Student Conduct Proceedings

Student Conduct Hearing Process

2.7 | Student Conduct Proceedings

2.7.A | Upon notice of an alleged violation of the Student Handbook, the Office of Community Standards will review allegations of misconduct and assign a Conduct Officer to the case. The Conduct Officer will inquire, gather, and review information about the reported student misconduct and will investigate the accuracy for factual sufficiency. Incidents will not be forwarded for an Initial Conference unless there is reasonable cause to believe a rule or procedure has been violated.

2.7.B | If an initial report of misconduct is filed but does not identify the victim, or the victim is not available, the Conduct Officer will fully investigate the reported incident with the information provided. Unsupported allegation(s) with no credible information will not be forwarded for an Initial Conference.

2.7.C | A student will be given notice via their WT email of their involvement in an alleged violation of the Student Handbook. When preliminary information indicates that a student is associated with the reported incident, the student will be asked to meet with a Conduct Officer.

2.7.D | Student Responsibilties:

i. Failure of an alleged party to comply with, or respond to, a notice issued as part of the Student Conduct proceedings and/or failure to appear, may result in a hold placed on the student's account, additional alleged violations and a charge of Failure to Comply.

a. Case Resolution Form Completion: In the Informal Process, following the Initial Conference, the Conduct Officer assigned to that case will make a determination of Responsible or Not Responsible for each alleged violation. A Case Resolution Form will be sent to the student. The student has three (3) business days to either Accept or Reject their Initial Finding.

b. Without good cause shown, if the student is late to their designated hearing, the Conduct Officer or Hearing Body may make a determination in their absence, and is not responsible for beginning the hearing over, recalling witnesses, or re-entering any evidence into record.

c. Disorder or Disruption: Disorderly or disruptive behavior by any individual during the conduct process may result in removal of the individual from the conduct process, at the discretion of the Student Conduct Officer.

d. When information on more than one student is contained in a single education record, each student may inspect the information specifically related to themselves. If a student requests their case documents sections may be redacted to protect confidentiality. If a student requests a recording, and the recording pertains to only the requesting student, arrangements may be made to review the recording.

e. Conduct proceedings will be open only to those parties and witnesses involved in the Case. Hearings will not be open to the public, or any form of media or live feeds.

f. At the university’s discretion, notices and student conduct correspondence will be issued to the student via email to their University email account, to their local and/or permanent address or record, delivered by staff, and shall constitute full and adequate notice. It is the student’s responsibility to keep the address of record change or forwarding address. The refusal to accept/receive a letter (sent either by first class mail or certified mail or by staff delivery), or failure to check university email shall not constitute good cause for failure to comply with the content of the official university correspondence. Disciplinary action may be taken against a student for failure to appear after proper notice.

2.7.E | Student Conduct Proceedings: All Student Conduct proceedings will adhere to the following procedures. Student Conduct cases that involved allegations of misconduct begin with the Informal Process. If a student receives a determination through the Informal Process and they reject that decision, their case will move onto the Formal Process. Cases that involve allegations of weapons violations and repeat offenders will go straight to the Formal Process. Student Conduct cases that contains complaints or incidents of misconduct involving a registered Student organization of WT will result in the Office of Community Standards initiating the Student Organization Accountability Process (SOAP).

Informal Process: The student will be informed in writing of the allegations made and the date, time, and place of the Initial Conference with their assigned Conduct Officer. This information will be sent to the accused student’s WTAMU email address. For university-related correspondence, it is the student’s responsibility to check their university email account, check it regularly, and provide an accurate local mailing address.

a. Evidence Review: (optional) Prior to the Initial Conference, a student may request to schedule an Evidence Review meeting with the Conduct Officer, or designee. This provides an opportunity for the student to review the evidence, excluding official University Police Department reports on cases pending action in the district attorney’s office or while the case is still under investigation. An appointment must be set up with the Office of Community Standards, or designee, located at the Jack B. Kelley Center 102H and available by phone at (806)-651-2389. The following rules apply to Evidence Reviews:

i. Protected information may be redacted from the documents provided. This could include reporter(s) identity, victim information, and/or other information made confidential under state and federal law.

ii. During the Evidence Review case materials will be provided to the student. The student is allowed to take notes but may not take photographs or record images of the materials, and all materials will be collected by staff prior to the end of the meeting.

b. Initial Conference: The Initial Conference will be conducted by the Conduct officer assigned to the case. The Conduct Officer is responsible for collecting information from all involved parties, including their perspective and any evidence to support their narrative. The Conduct Officer will explain the Student Conduct process and answer any remaining questions from the involved parties.

i. Election of an Advisor: Students may elect to bring an advisor of their choosing to the Initial Conference. An advisor, in this context, is an individual selected by the student involved to provide support. An advisor can be a family member, friend, teacher, or attorney. Students are responsible for contacting their assigned Conduct Officer not later than two (2) business days prior to their scheduled Initial Conference to elect for an advisor to be present. An advisor may advise the student, but may not actively participate in the Initial Conference. Advisors who impede or disrupt the Student Conduct process may be removed.

c. Informal Resolution: After the assigned Conduct Officer has met with all involved parties the Officer will have three (3) business days to issue a determination for each party on whether a student is Responsible or Not Responsible for each alleged violation. When circumstances warrant, the three business-day deadline may be extended. If a student is found Responsible for one or more violations they will be issued a Sanction, and if applicable, Conditions and/or Restrictions. The Conduct Officer will issue notification to each party via their WT email.

d. Case Resolution Form: A student will receive a Case Resolution Form via their WT email. The Case Resolution Form will contain the Conduct Officer’s determination of Responsible or Not Responsible for each alleged violation, along with any applicable rationale for their decision. Upon receipt of the Case Resolution Form the student will have three (3) business days to select one of the following:

i. I accept the decision made as a result of my Initial Conference and agree to adhere to all sanctions, conditions, and/or restrictions assigned as a result of a Responsible finding.

ii. I reject all or part of the decision made as a result of my Initial Conference and request a Formal Hearing as outlined in the Student Handbook.

1. If a student rejects all or part of the decision made in their Informal Resolution, their case will be assigned to a new Conduct Officer by the Office of Community Standards and referred through the Formal Process.

e. In-Abstentia: If the student chooses not to appear at the Hearing, no inference may be drawn from this decision. The hearing will proceed, and a decision will be made based on the facts presented. If a Conduct Officer completes an In-Abstentia Hearing they will issue the student notification of their determination via a Case Resolution Form within the specified three (3) business day period the Conduct Officer may finalize their determination.

ii. Formal Process: The student will be informed in writing that their case has been forwarded onto the Formal Process. The assigned Conduct Officer will send notification to the student’s WT email no less than five (5) business days prior to the date and time of the Formal Hearing.

a. Election of Advisor: For the Formal Hearing process, the student may elect to be accompanied by an advisor. An advisor can be a family member, friend, teacher, or attorney at their own expense. The advisor may advise the student privately, but may not present or participate in the case. The advisor cannot be a witness to the proceeding. Students must notify their assigned Conduct Officer no later than two (2) business days when electing to have an advisor for the Formal Hearing. Advisors who impede or disrupt the Student Conduct process may be removed.

b. Formal Hearing: The Formal Hearing will be conducted by the assigned Conduct Officer and recorded. The recording will remain the property of the institution. Deliberations will not be recorded. The university will present evidence supporting the allegations first and has the burden of proving its case by the preponderance of evidence. A determination of the facts will be based only on the evidence as presented. Rules of evidence applicable to civil and criminal cases shall not apply. An opportunity will be provided for the student to present their own version of the facts and to present other evidence in support of the current case including witnesses. Witnesses will also have the right to hear evidence and question the Student Conduct Officer. The Conduct Officer may impose reasonable limitations upon the presentation of evidence and questioning of witnesses. A student may not be compelled to testify. If the student chooses not to testify during the Hearing, no inference may be drawn from this action. The hearing will proceed, and a decision will be made based on the facts presented. Suspension/Expulsion sanctions result in records being maintained in the VP of Student Affairs office.

c. Formal Resolution: Upon conclusion of the hearing, the assigned Conduct Officer will provide a written statement of the findings, the formal action to be taken by the university, and a description of the appeals process. This will be sent to the student’s WT email within five (5) business days of the date of the Formal Hearing.

d. Appeal Procedure: A student may appeal the decision or the sanction(s), condition(s) and restriction(s) imposed by the Office of Community Standards by submitting a written petition to the VP of Student Affairs office within five (5) business days of receiving the Formal Hearing decision. The Appeal form can be completed at: cm.maxient.com/reportingform.php?WestTexasAMUniv&layout_id=4.

i. The petition must clearly set forth the grounds for the appeal, together with the evidence upon which the appeal is based. A disagreement with the decision alone shall not constitute grounds for appeal. The Office of Community Standards has ten (10) business days to make a decision on the appeal. The only proper grounds for appeal are as follows:

1. A procedural (or substantive error) occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures, etc.).

2. The discovery of new evidence, unavailable during the original hearing or review of the case, which could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.

3. The sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions.

iii. Student Organization Accountability Process (SOAP Case): All complaints and reported incidents of misconduct will be investigated by the Office of Community Standards. All evidence and case materials will be provided to the Student Organization Accountability Board (SOAB) who will issue a determination of Responsible or Not Responsible, and any Sanctions or Conditions included in the finding.

a. Hearing Body: The SOAB will be comprised of:

i. Chair - the Director of the Office of Community Standards

ii. Two faculty/staff member seats

iii. Three trained student board member seats

b. Notification: The president or chief student leader of the organization will be notified via WT email of the report and applicable process. This notification will be issued via email to their University account, the student’s local and/or permanent address or record, or delivered by staff, and shall constitute full and adequate notice. It is the student’s responsibility to keep the address of record change or forwarding address. The refusal to accept/receive a letter (sent either by first class mail, certified mail, email, or by staff delivery) shall not constitute good cause for failure to comply with the content of the official university correspondence.

c. Investigations: The Office of Community Standards will conduct a preliminary investigation and may meet with selected members or associated individuals to gather information pertaining to the incident(s) and allegation(s). The Office of Community Standards will create a Summary Report, which will include all evidence collected and case materials available. If the report contains information that supports alleged violations to the Student Handbook, the case will be sent onto the SOAB for a Hearing date, time and location to be scheduled.

d. Interim Measures:

i. Interim Suspension of Recognition: Based upon a student organization’s alleged behavior, the Vice President for Student Affairs, or the Office of Community Standards may impose an interim disciplinary action prior to the initiation of investigation. Reasons for Interim Suspension of a Student Organization include, but are not limited to:

1. Barring or limiting some, or all of the organization’s activities and/or privileges, including but not limited to: social activities, intramural competitions, organizational competitions, eligibility to receive any leadership or responsibility in any university student organization, governing body, publication, or activity, and the ability to represent the university in an official capacity or position.

e. SOAB Hearing: Following the receipt of the investigation report, the SOAB will notify involved parties of the Hearing time, date, and location, at minimum five (5) business days prior to the date of the Hearing. The university will present evidence supporting the allegations and has the burden of proving its case by the preponderance of evidencce. A determination of the facts will be based only on the evidence as presented. Rules of evidence applicable to civil and criminal cases shall not apply. An opportunity will be provided for the organization to present their own version of the facts and to present other evidence in support of the current case including witnesses. The SOAB may impose reasonable limitations upon the presentation of evidence and questioning of witnesses. A student may not be compelled to testify. If the student chooses not to testify during the Hearing, no inference may be drawn from this action. The hearing will proceed, and the decision will be made based on the facts presented.

f. Determinations: Following receipt of the investigation report, the SOAB will have three (3) business days to issue a determination. Determinations will be based upon a preponderance of the evidence and must include:

i. A finding of either Responsible or Not Responsible for each alleged violation;

ii. Sanctions or conditions for each allegation determined to be a violation.

f. SOAB Appeal: Organization presidents may appeal a finding of responsibility or the sanction(s), condition(s) and/or restriction(s) imposed by SOAB by submitting a written petition to the VP of Student Affairs office within five (5) business days of receiving the determination. The Appeal form can be completed at: cm.maxient.com/reportingform.php?WestTexasAMUniv&layout_id=4

i. The petition must clearly set forth the grounds for the appeal, together with any evidence upon which the appeal is based. A disagreement with the decision alone shall not constitute grounds for appeal. The VP of Student Affairs has ten (10) business days to make a decision on the appeal. The only proper grounds for appeal are as follows:

1. A procedural (or substantive error) occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures, etc.)

3. The sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions.