The University will take immediate action to eliminate hostile environments, prevent reoccurrence and address any effects on the victim and community. This includes immediate steps to protect complainants even before the final outcome of the investigations, including prohibiting the respondent from having any contact with the complainant. These steps will attempt to minimize the burden on the complainant while respecting due process rights of the respondent. Remedies for students may include, but are not limited to: counseling services, victim’s advocate assistance, modifications to on-campus housing, modifications to parking permissions, and modifications to academic schedule. Remedies will be evaluated on a case-by-case basis.
Interim Suspension of a Student
- At any point in the process, a respondent may be subject to removal from WT or the program/activity on an emergency basis, provided that an individualized safety and risk analysis (conducted by or in conjunction with a WTAMU's Behavioral Intervention Team) has determined that an immediate threat to the physical health or safety of any student or other individual arising from the allegations justifies removal and provides the respondent with notice and opportunity to challenge the decision immediately following the removal. Upon being removed, any student respondent must be granted the opportunity for a hearing within (5) university business days to review whether or not the removal is warranted. The outcome of this hearing (regarding the interim suspension) is not subject to appeal. A disciplinary decision may come from this meeting and if so, that decision may be subject to appeal based on the appeal grounds listed in the student handbook. WTAMU will designate the assignment of a hearing authority for this purpose. (These interim measures can be used for sex-based misconduct).
- Conduct, on or off campus, which typically results in interim suspension:
- A significant and articulable threat to the health or safety of a student or other member(s) of the University community
- Sexual assault, other forms of sexual misconduct, stalking, and relationship violence that create a hostile enviromnent for the victim and the remedy for the harassment requires temporary separation
- Criminal felony charges related to weapons, drugs, aggravated assault, and/or terroristic threats
- Severe disruption in the academic community related to erratic behavior, threats, property damage, and/or verbal aggression with another student, where the offending student is uncooperative with staff requests.
- Violation of a no contact
- Retaliatory harm, discrimination or harassment
- If it is determined that a student organization’s actions or activities are detrimental to the educational purposes of the University and/or not in accordance with the Student Handbook, that student organization will not be officially registered with the Office of Student Engagement and Leadership. The registration of a student organization may be temporarily suspended while an investigation is pending involving an alleged violation of registered student organization rules and regulations as outlined in the Student Handbook. The registered student organization will be afforded all due process guidelines as described in the Student Handbook.
- Conduct, on or off campus, of members of a student organization that typically results in interim suspension:
- Violent or harassment-type.
- Organization events and activities resulting in allegations against individual students that typically result in individual student interim suspension.
- Cease and desist directives from regional or national
- Alcohol/drug rule/procedure violations during recruitment or social events
Conduct Outcomes/Findings
A student conduct officer may impose sanctions, conditions and/or restrictions as a result of an initial conference or formal hearing where the student is found responsible.
- SANCTION(S): Sanctions are defined as the primary outcome of the alleged violation.
- Disciplinary Reprimand: An official warning that the student’s conduct is in violation of WTAMU student rules.
- Social Probation: Social probation is a period of time during which a student group or student organization will not be allowed to have, host, or attend social gatherings as an entity of their organization.
- Disciplinary Probation: Disciplinary probation is a period of time during which a student’s conduct will be observed and reviewed.
- Deferred Disciplinary Suspension: Deferred disciplinary suspension is a period of time where a disciplinary suspension may be deferred for a period of observation and review.
- Disciplinary Suspension: Time-limited disciplinary suspension is a specific period of time in which a student is not allowed to participate in class or University-related activities.
- Disciplinary Expulsion: Disciplinary expulsion occurs when the student is permanently withdrawn and separated from the University.
- A condition is an additional component of a disciplinary sanction. A condition is usually an educational or personal element that is to occur in conjunction with the assigned sanction. Some examples of conditions include, but are not limited to:
- Personal and/or academic counseling intake session.
- Discretionary educational conditions and/or programs of educational service to the University and/or community.
- Residence hall relocation and/or contract review/cancellation of residence hall contract and/or use of dining facilities
- Restitution or compensation for loss, damage or injury, which may take the form of appropriate service and/or monetary or material replacement
- Monetaryassessment owed to the University
- Completion of an alcohol or drug education program
- A specified number of hours of community/University service
Restrictions
- A restriction is an additional component of a disciplinary sanction. A restriction is to occur in conjunction with the sanction and will usually be time specific. Some examples of restrictions include, but are not limited to:
- Revocation of parking privileges
- Denial of eligibility for holding office in registered student organizations
- Denial of participation in extracurricular activities
- Prohibited access to University facilities and/or prohibited direct or indirect contact with members of the University community
- Loss of privileges on a temporary or permanent basis