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Student Conduct

Section 101 Introduction

Students at The University of Texas of the Permian Basin maintain the rights and responsibilities of citizenship. All students are expected and required to obey federal, State, and local laws, to comply with the Regents' Rules and Regulations, with The University of Texas System and institutional rules and regulations, with directives issued by an administrative official of the U. T. System or institution in the course of his or her authorized duties, and to observe standards of conduct appropriate for an academic institution.

Any student who engages in conduct that violates the fore mentioned is subject to discipline whether such conduct takes place on or off campus or whether civil or criminal penalties are also imposed for such conduct.

Section 102 Definitions

Unless the context requires a different meaning, the following definitions apply to the conduct and procedures discussed.

"Chief Student Affairs Officer" means the Vice President for Student Affairs or his or her delegate or representative.

“Dean" means the Dean of Students or his or her delegate or representative;

"Academic Dean" means the Dean of the College of Arts and Sciences, the Dean of the School of Business or the Dean of the School of Education, as appropriate to the situation;

"Department Chair" means the Chair of an Academic Department;

“Faculty member” means a person who is employed by the University for the purpose of teaching a class and who has authority to assign grades for the class;

"Hearing Officer" means a person appointed by the President of the University to conduct hearings of alleged violations of the prescribed student standards of conduct, make findings of fact and, upon a finding of guilt, impose appropriate sanction(s);

“President” means president of The University of Texas of the Permian Basin;

"Student" means a person who

is currently enrolled at the University,
is accepted for admission or re-admission to the University,
has been enrolled at the University in the prior semester or summer session, and is eligible to continue enrollment in the semester or summer session that immediately follows,
is attending an educational program sponsored by the University while that person is on the University campus, or
has engaged in prohibited conduct at a time when he or she met the above criteria.

"Weekday" means Monday through Friday, excluding any day that is an official holiday of the University;

"Day" means a calendar day of the month;

"Good standing" means not on academic or disciplinary probation of any kind;

”University” means The University of Texas of the Permian Basin;

“Complaint” is a written statement of the essential facts constituting a violation of Regents’ Rules and Regulations, University policy or administrative rule.

Section 103 Specific Conduct Proscribed
A student is obligated to conduct himself or herself in a manner appropriate for a institution of higher education. Actions which may result in disciplinary action include, but are not limited to the following:

Scholastic Dishonesty
103.1 Scholastic dishonesty includes but is not limited to cheating, plagiarism, collusion, falsifying academic records, misrepresenting facts, the submission for credit of any work or materials that are attributable in whole or in part to another person, taking an examination for another person, any act designed to give unfair advantage to a student such as, but not limited to, submission of essentially the same written assignment for two courses (without the prior permission of the instructor) or the attempt to commit such acts.

Watch the Scholastic Dishonesty Slideshow

a. "Cheating" on a test includes;

Copying from another student’s test or paper;
Using during a test, materials not authorized by the person giving the test;
Failing to comply with instruction given by the person administering the test which would include, but not be limited to, time restrictions, use of blue book, and seating arrangements;
Possession during a test of 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 part the contents of an unadministered test, test key, homework solution, or computer program;
Collaborating with or seeking aid or receiving assistance from another student or individual during a test or in conjunction with another assignment without authority;
Discussing the contents of an examination with another student who will take the examination or soliciting another student who has taken the test to obtain information regarding contents of the test;
Divulging the contents of an examination, for the purpose of preserving questions for use by another, when the instructor has designated that the examination is not to be removed from the examination room or not to be returned to or kept by the student;
Substituting for another student or permitting another student to substitute for one’s self to take a test, a course, or any course-related assignment;
Paying or offering money or other valuable thing to, or coercing another person to obtain a test, test key, homework solution, or computer program, or information about an unadministered test, test key, homework solution, or computer program;
Falsifying research data, laboratory reports, and/or other academic work offered for credit;
Taking, keeping, misplacing, or damaging the property of the University, or of another, if the student knows or reasonably should know that an unfair advantage would be gained by such conduct.
"Plagiarism" includes, but is not limited to, the appropriation of, buying, receiving as a gift, or obtaining by any means material that is attributable in whole or in part to another source, including words, ideas, illustrations, structure, computer code, other expression and media, and presenting that material as one’s own academic work being offered for credit.
"Collusion" includes, but is not limited to, the unauthorized collaboration with another person in preparing academic assignments offered for credit or collaboration with another person to commit a violation of any section of the rules of scholastic dishonesty.
”Falsifying academic records” includes, but is not limited to, altering or assisting in the altering of any official record of the University or the University of Texas System, and/or submitting false information or omitting requested information that is required for or related to any academic record of the University or University of Texas System. Academic records include, but are not limited to, applications for admission, the awarding of a degree, grade reports, test papers, registration materials, grade change forms, and reporting forms used by the Office of the Registrar. A former student who engages in such conduct is subject to a bar against admission, revocation of a degree, and withdrawal of a diploma.
”Misrepresenting facts” to the University or an agent of the University or the University of Texas System includes, but is not limited to, providing false grades or resumes; providing false or misleading information in an effort to receive postponement or an extension on a test quiz, or other assignment for the purpose of obtaining an academic or financial benefit for oneself or another individual; or providing false or misleading information in an effort to injure another student academically or financially.

103.2 Alcohol. Use or possession of alcoholic beverages without proper authorization in a University campus classroom building, laboratory, auditorium, library building, museum, faculty or administrative office, intercollegiate and intramural athletic facility, student housing residence or any campus area. (More information is available in the Alcohol and Drug Policy in the policy section of the Student Guide.)

103.3 Drugs. Any student who is found responsible for the illegal use, manufacture, possession, distribution and/or sale of a drug or narcotic on the campus of an institution is subject to discipline. If a student is found resonsible for the illegal use, possession, and/or sale of a drug or narcotic on campus, the sanction assessed shall be suspension from the institution for a specified period of time and/or suspension of rights and privileges. (More information is available in the Alcohol and Drug Policy in the policy section of the Student Guide.)

103.4 Health or Safety. Conduct that endangers the health or safety of any person on the campus of an institution or on any property, or in any building or facility owned or controlled by the U. T. System or institution. This includes, but is not limited to, physical abuse, verbal abuse, threats, intimidation, and coercion. (More information is available in the Campus Violence Policy in the policy section of the Student Guide.)

103.5 Disruptions. Any action that singly or in concert with others, impedes, disrupts, or interferes with any teaching, educational, research, administrative, disciplinary, public service, or other activity or public performance authorized to be held or conducted on campus or on property or in a building or facility owned or controlled by the U. T. System or institution.

In the case of disruptive activity on the campus of the University, neither the dean nor the president, or any representative of them, shall negotiate with any person or persons so engaged. When such a situation arises, the dean or president, or their representative, shall take immediate action to utilize all lawful measures to halt and eliminate any and all such disruptive activities that come to their attention, and may initiate immediate interim disciplinary action.

103.6 Inciting Lawless Action. Speech, either orally or in writing, which is directed to inciting or producing imminent lawless action and is likely to incite or produce such action.

103.7 Unauthorized Use of Property. The unauthorized use of property, equipment, supplies, buildings, or facilities owned or controlled by the U. T. System or institution. This includes the possession and/or use of University keys for unauthorized purposes.

103.8 Hazing. Action that singly or in concert with others, engages in hazing. Hazing in State educational institutions is prohibited by State law (Texas Education Code Section 51.936). Hazing with or without the consent of a student whether on or off campus is prohibited, and a violation of that prohibition renders both the person inflicting the hazing and the person submitting to the hazing subject to discipline. Initiations or activities of organizations may include no feature that is dangerous, harmful, or degrading to the student. A violation of this prohibition renders both the organization and participating individuals subject to discipline. (More information is available in the Hazing Policy in the policy section of the Student Guide.)

103.9 Altering of Official Documents. Forging, altering, mutilating or destroying or assisting in these actions of any official record of the U. T. System or institution or submitting false information or omits requested information that is required for or related to an application for admission, the award of a degree, or any official record of the U. T. System or institution. A former student who engages in such conduct is subject to bar against readmission, revocation of degree, and withdrawal of diploma.

103.10 Vandalism. Any action which defaces, mutilates, tampers with, destroys, or takes unauthorized possession of any property, equipment, supplies, buildings, or facilities of the University or property located on the campus and belonging to any student or employee of the University or visitor on campus.

103.11 Time, Place, and Manner. The freedoms of speech and assembly are basic and essential to intellectual development. However, these activities are subject to the well-established right of colleges and universities to regulate time, place, and manner so that the activities do not intrude upon or interfere with the academic programs and administrative processes.

103.12 Harassment. Involvement in harassing another individual. Harassment is defined as conduct that is sufficiently severe, pervasive, or persistent to create an objectively hostile environment that interferes with or diminishes the ability of an individual to participate in or benefit from services, activities, or privileges provided by the University. See Policy Statements for more specific information on all harassment policies.

103.13 Use of Explosives, Weapons or Hazardous Chemicals. Unless authorized by federal, State, or local laws, possession, display or use 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 U. T. System or institution, is subject to discipline.

103.14 Smoking. All University facilities are declared to be smoke free. Appropriate medical exceptions, particularly in clinical treatment situations will be considered. (More information is available in the Smoking Policy in the policy section of the Student Guide.)

103.15 Bodies of Water. Entering, walking, running, lying, playing, or remaining, or being in the water of a any fountain or other artificial body of water, which is not designed and maintained for recreational or therapeutic purposes, located on the University campus unless such person has the prior written permission of the President to enter, remain, or be in such water. Additionally, it is not permitted for any person to dump, throw, place, or cause any material, object, person, animal, trash, waste or debris to be placed in such fountain or other artificial body of water.

103.16 Physical Structures. Damaging, defacing, or removing any portion of any fountain, monument, building, statue, structure, facility, tree, shrub, or memorial located on the University campus is subject to discipline.

103.17 Identification. Refusal to identify himself or herself to a University official, faculty member, or staff member acting in the course of his or her duties. A person identifies himself or herself by giving his or her name and complete address substantiated by a current driver’s license, voter registration card, or other official documentation, and by stating truthfully whether or not he or she is a student or employee of the University. An institutional representative includes any member of the Board of Regents or the executive secretary to the board; any executive officer and administrative officer of the System; any administrative officer or the University; and any attorney, peace officer of the System or University acting pursuant to the authority of Texas law.

103.18 Solicitation. No solicitation shall be conducted on any property, street, or sidewalk, or in any building, structure, or facility owned or controlled by the U. T. System or any of its institutions unless permitted by the Regents' Rules and Regulations.

103.19 Inappropriate Conduct. Conduct that is inappropriate for members of the academic institution. Such conduct includes but is not limited to pranks, public nudity, harassing phone calls or e-mails, and berating or otherwise abusive behavior.

103.20 Children. Children should not be left unattended. Such behavior may result in disciplinary action.

103.21 Pets. It is prohibited to have pets on the campus except bona fide service animals.

103.22 Failure to Notify. Failure to notify appropriate authorities when a student has personal knowledge of any violation of the code of Student Conduct and Discipline.

103.23 False Accusation. Knowingly making a false charge of a violation of the code of Student Conduct against a member of the University community.

103.24 Unauthorized Presence. A student who has been criminal trespassed must be authorized by the University Police Department or the Dean of Students in order to appear on campus.

103.25 Prohibited Conduct. Prohibited conduct that occurs while participating in off-campus activities sponsored by a component institution or the U. T. System including field trips, internships, rotations, or clinical assignments.

103.26 Prohibited Conduct During Suspension. A student who receives a period of suspension as a disciplinary penalty is subject to further disciplinary action for prohibited conduct that takes place on campus during the period of suspension.

103.27 Student Disciplinary Process. It is a violation to engage in action that interferes with or obstructs the student disciplinary process. This includes, but is not limited to, failing to appear for a meeting when summoned by letter or e-mail to do so, failing to appear at or testify at a hearing, attempting to intimidate, harass or unduly influence a potential witness or complainant, and failing to complete judicial sanctions.

103.28 Financial Debt. Students who owe debts to the University may be denied admission or readmission to the University and have their official transcripts, grades, diplomas, and degrees to which they would otherwise be entitled withheld until the debt is paid. Matters relating to student financial transactions will be directed by the appropriate administrative office to the Office of Accounting.

103.29 Attempt to commit or Assist. Attempting or assisting with the commission or attempted commission of any of the foregoing listed offenses.

104 Bar from Campus. A former student who has been suspended or expelled for disciplinary reasons is prohibited from being on the campus of any institution during the period of such suspension or expulsion without prior written approval of the chief student affairs officer of the institution at which the suspended or expelled student wishes to be present.

201 Disciplinary Process

The Dean of Students shall have the primary authority and responsibility for the administration of student discipline. The Dean works cooperatively with faculty members in the disposition of scholastic violations, with student housing staff in the disposition of student housing violations, with campus security in the disposition of criminal violations and with other appropriate staff members in the disposition of other types of violations. The Dean may delegate to faculty members the authority to dispose of scholastic discipline cases and may delegate to University staff members the authority to dispose of designated student disciplinary matters as deemed appropriate.

201.1 Investigation. Upon receiving information that a student has allegedly violated a Regents’ Rule, University regulation, or administrative rule, the Dean of Students shall investigate the alleged violation. After completing the preliminary investigation, the dean may dismiss the allegation as unfounded or summon the student for a conference.

201.2 Student Summon. Any student may be summoned by written request of the Dean of Students for a meeting for the purposes of the investigation and/or to discuss the allegation(s). The written request may specify a place for the meeting and a time at least three weekdays after the date of the written request if the request is sent by mail, or at least two weekdays after the date of the request if the request is sent by e-mail or hand delivered. The written request may be mailed or e-mailed to the address appearing in the records of the registrar, e-mailed to the student at the e-mail address on record with the University or may be hand delivered to the student. If a student fails to appear without good cause, as determined by the Dean, the Dean may bar or cancel the student's enrollment or otherwise alter the status of the student until the student complies with the summons, or the Dean may proceed to implement the disciplinary procedures. The refusal of a student to accept delivery of the notice or the failure to maintain a current address with the registrar, or failure to read mail or e-mail shall not be good cause for the failure to respond to a summons.

201.3 Interim Disciplinary Action. Pending a hearing or other disposition of the allegations against a student, the Dean may take such immediate interim disciplinary action as is appropriate to the circumstances, when such action is on the best interest of the institution. This includes but is not limited to suspension and bar from the campus when it reasonably appears to the Dean from the circumstances that the continuing presence of the student poses a potential danger to persons or property or a potential threat for disrupting any activity authorized by the institution.

201.4 Timeliness of Hearing. When interim disciplinary action has been taken by the Dean, under section 201.3 immediately above, a hearing of the charges against the student will be held under the procedures specified below, beginning with section 201.7. A hearing following the interim disciplinary action will generally be held within 10 days after the interim disciplinary action was taken; however, at the discretion of the Dean of Students the 10 day period may be extended for a period not to exceed an additional 10 days.

201.5 Administrative Disposition. In any case where the accused student elects not to dispute the facts upon which the charges are based and agrees to the sanctions the Dean assesses, the student may execute a written waiver of the hearing prodedures specified below. This administrative dispostion shall be final and there shall be no subsequent proceeding regarding the charges.

In any cases where the accused student elects not to dispute the facts upon which the charges are based, but does not agree with the sanctions assessed by the Dean, the student may executes a written waiver of the hearing procedures, below yet retain the right to appeal the decision of the Dean only on the issue of the sanction. The appeal regarding the sanction will be to the president of the University. nstitution.

201.6 Hearing Process. 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 fair and impartial Hearing Officer.

201.7 Notice of Hearing. Except in those cases where immediate interim disciplinary action has been taken, the accused student shall be given at least 10 days written notice of the date, time, and place for such hearing and the name of the Hearing Officer. The notice, sent by the Dean of Students, shall include a statement of the charge(s) and a summary statement of the evidence supporting such charge(s). The notice shall be delivered in person to the student or mailed to the student at the address appearing in the registrar's records. A notice sent by mail will be considered to have been received on the third day after the date of mailing, excluding any intervening Sunday. The date for a hearing may be postponed by the Hearing Officer for good cause or by agreement of the student and Dean.

201.8 Impartiality of the Hearing Officer. The accused student may challenge the impartiality of the Hearing Officer. The challenge must be in writing, state the reasons for the challenge, and be submitted to the Hearing Officer through the Office of the Dean at least three days prior to the hearing. The Hearing Officer shall be the sole judge of whether he or she can serve with fairness and objectivity. In the event the Hearing Officer disqualifies himself or herself, a substitute will be chosen in accordance with procedures of the institution.

201.9 Burden of Proof. Upon a hearing of the charges, the Dean or other institutional representative has the burden of going forward with the evidence and has the burden of proving the charges by the greater weight of the credible evidence.

201.10 Duties of Hearing Officer. The Hearing Officer is responsible for conducting the hearing in an orderly manner and controlling the conduct of the witnesses and participants in the hearing. The Hearing Officer 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 from the Office of General Counsel of the System. The Hearing Officer shall render and send to the Dean and the accused student a written decision that contains findings of fact and a conclusion as to whether the accused student is responsible for the violations as charged. Upon a finding of responsibility the Hearing Officer shall assess a sanction or sanctions listed in Section 301 below. When the accused student is found responsible for the illegal use, possession, or sale of a drug or narcotic on campus the assessment of a minimum sanction provided in Section 103.3 above is required.

201.11 Minimal Rights. The hearing shall be conducted in accordance with procedures adopted by the institution that assure the institutional representative and the accused student the following minimal rights:

(a) Each party shall provide the other party a list of witnesses, a brief summary of the testimony to be given by each, and a copy of documents to be introduced at the hearing at least five days prior to the hearing.

(b) Each party shall have the right to appear, present testimony of witnesses and documentary evidence, cross-examine witnesses, and be assisted by an advisor of choice. The advisor may be an attorney. If the accused student’s advisor is an attorney, the Dean’s advisor may be an attorney from the Office of General Counsel of the System. An advisor may confer with and advise the Dean or accused student, but shall not be permitted to question witnesses, introduce evidence, make objections, or present argument to the Hearing Officer.

(c) The Dean may recommend a penalty to be assessed by the Hearing Officer. The recommendation may be based upon past practice of the component institution for violations of a similar nature, the past disciplinary record of the student, or other factors deemed relevant by the Dean. The accused student shall be entitled to respond to the recommendation of the Dean.

(d) The hearing will be recorded. If either party desires to appeal the decision of the Hearing Officer, the official record will consist of the recording of the hearing, the documents received in evidence, and the decision of the Hearing Officer. At the request of the president of an institution the recording of the hearing will be transcribed and both parties will be furnished a copy of the transcript.

301 Sanctions

The following penalties may be assessed by the Dean or by the Hearing Officer after a hearing in accordance with the procedures specified immediately above:

301.1 Admonition.
301.2 Warning probation.
301.3 Disciplinary probation.
301.4 Withholding of grades, official transcript, and/or degree.
301.5 Bar against readmission.
301.6 Restitution or reimbursement for damage to or misappropriation of institutional or U. T. System property.
301.7 Deferred suspension.
301.8 Suspension of rights and privileges, including participation in athletic or extracurricular activities.
301.9 Failing grade for an examination or assignment or for a course and/or cancellation of all or any portion of prior course credit.
301.10 Denial of degree.
301.11 Suspension from the institution for a specified period of time.
301.12 Expulsion (permanent separation from the institution).
301.13 Revocation of degree and withdrawal of diploma.
301.14 Other penalty as deemed appropriate under the circumstances.

If a student is found responsible for the illegal use, possession, and/or sale of a drug or narcotic on campus, the recommended sanction shall be suspension from the institution for a specified period of time and/or suspension of rights and privileges.

401 Scholastic Dishonesty Violation Procedures

When a faculty member has reason to suspect that a student has violated the University regulations concerning scholastic dishonesty, the faculty member shall meet with the student(s) involved and discuss the alleged violation and the evidence that supports the charge. After conferring with the student, the faculty member may dismiss the allegation or proceed with disciplinary action.

In any case in which the student accused of scholastic dishonesty does not dispute the facts upon which the charges are based and executes a written waiver of the hearing procedures, the faculty member may assess an academic sanction, shall inform the student of such in writing and shall report the disposition of the incident to the Dean of Students. The Dean of Students may summon the student for additional information and for consideration of additional disciplinary