Students of The University of Texas Health Science Center at Houston (UTHSC-H) are responsible for knowing and observing the university regulations concerning student conduct and discipline.
A student is defined as a person who (1) is enrolled at the UTHSC-H, (2) is accepted for admission or re-admission at the UTHSC-H, (3) has been enrolled at the UTHSC-H in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows, or (4) engaged in prohibited conduct while meeting one or more of the criteria listed in 1-3.
The term dean as used in this policy refers to the administrative officer(s) responsible for the administration of the disciplinary process at each UTHSC-H school. Primary responsibility and authority for student discipline lies with the dean of each UTHSC-H school , who is responsible for investigating charges of misconduct and assessing disciplinary penalties, if appropriate, within his or her own operating unit. The dean is authorized by the University of Texas (UT) Board of Regents to proceed with an investigation and disciplinary process as outlined in this policy, notwithstanding any action taken by other authorities.a
The term hearing officer refers to a fair and impartial individual selected to hear disciplinary charges, make findings of fact, and, upon finding of guilt, impose an appropriate sanction(s).
The UTHSC-H campus is defined as all real property, buildings, or facilities owned or controlled or formally utilized by the UTHSC-H.
All UTHSC-H students are expected and required to obey federal, state, and local laws, comply with the Regents' Rules and Regulations, comply with UTHSC-H and UT System rules and regulations, comply with directives issued by administrative officials of the UTHSC-H or UT System in the course of their authorized duties, and observe standards of conduct appropriate for an academic institution. Any student who engages in conduct that violates the Regents' Rules and Regulations, UTHSC-H or UT System rules, or federal, state, or local laws is subject to discipline whether the conduct takes place on or off campus and whether or not civil or criminal penalties are imposed for such conduct.a
Hazing is prohibited by both state lawb and by the Regent's Rules and Regulationsa. The term "hazing" is broadly defined by statute to mean any intentional, knowing, or reckless act, occurring on or off the campus of the UTHSC-H, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are or include students at the university. Hazing with or without the consent of the student is prohibited and violations may render both the person inflicting the hazing and the person submitting to the hazing subject to criminal prosecution and student disciplinary action by the UTHSC-H.
Unacceptable conduct that would subject a student to disciplinary action includes, but is not limited to the following:
A student is also subject to discipline for prohibited conduct that occurs while participating in off-campus activities sponsored by the UTHSC-H or UT System, including field trips, rotations, or clinical assignments.
A student who receives a period of suspension as a disciplinary penalty is subject to further disciplinary action for prohibited conduct that occurs on campus during the period of suspension. A former student expelled or suspended for disciplinary reasons is prohibited from being on any UT campus during the period of expulsion or suspension without prior written approval of the chief student affairs officer of the institution at which the suspended student wishes to be present.
The following penalties may be assessed by the dean or the hearing officer:
If a student is found to be guilty of the illegal use, possession, and/or sale of a drug or narcotic on campus, the minimum penalty must be suspension from the institution for a specified period of time and/or suspension of rights and privileges.
As stated in the Policy Overview section, the dean is responsible for investigating allegations of misconduct; namely, that a student has engaged in conduct that violates the Regents' Rules and Regulations; the rules and regulations of the UTHSC-H or UT System; instructions issued by an administrative official of the UTHSC-H or the System in the course of his or her authorized duties; or federal, state, and/or local laws.
If the dean finds that the allegations against a student are not unfounded, and pending a hearing or other disposition of the allegations, the dean may take such immediate disciplinary action as is appropriate under the circumstances, including a) 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; or b) the withholding of grades, degree, or official transcript, when such action is in the best interest of the institution.
A student may be summoned by written request of the dean for a meeting to discuss the allegations. The written request shall specify a place for the meeting and a time at least three (3) weekdays after the date of the written request. The written request may be mailed to the address appearing in the records of the registrar or may be hand delivered to the student. If the student fails to appear without good cause for his or her non-appearance, 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 disciplinary hearing procedures (described below). The student's refusal to accept delivery of the notice or the failure to maintain a current address with the registrar are not considered good cause for failing to respond to a summons.
If the student does not dispute the facts on which the charges are based and waives the hearing procedures in writing, the dean shall assess an appropriate penalty(ies) as noted above and inform the student of the action in writing. The student may appeal the issue of penalty only; such appeal should be directed to the UTHSC-H president.
Alternately, if the student disputes the facts on which the charges are based, the dean will arrange for the facts to be heard and determined by a hearing officer.
When interim disciplinary action has been taken by the dean, a hearing of the charges against the student will be held within 10 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 cases other than those in which immediate interim disciplinary action has been taken, the accused student will be given at least 10 days' notice of the date, time, and place for the hearing, the name of the hearing officer, a written statement of the charge(s), and a summary statement of the evidence supporting such charge(s). The hearing notice may also set a deadline by which the student must notify the school if he or she intends to appear through a designated representative or counsel. The notice will be delivered in person 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.
The accused student may challenge the impartiality of the hearing officer up to three days prior to the hearing by submitting the reasons for the challenge in writing to the hearing officer through the office of the dean. The hearing officer is the sole judge of whether he or she can serve with fairness and objectivity. If the hearing officer disqualifies him- or herself, a substitute will be appointed in accordance with university procedures.
On a hearing of the charges, the dean or other institutional representative has the burden of going forward with the evidence and proving the charges by the greater weight of credible evidence.
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 will 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 UT System Office of General Counsel (OGC). The hearing officer will render and send to the dean 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. On a conclusion of guilt, the hearing officer will assess a penalty(ies) as noted above in the Policy Overview, Sanctions section.
The hearing will be conducted as follows:
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.
Each party has 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 UT System OGC. An advisor may confer with and advise the dean or accused student, but not question witnesses, introduce evidence, make objections, or present argument to the hearing officer. The dean may recommend a penalty to be assessed by the hearing officer, and may base the recommendation on past practice for violations of a similar nature, the student's past disciplinary record, or other factors the dean deems relevant. The accused student is entitled to respond to the dean's recommendation.
The hearing will be recorded. If either party wishes to appeal the hearing officer's decision, 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, the recording of the hearing will be transcribed and both parties will receive a transcript.
The hearing officer will send a written decision to both parties that will contain findings of facts, conclusions as to the guilt or innocence of the accused, and the disciplinary action, if any.
A student may appeal a penalty assessed by the dean following the student's waiver of the hearing procedures, and either party may appeal the decision of the hearing officer, as follows:
Either or both parties must deliver notice of appeal to the UTHSC-H president within 14 days after the appealing party has been notified of the penalty assessed by the dean or the decision of the hearing officer. If the notice of penalty or decision is sent by mail, the date the notice or decision is mailed initiates the 14-day period for giving notice of appeal.
In cases of appeal of the penalty assessed by the dean following the student's waiver of the hearing procedures, the president will review only the written arguments of the student and dean. In cases of appeal of the hearing officer's decision, the president will review only the record from the hearing. In the latter case, at the discretion of the president, both parties may present oral argument.
All documentation to be filed by the appealing party, including written arguments, must be filed with the president within 14 days after notice of appeal is given. The president may approve, reject, or modify the decision in question or may require a reopening of the original hearing for presentation of additional evidence and reconsideration of the decision.
The action of the president will be communicated in writing to the student and the dean within 30 days after the president receives the appeal and related documents. The decision of the president is final.
A permanent, written, disciplinary record will be kept for each student assessed a penalty of suspension, expulsion, denial or revocation of degree, and/or withdrawal of diploma. A record of scholastic dishonesty will be maintained for at least five years unless the record is permanent in conjunction with the above-stated penalties. A disciplinary record will reflect the nature of the charge, the disposition of the charge, the penalty assessed, and any other pertinent information. This disciplinary record will be maintained separately from the student's academic record, will be treated as confidential, and will not be accessible to or used by anyone other than the dean, except on written authorization of the student or in accordance with applicable state or federal laws, court order, or subpoena.
aBoard of Regents, UT System, Rules and Regulations, Series 50101, Student Conduct and Discipline.
bTexas Education Code, Sections 37.151 et seq.
cTexas Education Code, Section 51.936.
Updated 4/03; 08/07