other valuable things, or coercing another person to obtain an unadministered test, test key, homework solution, or computer program, or information about an unadministered test, test key, homework solution or computer program

Violations of Academic Integrity (Scholastic Dishonesty) (cont’d)

• falsifying research data, laboratory reports and/or other academic work offered for credit • taking, keeping, misplacing or damaging the property of UTMB or of another, if the student knows or reasonably should know that an unfair academic advantage would be gained by such conduct • misrepresenting facts, including providing false grades or resumes “Plagiarism” includes, but is not limited to, the appropriation, buying, receiving as a gift , or obtaining by any means another’s work and the submission of it as one’s own academic work offered for credit. “Collusion” includes, but is not limited to, the unauthorized collaboration with another person in preparing academic assignments offered for credits or collaboration with another person to commit a violation of any section of the rules on scholastic dishonesty. “Falsifying academic records” includes, but is not limited to, the altering of grades or other academic records such as applications for admission, the award of a degree, grade reports, test papers, registration materials, and reporting forms used by the Registrar’s office.

Violations Other Than Scholastic Dishonesty

Disciplinary proceedings may be initiated against a student who commits or aids another person in the commission of any of the following: • conduct that violates the Regents’ Rules and Regulations, the System or institutional rules and regulations, specific instruct-tions issued by an administrative official of the institution, or the System acting in the course of his or her authorized duties, or federal, state, or local laws, whether such conduct takes place on or off campus or whether civil or criminal penalties are also imposed for such conduct. (See 3.21 RR.)

Violations Other than Scholastic Dishonesty, continued .

• the unauthorized use of property, equipment, supplies, buildings, or facilities owned or controlled by the System or component institution • violates a federal, state, or local law whether or not the violation occurs on university property or in connection with any university-oriented activity • sexual harassment as defined by state and federal laws (See Sexual Harassment Policy) • sexual assault as defined by state criminal codes (See Sexual Assault Policy) • violation of a UTMB rule or regulation or policy, including the Parking and Traffic Regulations and the No-Smoking Policy. • violation of the proper directions of a UTMB official or faculty member acting in the performance of his or her duties. • forging, altering, or assisting in the altering of any official record of the System or institution or submitting false information or omitting requested information that is required for or related to an application for admission, the award of a degree, or any official record of the System or institution A former student who engages in such conduct is subject to bar against readmission, revocation of degree, and withdrawal of diploma • damaging, defacing, destroying or taking unauthorized possession or use of any UTMB property, equipment, supplies, buildings or facilities owned or controlled by the institution or the System • failing to respond to an official notice from UTMB • possessing or using any type of explosive, firearm, imitation firearm ammunition, hazardous chemical, or weapon as defined by state or federal law, while on campus or on any property or in any building or facility owned or controlled by the System or component institution, unless authorized by federal, state or local laws

Violations Other than Scholastic Dishonesty (cont'd)

• conduct that endangers the health or safety of any person on the campus of a component institution or on any property, or in any building, or facility owned or controlled by the System or institution is subject to discipline • prohibited conduct that occurs while participating in off-campus activities sponsored by the institution or the System including field trips, internships, rotations or clinical assignments • speech either orally or in writing that is directed to inciting or producing eminent, lawless action • obstructing, disrupting or interfering with any teaching, educational, research, administrative, disciplinary, public service, or other UTMB activity or public performance authorized to be held on campus or on property owned or controlled by The University of Texas System whether by acting singly or in concert with others. Obstruction or disruption includes but is not limited to any act that interrupts, modifies or damages utility service or equipment, communication service or equipment, university computers, computer programs, computer records or networks • illegally using, possessing or selling drugs or narcotics on campus. If a student is found guilty of the illegal use, possession, and/or sale of a drug or narcotic on campus, the recommended penalty shall be suspension from the institution for a specified period of time and/or suspension of rights and privileges • using intoxicating beverages on campus. With the prior consent of the President of UTMB, the prohibitions of this section may be waived with respect to any specific affair which is sponsored by UTMB. However, with respect to the possession and consumption of alcoholic beverage, state law will be strictly enforced at all times on all property controlled by UTMB • hazing as defined in the Regents’ Rules and Regulations or by State Law (Section 51.936, Texas Education Code), either singly or in concern with others, with or without the consent of

Violations Other Than Scholastic Dishonesty, continued

a student and whether on or off campus. A violation of this prohibition subjects both the person inflicting the hazing and the person submitting to the hazing to discipline • participating in initiations or activities by organizations which include any feature which is dangerous, harmful, or degrading to the student. A violation of this prohibition renders the organization and participating individuals subject to discipline • failing to honor a financial obligation to UTMB issuing a check to UTMB with insufficient funds • appropriating UTMB resources for private gain • making any substantive attempts to commit any of the above prohibited acts beyond mere planning • committing a violation on campus during a period of suspension • conduct that is inappropriate for members of an academic, health science institution (such conduct includes but is not limited to pranks, public nudity

Investigation of Violations

The Student Affairs Officer shall have responsibility for the administration of discipline in cases concerning scholastic dishonesty and other misconduct. It shall be the duty of the Student Affairs Officer to investigate allegations that a student has violated the Regents’ Rules and Regulations, rules and regulations of the institution or the System, instructions issued by an administrative official of the institution in the course of his or her authorized duties, or any provisions of federal, state, and/or local laws. The Student Affairs Officer may proceed with the investigation and with the disciplinary process, notwithstanding any action taken by other authorities. The Student Affairs Officer may summon the student for purposes of discussing the allegations by mailing to the address in the registrar’s records a written request for the student to appear at a certain place and time at least three weekdays after the date of the letter. Searches of student-occupied premises or of a student’s personal possessions shall be only as authorized by law.

Interim Disciplinary Action	The Student Affairs Officer may take immediate interim disciplinary action, including suspension and bar from campus pending a hearing, against a student for violation of a rule when the student’s continuing presence poses a danger to persons or property or an ongoing threat of disrupting University activity. The Student Affairs Officer may authorize interim withholding of a student’s grades, degree or official transcript when such withholding would be in the best interest of the institution. Hearings in these cases must be held within ten (10) working days after the interim disciplinary action was taken unless the student agrees in writing to a hearing at a later time or unless the student waives a hearing and accepts the decision of the dean in accordance with institutional procedures.
Summoning Notice	If the Student Affairs Officer determines that allegations of misconduct are founded, he or she shall notify the student of a formal hearing or as appropriate under the “Notice or Uncontested Cases” sections. If a student fails to appear, without a valid reason, the Student Affairs Officer may implement hearing procedures in the student’s absence or cancel the student’s enrollment until the student appears or responds to the summons.
Notice	The Student Affairs Officer shall notify the accused student (both the accuser and accused in sexual assault matters) by registered letter of the date, time, and place for the hearing. At least ten (10) days written notice shall be given. The notice shall be delivered in person to the student or mailed to the student at the address appearing in the registrar’s records. The letter shall specify a hearing date unless the student has agreed to a waiver as indicated in the Uncontested Cases section. A letter sent to the address listed in the registrar’s records shall constitute full and adequate notice. A student may request, in writing, that another date be set if feasible to arrange. The hearing panel may

Notice, continued

postpone the hearing for good cause or by agreement of the student and Student Affairs Officer and shall notify the Student Affairs Officer and the accused student (both the accuser and accused in sexual assault matters) of the new hearing date. A hearing notice shall: • include a statement of the charge(s) and a summary statement of the evidence supporting such charge(s) • be considered to have been received on the third working day after the date of mailing, excluding any intervening Sunday • direct the accused student to appear on the date and at the time and place specified • include the name of the panel members and chair • advise the accused student of his or her rights (1) to a private hearing (2) to appear in person or with a representative at the hearing (3) to a representative who may be an attorney; if the accused student’s advisor is an attorney, the Hearing Panel/Student Affairs Officer may have an attorney; an attorney may confer with and advise the Hearing Panel/Student Affairs Officer or accused student, but shall not be permitted to question witnesses, introduce evidence, make objections, or present argument to the Hearing Panel (4) to challenge the person(s) designated to hear the charges (5) to know the identity of each witness who will testify against him or her (6) to present testimony of witnesses, to present documentary and other evidence, to argue in his or her own behalf (7) to cross-examine each witness who testifies against him or her (8) to have a copy of the official transcript if an appeal is made (9) to appeal under the Hearing Evidence section • contain the names of witnesses who may testify against the accused student, a brief summary of the testimony to be given by each, and a list of documentary and other evidence that will be offered against him or her.

Notice, continued	UTMB may supplement the list of witnesses and documents for good cause, as determined by the hearing officer and panel. At least five (5) days before the hearing, the Student Affairs Officer will make available a copy of documents to be introduced at the hearing. The Student Affairs Officer may suspend or expel a student who fails, without good cause, to comply with a letter sent under this section, or the Student Affairs Officer may proceed with the hearing in the student’s absence. The failure of a student to provide an address change or forwarding address or the refusal to accept a registered letter shall not constitute good cause for failure to comply with a letter sent under this section.
Uncontested Cases	In any case where the accused student does not dispute the facts upon which the charges are based, he or she may execute a written waiver of the hearing procedures. The Student Affairs Officer shall assess one or more of the penalties pursuant to the “Penalty section” of this policy that is appropriate to the charges and inform the student of such action in writing. The decision of the Student Affairs Officer on penalty may be appealed as in the case of a decision rendered subsequent to a hearing in accordance with the “Hearing Decision” section of this policy. The appeal is limited to the issue of penalty and no transcript will be required.
Contested Cases	In those cases in which the accused student disputes the facts upon which the charges are based, such charges shall be heard and determined by a Hearing Panel. The Student Affairs Officer shall deliver such charges and statements to the accused student in person or by mail, addressed to the student at the address appearing in the Registrar’s records.

General Guidelines	Nothing in this policy shall prevent the student affairs officer from discussing the charges and related matters with the student at any time. The student affairs officer, upon request, will be available to explain to the student this document and the procedures. Students may seek advice and counsel from any person they choose, including an attorney of their choice. If a student elects to seek advice from UTMB faculty, administration or staff concerning such matters as whether to retain legal counsel, what evidence to present, whether to dispute the charge or any other matter; the student must understand that such advice is merely personal opinion of the faculty, administrator, or staff member. UTMB is in no way responsible for or obligated by such advice; nor is any UTMB faculty or administrator or staff obligated to advise the student.
Challenges to the Hearing Panel	The accused student may challenge the fairness or objectivity of the Hearing Panel members. The challenge must be in writing, state the reasons for the challenge, and be submitted to the Hearing Officer through the Dean/Student Affairs Officer at least three (3) days prior to the hearing and request a replacement of a member(s). The student shall not be entitled to disqualify the person being challenged. It shall be up to the challenged person to determine whether he or she can serve with fairness and objectivity. If the challenged person disqualifies himself or herself, another Hearing/Panel member shall be appointed.
Preliminary Matters	Upon a hearing of the charges, the Student Affairs Officer or his or her designee has the burden of going forward with the evidence and the burden of proving the charges by a preponderance of the credible evidence. All proceedings will be recorded. If either party desires to appeal the decision of the hearing panel, the official record will consist of the recording of the hearing, the documents received in evidence, and the decision of the Hearing Panel. At the request of the chief administrative officer, the recording of the hearing will be

Preliminary Matters, continued	transcribed and both parties will be furnished a copy of the transcript. The hearing shall be conducted in accordance with the procedures set forth in this document to assure both the institution and the accused student their rights as set forth under the “Notice” section of this policy. The Chair of the Hearing Panel is responsible for conducting the hearing in an orderly manner and for controlling the conduct of the witnesses and participants in the hearing. The Chair of the Panel shall rule on all procedural matters and on objections regarding exhibits and testimony of witnesses, may question witnesses, and is entitled to have the advice and assistance of legal counsel. Upon a conclusion of guilt the Hearing Panel shall assess a penalty or penalties specified. The Chair of the Panel shall render and send to the Student Affairs Officer and the accused student a written decision that contains findings of fact and a conclusion as to the guilt or innocence of the accused student.
Hearing Procedures	The Student Affairs Officer or UTMB representative shall read the complaint. The Chair of the Hearing Panel informs the accused student of his or her rights listed in the Notice” section of this policy. The Student Affairs Officer or UTMB representative shall present UTMB’s case through presentation of documentary evidence and examination of witnesses. The accused student shall present the student’s defense through presentation of documentary evidence and examination of witnesses. The Student Affairs Officer and the student shall present rebuttal evidence and argument.
Hearing Evidence	Legal rules of evidence do not apply to hearings under this section. The Hearing Panel may admit and give probative effect to evidence that is commonly accepted by reasonable persons in the conduct of their affairs. The Chair of the Hearing Panel shall exclude irrelevant, immaterial and unduly repetitious evidence. The Hearing Panel members may freely question witnesses. Witnesses may be excluded from the hearing when not testifying. A witness shall testify and produce documentary and other evidence, unless the testimony,

Hearing Evidence, continued	document or other evidence is privileged. All evidence shall be offered to the Hearing Panel during the hearing and made part of the hearing record. Documentary evidence shall be admitted in form of copies, extracts, or by incorporation by reference. Real evidence may be photographed or described for the record.
Hearing Decision	Following the presentation of all witnesses and evidence, the Hearing Panel shall render a written decision as to whether the accused student has committed a violation and shall set forth findings of fact in support of the decision of the Hearing Panel. A simple majority of the Hearing Panel is required. The Hearing panel shall assess a penalty or penalties pursuant to the Penalties section of this policy. In determining the appropriate penalty, prior academic or disciplinary record of the student may be considered. The Chair of the Hearing Panel shall send to both parties (Student Affairs Officer and accused student or both the accuser and accused in sexual assault matters) a written decision within fourteen (14) days of the hearing. Additionally, both the accuser and the accused shall be informed of the outcome of any campus disciplinary proceedings brought which alleges a sexual assault. The Student Affairs Officer may recommend a penalty to be assessed by the Hearing Panel. The recommendation may be based upon past Practice of UTMB for violations of a similar nature, the past disciplinary record of the student, or other factors deemed relevant by the Student Affairs Officer. The accused student shall be entitled to respond to the recommendation of the Student Affairs Officer.
Right to Appeal	Within fourteen (14) days after the parties have been notified of the decision, either or both parties (the student or the Student Affairs Officer) may appeal the decision of the Hearing Panel in writing to the President. If the decision is sent by mail, the date it is mailed initiates the fourteen (14) day period. The appeal must be in writing and specifically state the reason for the appeal and what action by the

Right to Appeal, continued

President is sought. Copies shall be provided to all parties. In order for the appeal to be considered, all the necessary documentation shall be filed by the appealing party, including written arguments when appropriate, with the president within fourteen (14) days after notice of appeal is given. Timely notice of appeal by an accused student suspends the imposition of penalty until the appeal is decided, but interim action may be taken as authorized under the “Interim Disciplinary Action” section of this policy. Further, grades or degrees may also be withheld pending conclusion of the appeal. The President, at his or her discretion, may meet personally with the student but is under no obligation to do so. However, the President’s decision will be based only on testimony and other evidence presented at the hearing and findings of fact of the Hearing Panel. The President, at his or her discretion, may allow both parties to present oral arguments in an appeal from the decision of the Hearing Panel. In cases where the student has not disputed the charge in accordance with the Notice section of this policy, the appeal will be limited only to the penalty imposed. An appeal of the penalty assessed by the Student Affairs Officer will be reviewed solely on the basis of the written argument of the student and the Student Affairs Officer. The appeal of the decision of the Hearing Panel will be reviewed solely on the basis of the record from the hearing. In cases where the student bases his or her appeal in whole or in part on the failure of UTMB or the Hearing Panel to follow the procedures required by this document, the student must demonstrate that the alleged procedural violation harmed or prejudiced the student. The President may approve, reject, or modify, in whole or in part, the decision in question or may require the original hearing be reopened for the presentation of additional evidence and the reconsideration of the decision.

Right to Appeal, continued

The decision of the President shall be the final appellate review and shall be communicated in writing to the Student Affairs Officer and the student usually within thirty (30) days after receipt of all related documents.

Penalties

One or more of the following penalties may be imposed by the student affairs officer after an uncontested case and written waiver by the student or by the Hearing Panel after a hearing in accordance with the procedures specified for violation of any provision, as noted in the 'Violations of Academic Integrity (Scholastic Dishonesty)' and 'Violations Other Than Scholastic Dishonesty' sections of this policy, or other offenses: • written warning that further scholastic violations may result in a more severe penalty • disciplinary probation • restitution or reimbursement for any damage or misappropriation of any University property • suspension of rights and privileges, including participation in athletic or extracurricular activities • suspension of eligibility for any student office or honor, or cancellation of credit for scholastic work done • reduction of the grade assigned in a course • failing examination grades • suspension from UTMB for a specified period of time • expulsion (permanent separation from the institution) • a period of community service • withholding of grades, official transcript and/or degree, or denial of degree • revocation of degree and withdrawal of diploma, bar readmission or other penalties as appropriate A former student who has been suspended or expelled for disciplinary reasons from a University of Texas component institution is prohibited from being on the campus of any component institution during the period of such suspension or expulsion without prior written approval of the Student Affairs Officer of the institution at which the suspended or expelled student wishes to be present.

Charge Against Student No Longer Enrolled at UTMB	A student does not escape responsibility for acts occurring while he or she was a student because he or she is no longer enrolled at UTMB. These cases fall into two general categories: • the investigation or other procedures described in these procedures and regulations was initiated but not completed while the student was enrolled • the facts concerning the charge were not known while the student was enrolled. Once a proceeding or investigation has been initiated, a student’s rights and obligations are not affected in any way if he or she ceases to be enrolled as a student. If a student withdraws while an investigation is in progress, the withdrawal may be reflected on the transcript.
Confidentiality of Student Discipline Record	UTMB shall maintain a permanent written disciplinary record for every student assessed a penalty of suspension, expulsion, denial, or revocation of degree and/or withdrawal of diploma. A record of scholastic dishonesty shall be maintained for at least five years unless the record is permanent in conjunction with the above stated penalties. A disciplinary record shall reflect the nature of the charge, the disposition of the charge, the penalty assessed, and any other pertinent information. This disciplinary record shall be separate from the student’s academic record, shall be treated as confidential, and shall not be accessible by anyone other than the dean except under written authorization of the student or in accordance with applicable state or federal laws or court order or subpoena.
Reference	Regents’ Rules and Regulations, Part One, Chapter VI, Section 3 IHOP 2.9.1, No Smoking Policy