Ãå±±ÂÖ¼é

All students are expected and required to obey federal, state, and local laws, to comply with the Regents' Rules and Regulations, with The Ãå±±ÂÖ¼é of Texas System and institutional rules and regulations, with directives issued by an administrative official of the U. T. System or The Ãå±±ÂÖ¼é of Texas at El Paso (“Ãå±±ÂÖ¼é” or “Institution”) in the course of his or her authorized duties, and to observe standards of conduct appropriate for an academic institution.

Each student is responsible for compliance with the provisions of the Regents’ Rules and Regulations and the rules of the institution.

1.2.1   Who is Subject to Discipline

Any student who engages in conduct that violates the Regents' Rules and Regulations, the U. T. System or institutional rules and regulations, specific instructions issued by an administrative official of the institution or the U. T. System acting in the course of his or her authorized duties, or federal, state, or local laws is subject to discipline. A student is subject to discipline for prohibited conduct as enumerated in this Policy, including (where applicable) conduct that occurs off-campus, including but not limited to Ãå±±ÂÖ¼é off-campus activities such as field trips, internships, rotations or clinical assignments, regardless of whether civil or criminal penalties are also imposed for such conduct.

1.2.2   Free Speech

Freedom of speech and principles of academic freedom are central to the mission of institutions of higher education. Constitutionally protected expression cannot be considered prohibited conduct under this Policy.

1.2.3   Prohibited Conduct

1.      (a) Academic Dishonesty

Any student who commits an act of academic dishonesty is subject to discipline. Academic dishonesty includes but is not limited to cheating, plagiarism, collusion, the submission for credit of any work or materials that are attributable in whole or in part to another person without giving sufficient credit, taking an examination for another person, or any act designed to give unfair advantage to a student or the attempt to commit such acts.

1. 1.   Cheating is the following or attempts to do the following:
   • Copying from the test paper (or other assignment) of another student, engaging in written, oral, or any other means of communication with another student during a test, or giving aid to or seeking aid from another person during a test or on another assignment where doing so is prohibited by the instructor;\
   • Possession and/or use during a test of materials which are not authorized by the person giving the test, such as class notes, calculators, electronic devices, books, or specifically designed “crib notes”;
   • Using, obtaining, or attempting to obtain by any means the whole or any part of a non-administered test, test key, homework solution, or computer program, or using a test that has been administered in prior classes or semesters, but which will be used again either in whole or in part, without permission of the instructor; or accessing a test bank without instructor permission;
   • Substituting for another person, or permitting another person to substitute for one’s self, to take a test;
   • Falsifying research data, laboratory reports, and/or other records or academic work offered for credit; or
   • Submitting academic work exactly the same as, or substantially similar to, that which was used to satisfy requirements in a different class without proper citation or prior approval from the current instructor.

1. 2.   Plagiarism is the act or instance of using or closely imitating the language and/or thoughts of another author; including words, ideas, illustrations, structure, computer code, and other expressions or media; and presenting that material without authorization and/or the representation of that author’s work as one’s own academic work, being offered for credit or in conjunction with a program, course, or degree requirements.

1. 3.   Collusion is the unauthorized collaboration with another person in preparing academic assignments offered for credit or collaboration with another person to commit a violation of any provision of the rules on academic dishonesty, including disclosing and/or distributing the contents of an exam.
2.  
3. 4.   Misrepresenting facts for academic advantage to the Ãå±±ÂÖ¼é or an agent of the Ãå±±ÂÖ¼é. This includes providing false grades or résumés; providing false or misleading information in an effort to receive a postponement or an extension on a test, quiz, or other assignment for the purpose of obtaining an academic or financial benefit for oneself or another individual; and providing false or misleading information in an effort to injure another student academically or financially.

Any student who is found responsible for the illegal use, possession and/or sale of a drug or narcotic is subject to discipline.

  (c) Health or Safety

Any student who engages in conduct that endangers the health or safety of any person may be subject to discipline.

  (d) Disruptions

Any student who, acting singly or in concert with others, obstructs, disrupts, or interferes with any teaching, educational, research, administrative, disciplinary, public service, or other activity or public performance authorized to be held or conducted on campus or on property or in a building or facility owned or controlled by the U. T. System or institution is subject to discipline. Obstruction or disruption includes but is not limited to any act that interrupts, modifies, or damages utility service or equipment, communication service or equipment, university computers, computer programs, computer records or computer networks accessible through the university’s computer resources.

  (e) Inciting Lawless Action

Any student who engages in speech, either orally or in writing, which is directed to inciting or producing imminent lawless action and is likely to incite or produce such action is subject to discipline

  (f) Unauthorized Use of Property

Any student who engages in the unauthorized use of property, equipment, supplies, buildings, or facilities owned or controlled by the U. T. System or institution is subject to discipline.

  (g) Hazing

Any student who, acting singly or in concert with others, engages in hazing is subject to discipline. Hazing in state educational institutions is prohibited by state law (Texas Education Code and ). Hazing with or without the consent of a student whether on or off campus is prohibited, and a violation of that prohibition renders both the person inflicting the hazing and the person submitting to the hazing subject to discipline. Knowingly failing to report hazing can subject one to discipline. Initiations or activities of organizations may include no feature that is dangerous, harmful, or degrading to the student, and a violation of this prohibition renders both the organization and participating individuals subject to discipline.

“Hazing” means any intentional, knowing, or reckless act, occurring on or off of the campus, by one person alone or acting with others, directed against a student for purposes of pledging, being initiated into, affiliating with, or holding office in, or maintaining membership in an organization if the act:

1. is any type of physical brutality, such as whipping, beating, striking, branding, electric shocking, placing of a harmful substance in or on the body, or similar activity;

2. involves any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

3. any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;

4. any activity that induces, causes, or requires the student to perform a duty or task that involves violation law; or

5. any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection.

In an effort to encourage reporting of hazing, the Ãå±±ÂÖ¼é of Texas at El Paso may grant immunity from student or employee disciplinary action to a person who, in good faith, voluntarily reports specific incidents of hazing prior to being contacted concerning the incident or being included in the institution’s investigation of the incident. This immunity does not extend to the person’s own violation of hazing.

  (h) Altering of Official Documents

A student who alters or assists in the altering of any official record of the U. T. System or institution or who submits false information or omits requested information that is required for or related to an application for admission, the award of a degree, or any official record of the U. T. System or institution is subject to discipline. A former student who engages in such conduct is subject to bar against readmission, revocation of degree, and withdrawal of diploma.

This prohibition includes a student who participates or assists in the forging, altering, or duplicating of any parking permit, traffic ticket, or parking ticket issued by the Ãå±±ÂÖ¼é; any ticket for admission to a program or event sponsored by the Ãå±±ÂÖ¼é; any means of identification issued by the Ãå±±ÂÖ¼é; any instrument obligating the Ãå±±ÂÖ¼é to pay any sum of money; any key which may be used for entering any building owned or controlled by the Ãå±±ÂÖ¼é; or participating in such actions with other persons.

  (i) Vandalism

Any student who defaces, mutilates, destroys, or takes unauthorized possession of any property, equipment, supplies, buildings, or facilities owned or controlled by an institution or the U. T. System is subject to discipline.

  (j) Use of Explosives, Weapons or Hazardous Chemicals

Unless authorized by federal, state, or local laws, a student who possesses or uses any type of explosive, firearm, imitation firearm, ammunition, hazardous chemical, or weapon as defined by state or federal law, while on campus or on any property or in any building or facility owned or controlled by the U. T. System or institution, is subject to discipline. The Ãå±±ÂÖ¼é has a Campus Carry Policy and any violation of that Policy by a student will be handled according to the procedures in this Policy unless that Policy explicitly states otherwise.

  (k) Prohibited Conduct During Suspension

A student who receives a period of suspension as a disciplinary sanction is subject to further disciplinary action for prohibited conduct (in this and other Ãå±±ÂÖ¼é Policies) that takes place during the period of suspension.

  (l) Theft

Any student who commits theft, steals, or takes unauthorized possession of any personal property of any community member or Ãå±±ÂÖ¼é property within the buildings or facilities owned or controlled by the Ãå±±ÂÖ¼é or the U.T. System is subject to discipline.

1.      (m) Retaliation

Any student who retaliates in any way against an individual who has brought a complaint under this Policy (or other Ãå±±ÂÖ¼é policy) or participated in an investigation or disciplinary process of such complaint.

  (n) Engaging in Gambling or Dishonesty

Any student who engages in gambling on property, buildings, or facilities owned or controlled by the institution is subject to discipline.

  (o) Information Resources Systems Usage Violations

Students using Ãå±±ÂÖ¼é information resources or connecting to Ãå±±ÂÖ¼é information resources with a personal or non-Ãå±±ÂÖ¼é owned system will be held responsible for adhering to all Ãå±±ÂÖ¼é policies and procedures regarding Information Resource Usage as well as state and federal rules and regulations. Information Resources System usage violations include, but are not limited to, unauthorized system/network activity and unauthorized distribution or altering of programs and/or data.

  (p) Sale or Use of Alcoholic Beverages

The Ãå±±ÂÖ¼é enforces all state and federal laws or regulations which regulate and control the sale or use of alcohol on campus, including those pertaining to the possession of alcohol by minors. Ãå±±ÂÖ¼é regulations prohibit the possession and/or consumption of alcoholic beverages on Ãå±±ÂÖ¼é property without prior written authorization by appropriate administrative officials. Customers of legal age under state law may purchase and consume alcoholic beverages in areas on the campus specifically designated for the public sale and consumption of beer and wine, and residents of Ãå±±ÂÖ¼é Housing are authorized to possess and consume beer and wine in the privacy of their living quarters, if they are of legal age under state law.

The Ãå±±ÂÖ¼é, however, in accordance with the Texas Alcoholic Beverage Commission’s amnesty policy, affords amnesty to a minor seeking aid in a medical emergency if the minor (1) requested emergency medical assistance in response to the possible alcohol overdose of the minor or another person; (2) was the first person to make a request for medical assistance under Subdivision (1); and (3) if the minor requested emergency medical assistance for the possible alcohol overdose of another person: (A) remained on the scene until the medical assistance arrived; and (B) cooperated with medical assistance and law enforcement personnel, if applicable.

  (q) Knowingly Submitting False Information

A student who knowingly provides false information to Ãå±±ÂÖ¼é officials is subject to discipline. This prohibition includes a student who knowingly files a false report related to another student’s alleged violation of the Student Code of Conduct.

  (r) Harassment

Any student who engages in harassment of a Ãå±±ÂÖ¼é community member, as defined under Section II-Chapter 2, Section 2.2.4, is subject to discipline.

A former student who has been suspended or expelled for disciplinary reasons is prohibited from being on the campus of any U.T. System institution during the period of such suspension or expulsion without prior written approval of the chief student affairs officer of the U.T. System institution at which the suspended or expelled student wishes to be present.

The Office of Community Standards will conduct an investigation, determine whether to proceed with the charges, and if so, propose the appropriate sanction. The Office of Community Standards may proceed with the disciplinary process even if the student is subject to concurrent criminal or civil proceedings. Students will have the opportunity to appeal disciplinary action.

If there is a more specific policy that specifies the procedures for the investigatory and disciplinary process, such as the Sexual Misconduct Policy, that policy will govern. Student violations of the Ãå±±ÂÖ¼é Free Speech Policy will follow the procedures in this Policy.

1.4.1   Investigation

Allegations of misconduct will be investigated by the Office of Community Standards. The Office of Community Standards may contact a student for a meeting for purposes of the investigation and/or to discuss the allegations. The Office of Community Standards may also issue a summons for these purposes. A summons shall be in writing, specify a place for the meeting and a time at least three days after the date of the written request if the request is sent regular mail, or at least two days after the date of the request if the request is sent by email or hand delivered. The written request may be mailed to the address appearing in the records of the registrar, emailed to the student at the e-mail address on record with the U.T. System institution, or may be hand delivered to the student. If a student fails to appear without good cause, as determined by the Office of Community Standards, the Office of Community Standards may bar or cancel the student’s enrollment or otherwise alter the status of the student until the student complies with the summons. If the student failing to appear as directed in a summons is the student against whom charges are being reviewed, in addition to the above, the Office of Community Standards may proceed with disciplinary action based upon other information available using the disciplinary procedures in this Policy. The refusal of a student to accept delivery of the notice, the failure to maintain a current address with the registrar, or failure to read mail or e-mail shall not be good cause for the failure to respond to a summons.

1.4.2   Reviewing the Evidence and Determining the Sanction

The Office of Community Standards will review the evidence, determine whether to proceed with charges, and, if so, determine the sanction appropriate to the charges. Before proceeding with disciplinary action, the Office of Community Standards will offer the student the opportunity to meet to provide a response to the charges and, upon request, to review the available evidence supporting the charges.

1.4.3   Interim Disciplinary Action

Pending a hearing or other disposition of the allegations against a Respondent, the Office of Community Standards may take immediate Interim Disciplinary Action if the institution determines circumstances warrant immediate action to ensure the safety of any person and/or the Ãå±±ÂÖ¼é community. If Interim Disciplinary Action is imposed prior to the Respondent having an opportunity to respond to the allegations or to the concern of any potential threat, the Ãå±±ÂÖ¼é will provide the Respondent an opportunity to respond to the allegations and potential threat as soon as practicable after instituting the Interim Disciplinary Action. Following this opportunity to respond to the allegations and any potential threat, the Office of Community Standards may remove the Interim Disciplinary Action if warranted. If removal of the Interim Disciplinary Action is not warranted, the Respondent will have an accelerated hearing as described in Section 1.5.1 of this Policy unless the Respondent agrees to an Administrative Disposition under Section 1.4.5.

1.4.4   Withholding Transcripts, Grades, Degrees

The Office of Community Standards may also withhold the issuance of an official transcript, grade, diploma, certificate, or degree to a student alleged to have violated a rule or regulation of the U. T. System or the institution that would reasonably allow the imposition of such sanction. The Office of Community Standards may take such action pending a hearing, resolution by Administrative Disposition, and/or exhaustion of appellate rights if the Office of Community Standards has provided the student an opportunity to provide a preliminary response to the allegations and in the opinion of the Office of Community Standards, the best interests of the U. T. System or the institution would be served by this action.

1.4.5   Administrative Dispositions 

(a) In any case where the Respondent elects not to dispute the facts upon which the charges are based and agrees to the finding of responsibility and sanctions the Office of Community Standards assesses, the student may execute a written waiver of the hearing procedures and waiver of any appeals under the policy. This Administrative Disposition shall be final and there shall be no subsequent proceedings regarding the charges

(b) Alternatively, a student may elect to sign an Administrative Disposition waiving the right to the hearing under Section 1.5 but reserving the right to appeal only the sanction. Such an appeal regarding the sanction will be to the President’s designee as determined by institutional procedures in accordance with Section 1.7 of this Policy.

1.4.6   Challenging the Disciplinary Action

(a) Cases in which Proposed Sanction involves Suspension, Academic Sanctions, or Expulsion. In those cases in which the Office of Community Standards proposes suspension (including suspension of rights and privileges), academic sanctions, or expulsion as a sanction, the charges shall be heard and determined by a fair and impartial Hearing Officer in accordance with Section 1.5 of this Policy, unless the Respondent has elected an Administrative Disposition.

(b) Cases in Which Neither Suspension, an Academic Sanction, or Expulsion is Proposed as a Sanction. In those cases not subject to 1.4.6(a), institutional rules may provide for a hearing process, other than that provided for in Section 1.5, that at a minimum provides that the Office of Community Standards inform the student in writing of the charges, evidence, proposed findings, and the proposed sanction(s); allows the student an opportunity to meet with the Director of the Office of Community Standards or the Associate Vice President/Dean of Students (for the cases that are investigated by the Director of the Office of Community Standards) to provide evidence and at such time (or after such an opportunity), the Director of the Office of Community Standards or Associate Vice President/Dean of Students will inform the Respondent of the final findings and sanctions, if any; provides an appeal process outlined in Section 1.7 of this Policy.

(c) Burden of Proof. Upon a hearing of the charges (whether under 1.4.6(b) or Section 1.5), the Office of Community Standards or other institutional representative has the burden of going forward with the evidence and has the burden of proving the charges by the greater weight of the credible evidence.

In those cases in which (a) the Respondent disputes the facts upon which the charges are based and (b) the student’s proposed sanction is suspension (including suspension of rights and privileges), an Academic Sanction, or expulsion, such charges shall be heard and determined by a fair and impartial Hearing Officer.

Where a student is alleged to have violated the Sexual Misconduct Policy, the procedures governing the investigatory and disciplinary processes are outlined in the Sexual Misconduct Policy, and the procedures in this Policy do not apply.

1.5.1 Interim Disciplinary Action Accelerated Hearing

When Interim Disciplinary Action has been taken by the Office of Community Standards under Section 1.4.3 above and remains in place following the opportunity for the student to address the allegations and/or potential threat, the student will be given the opportunity to have a hearing of the charges in accordance with the procedures specified in Section 1.5.5 of this Policy within 10 days after the interim disciplinary action was taken; however, if the Office of Community Standards determines that there is good cause, the 10-day period may be extended for a reasonable period.

1.5.2 Notice of Hearing

Except in those cases where immediate interim disciplinary action has been taken, the Respondent shall be given at least 10 days written notice of the date, time, and place for such hearing and the name of the Hearing Officer. The notice shall include a statement of the charge(s) and a summary statement of the evidence supporting such charge(s). At least 10 days prior to the hearing, the Ãå±±ÂÖ¼é will provide the Respondent all evidence obtained related to the allegation(s). The notice shall be delivered in person to the student, emailed to the student at the e-mail address on record with the Ãå±±ÂÖ¼é, or mailed to the student at the address appearing in the registrar’s records. A notice sent by mail will be considered to have been received on the third day after the date of mailing. A notice sent via email will be considered to have been received on the day sent. The date for a hearing may be postponed by the Hearing Officer for good cause or by agreement of the student and the Office of Community Standards. If the student fails to appear, the Hearing will proceed without the benefit of the student’s presence.

1.5.3 Impartiality of the Hearing Officer(s)

The Respondent may challenge the impartiality of a Hearing Officer(s). The challenge must be in writing, state the reasons for the challenge, and be submitted to the Hearing Officer(s) through the Office of Community Standards at least three days prior to the hearing. The Hearing Officer(s) shall be the sole judge of whether he or she can serve with fairness and objectivity. In the event a Hearing Officer(s) recuses himself or herself, a substitute will be chosen in accordance with procedures of the institution.

1.5.4 Duties of Hearing Officer(s)

The Hearing Officer(s) is responsible for conducting the hearing in an orderly manner and controlling the conduct of the witnesses and participants in the hearing. The Hearing Officer(s) shall rule on all procedural matters and on objections regarding exhibits and testimony of witnesses, may question witnesses, and is entitled to have the advice and assistance of legal counsel from the Office of General Counsel of the U.T. System. Within 14 days of the hearing, the Hearing Officer(s) shall render a written decision which shall be sent to the Office of Community Standards and the Respondent. The written decision shall contain findings of fact and a conclusion as to whether the Respondent is responsible for the violation(s) as charged. Upon a finding of responsibility, the Hearing Officer(s) shall assess a sanction or sanctions specified in Section 1.6 of this Policy.

1.5.5 Procedures

The hearing shall be conducted in accordance with procedures adopted by the institution that are consistent with the following:

(a) Each party shall provide the other party a list of witnesses, a brief summary of the testimony to be given by each, and a copy of documents to be introduced at the hearing at least five days prior to the hearing. If the hearing is an Accelerated Hearing under Section 1.5.1, this information should be provided at least 3 days before the hearing.

(b) Each party shall have the right to appear, make an opening and closing statement, present testimony of witnesses and documentary evidence, cross-examine witnesses (as permitted by the hearing officer), and be assisted by an advisor of choice. The advisor may be an attorney. If the Respondent’s advisor is an attorney, the Office of Community Standards' advisor may be an attorney from the Office of General Counsel of the U.T. System. An advisor may confer with and advise the Office of Community Standards or Respondent, but shall not be permitted to question witnesses, introduce evidence, make objections, or present argument to the Hearing Officer(s).

(c) Live hearings may be conducted with all parties physically present in the same geographic location or, at the school’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually.

(d) The Office of Community Standards may recommend a sanction to be assessed by the Hearing Officer(s). The recommendation may be based upon past practice of the institution for violations of a similar nature, the past disciplinary record of the student, and/or other factors deemed relevant by the Office of Community Standards. The Respondent shall be entitled to respond to the recommendation of the Office of Community Standards. In making the sanctioning decision, the Hearing Officer will take into consideration any mitigating or aggravating factors.

(e) The hearing will be recorded. If either party desires to appeal the decision of the Hearing Officer(s) in accordance with Section 1.7 of this Policy, the official record will consist of the recording of the hearing, the documents received in evidence, any investigation report and supporting evidence, and the decision of the Hearing Officer(s). The recording will be made available to the Office of Community Standards and the Respondent within 3 days of the hearing date.

The following sanctions, either singularly or in any combination, may be assessed by the Office of Community Standards or by the Hearing Officer(s) as applicable, in accordance with these procedures:

1.6.1 Disciplinary probation. Disciplinary probation identifies a specified period of time during which the student [or registered organization] is not in good standing and required to comply with terms and conditions that include not engaging in further conduct in violation of this policy. Any conduct in violation of this policy while in a probationary status may result in the imposition of a sanction of suspension or expulsion or the removal of an organization’s official registration.

1.6.2 Written warning. The student will be notified that continuation or repetition of the specified conduct may be cause for further disciplinary action.

1.6.3 Withholding of grades, official transcript, and/or degree.

1.6.4 Bar against readmission, bar against enrollment, drop from one or more classes, and/or withdrawal from the institution.

1.6.5 Restitution or reimbursement for damage to or misappropriation of institutional or U. T. System property.

1.6.6 Suspension of rights and privileges, including participation in athletic or extracurricular activities.

1.6.7 An Academic Sanction, including a failing grade or reduction of a grade for an examination, assignment, or for a course.

1.6.8 Denial of degree.

1.6.9 Suspension. Suspension from the Ãå±±ÂÖ¼é for a specified period of time or until the student meets specified conditions. Students who are currently enrolled will be administratively withdrawn from all courses and refunds will not be issued. Suspension is noted on the academic transcript with the term “Disciplinary Suspension.” The notation can be removed upon the request of the student in accordance with the procedures adopted in the institution’s code of conduct when all conditions of the suspension are met.

1.6.10 Expulsion. Permanent separation of the student from then Ãå±±ÂÖ¼é. Expulsion creates a permanent notation on the student’s academic transcript.

1.6.11 Revocation of degree and withdrawal of diploma.

1.6.12 Other sanction as deemed appropriate under the circumstances.

A Respondent may appeal a disciplinary sanction assessed by the Office of Community Standards in accordance with Section 1.4.5(b). A Respondent may also appeal the Office of Community Standards' determination of responsibility or sanction in accordance with Section 1.4.6(b) above. Either the Office of Community Standards or the student may appeal the decision of the Hearing Officer(s). An appeal shall be in accordance with the following procedures:

1.7.1 Bases for Appeal 

A Respondent (and the Office of Community Standards, where applicable) may appeal on any of the following grounds:

1.7.2 Appeal Procedures

The appealing party must submit a written appeal stating the specific reasons for the appeal and any argument to the President’s designee (hereafter “Appeal Official”) with a copy to the other party. The appeal must be stamped as received in the office of the Appeal Official no later than 14 days after the appealing party has been notified of the sanction assessed by the Office of Community Standards or the decision of the Hearing Officer(s). The nonappealing party may, but is not required to, submit a response to the appeal within 7 days of receipt of the appeal. For purposes of calculating deadlines, the date that an appealing party has been notified of the sanction or the date the appealing party received a copy of the Hearing Officer’s decision is 3 days after the date the document was sent by mail to the recipient or, if emailed to the recipient, the day the email was sent.

An appeal of the sanction assessed by the Office of Community Standards in accordance with Section 1.4.6(b) above will be reviewed solely on the basis of the written argument of the student and the Office of Community Standards. The appeal of the decision of the Hearing Officer(s) will be reviewed solely on the basis of the record from the hearing. The Office of Community Standards will submit the record from the hearing to the Appeal Official as soon as it is available to the Office of Community Standards. The Appeal Official, may, at the Appeal Officer’s discretion, entertain oral argument in an appeal from the decision of the Hearing Officer(s).

1.7.3 Appeal Official’s Authority

The Appeal Official may approve, reject, or modify the decision in question or may require that the original hearing be reopened for the presentation of additional evidence and reconsideration of the decision.

1.7.4 Communication of Decision

The Appeal Official’s decision shall be communicated in writing to the Respondent and the Office of Community Standards within 30 business days after receiving the appeal and official record. The decision of the Appeal Official is the final appellate review.

The academic transcript of a student suspended or expelled for disciplinary reasons (not academic or financial) shall be marked with “Disciplinary Suspension” or “Disciplinary Expulsion” as appropriate. A notation should state whether the student is eligible to reenroll.

If the student becomes eligible to reenroll in the institution or the institution determines that good cause exists to remove the notation, the notation can be removed upon the request of the student.

The Ãå±±ÂÖ¼é will maintain a permanent written disciplinary record for every student assessed a sanction of suspension, expulsion, denial or revocation of degree, and/or withdrawal of diploma. A record of academic dishonesty shall be maintained for at least five years, and disciplinary records required by law to be maintained for a certain period of time, i.e. Clery violations, shall be maintained for at least the time specified in the applicable law, unless the record is permanent in conjunction with the above stated sanctions in this section. A disciplinary record shall reflect the nature of the charge, the disposition of the charge, the sanction assessed, and any other pertinent information. This disciplinary record shall be maintained by the Office of Community Standards. It shall be treated as confidential, and the record shall not be accessible to anyone other than the Office of Community Standards or Ãå±±ÂÖ¼é officials with legitimate educational interests, except upon written authorization of the student or in accordance with applicable state or federal laws or court order or subpoena.

Academic Sanction – A sanction affecting a student’s grade. For example, the lowering of a grade on an assignment, test, or in the course.

Administrative Disposition – A document signed by the student and the Office of Community Standards which includes a statement of the disciplinary charges, the findings, the sanction and a waiver of the hearing procedures and possibly a waiver of appeals under Regents’ Rules and Regulations, Rule 50101, Section 2, and institutional rules regarding student discipline.

Business Day - the day(s) that The Ãå±±ÂÖ¼é of Texas at El Paso is open for business. The term does not include any day designated as a "Skeleton Crew Day."

Campus – Consists of all real property, buildings, or facilities owned or controlled by the institution.

Chief Student Affairs Officer – The administrative officer primarily responsible for the development and administration of policies relating to students, for the development and implementation of services to students, and for the initial preparation of institutional regulations that will implement the policies and regulations set forth in this rule.

Complainant – The individual who is alleged to be the victim of any prohibited conduct under this Policy.

Day – A calendar day. For purposes of calculating any period of days in this Policy, if the last day of the period falls on a Saturday, Sunday, or an official holiday (including Skeleton Crew Days), or is a day when the Ãå±±ÂÖ¼é is closed due to an emergent situation, the period continues to run until the next day that is not a Saturday, Sunday, an official holiday (including Skeleton Crew Days), or a day when the Ãå±±ÂÖ¼é is closed due to an emergent situation.

Hearing Officer – An individual or individuals selected in accordance with procedures adopted by the institution pursuant to the recommendation of the Chief Student Affairs Officer to hear disciplinary charges, make findings of fact, and, upon a finding of responsibility, impose an appropriate sanction(s).

Interim Disciplinary Action – Disciplinary action adverse to a Respondent taken against the Respondent before a finding of responsibility for a policy violation. Interim Disciplinary Action may include suspension, suspension of a right or privilege, or a prohibition from entering campus or any part of campus.

Office of Community Standards – Refers to the administrative officer or officers responsible for the administration of the disciplinary process at the institution. The Office of Community Standards may designate individual(s) to administer disciplinary cases under this policy.

Respondent – The student accused of an alleged policy violation.

Student – The following persons shall be considered students for purposes of this Policy:

1. A person currently enrolled at The Ãå±±ÂÖ¼é of Texas at El Paso.

2. A person accepted for admission or readmission to the institution.

3. A person who has been enrolled at the institution in a prior semester or summer session and is eligible to continue enrollment in the semester or summer session that immediately follows.

4. A person who engaged in prohibited conduct at a time when he or she met the criteria of 1, 2, or 3 above.