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UNT//CSRR University of North Texas

Disciplinary Procedures

  1. Initiation of Disciplinary Action: Disciplinary action may originate in the office of the Judicial Officer or in other units of the University, which may initially deal with the alleged misconduct. Examples of disciplinary action which may originate in other units include but are not limited to the following:

    1. Matters of Academic Dishonesty — The following procedures are recommended for adjudicating a case of academic dishonesty, however, a faculty member may refer a case at any time to the Judicial Officer. A faculty member who believes a student to be guilty of academic dishonesty shall provide the student with opportunity for a hearing, after which, if still convinced that academic dishonesty has taken place, he/she should discuss the Faculty Disposition of an Academic Dishonesty Case form thoroughly with the student and may assign an academic sanction such as withdrawal from or failure in the course, reduction or changing of the grade, performance of additional work, etc. (in instances where a degree has been or is about to be awarded on work for which academic honesty is in question, the department and school/college may also deny or revoke the student's degree using the same process as noted herein). Acceptance of the faculty member's academic sanction by the student shall make the penalties final and constitute a waiver of further academic administrative procedures. Once an academic sanction has been assigned, the faculty member (or the department/college/school) should forward the Faculty Disposition of an Academic Dishonesty Case form to the Judicial Officer, who will make the documentation part of a disciplinary file and may assign additional non-academic sanctions.

      A student who contests the faculty member's accusation of academic dishonesty may request a hearing by the academic department Chair. This request must be made in writing within three (3) working days of notification of the faculty member's decision. After hearing the student and examining the evidence, the Chair should inform the student and the CSRR in writing of his/her decision. If the student does not accept the department Chair's decision, he/she may have the matter referred to the Judicial Officer. If the student does not accept the decision of the Judicial Officer, he/she may then follow the normal hearing procedures listed below under the Committee on Student Conduct. If the student is ultimately found not to have been involved in academic dishonesty, the instructor shall not base the student's grade on the alleged but unproven dishonesty. If the student is found to have been so involved, the faculty member's academic penalties will stand. Any student who believes a grade has been inequitably awarded may request a hearing under the Grade Appeals Procedure.

      **The Faculty Disposition of an Academic Dishonesty Case form can be obtained here or at the Center for Student Rights and Responsibilities (Union 324).

    2. Housing Disciplinary Matters — Students who reside within the residence hall system are under a contractual obligation to abide by the rules and regulations governing residence hall living, as well as being bound by the University catalogs and all other University rules and regulations governing the conduct of students. Rule or regulation violations may be handled directly by housing staff, may be referred to the Housing Judicial Board or may be referred, in whole or in part, directly to the Vice President for Student Development Office at any time the severity of the violation so warrants. The Judicial Officer or housing staff member may recommend penalties such as cancellation of contract, removal from the residence hall system, reassignment to another hall or within the same hall, imposition of behavioral contract, restitution or special fees, as outlined in the Residence Hall Room and Board Contract and the Rules and Regulations for Residence Hall Living or other appropriate sanctions. The student's acceptance of the sanctions recommended by the housing staff shall make the sanctions final and constitutes a waiver by the student of further administrative procedures. If the student does not accept the recommended decision of the housing staff, he/she may have the matter heard by the Judicial Appeals Board, Assistant/Associate Director of Housing, and/or the Director of Housing, as stipulated by Central Housing. If the student does not accept the decision of Central housing, he/she may appeal the matter to the Housing Appeals Board, within three (3) working days of receipt of the decision. If the student does not accept the decision of the Housing Appeals Board, the student may appeal the matter to the Judicial Officer in the Vice President for Student Development Office, within three (3) working days of receipt of the decision. The decision of the Judicial Officer is final.
    3. Financial Matters — Procedures for violations of financial obligations to the University, including issuance of a check without sufficient funds, are provided for under state law. Such violations will ordinarily be addressed first by the department in which the funds are owed, which may initiate action and assign penalties such as late fees, service charges, fines, loss of money-related privileges, etc. Upon failure of the student to meet financial obligations within time limits set by state statutes, the appropriate department official may recommend the student's withdrawal from the University. Financial withdrawal is not a disciplinary measure but may require nullification of the institutional/student relationship, in the event of unpaid financial obligations. If the student believes that procedures for violations of financial obligations have been applied prejudicially or in an arbitrary or capricious manner or where penalties are the result of an alleged error on the part of the University, he/she may have the matter reviewed by the appropriate department official. If the student does not accept the decision of the appropriate department official's decision, he/she may appeal to the Vice President for Fiscal Affairs, whose decision is final. Whenever unpaid financial obligations have led to withdrawal and when these obligations have remained unpaid more than five (5) days from the date of withdrawal, students must pay the debt, meet all administrative procedures related to financial matters, and request consideration for re-instatement/re-enrollment from the Judicial Officer. If the student does not accept the decision of the Judicial Officer, he/she may appeal to the Vice President for Student Development, whose decision is final.
    4. Health Matters - Students, whose physical or mental health may affect the health, safety and/or welfare of the University community, who represent a danger to themselves or others, whose continuing presence disrupts the academic or administrative process, or who fail to follow the directives of the University Health Center or other medical or psychological authority regarding health problems, may be medically withdrawn from the University. Action may be initiated by the Judicial Officer upon the recommendation of the Director of the Health Center or other medical or mental health official or attempts to achieve the student's cooperation have failed. If the student does not accept the decision of the Judicial Officer, he/she may request a hearing before the Committee on Student Conduct. After the mental or physical health problem has been resolved and the student has complied with directives of the University Health Center or other medical/mental health officials have been complied with, he/she may apply for re-admission to the University.
    5. Admissions/Re-enrollment Matters — Prospective students and former students seeking re-admission whose applications indicate possible ineligibility of the applicant on grounds involving personal conduct or falsification of admissions documents may be referred to the Judicial Officer for disciplinary review. The potential of the applicant to benefit from University attendance, as well as the welfare and safety of the student body and of the University community, will be carefully considered before permission to enroll or re-enroll will be granted. When evidence indicates the applicant has participated in acts disruptive to the normal operation of an educational institution; when it appears that an applicant or a current/former student has falsified the application or other admissions forms; when the applicant has committed an act which is in violation of one or more of the categories of misconduct stipulated in the Code; when an applicant has been formally charged with the commission of a criminal act; when an applicant has been convicted of a criminal act and is on the date of application still under any sanctions imposed by the court, including but not limited to imprisonment, parole and/or probation, the Judicial Officer may deny admission or re-enrollment, or place the appropriate sanction upon the student. The decision of the Judicial Officer is final.

  2. Interim or Emergency Disciplinary Action: Pending a hearing, the President of the University or the Judicial Officer may take such immediate interim disciplinary action as is deemed necessary against a student or group of students when, in his/her opinion, such action is necessary to protect the health, safety, life or property of members of the academic community or to prevent the disruption of the educational process. In cases where contact with the student can be reasonably obtained, the Judicial Officer shall contact the student, provide information regarding the nature of the charges and provide the student with an opportunity to respond.

  3. Vice President for Student Development Office Disciplinary Procedures: The following disciplinary procedures will be used in all cases referred to the Vice President for Student Development Office:

    1. When a complaint or report alleging misconduct is received in the Vice President for Student Development Office, the Judicial Officer staff will conduct a preliminary investigation to determine whether an infraction against the Code of Student Conduct may have occurred. If the investigation reveals that the Code has been abridged or appears to have been abridged, the student may be summoned to appear before a Judicial Officer. Students are expected to respond to the summons in a timely manner. Failure to report after two summons notices may result in suspension from the University or other appropriate disciplinary action as provided for in the Code. Students who voluntarily withdraw from the University prior to the determination of a sanction, remain subject to the case being adjudicated.
    2. Upon meeting with the student, the Judicial Officer will explain the charges against him/her and the disciplinary procedure; will inform the student of names of witnesses and will summarize their testimony. The student will then be given an opportunity to respond to the allegations and present pertinent information on his/her behalf.
    3. The Judicial Officer shall then conduct any further investigation which may be warranted by the information given by the student to make a determination of whether disciplinary action is necessary; if so, the Judicial Officer shall assign appropriate misconduct penalties as outlined in this Code. The Judicial Officer will then explain the Code violations with which the student is charged; the misconduct penalties which will apply; and will provide the student with a copy of the Code and procedure for appeal to the Chairperson of the Committee on Student Conduct, if applicable.
    4. If applicable, the student may either accept the penalties or can appeal for a review of the disciplinary action against him/her by the Committee on Student Conduct. If the student accepts the assigned penalties, they become final. Where permitted, if the student chooses to appeal, he/she must follow the procedures for review by the Committee on Student Conduct. Failure of the student to follow the specified procedures to institute the committee's review within three (3) working days from the date disciplinary action was imposed by the Judicial Officer shall constitute a waiver of all rights for further review of the matter. However, the Judicial Officer has the authority to extend the time limits for any request for review by the Committee on Student Conduct, when it is in the best interests of the student or the University to do so.

  4. Procedure for Review by the Committee of Student Conduct

    The purpose of the Committee on Student Conduct is to ensure that fairness is observed in the administration of student discipline. Whenever permanent misconduct penalties have been imposed under the Code, the student may appeal the case to the Committee on Student Conduct for just cause. The student must submit a written request for review to the Chair of the Committee within three (3) working days from the date disciplinary action was imposed by the Judicial Officer. The request must set forth the following:

    1. Name, address (to which appeal information should be mailed), and phone number
    2. Description, date(s) and place(s) of alleged act(s)
    3. Date and by whom discipline was imposed
    4. Disciplinary penalty assigned and detailed circumstances which he/she feels merit review
    5. Objective of the appeal, (i.e. reduction of the sanction severity or change in the case decision)
    6. Signature and date

  5. Composition and Authority of the Committee on Student Conduct

    The composition of the Committee on Student Conduct shall be two faculty members, two students, and one administrative staff member and a Chairperson appointed by the President. A representative from the Vice President for Student Development Office will be present during the hearing.

    1. Faculty members are appointed by the Faculty Senate to serve on the Committee on Student Conduct for a period of three consecutive years. A pool of faculty members will be appointed, one-third of whom will be replaced each year to preserve continuity of experience.
    2. A pool of students shall be selected annually by a committee appointed by the Vice President for Student Development. At a minimum, student participants must have completed 45 cumulative hours and be in good standing with the University.
    3. A pool of administrative members is appointed by the University president, two of whom will be replaced each year. No administrative member shall be selected from the Vice President for Student Development Office.
    4. The president shall appoint an additional member from the faculty or staff serve as Chair of the committee. The Chair may select a Co-Chair from among the faculty/staff membership of the committee to serve in the event of his/her absence. The Chair shall participate fully in the hearing process but shall vote only in case of a tie. All members, except the Vice President for Student Development Office representative, shall have voting privileges. The Chair shall serve a term not to exceed three years.
    5. In exigent circumstances, such as during finals week or a holiday, the Vice President for Student Development may appoint an ad hoc committee to fulfill the duties of the Committee on Student Conduct.
    6. The Chair of the committee and the Judicial Officer shall coordinate and conduct training for all members of the committee at the beginning of each fall term to familiarize members with the Code and other rules, regulations and policies of the University of North Texas. Failure of a committee member to attend training may constitute grounds to nullify the member's appointment and may result in a request that a new appointment be made.
    7. For a given case, two faculty members, two students and one administrative staff member will be chosen, based on availability, from the roster of the current committee. The other member is the faculty Chair appointed by the President.
    8. The Committee on Student Conduct has the authority to summon witnesses. Refusal to obey the summons may subject the student to disciplinary action upon the recommendation of the committee.
    9. The Committee on Student Conduct has the authority to review disciplinary matters which have been properly brought before the committee in accordance with the procedures stated above. Upon completion of it's hearing, the Committee has the authority to modify, uphold or overturn the disciplinary penalties or to issue new or different penalties as supported by the evidence and circumstances of the case.
    10. All members of the Committee on Student Conduct are cautioned of the confidentiality of the Committee's entire function and are admonished not to discuss any case with any person, other than authorized individuals.

  6. Duties of the Chair of the Committee on Student Conduct

    The Chair or Co-Chair of the committee shall, normally within ten (10) working days after the receipt of a request for hearing complete the following:

    1. Request the Judicial Officer to submit a written statement of his/her position to the Chair of the committee and the names of witnesses that he/she may call to testify.
    2. Notify all committee members of the student's request for a hearing. A copy of the student's request and the statement of the Judicial Officer's position shall be enclosed with the notice.
    3. Notify the committee, the Judicial Officer and the student of the place, date and time of the hearing. Generally, the hearing will be scheduled for the next scheduled hearing week following the request if practicable. Otherwise, the hearing will be scheduled within ten (10) working days of the Judicial Officer's decision, or as soon as practicable. The student shall be provided notice of the hearing at least three (3) working days prior to the date. Such notice shall include a brief explanation of procedure and request the names of witnesses the student will call to testify at the hearing. Procedures may be modified by the Chair, if it is in the best interests of the student or University to do so.
    4. Summon witnesses on behalf of the Committee on Student Conduct the student and the Judicial Officer if such witnesses are requested and reasonably available. The student and Judicial Officer shall provide the Chair the e-mail or street address and a synopsis of the testimony of any witnesses they wish to be summonsed.
    5. Preside over the hearing before the Committee on Student Conduct and assure compliance with appropriate procedures. Hearing procedures may be modified by the Chair if in his/her judgment such modification is necessary to effectuate a fair and impartial hearing.
    6. Send a written statement to the student within a reasonable time, normally within five (5) working days after completion of the hearing, stating the findings of the Committee and disciplinary penalties, if any.

  7. Hearing Procedures for the Committee on Student Conduct

    The hearing procedures for the Committee on Student Conduct are established to promote effective and efficient administration of student fairness. The procedures may be modified by the Chair if in his/her judgment such modification is necessary to effectuate a fair and impartial hearing.

    1. Presence of the Public and Recording of Hearing - The hearing shall be closed to the public unless requested otherwise by the student in writing. If the student requests an open hearing, any student witness may have his/her testimony closed to the public. A tape recording or written summary of all hearings shall be made and retained as a part of the Committee's file. Students will be allowed access to review hearing materials upon written request.
    2. Hearing Composition and Quorum - A quorum of the Committee shall be present during the course of the hearing. A quorum shall consist of at least one faculty member, one administrative staff member and one student appointee, plus the permanent Chair or alternate Chair.
    3. Presence of Student - The student requesting the hearing is expected to attend in person. Committee on Student Conduct may consider the matter with available information and impose misconduct penalties, if any, in the student's absence.
    4. Opening of Hearing and Objection to Members - The Chair will open the hearing by introducing the committee members and asking each party if there is an objection to a member. Lack of impartiality or the employment/student status of the member is the only basis for an objection. The objection, if any, shall provide a factual basis for the request that a member should not serve. The Chair will decide whether to remove the member based on the objection. In such case, a replacement will be chosen by the Chair if a quorum is not otherwise present to hear the case.
    5. Rights of Student and Presence of Attorneys and Witnesses - The Chair will then advise the student of the Committee's procedures and his/her right to make a statement, call and question witnesses, introduce evidence, make a brief closing statement, and have one advisor, of his/her own choosing, present. The advisor can be a member of the University's faculty/staff, a parent, an attorney, or other individual. However, only the student may speak and ask questions on his/her own behalf. If the student has an attorney present as an advisor, the Judicial Officer may bring an attorney from the General Counsel's office for the same purpose. The Committee may seek the advice of the University's attorney at any time. Witnesses shall be present in the hearing only during their testimony. Upon conclusion of their testimony, witnesses shall be informed that the proceeding is confidential and may not be discussed.
    6. Review of Allegations - The Chair shall review, in the presence of the student and the Judicial Officer, the allegations against the student for the matter under review.
    7. Rules of Evidence, Standard of Proof and Burden of Proof - Legal rules of evidence do not apply to hearings before the Committee on Student Conduct. The standard review is by a preponderance or greater weight of the credible evidence. The Judicial Officer has the burden of proving that a violation occurred.
    8. Judicial Officer Presentation of Case - The Chair shall then call upon the Judicial Officer for a formal statement and questioning by members of the Committee and the student. The Chair shall then ask the Judicial Officer if he/she cares to call witnesses; student and committee members shall have the right to question witnesses called by the Judicial Officer. The Judicial Officer shall have a maximum of 45 minutes in which to complete the formal statement and introduce evidence.
    9. Student Presentation of Case - The Chair shall then call upon the student for a formal statement and questioning by Committee members and the Judicial Officer. Also during this time, the student may call witnesses, if he/she so chooses and introduce other evidence. The Judicial Officer and Committee members shall have the right to question witnesses called by the student. The student shall have a maximum of 45 minutes to complete the formal statement and introduce evidence.
    10. Committee's Right to Call Witnesses and Stop Proceedings - The committee may call additional witnesses it believes, in its sole discretion, are necessary and essential to effectuate fairness. The Committee may temporarily stop the hearing to call additional witnesses.
    11. Close of Evidence, Reopening Case and Closing Statements - After hearing all formal statements, witnesses, and introduction of all evidence, the Chair shall ask for a concluding statement, first from the student and then from the Judicial Officer, if they desire to make one. No further questions shall be asked during the closing statements, unless the Committee determines the information solicited by the question is necessary to effectuate fairness. The Committee in its sole discretion may reopen the proceeding for the limited purpose of addressing any new issue raised by as a result of the information provided.
    12. Use of Prior Discipline Records - Previous discipline records of the student may be used only to establish violation of a policy or to rebut evidence introduced by the student in any hearing to determine whether a policy violation has occurred. If the Committee finds a student in violation, the previous disciplinary record, if any, may then be introduced to be considered in assessing penalties.
    13. Deliberations and Voting - Following the concluding statements, if offered, the Chair shall request that everyone other than him/herself and the Committee leave the room. The Chair shall preside over deliberations and may vote in case of a tie. The Committee shall deliberate and voice opinions. A ballot shall be taken to decide whether the student has violated standards of acceptable conduct as governed by this Code. A majority vote will control.
    14. Committee Actions Upon Finding of Code Violation - Upon determining that the student has violated the Code, the Committee shall deliberate the misconduct penalties. The committee shall consider any penalties recommended by the Judicial Officer and may modify, uphold, or overturn such penalties. The committee shall not issue a penalty that is less than the applicable minimum penalty provided in the Code of Student Conduct. In these deliberations, but not before, the Committee shall request from the Judicial Officer a statement of prior disciplinary actions, if any, taken against the student. If such previous action exists, the student shall be present while the Judicial Officer gives his/her statement regarding prior disciplinary action and have the right to make a responding statement. Upon conclusion of any statements the hearing shall be closed for deliberation by the Committee. Only voting members shall be present during deliberation. The Committee shall deliberate on the appropriate penalty until a majority opinion has been obtained.
    15. Notification of Committee Decision on Penalties - When the Committee's deliberations are concluded, the student, the Judicial Officer, and their respective representatives, if any, shall be called back into the hearing and informed of the Committee's decision by the Chair. The Chair shall advise the student, the Judicial Officer, their advisors (if present) and the members that the information discussed in the hearing is confidential and may not be disclosed unless authorized by law.
    16. Retention of Hearing Record - Upon completion of the hearing the student's written request for review, the Judicial Officer's position, the Committee's written findings and decision, and the tape recording or written summary of the hearing, shall be made a part of the student's file in the Vice President for Student Development Office.