Student Conduct Process Overview
The Discipline Process
- A report of alleged violation(s) is received by the Office of Student Conduct and Conflict Resolution (OSCCR)
- A letter of summons or allegation(s) is sent to the student
- The student meets with conduct officer to discuss the allegation(s)
- If there is not enough information to suggest that the student violated any UTEP policies, the conduct officer may dismiss the allegation(s) OR
- If responsible for the alleged violations, the student may choose to accept a penalty determined by the staff member (i.e., “Administrative
- Disposition”) OR
- The student may choose to go to a University hearing.
If the Allegation is Dismissed
- No actions is taken
- In these cases, the student’s discipline record is still maintained in the Office of Student Conduct and Conflict Resolution.
Interim Disciplinary Action
Notwithstanding any provisions of The University of Texas at El Paso Handbook of Operating Procedures and pending action on the charges, the conduct officer may take immediate interim disciplinary action, including suspension, pending a hearing , against a student who violates a rule or regulation of The University of Texas System or the University, when the student or student’s continuing presence poses a danger to persons or property or an ongoing threat of disrupting any authorized university activity. The conduct officer may authorize interim withholding of the student’s grades, degree, or official transcript when such withholding would be in the best interest of the university.
- Sanction(s) are assigned
- Within fourteen (14) days of accepting the administrative disposition, the student may appeal the sanction(s) in writing to the Office of the President, otherwise, the decisions is final
- Appeals are limited to the sanction(s) assigned only, since student chose not to dispute the facts
- Student’s discipline records are kept in the Office of Student Conduct and Conflict Resolutions
Rights of Students
- Students are not required to make any statement
- Students may be assisted by an advisor of the choice
- Students are not required to sign any papers
- Students will be disciplined on the preponderance of the evidence submitted
- Any decision or action of the conduct officer can be appealed
- When appearing before any University committee the rights listed above are still in effect.
Things you should be aware of
- The conduct officer may bar or cancel the student’s enrollment until the student appears or responds to a summons sent
- The conduct officer any withhold the issuance of grades, official transcript, or degree to which a student is otherwise entitled of the student does not comply with a summons issued or with sanctions assigned
- Failure to respond to a summons may result in the cancellation of a student’s enrollment and a hearing being scheduled to adjudicate the charges brought against the student, The hearing may proceed without the student if the student fails to appear at the hearing
- The accused student cannot be found responsible for the alleged policy violation solely for the reason of failure to answer the charges or to appear at the hearing.
The Hearing Process
- The Office of Student Conduct and Conflict Resolution shall notify the accused student by letter of the date, time and place for the hearing. The notice shall be delivered in person or mailed to the student at the address appearing the registrar’s records. If the accused student is an unmarried minor, a copy of the letter may be sent to his/her parents or guardian.
- The letter shall specify a hearing date not less than (10) days after the date of the letter. The hearing officer, at the request of the student, may postpone the hearing and shall direct the Office of Student Conduct and Conflict Resolution to notify all interested persons of the new hearing date, time and place.
- The letter shall (1) direct the accused student to appear on the date, time and place specified;(2) advise the accused student of his/her rights; (3) contain the name of the person appointed to act as hearing officer; (4) contain the names of witnesses who will testify against the accused student, a brief summary of the testimony to be given by each, and a copy of the documents and other evidence that will be introduced against him/her; (5) contain a copy of the statement of charges; (6) notify the accused student that the conduct officer may cross-examine a person testifying in the accused student’s behalf, or accused student if he/she testifies in his/her own behalf; (7) advise the accused student of the OSSCR staff’s right to have a list of the witnesses to be presented by the student , a brief summary of the testimony to be given by each, and a copy of documents and other evidence to be introduced by the student.
- At least five (5) days before the hearing date, the student concerned shall furnish the hearing officer in writing with: (1) the name of each witness he/she will present, a brief summary of the testimony to be given each, and a copy for all documents and of other evidence he/she will introduce; (2) any objection that, if sustained, would prevent the hearing; (3) the name of the designated representative or counsel, if any who will appear with him/her; (4) a request for a separate hearing, if any, and the grounds for such a hearing.
- Each party shall have the right to be assisted by an advisor of choice. The advisor may be an attorney. If the accused student’s advisor is an attorney, the conduct officer’s advisor may be an attorney from the Office of General Counsel of the UT System. An advisor may confer with and advise the conduct officer or accused but shall not be permitted to question witnesses, introduce evidence, and make objections or present argument to the hearing officer.
- At least five (5) days before the hearing date, the student shall furnish the Office of Student Conduct and Conflict Resolution with a description, in writing, of any documents and other evidence he/she requests be produced.
- At least five (5) days before the hearing date, the student concerned shall furnish the Office of Student Conduct and Conflict Resolution with a list, in writing, of the witnesses to be presented, a brief summary of the testimony to be given by each, and a copy of documents and other evidence to be introduced. Witnesses, testimony, and documents not so disclosed will be excluded by the hearing officer upon objection by the conduct officer unless it be shown that the existence of the testimony to be given by the witness or availability of documents was unknown of the fifth day preceding the date of the hearing and could not have been discovered by the use of reasonable diligence. The provision of this subsection shall not prohibit the offering of evidence at the hearing that is strictly in rebuttal to evidence offered by the conduct officer.
- If the student fails to appear without a valid reason, the hearing officer may proceed with the hearing in the student’s absence.
Challenges to the Hearing Officer
- Up to three (3) days prior to the hearing the accused student, in writing, may challenge the impartiality of the person designated to hear the charges, but he/she is not entitled to disqualify the person from serving. The written challenge shall include a statement of the allegation upon which the challenge is based. It shall be up to the challenge person to determine whether he/she can serve with fairness and objectivity, and if the challenged person disqualifies himself/himself, the Office of Student Conduct and Conflict Resolution shall appoint another hearing officer.
Rights of Students
- To a private hearing
- To appear and present evidence in person at the hearing
- To challenge the person designated to hear the charges
- To know the identity of each witness who will testify against him/her
- To have a copy of documents to be introduced
- To cross-examine each witness who testifies against him/her
- To have the hearing recorded
- To appeal
- To present witness, request the production of documentary and other evidence, and offer evidence and argue in his/her own behalf.
- The conduct officer reads the statement of charges unless waived by the accused
- The hearing officer informs the accused student of his/her rights
- The conduct officer presents the university’s case
- The accused student presents his/her defense
- The conduct officer and the accused student present rebuttal evidence and argument
- The hearing officer deliberates and determines an appropriate penalty
- The hearing officer informs the conduct officer and the student in writing of the decision and penalty, if any
The information is being furnished to assist you with a better understanding of your rights in certain situations. In no way should this information be used as a substitute for consulting with the Regent’s Rules and/or the Handbook of Operating Procedures.
The Appeal of Administrative Disposition
- Within fourteen (14) days of accepting administrative disposition to student may appeal in writing to the Office of the President; otherwise the decision is final.
- Since in administrative disposition the student chose not to dispute the facts, appeals are limited to the issue of the sanctions only.
The Appeal of the Hearing
- Either the conduct officer or the accused student may appeal the decision of the hearing officer to the Office of the President.
- An appeal must be made within fourteen (14) calendar days after the parties have been notified of the decision. If the decision is sent by mail, the date the decision is mailed initiates the fourteen (14) day period. The notice is informal, but shall contain the student’s name and the date of the decision or action. If the conduct officer is the appellant, a copy of the notice shall be sent to the student on the same day the notice is served by the Office of Student Conduct and Conflict Resolution.
- If notice of appeal is timely given as provided above, the Office of Student Conduct and Conflict Resolution, at the hearing officer’s direction, shall prepare the hearing record; the hearing officer shall certify its completeness and accuracy; and the Office of Student Conduct and Conflict Resolution shall send it to the University President, with a copy being sent to the student appellant, on or before the fourteenth (14) day after the notice of appeal is given or when the hearing record is available during those times in which a problem arises in preparing the record.
The Appeal (Administrative Disposition or Hearing)
- In order for the appeal to be considered, all necessary documentation to be filed by the appealing party, including written arguments in support of the appeal, shall be submitted to the Office of the President within fourteen days (14) day after the notice of appeal is given and the transcript, if any, is available.
- Notice of appeal timely given by a student appellant suspends the imposition of penalty until the appeal is finally decided, but interim action may be taken as authorized in The University of Texas at El Paso, Handbook of Operating Procedures, Section 1.4.4. Further, grades or degrees may also be withheld pending conclusion of the appeal.
Consideration of Appeal
- The decision will be reviewed on the basis of the recording, if any, any evidence considered at the hearing. Both parties may, at the discretion of the University President, present oral argument.
- The University President may approve, reject, or modify the decision in question or may require that the original hearing be reopened for the presentation of addition evidence and reconsideration of the decision. If the finding as to responsibility is upheld in a case involving the illegal use, possession and/or sale of a drug or narcotic on campus, the penalty may not be reduced below the minimum penalty prescribe in The University of Texas at El Paso, Handbook of Operating procedures, Section1.2.3.The action of the University President shall be communicated in writing to the student and to the Office of Student Conduct and Conflict Resolution thirty (30) days after the appeal and related documents have been received.
THE DECISION OF THE UNIVERSITY PRESIDENT IS THE FINAL APPELLANT REVIEW.