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Code of Student Rights and Responsibilities, and Conduct

The following section includes, in its entirety, university policy on the Code of Student’s Rights, Responsibilities and Conduct. This policy is an articulation of the University’s commitment to recognize and support the rights of its students and to provide a guide for defining behaviors that the University may consider a violation of such policies. It is not, however, meant to be an exhaustive list of all actions which may be considered misconduct.  Information related to the Code of Academic Integrity can be found in the Academic Regulations section of this catalog.

Policy Statement:

The University of North Texas at Dallas, as a student-centered public University, has established standards of conduct to foster an educational environment conducive to learning and development. Students and University student organizations are expected to conduct themselves in a manner that demonstrates respect for the rights and property of others and upholds the integrity of the University community. The standards of conduct outlined in the Code of Student Conduct have been developed to ensure the well-being, honor and dignity of all who live, learn and work in our educational community.

Application of Policy:  

The Code of Student Conduct (“the Code”) applies to all individuals who apply for admission to, enroll in and matriculate or graduate from the University of North Texas at Dallas (UNT Dallas), student organizations, and to conduct that occurs on the premises of UNT Dallas, at any location, program or other activity sponsored by or associated with UNT Dallas sponsored activities. The policy also applies when conduct that occurs off- campus adversely affects or has a reasonable likelihood of adversely affecting the educational environment or UNT Dallas community and the pursuit of its objectives. The Code continues to apply even if a student withdraws from the University during the conduct process or is not otherwise enrolled. Students are responsible for their conduct from the time of admission for admission to the University through the award of a degree.

Definitions:

  1. Advisor - An individual selected by either a Complainant or Respondent to provide guidance, advice, or support to the student through the conduct process.

  2. Antisemitism - A certain perception of Jews that may be expressed as hatred toward Jews. The term includes rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property or toward Jewish community institutions and religious facilities.

  3. Assistant Vice Chancellor of Equal Opportunity (AVCEO) - The Assistant Vice Chancellor of Equal Opportunity leads the office that investigates alleged discrimination, harassment, sexual misconduct and related retaliation. The AVCEO or designee will review reports regarding these behaviors. The AVCEO or designee will review findings of sexual misconduct, domestic violence, dating violence, stalking and retaliation regarding these behaviors when requested by the Complainant or Respondent.

  4. Bullying/Cyberbullying - Repeated or severe aggressive behaviors that intimidate or intentionally harm or control another person physically or emotionally. Activities protected by freedom of expression will not be considered violations of the Code of Student Conduct.

  5. Code of Student Conduct (“the Code”) - The official university policy that sets out the rights and responsibilities of UNT Dallas students and student organizations, as defined by this policy, the manner in which students and student organizations are expected to conduct themselves at all times, and the procedures established to fairly address conduct that departs from these standards.

  6. Complainant - An individual who may have been the subject of conduct prohibited under the policy regardless of whether the individual reports the conduct.

  7. Conduct Record - Documentation of a student’s conduct violation(s) and sanction(s) while at UNT-Dallas.

  8. Conduct Process - The procedures provided in the Code from the initial notice of complaint through final resolution to consider whether a student or student organization has engaged in misconduct, and whether conduct sanctions should be imposed.

  9. Consent - Words or actions that show an active, knowing and voluntary agreement to engage in sexual activity. Consent cannot be gained by force, coercion, manipulation, threats, or by taking advantage of the incapacitation of another when the individual knows or reasonably should know of such incapacity by use of alcohol or drugs. Consent is absent when the activity in question exceeds the scope of previously given consent, or the person is unconscious or otherwise unaware that the prohibited conduct is occurring. Consent may be revoked at any time.

  10. Dating Violence - Abuse or violence, or threat of abuse or violence, against a person with whom the actor has or has had a social relationship of a romantic or intimate nature.

  11. Day - Day means calendar days unless otherwise stated in the policy.

  12. Dean of Students (DOS) - The University official responsible for administering the student conduct process in accordance with the Code, for maintaining student conduct records, and for assisting students in resolving conflicts.

  13. Domestic Violence - A felony or misdemeanor crime of violence (including threats or attempts) committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the violence occurred; or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the violence occurred.

  14. Findings - The outcome of an investigation or conduct case determining whether a student will be held responsible or not responsible for a violation of the Code.

  15. Good Conduct Standing - Status in which a student is fully eligible to participate in University activities and privileges.

  16. Harassment - Unwelcome verbal or physical conduct because of race, color, national origin, ethnicity, religion, sex, age, disability, genetic information, or veteran status when such conduct creates an intimidating, hostile or offensive environment and sufficiently severe, pervasive or persistent that it interferes with a student’s ability to participate in or benefit from educational programs or activities.

    a. Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of harassment for the purpose of this policy. To constitute a policy violation, the conduct must create a work or educational environment that would be intimidating, hostile, or offensive to reasonable people.

    b. Harassing behavior may include, but is not limited to, epithets, derogatory comments or slurs, lewd propositions, physical assault, impeding or blocking movement, offensive touching or any physical interference with normal work movement, and visual insults, such as derogatory pictures or cartoons.

  17. Investigation Process - The procedures provided in the Code to ascertain whether incidents involving misconduct may require investigation by The Office of Community Standards to determine whether to initiate the conduct process.

  18. Misconduct - Behavior that violates the standards put forth in this policy.

  19. No-Contact Order - Administrative directive issued by the Office of Community Standards prohibiting contact between individuals. The directive may be given as an interim measure during an investigation or as a sanction.

  20. Notice of Complaint - The initial document in the conduct process that identifies alleged misconduct in violation of the Code, and directs the student to schedule a meeting between the student and a DOS Representative.

  21. Notice of Disciplinary Sanctions - A document in the process that identifies conduct sanctions based on a violation of the Code.

  22. Office of Community Standards (OCS) - The University department under the Dean of Students Office responsible for administering the Code, maintaining student conduct records, and educating and assisting students in resolving conflicts with one another.

  23. Preponderance of the Evidence - The amount of information necessary to establish whether an allegation is more likely than not to have occurred (i.e. more likely true than not true). Preponderance of the evidence also is referred to as the greater weight of the evidence.

  24. Respondent - An individual or student organization identified as possibly having engaged in conduct prohibited under the Code regardless of whether a formal complaint is made.

  25. Retaliation - Taking or attempting to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in, in any manner, an investigation, proceeding, or hearing under this policy and procedure. Retaliation also includes filing a complaint or other action against an individual for alleged violation of University policy unrelated to sexual harassment but arising out of the same facts or circumstances as a report of sex discrimination or sexual harassment, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX or this policy.

  26. Review - An opportunity for a student to seek Review of a finding of responsibility and sanction of expulsion or suspension by the Committee on Student Conduct. Student must request a review to appeal through the Committee. A subsequent and final Review may be made to the Vice President of Student Affairs & Enrollment Management (VPSAEM).

  27. Sanctions - Disciplinary actions used to communicate to a student the seriousness of their actions. Sanctions are designed to be educational and are issued to hold the responsible student appropriately accountable and to connect students with appropriate resources and tools that can help promote growth and learning.

  28. Sexual Assault - An offense that meets the definition of rape, fondling, incest, or statutory rape.

  29. Sexual Coercion - The use of manipulation or threat to force someone to engage in a sexual act.

  30. Sexual Exploitation - Taking non-consensual or abusive sexual advantage of another for another’s own advantage or benefit, or to benefit or advantage anyone other than the person being exploited, including, but not limited to, non-consensual video or audio- taping of sexual activity, undetected viewing of another’s sexual activity or other types of sex-based voyeurism.

  31. Sexual Harassment - Unwelcome verbal, nonverbal or physical conduct of a sexual nature that:
    a. in the employment context unreasonably interferes with the person's work performance or creates an intimidating, hostile, or offensive work environment; or
    b. in the education context is sufficiently severe, persistent or pervasive that the conduct interferes with a student's ability to participate in or benefit from the university’s educational programs or activities. For purposes of this policy, conduct is sufficiently severe, persistent or pervasive in the education context if its frequency, or threatening or humiliating nature unreasonably interferes with or limits the student’s ability to participate in or benefit from the university’s educational program or activity, including when the conduct reasonably creates an intimidating, hostile, abusive or offensive educational environment.

    Examples of unwelcomed conduct that may constitute sexual harassment under this policy (regardless of the medium or platform) include but are not limited to:

    1. repeated requests for dates, sexual flirtations or propositions of a sexual nature;

    2. subtle pressure for a sexual relationship;

    3. sexist remarks about a person's clothing, body or sexual activities;

    4. unnecessary touching, hugging or brushing against a person's body;

    5. direct or implied threats that submission to sexual advances will affect or be a condition of employment, work status, grades, or letter of recommendation;

    6. comments of a sexual nature that cause humiliation, such as use of inappropriate terms of address;

    7. sexual assault; and

    8. sexually explicit or sexist comments, questions or jokes.

  32. Sexual Misconduct - Conduct including sexual harassment, sexual exploitation, sexual assault, domestic violence, stalking, and sexual violence.

  33. Stalking - A course of conduct directed at a person that would cause a reasonable person to (1) fear for the person’s safety or the safety of others; or (2) suffer substantial emotional distress.

  34. Student - An individual who has applied for admission or readmission to the University of North Texas at Dallas, who is registered or enrolled in one or more courses at the University, or who currently is not enrolled but has continuing academic relationship with the University.

  35. Student Conduct Hearing Board (“Hearing Board”) - A group convened at the request of a student or student organization for the purpose of providing an opportunity for impartial evaluation of alleged violations of misconduct and sanctions.

  36. Threat - Written or verbal communication and/or action, whether intentional or reckless, that by its nature causes a reasonable expectation of injury to any person or damage to any property. 

  37. Title IX Coordinator - University employee designated by the President to implement, monitor, and enforce the University’s Title IX program. In this policy, reference to the Title IX Coordinator also means their designees.

  38. University - The University of North Texas at Dallas.

  39. University Community - The collective group of students, faculty, staff, and any other person employed by or contributing to the University 

  40. University Premises - All land, buildings, and portion of buildings owned or leased by the University or a component of the UNT System.

  41. University Privilege - A benefit that is granted by the University or enjoyed by students, including but not limited to, residing in University housing, participating in social events or University sponsored activities, holding student leadership positions, and membership in student organization(s).

  42. University Sponsored Activity - All functions, events, and programs on the University premises or conducted under the authority of the University.

  43. University Student Group/Student Organization (“Student Group” or “Student Organization”) - A group of students who share a common interest and who are registered as a recognized student group in accordance with student organization policies. or the purposes of this policy, Student Group is synonymous with Student unless otherwise specified.

  44. Vice President for Student Affairs & Enrollment Management (VPSAEM) - Vice President designated by the President to provide authority to the DOS to administer the Code of Student Conduct and to be the final authority over the review process.

Procedures and Responsibilities:

A. Student Rights

The University is an academic community in which all persons share responsibility for its quality and wellbeing. As members of the University community, students can reasonably expect all the guarantees and protections afforded students of public institutions, including:

a. The right to fair and equitable process in all matters concerning the Code.
b. The right to exercise their privileges and responsibilities as student
c. The right to be free from discrimination on the basis of race, color, sex, age, religion, national origin, disability, or veteran status.
d. The right to engage in inquiry and discussion, to exchange thought and opinion, and to speak, write, and print freely on any subject in accordance with the guarantees of federal and state laws.
e. The right to engage in peaceful and orderly speech, protest, demonstration, and picketing within the public forum to the extent such activities do not disrupt the academic and administrative functions of the University. The University reserves the right, in accordance with federal and state law, to approve the time, place and manner of such activities.
f. The right to participate in the formulation of policy directly affecting students when allowed by law.
g. The right to participate in student organizations within the University.
h. The right to ready access to established University policies and procedures.

Responsible Party: Office of Community Standards

 

B. Student Rights in the Conduct Process

When a student is charged with an alleged violation of the Code that student has the right to:

  1. Receive notice of the alleged violation(s), know who to contact for a meeting, and the date by which that contact must occur.

  2. Present information in response to the allegations of misconduct, including an oral and written statement, witnesses, documents, and any other information that reasonably responds to the allegations.

  3. Be accompanied by an advisor. Advisors may not speak or participate directly in the conduct process.

  4. Choose to not participate or answer questions in a meeting.

  5. Ask questions of any statements or witnesses presented.

  6. Review by impartial officials and students participating in the conduct process.

  7. Appeal the findings, suspension, and expulsion as allowed by the Code.

 

C. Student Responsibilities

  1. Witnesses of Student Conduct Violations Members of the UNT Dallas community are strongly encouraged to participate in any conduct proceedings and to appear as witnesses when reasonably notified.

  2. Guests of University Students

    Guests must adhere to all University rules, and the hosting student is responsible for all guests’ actions. It is the responsibility of the host to inform the guests of these rules. The host can be held financially responsible for the actions of a guest, as well as face Code charges for any guests’ behavior. In the University’s sole and absolute discretion, guests may be prohibited from entering University premises.

  3. Amnesty Protocol:

    At UNT Dallas, the health, safety and welfare of our students and community are paramount concerns. As such, all UNT Dallas students are expected to alert appropriate officials in the event of any health or safety emergency –specifically including those involving the abuse of alcohol or drugs. Because the University understands that fear of possible disciplinary actions may act as a barrier to students seeking requests for emergency assistance, the University has adopted the following Amnesty Protocol to alleviate such concerns and promote responsible action on the part of students. In a situation involving imminent threat or danger to the health or safety of any individual(s), students are expected:

  1. to contact emergency officials by calling 911 to report the incident

  2. to remain with the individual(s) needing emergency treatment and cooperate with emergency officials, so long as it is safe to do so, and

  3. to meet with appropriate University officials after the incident and cooperate with any University investigation.

The University will consider the positive impact of taking responsible action in an emergency situation when determining the appropriate response for alleged conduct violations by the reporting student that may have occurred prior to or contemporaneously with the emergency situation. In some situations, this may mean that no University disciplinary action is taken or no disciplinary sanctions are imposed, but the incident will be documented, and educational, community, and health initiatives –as well as contact with a student’s parent(s) or guardian(s) –may be required.

The protocol does not preclude or prevent action by police or other local authorities. Nor does this protocol preclude disciplinary action regarding other violations of the Code, such as causing or threatening physical harm, sexual misconduct, property damage, harassment, hazing, etc. Failure of students to take responsible actions in an emergency situation, however, may void all protections under this provision, may constitute an aggravating factor for purposes of sanctioning, and may lead to further disciplinary actions when such failure to act otherwise constitutes a violation of University rules, regulations, or policies.

 

D. Student Organization Responsibility

University student organizations (“Student Groups”) are expected to conduct themselves in a manner consistent with the University’s function as an educational institution. Student Groups must observe all international, federal, state and local laws and University policies, including the Code, both on and off campus. A student group will be responsible for the actions and conduct of its members, when one or more of its members, acting in the capacity of their membership, commit a violation of the Code. Group misconduct need not be officially approved by the entire membership in order to be considered grounds for possible conduct action towards the organization. There is no minimum number of organization members who must be involved in an incident before conduct action may be taken towards the entire organization. Student groups found in violation of the Code are subject to the same procedures and sanctions as individual students.

Any Notice of Complaint regarding alleged misconduct involving a student group will be delivered to the Student Group President or other leader with a copy to the campus advisor as well as the appropriate Student Affairs Staff member. Student organizations are responsible for responding to all Notices of Complaint and failure to respond may result in resolution of the matter in the absence of any representative of the student group.

E. Student Records

Student records will be maintained in accordance with the Family Educational Rights and Privacy Act (“FERPA”) of 1974 and the U.S. Department of Education’s guidelines for implementation. Academic and conduct records will be maintained separately.

Transcripts of academic records will contain information concerning academic status, including disqualification for academic reasons, expulsion, suspension and revocation of admission for conduct reasons. With the exception of records relating to expulsion, suspension and revocation of admission, all conduct records will be destroyed seven (7) years after the date of the incident. Records relating to expulsion, suspension and revocation of admission will be held permanently.

F. Categories of Misconduct:

a. Dishonest conduct, including but not limited to-

1. Intentionally furnishing false or misleading information to the University or a University official.
2. Forging, altering or misusing any University document or instrument of identification.
3. Intentionally interfering with any election process.
4. Failure to fulfill financial obligation(s) to the University.
5. Misrepresenting oneself as a University official.

b. Conduct affecting the University community, including but not limited to-

1. Interfering with University or University-sponsored activities, such as teaching, learning and research, including study abroad.
2. Interfering with any University emergency or public safety functions, such as fire, police, or emergency services.
3. Engaging in disorderly or obscene conduct.
4. Breaching the peace, or aiding, abetting, or inciting another to breach the peace.
5. Failing to comply with a reasonable directive of a University official, including campus police and DOS officials acting in performance of their official duties.
6. Engaging in the following disruptive activity:

1. Obstructing or restraining a person from exiting or entering the campus or a facility.
2. Seizing control of a building or portion of a building in interference with an administrative, educational, research, or other authorized activity; or
3. Preventing or attempting to prevent by force or violence or the threat of force or violence an individual from engaging in expressive activity or participating in a lawful assembly conducted in accordance with University policy
4. This section should not be construed to infringe on any right of free speech, assembly or expression guaranteed by the Constitutions of the United States and Texas.

c. Conduct affecting property or services, including but not limited to –

1. Theft of property or services or knowingly possessing stolen property.
2. Intentional or reckless destruction or damage to University property or the property of others.
3. Unauthorized possession, duplication, or use of access devices to University property.
4. Unauthorized entry onto or use of University premises.

d. Conduct affecting intellectual property and academic integrity including but not limited to –

1. The use or distribution of the original work of another (whether copyrighted or not copyrighted) without the express consent of the owner
2. The use or distribution of a trademark, including the University trademark, without the express written consent of the owner.
3. Using the words or ideas of another, from the internet or any source, without proper citation of the source(s), commonly called plagiarism
4. Receiving unauthorized external assistance during an examination or any academic exercise for credit. This includes but is not limited to:

1. Providing or receiving aid in connection with any academic assignment;
2. Use or possession of any means to copy or photograph materials used or intended for academic evaluation for use during the evaluation or assignment;
3. Communication in any manner with another student;
4. Working with others on graded coursework, including in- class, on-line and take-home examinations; or
5. Possessing, reading, buying, selling or using any materials intended for an academic evaluation or assignment in advance of its administration.

5. Turning in the same work in more than one class or when repeating a class, unless permission is received in advance from the instructor
6. Falsifying information for inclusion in an assigned paper, project or exercise
7. Attempting to influence or change any academic evaluation, assignment or academic record for reasons having no relevance to academic achievement.
8. Falsifying or misrepresenting attendance, hours, or activities in relationship to any class, internship, externship, field experience, clinical activity or similar activity.
9. Acting or attempting to act as a substitute for another, or using or attempting to use a substitute, in any academic evaluation or assignment
10. Facilitating, permitting or tolerating any of the above-listed items

e. Conduct affecting University computing resources or technology resources, including but not limited to –

i.  Unauthorized access, unauthorized use or misuse of University technology resources, systems or data.
ii. Disrupting University technology operations, or the availability of technology resources.
iii. Using another individual’s identification, password, or other credentials to access University technology resources.
iv. Unauthorized sharing of copyrighted materials through electronic means.
v.  Initiating or contributing to attacks against external networks or University systems.

f. Conduct affecting health, safety or welfare, including but not limited to –

i. Engaging in physical or verbal abuse, fighting, threats, intimidation, coercion, bullying, harassment or any other conduct that threatens or endangers the health, safety, or welfare of any person. Speech protected by the Constitutions of the United States and Texas is not a violation of this provision but fighting words and statements which reasonably threaten or endanger the health and safety of any person are not protected speech.

1. UNT Dallas recognizes that some constitutionally protected speech may be considered offensive by some or al viewers/listeners. An expressive activity does not automatically rise to the level of denying constitutional, statutory, or legal rights of others solely because viewer/listener is offended by the idea presented. However, expressive activities that interfere with the legal rights of others are not permitted.

ii. Hazing is any intentional, knowing, or reckless act, occurring on or off campus, by one person alone or acting with others, directed against a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization, including:

1. Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of harmful substance on the body, or similar activity;
2. Involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
3. Is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code, Student Code of Conduct, other university policies; or
4. Involves coercing the student to consume

a. A drug; or
b. An alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated.

5.  Any act that subjects the student to unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student.

iii. Arson or unauthorized use or possession of ammunition, firearms, explosives, or other objects that are dangerous or flammable or that could cause damage by fire or explosion to persons or property.
iv. Illegal use, possession, sale, manufacture, distribution or control of chemical precursors, controlled substances, controlled substance analogues, or dangerous or illegal drugs; misuse or unauthorized possession of a legal drug or other substance which could cause harm to the user; abuse or misuse of prescription medications; possession of drug paraphernalia; or encouraging or being a party to any of the above.
v.  Public intoxication, driving under the influence, driving while intoxicated, or use, possession, or distribution of alcoholic beverages, except as expressly permitted by law and University policy
vi. Tampering with or misuse of security or safety equipment
vii. Falsely reporting an emergency or threat.
viii. Engaging in acts of sexual misconduct, sexual assault, sexual coercion, sexual harassment, sexual exploitation, dating violence, domestic violence, or stalking as defined by state, federal laws and University policy.
ix. Recording another person, without consent, in a location intended to provide privacy to the person using the area.

g. Violations of federal, state or local laws (whether convicted or not) or other University policies.

h. Interfering with the conduct process; including but not limited to –

i. Engaging in retaliation.
ii. Failing to comply with sanction(s) assigned under the Code or sanction(s) otherwise assigned by the University, including failing to comply with any “no contact” order.
iii. Falsifying or misrepresenting information at any stage of the conduct process, or knowingly initiating a false complaint to OCS. iv. Planning or facilitating misconduct.
v. Trespassing, forcefully entering and/or occupying University-owned, leased or controlled premises without authorization

G. Sanctions for Misconduct

Any student found to have engaged in misconduct may be assigned sanction(s). The sanctions are designed to engage students in critical reflection of their choices, as well as educate and develop students through a process of accountability that promotes integrity, responsibility, and growth. The Office of Community Standards OCS will consider the nature of the misconduct, the impact of the misconduct on the University community, the circumstances surrounding the misconduct, and previous sanctions assigned to others for similar misconduct in determining sanctions. Repeated misconduct may result in more serious sanctions, including suspension or expulsion.

a. Warning-

1. Written notice that the student has violated the Code and must not engage in future misconduct.
2. No impact on Good Conduct Standing.
3. A student may request reconsideration based on new information that was not available at the time of the conference.
4. Not subject to review.

b. Conduct Probation-

i. Written reprimand for a violation of the Code.
ii. Conduct Probation will last at least one semester and any subsequent violations during the probationary period will be viewed as both a violation of University policy and a violation of the probation.
iii. Expires automatically after the period determined by the DOS Representative; however, a more severe sanction will likely be assigned if the student violates the Code again during that period.
iv. Impacts Good Conduct Standing.
v. Not a permanent conduct record.
vi. No more than three Conduct Probation sanctions may be imposed on a student prior to that student being removed from the University community, though the student may be removed prior to this condition.
vii. A student may request reconsideration based on new information that was not available at the time of sanction.
viii. Not subject to review by Conduct Hearing Board.

c. Student Suspension-

i. Removal from the University for a specified period. A suspended student will be removed from enrollment, prohibited from entering University premises and blocked from future class registration until reviewed and approved by OCS.
ii. A suspended student is not in Good Conduct Standing during the suspension period. Lost privileges will be restored at the completion of the designated suspension period at the discretion of the DOS Representative.
iii. Suspension is noted on the student’s transcript until all conditions of the sanction are met. The notation will be removed if the sanctions are completed and the student submits a request for the removal of the transcript notation of suspension to the OCS.
iv. A suspended student must meet with a DOS Representative after the suspension period is over to be reinstated to the University and trespass lifted.
v. A suspended student may request reconsideration based on new information that was not available at the time of the conference.
vi. A suspended student may request review by the Conduct Hearing Board.

d. Student Group Suspension-

i. Removal of privileges and recognitions afforded to student groups for a time period determined by the DOS Representative.
ii. Student groups will not be permitted to participate as a recognized Student Group in University activities or sponsor any activities representing the University.
iii.  Student groups may submit a request to the OCS for reinstatement after the suspension period is over.
iv. A Student Group may request reconsideration based on new information that was not available at the time of the conference.
v. The Student Group may request review by the Conduct Hearing Board.

e. Expulsion-

i. Permanent removal from the University. An expelled student will be permanently barred from enrollment and permanently prohibited from entering any University premises.
ii. An expelled student’s Good Conduct Standing is permanently removed.
iii. Expulsion is permanently noted on the student’s transcript.
iv. An expelled student may request reconsideration based on new information that was not available at the time of conference.
v.  An expelled student may request review by the Conduct Hearing Board.

f. Additional Sanctions-

i.  Education workshops, or other assignments designed to educate a student about the potential impact of misconduct and to prevent recurring misconduct.
ii. Reflection letter of understanding
iii. Any other sanctions assigned by the Office of Community Standards that is meant to be educational in nature.
iv. Sanctions assigned under this section have no impact on a student’s Good Conduct Standing. v. Failure to comply with the sanction assigned under this section may result in further discipline.

g. Loss of Privileges-

i. A temporary or permanent loss of University privileges, including the opportunity to join or hold a leadership position in a Student Group, participate in study abroad programs, register as a student group, or participate in social or extracurricular events.
ii. No impact on Good Conduct Standing
iii. Loss of Privileges is not subject to review unless it is assigned in combination with another reviewable sanction.
iv. A student may request reconsideration based on new information that was not available at the time of the conference.

h. Residence Hall Removal-

i. A temporary or permanent removal of a student from a specific residence hall or from all University housing and any connected dining facilities.
ii. No impact on Good Conduct Standing.
iii. A student may request reconsideration based on new information that was not available at the time of the conference.

i. Administrative Conduct Hold-

i.  A status documented in the Registrar’s official file that precludes the student from registering for classes and accessing official transcripts until clearance from the OCS or the DOS.

H. Investigation and Conduct Procedures

OCS will review all alleged violations of the Code without regard to any related arrest or pending criminal or civil proceeding. OCS may conduct an investigation based on the nature of the allegation.

a. Title IX & Sexual Misconduct Investigations.

i. Allegations of violations of the University’s Sexual Misconduct Policy (16.005) shall be investigated by the Title IX office or designee. If there are findings of a violation, the case will be transferred to OCS for sanctioning under the Code.
ii. Sanctions for Sexual Misconduct or Title IX will be assigned in accordance with minimum sanctions as outlined in the Code. Additional or more severe sanctions may be assigned based upon the specific facts of the case. The DOS Representative will determine sanctions and notify both the Respondent and the Complainant of the outcome. If the assigned sanction results in suspension or expulsion, either party may request review to the Vice President of Student Affairs within five (5) days after the notice of sanctions.
iii. If a student withdraws or graduates from the University before the completion of an investigation, the Title IX Coordinator will determine the status of the investigation.

b. Conduct Process.

i. Meeting Process.
Notice of Complaint – If, upon review of an incident report or other information of alleged misconduct, OCS believes a Respondent may have violated the Code, the DOS Representative will send the Respondent a Notice of Complaint. The Notice will:

1. Inform the Respondent of the date and location of the alleged misconduct and the specific section of the Code that may have been violated, as well as specific details of the allegation
2. Meeting will be scheduled with the Respondent and a DOS Representative in to discuss the alleged misconduct.
3. Inform the Respondent they may request the report of the OCS investigation, if an investigation was conducted.
4. Be sent to the Respondent using their university-assigned email address or mailing address on file with the University. Students are responsible for maintaining a current mailing address with the University Registrar and for checking their university-assigned email on a regular basis.

ii. Initial Meeting

1. An initial educational meeting occurs that allows for the resolution of alleged misconduct. A DOS Representative meets with the Respondent to discuss the alleged misconduct, determine whether the Respondent has violated the Code, and if so, what sanctions are appropriate. The Respondent may present information regarding the alleged misconduct including witnesses, documents, or any other information the Respondent believes will assist the DOS Representative in making a determination regarding the alleged misconduct and an appropriate sanction, if found responsible.
2. Respondents may be accompanied by an advisor, including an attorney. However, the Respondent must speak on their own behalf. The advisor may speak privately to the Respondent during the process but may not speak on behalf of the Respondent. The DOS Representative may dismiss any advisor who interferes with a Respondent’s ability to speak on their own behalf. If a Respondent intends to be accompanied by an attorney, the Respondent must notify the DOS Representative at least two (2) days prior to the conference so the University can arrange for a representative from the Office of General Counsel to be present at the conference.

c.  Notice of Findings and Sanctions

i. If the DOS Representative finds that a Respondent engaged in the misconduct set out in the Notice of Complaint, the DOS Representative will inform the Respondent of the decision, the reason(s) for the decision, and the assigned sanction(s). Additionally, if the Respondent acknowledges engaging in misconduct that was not included in the Notice of Complaint, the DOS Representative may find the Respondent responsible for the misconduct and assign sanctions based on all information obtained during the conduct process. The DOS Representative will also notify the Respondent about any process for review or reconsideration, if applicable.

ii. If the DOS Representative determines that the Respondent has not violated the Code, DOS Representative will notify the Respondent in writing and take no further action.
iii. Effective Date of Conduct Sanction

1.  Assigned sanction(s) will take effect five (5) days after delivery of the Notice of Findings unless a request for reconsideration or review is received by SCCS in accordance with this policy. If the SCCS receives a request, the sanction will not take effect until the reconsideration or review is completed.

iv. Request for Reconsideration or Appeal

1. The Respondent may ask the DOS Representative to reconsider the finding(s), the assigned sanction(s), or both based on new information that reasonably may change the finding(s) or sanction(s). The request must be submitted in writing within five (5) days after delivery of the notice of findings. The time for requesting reconsideration may be extended by the DOS Representative in the interest of fairness.

v. Request for Review by Hearing Board

1. A Respondent who has been assigned suspension or expulsion may request review before the Student Conduct Board by submitting a request within five (5) days after delivery of the Notice of Conduct Findings.

d. Student Conduct Board

i. Authority of the Committee— In cases of misconduct where the assigned sanction is suspension or expulsion, the Student Conduct Board may review both the findings and assigned sanctions.

ii. Composition of the Committee– The Committee is comprised of three (3) members: one (1) member from the UNTD faculty, one (1) member from the UNTD student body, and one (1) staff member from UNTD or the UNT System Administration. OCS will select an additional individual to serve as Chairperson for the Committee. The Chairperson will preside over the Committee and, in accordance with this policy, make all decisions regarding review procedures, including the introduction and exclusion of information, requests to extend time, and overall management of the proceeding. The Chairperson may participate fully in all reviews but will not vote.

iii. Challenge to Committee Members and Chairperson— The Respondent may challenge one or more committee members based on a concern that the member cannot make an impartial decision. Requests to remove a committee member must be submitted to the Chairperson, in writing, by noon the day before the meeting. The Chairperson will decide whether to grant the request, except the Vice President for Student Affairs will decide a challenge to the Chairperson.

iv. Scheduling Notice – Upon receiving a request for review, OCS will determine a date and time for the review and notify the Respondent.

v. Procedures for Review Before the Committee

1. Submission of Information – No fewer than five (5) days prior to the scheduled review, both the Respondent and the DOS Representative must submit the following information to the Committee Chairperson:
2. A written summary of their position.
3. A list of witnesses;
4. A list of all documents the individual intends to present to the Committee at the review.
5. The Committee Chairperson will exchange the information between the Respondent and DOS Representative no fewer than three (3) days prior to the review.

vi. Committee Review Process

1. Reviews are informal proceedings and traditional rules of courtroom evidence do not apply. Proceedings will occur in a virtual setting. Each participant will have no more than forty-five (45) minutes to present their case to the Committee, which may include a statement explaining the facts, oral or written, and any witness(es) and documents. The participants may ask questions of any individual testifying during the proceeding. All participants will have the opportunity to summarize their positions. Reviews for findings involving sexual misconduct, dating violence, domestic violence and stalking will be reviewed by the AVCEO or their designee and sanctions will be reviewed by the VPSAEM. Cases involving sexual misconduct will adhere to UNT Policy 16.005.
2. A Respondent requesting a review must attend on camera except in emergency circumstances as approved by the Committee Chairperson, if a requesting party fails to attend the Review, the review may be dismissed and the decision of the DOS Representative will be final.
3. A party requesting a review must present to the Committee on their own behalf. A party requesting a review may be assisted by one advisor, including an attorney, of their choosing, but only the parties may speak to the Committee or ask questions. Attorneys will not be permitted to present evidence or argument before the Committee. A party who will be accompanied by an attorney should notify the Chairperson at least two (2) days in advance of the review, so that the University can arrange to have a representative of the Office of General Counsel present.
4. The DOS Representative must show, by the greater weight of the evidence that the student engaged in conduct in violation of the Code. If the assigned sanctioned is subject to review, the DOS Representative must show, by the greater weight of the evidence, that the conduct sanction was reasonable based on the circumstances. The DOS Representative must begin the presentation before the Committee and conclude the presentation as well.
5. Reviews will be recorded, and recordings will be the property of the University. A written transcript of recordings may be provided at the requestor’s expense, to the extent permitted by FERPA. Recordings will be maintained according to the University records retention policy.

vii. Committee Findings and Conclusions – No more than two (2) days after the Review, the Chairperson will provide the Respondent with a summary of the Committee’s findings and conclusions. The Committee may uphold, modify, or reverse the decision of the DOS Representative. A copy of the summary will be provided to DOS Representative. OCS will take action as appropriate based on the findings of the Committee. The findings of the Committee are final unless the Respondent or Representative submits a request for review by the Vice President for Student Affairs.

e. Review by the Vice President for Student Affairs

i. Within five (5) days of the Committee on Student Conduct’s decision, either the Respondent or the DOS Representative (or in matters of sexual misconduct, domestic violence, dating violence or stalking, either the Respondent, the Complainant, or the DOS Representative may request, in writing, a review by the Vice President for Student Affairs. The reason(s) for the review must be outlined in the request. The Vice President for Student Affairs may request additional information from any person as needed to make a decision. The Vice President for Student Affairs may uphold, modify, or reverse the decision of the Committee on Student Conduct and this decision is final. In matters of sexual misconduct, domestic violence, dating violence or stalking, the VPSAEM may uphold, modify or reverse the sanctions of the DOS Representative and this decision is final. Regarding these cases the final decision will be prepared in accordance with the FERPA and delivered to both the Complainant and the Respondent.

f.  Interim Removal

i. A student may be immediately removed from all or part of the University premises and all courses when alleged misconduct reasonably indicates that the presence of the student on the university premises poses substantial or immediate danger to the health, safety, or welfare of any member of the University community or University property.
ii. Conference regarding interim removal—A student must contact the DOS Representative within two (2) days of receiving a Notice of Interim Removal to schedule a conference to discuss: (1) the reliability of evidence supporting the alleged misconduct; and (2) whether the continued presence of the student on University premises reasonably indicates a substantial or immediate danger to the health, safety or welfare of any member of the University community or University property. The student’s failure to make a timely request for a conference or to appear at a scheduled conference will cause the interim suspension to remain in effect until the conduct process is complete.
iii. If the DOS Representative determines that interim removal is appropriate under the circumstances, the DOS Representative will issues findings and conclusions to that effect and the student will remain removed from the University premises, including all University events and activities, on an interim basis.

1. Interim removed student groups will be immediately precluded from engaging in any activities, programs, or events, including, but not limited to recruitment, philanthropy, or community service. The interim removal remains in effect until the disciplinary process is complete or until otherwise altered by the DOS Representative. If the DOS Representative determines that interim removal is no longer appropriate, the DOS Representative may permit the student to return to University premises while the conduct process continues.
2. In matters of sexual misconduct, domestic violence, dating violence or stalking, a Complainant may be provided notice of the findings and conclusions regarding interim removal in accordance with FERPA.

g. Timeframes

i. The timeframes set forth in this policy are goals and the University’s inability to meet a timeframe will not render the procedures invalid so long as no student rights are violated.
ii. Timeframes may be extended by mutual written agreement between decision-makers or by approval of the Vice President for Student Affairs.

 

Interpretation and Revision

A. Interpretation - Questions of interpretation or application of the Code will be referred to the DOS, or their designee, for final determination following consultation with the Office of General Counsel.

B. Revision-The Code will be reviewed every three (3) years under the direction of the Vice President for Student Affairs and Enrollment Management.