CORPS RECRUITING PROGRAMS

The Corps of Cadets offers several ways for high school students to experience cadet life,
meet and interact with current cadets, staff, and faculty, and tour the Texas A&M campus.

58. University Disciplinary Appeals Panel

(Revised: 2020)

The decision as to which procedure to utilize for a grievance filed by a student shall be made solely by the University and shall be based on the fact pattern of each particular case. Each grievance shall be directed to a specific procedure and shall be accorded only one opportunity to be adjudicated unless the appeal body remands for further review.

58.1. Scope

58.1.1. Student Conduct Code Appeals. The University Disciplinary Appeals Panel (UDAP) will review and decide all appeals where a student is found responsible for a violation of the Student Conduct Code and a sanction of suspension and expulsion is imposed. For all other sanctions imposed for a violation of the Student Conduct Code, an administrative officer, appointed by the Vice President for Student Affairs or designee responsible for oversight of the student conduct processes shall decide submitted appeals.

• For purposes of this grievance procedure, (students enrolled in a college/school on campuses outside of Brazos County are directed to the University Disciplinary Appeals Panel for that college/school (see URL for a list of designees for each college/school).

58.1.2. Civil Rights and Equity Investigation (CREI) Appeals. UDAP may hear appeals of cases decided by Civil Rights and Equity Investigations (CREI). These cases may be deferred to the Vice President for Student Affairs or designee responsible for oversight of the student conduct processes or alternative appeal administrator/body, as referenced above, at the discretion of the chairperson if there are no sanctions of suspension or expulsion, and no appeals seeking an increase in sanctions. (See University Rule 08.01.01.M1 and related Standard Administrative Procedure 08.01.01.M1.01 for applicable procedures for sex discrimination).

58.1.3. Status of Original Outcomes. Decisions made by a lower level hearing body shall not be final until an appeal deadline is passed, when the appeal is exhausted, or when a student chooses not to appeal.

58.2. Membership

UDAP members are appointed by the University President, and a panel assembled to decide an appeal typically will consist of a chairperson, three (3) faculty/staff representatives, and two (2) student representatives. The chairperson is a non-voting member of UDAP and only participates in the deliberations of the panel to consult panelists regarding University Rules and Procedures. For a college/school on other campuses outside of Brazos County, with the exception of Texas A&M University at Galveston and Texas A&M University at Qatar, a panel will be composed of at least three members.

In cases decided by CREI, a panel assembled to hear an appeal typically will consist of the chairperson and three (3) faculty/staff representatives.

If a case involves alleged violations of The Standard or Residence Life Handbook, a panel may also include a representative from the Office of the Commandant or Residence Life to review the appeal of decisions for their respective areas.

58.3. Procedures

58.3.1. Appeals of decisions by CREI regarding sex discrimination. For cases decided by CREI regarding sex discrimination, see University Rule 08.01.01.M1 and related Standard Administrative Procedure 08.01.01.M1.01 for applicable procedures.

58.3.2. Right to an appeal. A student who has been found responsible for violating the Student Conduct Code or discrimination not based on sex as outlined in Texas A&M University system regulation 08.01.01. has the right to appeal the original decision. The appealing student must complete an online appeal request form, or other stated method for submitting an appeal, within five (5) University business days of the delivery of the decision. The appeal does not create an entitlement to a new investigation or a full re-hearing of the case. The review is limited to the specific grounds outlined in this grievance procedure. The appeal request must state the specific grounds for the appeal and include all supporting documentation. Supporting documentation may be typed, reproduced material, or other material directly related to the basis for appeal.

58.3.3. Bases for an appeal. An appeal may be based only upon one or more of the following grounds.

58.3.3.1. Procedural error: A procedural error or omission that significantly impacted the outcome;

58.3.3.2. New information: New information, unknown or unavailable during the original student conduct conference or at the time of the original decision that could have significantly impacted the outcome;

58.3.3.3. Severity of the sanctions: The appropriateness or severity of the sanctions.

58.3.4. Appeal response. In cases where an accused student appeals a decision, an appeal notice will be sent to the original University representative(s) who issued the decision. The appropriate University representative will be provided an opportunity to submit a written response within three (3) University business days of receiving the appeal notice. The appealing party will be notified of any submitted response and will be given an opportunity to review it. The appealing party will be provided an opportunity to submit a written reply to address any response from the University representative. Any written reply by the appealing party must be submitted within three (3) University business days of receiving notice from the chairperson. The chairperson has the discretion to limit new substantive information submitted in the written reply and/or allow for a response to the written reply that includes such new substantive information. All parties shall have the opportunity to review any materials submitted to UDAP.

58.3.5. Appeal request review. The chairperson will review appeal requests to determine whether one or more bases for appeal are supported by the appeal documents. If sufficient grounds have not been demonstrated, the chairperson may deny the appeal request or a portion of it. If the chairperson determines that there is a clear procedural error, the chairperson may refer the case back to the office with case jurisdiction to correct the error.

58.3.6. UDAP appeal decisions. UDAP will review the record for the case, the appeal request, and any submitted responses and replies outlined in section 58.3. In cases where the appeal is based on new information, UDAP will also review the relevant new information.

 58.3.6.1. UDAP may take any of the following actions after reviewing the appeal:

• Uphold the outcome/sanction(s) imposed by the original Student Conduct Panel or Student Conduct Administrator;
• Modify the sanction(s) imposed by original Student Conduct Panel or Student Conduct Administrator;
• Remand the case in whole or in part if sufficient new information is presented that may have materially altered the decision of the original Student Conduct Panel or Student Conduct Administrator, and was not or could not have been known at the time of the original student conduct conference; or
•  Remand the case in whole or in part, if UDAP determines that a procedural error occurred, with an instruction to correct the procedural error or omission. Upon correction of the error or omission, a Student Conduct Panel or Student Conduct Administrator will issue a new decision on the remanded issue(s). The new decision may be appealed.

58.3.6.2. After UDAP makes its decision, it will inform the appealing party of its decision in writing. UDAP will also provide notice of the outcome to anyone who is required to be notified pursuant to federal, state, or local laws or Texas A&M University Rules. All UDAP decisions are considered final and binding on all involved parties.

Propose a Student Rule Revision

27. Sanctions

(Revised: 2020)

One and/or any combination of sanctions may be imposed for any single student conduct code violation.

27.1 University Sanctions:

27.1.1 Expulsion: Separation of the student from the University whereby the student is not eligible for readmission to this University.

27.1.2. Suspension: Separation of the student from the University for a definite period of time. The student is not guaranteed readmission at the end of such period of time, but is guaranteed a review of the case and a decision regarding eligibility for readmission. The suspension takes effect when the appeal for the offense is exhausted, waived or time limit has passed. Suspensions may be implemented in one of two ways:  immediate implementation of suspension or deferred implementation of suspension. The sanction of suspension may be placed in deferred status. If the student is found in violation of any University rule during the time of deferred suspension, the suspension takes effect immediately without further review. Additional student conduct sanctions appropriate to the new violation also may be applied. A student who has been issued a deferred suspension sanction is deemed “not in good standing” with the University.

Not in good standing: A student who is not in good standing is subject to the following restrictions:

• • • Ineligibility to hold an office in any student organization recognized by the University or to hold any elected or appointed office of the University.
    • Ineligibility to represent the University in any way, including representing the University at any official function, intercollegiate athletics or any forms of intercollegiate competition or representation. This includes events taking place both on and off of the University campus.
    • Ineligibility to receive a University administered scholarship when the length of the period of not in good standing is greater than one semester. Some scholarships adhere to more strict guidelines, and, therefore, ineligibility may result from a lesser length of not in good standing. This sanction implies a serious offense and must be uniformly applied by the office administering the scholarship upon notification by the University Conduct Administrator.
    • Additional restrictions or conditions also may be imposed, depending on the nature and seriousness of the misconduct.

At the end of the suspension period, the student is eligible for reenrollment.  Actual admission to the University will be determined by the academic rules in place at the time of application for reenrollment.

27.1.3. Conduct Probation: An official warning that the student’s conduct is in violation of Texas A&M University Student Rules, but is not sufficiently serious to warrant expulsion or suspension. A student on conduct probation is deemed “not in good standing” with the University. If there is a finding of responsibility for subsequent violations of the student rules during this period of time, more severe sanctions may be administered.

27.1.4. Conduct Review: An official warning that the student’s conduct is in violation of Texas A&M University Student Rules, but is not sufficiently serious to warrant expulsion, suspension, or conduct probation. A student on conduct review shall have their conduct under review for a specified period of time. This sanction may require regular meetings with an appropriate official to ascertain and evaluate compliance with student rules. Additional restrictions or conditions also may be imposed, depending on the nature and seriousness of the misconduct. Students placed on this sanction remain in good standing with the University. If there is a finding of responsibility for subsequent violations of the Student Rules during this period of time, more severe sanctions may be administered.

27.1.5. Restrictions: The withdrawal of specified privileges for a definite period of time, but without the additional stipulations contained in the imposition of a sanction which results in a student being not in good standing. The restrictions involved will be clearly defined.

27.1.6. Restitution: A payment for financial injury to an innocent party in cases involving theft, destruction of property or deception. The assessed costs to be paid may be in addition to receipt of any of the above sanctions.

27.1.7. Community/University Service: A student may be offered an opportunity to complete a specified number of hours of Community/University Service. The type of Community/University Service must be approved by the Student Conduct Administrator.

27.1.8. Educational Requirements: A provision to complete a specific educational requirement. Such educational requirements may include, but are not limited to, completion of an alcohol education workshop, essays, reports, reflective writing assignments, etc.

27.1.9. Letter of Enrollment Block: A letter stating that the student may not reenter Texas A&M University without prior approval through the Student Conduct Office or the Vice President for Student Affairs if enrollment has been blocked for a previous student conduct problem.

27.1.10. Letter of Reprimand: A letter that makes a matter of record any incident that reflects unfavorably on the student or the University.

27.2 Campus Housing Sanctions:

The occupants of each residence hall, by majority vote, have the power to establish additional “in house” rules as approved by Residence Life. Generally, “in house” rule infractions are handled by the Residence Life Staff.

27.2.1. Loss of Campus Housing Privilege: Removal from university housing for conduct reasons.

27.2.2. Deferred Loss of Campus Housing Privilege: The sanction of Loss of Campus Housing Privilege may be placed in deferred status. If a student is found in violation of any University rule during the time of the deferred sanction, removal from housing takes effect immediately without further review. Additional student conduct sanctions appropriate to the new violation also may be taken. In addition, a student is ineligible to hold an elected or appointed office in any affiliated housing organization.  This includes but is not limited to the following offices/positions:  president, vice president, secretary, treasurer, RHA delegate.

27.2.3. Campus Housing Probation: An official notice that the student’s conduct is in violation of residence hall rules, University Apartments rules and/or University rules and that more stringent student conduct sanctions, including removal from housing, may result if future violations occur. In addition, a student is ineligible to hold an elected or appointed office in any affiliated housing organization. This includes but is not limited to the following offices/positions: president, vice president, secretary, treasurer, RHA delegate.

27.3. In addition to any of the sanctions listed in this section, members of the Corps of Cadets are subject to disciplinary action in accordance with The Standard.

27.4. Interim Suspension

A student may not be expelled or suspended prior to a student conduct proceeding or proceeding under Texas A&M University SAP 08.01.01.M1.01 except when the Vice President for Student Affairs or designee responsible for oversight of the student conduct processes believes that an interim suspension should be imposed.

Interim suspension may be imposed only to ensure the safety and well-being of members of the University community or guest, or preservation of University property; to ensure the student’s own physical or emotional safety and well-being; and/or if the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University. A student conduct proceeding will be scheduled as soon thereafter as practicable.

27.4.1. During the interim suspension, a student may be denied access to campus housing and/or the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible.

27.4.2. The interim suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a student conduct conference, if required.  However, the student should be notified in writing of this action and the reasons for the interim suspension.  The notice should include the time, date, and place of a subsequent conference at which the student may show cause as to why his/her continued presence on the campus does not constitute a threat and at which the student may contest whether the facts of the initial report are accurate.

27.5 Interim Restrictions

Interim restrictions include, but are not limited to, contact restrictions; representation of the university; and/or participation in university affiliated organization meetings, events, and/or activities.

Interim restrictions may be imposed (1) when a student has been interim suspended; (2) when a determination is made to implement a transcript hold under TAMUS Policy 11.99.02; and/or (3) in instances when the student’s participation or representation would threaten or negatively impact other students who are participating and/or representing an organization or the university. When interim restrictions are imposed, a student will be notified in writing of the specifics of the restrictions and why the restrictions are being implemented. Restrictions will remain in place through a designated time period and/or, if not indicated, until the student is notified that the restriction has ended.

The University views the student conduct system as an educational experience that can result in growth in personal understanding of one’s responsibilities and privileges in the University community. Acceptable standards of conduct have been established to protect the rights of others and the orderly operation of the University. The focus of student conduct proceedings is to determine whether the University’s standards of conduct have been violated. To this end, student conduct proceedings attempt to balance an understanding and knowledge of the students’ needs with the needs of the University community.

25.1. Charges and Student Conduct Conferences

Individuals may bring a complaint against a student for alleged violations of the Student Conduct Code.  Any complaint should be submitted as soon as possible after the event takes place.  Such complaints may be submitted to the Student Conduct Office. An investigation may be initiated to determine if the complaint has merit.  Complaints may result in charges, a form of alternative dispute resolution, or dismissal of complaint. These decisions are made at the sole discretion of the University. To ensure that students understand how to appropriately pursue a grievance at Texas A&M University, students are encouraged to seek clarification and advice regarding procedures before initiating a grievance. Although a student may seek such advice from any faculty or staff member, Student Life has staff members trained to help students who have grievances. Students are encouraged to seek assistance from this office in pursuing any type of grievance.

25.2. Interpretation and Revision

25.2.1. Any question of interpretation or application of the Student Conduct Code shall be referred to the senior Student Conduct Administrator or his or her designee for final determination.

25.2.2. The Student Conduct Code shall be reviewed every two years under the direction of Student Conduct Office. Failure to conduct this review shall not invalidate any portion of this code.

Propose a Student Rule Revision