Student Handbook

The TAMIU community is committed to fostering a campus environment that is conducive to academic inquiry, a productive campus life and thoughtful study and disclosure. The student conduct program is committed to an educational and developmental process that balances the interests of individual students with the interests of the University community.

At TAMIU, student members of the community are expected to uphold and abide by certain standards of conduct that form the basis of the Student Code of Conduct. These standards are embodied within a set of core values that include respect, integrity, service and excellence.

Students charged with misconduct are entitled to a fundamentally fair process, including notice and a reasonable opportunity to respond to the charges before charges are adjudicated. Conduct determinations will be based upon a preponderance of the evidence standard; that it is more likely than not that a violation occurred.  Sanctions are intended to be proportionate to the severity of the violation and to the cumulative conduct history of the student. The student conduct process is not a criminal civil legal proceeding.

Students at the University are provided a copy of the Student Handbook annually in the form of a link on the University website and/or Uconnect. Students are responsible for having read and abide by the provisions of the Student Code of Conduct.

The following definitions will be used throughout the handbook, unless otherwise defined herein.

1. “ Administrative Hearing” means a process which provides an opportunity for an accused student to respond to specific charges.  The purpose of an Administrative Hearing is to determine whether there is a preponderance of evidence to support the charges and if so, to determine the appropriate sanction or sanctions. Only information presented during the Administrative Hearing can be used to determine if there is a finding of responsibility.
2. “ Appeal Panel” means University officials authorized by the Vice President for Student Engagement or a designee to conduct appeal reviews.
3.   “Acceptance of responsibility” means the charged student agrees that the conduct constitutes a violation of the Student Code of Conduct, as outlined in the student conduct notice, waives right to appeal, and accepts outcomes/sanctions imposed.
4.   “Aggravating factors” means a fact or circumstance accompanying the commission of misconduct that may be relevant to adjudication. Examples include the use of violence or force, violation of a trust or duty, premeditation, and a previous conduct violation.
5. “ Chairperson” means Student Conduct Administrator who is authorized by the Vice President for Student Engagement or their designee, to take the lead role in conducting Administrative Hearing(s) and/or appeals when there is more than one Student Conduct Administrator present.
6. “ Charge” means an allegation of a potential violation of the Student Code of Conduct. Charges are issued after a Student Conduct Administrator has determined sufficient information exists to hold a conference.
7. “ Complainant” or “ Reporter” means any person who submits information indicating that a student may have violated the Student Code of Conduct.  Information brought forth by the complainant may result in an investigation.
8. “ Complaint” means a written petition made by a complainant that seeks to have specific behavior(s) cease.
9. “ Conference” means a process which provides an opportunity for an accused student to respond to specific charges.
10. “ Consent” means clear, voluntary and ongoing agreement to engage in a specific act. Also refer to definition of “Consent” in System Regulation 08.01.01, Civil Rights Compliance .
11. “Discrimination” means a materially adverse action or actions that intentionally or unintentionally excludes one from full participation in, denies the benefits of, or affects the terms and condition of employment or access to educational or institutional programs because of an individual’s race, color, sex, religion, national origin, age, disability, genetic information, veteran status, sexual orientation, gender identity, or any other classification protected by federal, state, or local law. Discrimination includes harassment (based on both hostile environment and quid pro quo) and retaliation based on a legally protected category.
12. “ Faculty member” means any person hired by the University to conduct classroom, teaching, or research activities or who is otherwise considered by the University to be a member of its faculty. (Refer to the Faculty Handbook)
13. “ Honor Council” means the hearing body responsible for administering academic violation cases involving students.
14. “ Incapacitation” means the physical and/or mental inability to make informed, rational judgments. States of  incapacitation include, but are not limited to, sleep, unconsciousness, and brownouts and blackouts (where an individual is awake but is not forming memories). Where alcohol or other drugs are involved,  incapacitationis defined with respect to how the substance consumed impacts a person’s decision-making capacity, awareness of consequences, and ability to make fully informed judgments.
15. “ Investigation” means the process to obtain and review facts relevant to one or more conduct charges. Investigations may result in charge(s), a form of alternative dispute resolution, or dismissal of complaint.
16. “Investigative authority” means one or more trained individuals appointed to conduct a formal investigation to discover and examine the facts of an allegation and conclude if, based on the preponderance of the evidence, the allegation is substantiated, unsubstantiated, or if there is insufficient information. In grievances involving allegation of sex-based behaviors, the investigative authority will be limited to only reporting the evidence collected during the investigation, as well as issuing appropriate determination surrounding credibility of witnesses and evidence.
17. “ Institution” or “ University” means TAMIU.
18. “ Member of the University community” includes any person who is a student, faculty member, staff, University official or any other person employed by the University.
19. “Mitigating factors” means facts or circumstances that may be relevant to the adjudication or sanctioning of a student conduct case. These factors do not constitute a justification or excuse for the offense in questions.
20. “ Not in good disciplinary standing” means a student who is subject to the following restrictions: ineligibility to hold an office in any student organization recognized by the University or to hold any elected or appointed position within the University; ineligibility to compete in intercollegiate athletic activity; ineligibility to represent the University in any capacity, including representing the University at any official function; and, ineligibility to receive a University-administered scholarship or fellowship when the sanction is in place for longer than one semester.
21. “ Organization” means any number of people who meet one or more of the following criteria:
    1. Belong to a group whose members are primarily TAMIU students including but not limited to academic, athletic, recreational, religious, performance, political, and social or similar groups, and/or,
    2. Have complied with the formal requirements for University recognition, and/or
    3. Are advised by a University official whose position description designates them as an advisor, and/or
    4. Are advised by a University official who has volunteered as an advisor, and/or
    5. Are otherwise considered by the University to be an organization.
22. “Peace officer” means a person authorized by state or federal law to enforce the law.  University police are peace officers who may also assist in the enforcement of System policies and regulations and University rules and procedures.
23. “Possession” means on your person or within your custody, control or care, with or without rights of ownership.
24. “Respondent” means any student charged with a violation of the Student Code of Conduct.
25. “Sanction” or “ Outcome” includes responses or requirements given by the University to a student during an administrative hearing in response to a violation of the Student Code of Conduct.
26. “Staff” means any nonfaculty employee of the University
27. “ Student Conduct Administrator” means a University official authorized by the Vice President for Student Engagement (or their designee) to collect information, to initiate charge letters, present charges in conferences, present information to support charges, to conduct administrative hearings, and to impose sanctions for violations of the Student Code of Conduct.
28. “ Student” includes all persons who have accepted their offer of admission, and/or who are taking courses at the  University, either full-time or part-time, pursuing undergraduate, graduate, or professional studies and who are either currently enrolled or were enrolled the previous semester and registered for a future semester. Persons who withdraw after allegedly violating the Student Conduct Code, or who are not officially enrolled for a particular term but who have a continuing relationship with the  University are considered  students. In addition, persons who are living in University residence halls and apartments, although not enrolled in this  institution, are also considered “ students”, for the purpose of enforcing this code.
29.  “University-affiliated activity” means any activity on or off campus that is initiated, aided, funded, authorized or supervised by the University or by a recognized student organization of the University.
30. “University official” or “school official” means any faculty or staff member and other authorized individual(s) of the University.
31. “University premises” means buildings or grounds owned, leased, operated, controlled or supervised by the University (including adjacent streets and sidewalks).
32. “University business day” is defined as a day in which the university is in full operation, excluding Saturday and Sunday.
33. “ Vice President for Student Engagement” is that person designated by the University President to be responsible for the administration of the Student Code of Conduct.  The Vice President for Student Engagement may assign a designee to meet these responsibilities.
34.  “Violation” encompasses those prohibited behaviors contained in, but not limited to, the Student Handbook.  These violations should be read broadly and are not designed to define prohibited conduct in exhausted terms.
35. “Witness” means any individual who may have information relating to a complaint.

The President vests the Vice President for Student Engagement with the authority over student conduct. The Vice President for Student Engagement has designated the Director of SCCE to serve as the Chief Student Conduct Administrator and to administer the code.

Decisions made by a Student Conduct Administrator shall not be final until the appeal processes have been exhausted or waived.

The Student Code of Conduct shall apply to conduct that occurs on or off University premises and/or at University-sponsored activities, which may affect the University community and/or the pursuit of its objectives (mission).  This action may be taken for either affiliated or nonaffiliated activities.

RESPECT – TAMIU students recognize that respecting individuals, their points of view and their diverse backgrounds is essential for creating and sustaining a flourishing community. They understand and appreciate how their decisions and actions impact others and are just and equitable in their treatment of all members of the community. They act to discourage and challenge those whose actions may be harmful to and/or diminish the worth of others.

INTEGRITY – TAMIU students model ethical standards of personal and professional behavior.

SERVICE – TAMIU students serve the University, regional, national, and international communities.

EXCELLENCE – TAMIU students strive for the highest quality in all endeavors.

The conduct described below is considered inappropriate for the community and in opposition to the standards of conduct set forth by the University. The list below is not exhaustive.

Abuse of Student Conduct Process.  Abuse of the student conduct, disciplinary and/or legal processes including, but not limited to, investigations, conferences, and appeals. Prohibited behavior includes, but is not limited to:

• Failure to obey the notice from a Student Conduct Panel, Student Conduct Administrator, and/or University official to appear for a meeting or conference as part of an official University disciplinary process.
• Falsification, distortion, or misrepresentation of information.
• Disruption or interference with the orderly conduct of an investigation, conference, or an appeal process.
• Intentionally initiating false reports.
• Attempting to discourage an individual’s proper participation in, or use of, a student conduct, disciplinary, or legal process.
• Attempting to influence the impartiality of a member of a Student Conduct Panel prior to, and/or during the course of, the Student Conduct Panel.
• Verbal or physical intimidation, and/or retaliation of any party to the Student Conduct proceeding prior to, during, and/or afterwards.
• Committing a violation of University rules while serving a conduct probation, conduct review, or deferred suspension status or failing to meet deadlines imposed in accordance with University.
• Failure to abide by the terms of University administered sanctions.
• Influencing or attempting to influence another person to commit an abuse of the Student Conduct Code system.

Academic Violation. Academic violation is any action intended to give an unfair academic advantage to the student. Refer to Article 7 and 10.

Alcohol. Alcohol use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly authorized by University regulations), is prohibited on Texas A&M University premises and University sponsored events.  In addition, use, possession, or distribution of alcohol beverages while driving or riding in or on a vehicle on University premises is prohibited.  Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one (21) years of age. Individuals may not be in a state of public intoxication or drunkenness. Individuals may not operate a motor vehicle or another form of transportation while intoxicated or while under the influence of alcohol.

Animal Cruelty. Intentionally, knowingly, or recklessly torturing or in a cruel manner killing or causing serious bodily injury to an animal, failing to provide necessary food, water or care for an animal in the person’s custody, abandoning unreasonably an animal in the person’s custody, transporting or confining an animal in a cruel manner, causing bodily injury to any animal without the owner’s consent, causing one animal to fight with another animal, or seriously overworking an animal. Intentionally, knowingly, or recklessly attacking, injuring or killing an assistance animal or inciting another to attack, injure or kill an assistance animal.

This policy is not intended to prohibit:

• Killing or injuring an animal within the scope of a person’s employment or furthering the goals of legitimate educational curriculum as designed and approved by the University.
• Killing or injuring an animal when the actor had a reasonable fear of bodily injury to self or another person by that animal.

Bias-Related Violations. Student Conduct that are motivated by prejudice toward a person or group because of factors such as race, religion, ethnicity, disability, national origin, age, gender or sexual orientation may be assessed an enhanced sanction as prescribed in article 11 of this publication.

Breaching Safety or Security. This includes but is not limited to: Unauthorized access to University facilities; unauthorized entry into or use of University premises; intentionally damaging door locks; unauthorized possession of University keys or access cards; duplicating University keys or access cards; propping open of exterior residence hall or other campus building doors; tampering with fire safety equipment such as fire extinguishers, smoke detectors, alarm pull stations, gas detectors, or emergency exits; and/or unauthorized entry into another person’s or entity’s residence, vehicle, or business.

Bullying and Cyber-bullying. Conduct that threatens, intimidates or is intended to intimidate, or cause harm to another person. This includes the use of electronic/social media.

Complicity. Attempting, aiding, abetting, conspiring, hiring or being an accessory to any act prohibited by this code shall be considered to the same extent as completed violations.

Damage. Behavior that destroys, damages, or litters any property of the University, of a University community member, of another institution, or of another person, on or off campus is prohibited under this rule.

Dishonesty.  Acts of dishonesty, including but not limited to the following: Forgery, unauthorized alteration or misuse of any document, record or instrument of identification. Also includes withholding material information from the University, misrepresenting the truth before a hearing of the University and making false statements to any University official.

Disorderly Conduct. Public behavior that is disruptive, lewd, or indecent; breach of peace; or aiding, or procuring another person to breach the peace at functions sponsored by the University or participated in by members of the University community.

Disruptive Activity. Disruption or obstruction of teaching, research, administration, or other University activities (including public-service functions on or off campus) or of other authorized non-University activities when conduct occurs on University premises. Such activities may include, but are not limited to:

• Leading or inciting others to disrupt scheduled and/or normal activities on University premises.
• Classroom behavior that seriously interferes with either (a) the faculty member’s ability to conduct the class or (b) the ability of other students to profit from the instructional program.
• Any behavior in class or out of class, which for any reason interferes with the class work of others, involves disorder, or otherwise disrupts the regular and essential operation of the University.
• Activity or conduct that violates the Texas A&M International University Rules on Freedom of Expression.

Drugs. The act of using, possessing, being under the influence of, manufacturing, or distributing illegal drugs or illegally obtained/possessed controlled substances is prohibited. Abusing legally obtained drugs by failing to take the drug as directed. Except as expressly permitted by law, use, possession, manufacturing, or distribution or being a party thereto of marijuana, heroin, narcotics, or other controlled and/or prescribed substances and/or drug paraphernalia and/or dangerous drug is also prohibited. Individuals may not operate a motor vehicle or another form of transportation while under the influence of drugs or while intoxicated.

Evading. Intentionally fleeing from a University official or law enforcement officer when the person knows or reasonably should have known the University official or law enforcement officer is attempting to confront, arrest, or detain.

Failure to Comply. Failure to comply with proper and lawful direction of any University official or law enforcement officer.

Failure to Present Identification. Failure to provide identification upon the request of a University official.

False Reporting. Intentionally making or causing to be made a false report, warning, threat of fire, explosion or other emergency concerning the University and University-sponsored activities.

Harassment. Behavior that is severe, pervasive, or persistent to a degree that a reasonable person similarly situated would be prevented from accessing an educational opportunity or benefit. This behavior includes, but is not limited to, verbal abuse, threats, intimidation, and coercion. In addition, harassment may be conducted by a variety of mediums, including but not limited to, physical, verbal, graphic, written, or electronic.

Hazing.  Any act that endangers the mental or physical health or safety of a student, or that destroys or removes public or private property; and/or assisting, directing, or in any way causing others to participate in degrading behavior and/or behavior that causes ridicule, humiliation, or embarrassment; and/or engaging in conduct which tends to bring the reputation of the organization, group, or University into disrepute for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization; or as part of any activity of a recognized student organization, student group, or special groups. Previously relied upon “traditions,” (including fraternity/sorority, or any other group or organization activity, practice or tradition) intent of such acts, or coercion by current or former student leaders of such groups, or former students will not suffice as a justifiable reason for participation in such acts. It is not a defense that the person (or group) against whom the hazing was directed consented to, or acquiesced to, the behavior in question. Refer to Sect. 3.17 Hazing for examples.

Hazing is also a violation of Texas State Law (See the Texas Education Code – EDUC 37.152. Personal Hazing Offenses).

Misuse of Computing Resources.  Failure to comply with University regulations and policies, license agreements, and contracts governing network, software and hardware use; abuse of communal resources, use of computer resources for unauthorized commercial purposes or personal gain; failure to protect password or use of student account; breach of computer security, harmful access or invasion of privacy. Misuse and/or other abuse of computer facilities and resources including, but not limited to:

1. Use of another individual’s identification and/or password.
2. Use of computing facilities and resources to send obscene or threatening message.
3. Use of computing facilities and resources in violation of copyright laws.

Off-Campus Conduct. When a student is alleged to have violated the Student Code of Conduct by an offense committed off of University premises, the University may investigate and adjudicate. The University may take action in situations occurring off University premises involving student conduct that may cause harm to another, result in damage to property, or otherwise adversely affect the University community and its standing in the community. This action may be taken for either affiliated or nonaffiliated activities. If the Vice President for Student Engagement determines that the offense affects the University as stated above, then the SCCE Office shall hold an administrative hearing to consider whether the offense is of such nature as set out above, whether or not the student committed the offense, and take appropriate action. The action of the University administrative hearing officer shall be made independent of any off-campus authority.

Physical Abuse.  Any attempt to cause injury or inflict pain; or causing injury or inflicting pain. Also causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. It is not a defense that the person, group, or organization against whom the physical abuse was directed consented to, or acquiesced to, the physical abuse.

The physical abuse rule is not intended to prohibit the following conduct:

• Customary public athletic events, contests, or competitions that are sponsored by the University or the organized and supervised practices associated with such events; or
• Any activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate extracurricular program or a legitimate military training program as defined and approved by the University.

Reckless Driving. Driving in a manner that recklessly endangers the health and/or safety of oneself or others.

Retaliation. Any adverse action taken against a person for making a good faith report of a violation of Texas A&M System policies, University rules, student rules, and/or the law, or for participating in any proceeding related to the investigation or resolution of such report. Retaliation includes threatening, intimidating, harassing, coercing or any other conduct that would discourage a reasonable person from engaging in activity protected under this policy. Retaliation may be present even where there is a decision of “unsubstantiated,” “insufficient information to substantiate,” “not responsible,” and/or “not guilty” on the allegations. Retaliation does not include good faith actions lawfully pursued in response to a report. Violation of an interim, remedial, or protective measure will be considered retaliation.

Sexual Contact.  Attempting or making sexual contact, including but not limited to, inappropriate touching without the person’s consent (see “consent” definitions), or in circumstances where the person is physically, mentally or legally unable to give consent when the behavior is not so severe, pervasive, or persistent to create a work, educational, or campus living environment that a reasonable person would consider intimidating, abusive, or offensive or sexual exploitation as defined in Texas A&M University System Regulation 08.01.01. (For sex-based behaviors that are sever, persistent, or pervasive to create a work, education, or campus living environment that a reasonable person would consider intimidating, abusive, or offensive; sexual exploitation; sexual assault; or sexual harassment; please see System Texas A&M University System Regulation 08.01.01 and University Rule 08.01.01.L1).

Theft. Unauthorized removal or stealing and/or attempted removal or stealing of property of a member of the University community or other personal or public property, on or off campus. This includes knowingly possessing such stolen property. This also includes theft of services and/or misuse of another’s property including, but not limited to, unauthorized use of another’s property, unauthorized selling of subsidized tickets, and use of a forged parking permit.

Traffic Obstruction. Obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University-sponsored or supervised activities. 

Unauthorized Recording. Any unauthorized use of electronic or other devices to make an audio, video, still frame or photographic record of any persons without their prior knowledge, or without their effective consent when the person or persons being recorded have a reasonable expectation of privacy and/or such recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom or recording administrative meetings with University officials. If a recording is made that captures a violation of the Student Rules or law, the Student Conduct Administrator may elect not to enforce this section of the Student Rules against the student making the recording.

Unauthorized Representation. Unauthorized representation of the University or any recognized entity of the University.

Violation of Law. Any act that violates federal, state, or local laws is a violation of this Code.

Violation of National Collegiate Athletic Association (NCAA) Regulations. Violations of any NCAA regulations.

Violation of Published University or System Rules. Violation of any University or System policy, rule, or regulation, including, but not limited to University Housing contracts and rules, University motor vehicle rules, rules relating to the use of student identification cards, entry, smoke and tobacco-free campus rule, and use of University facilities and dining hall conduct.

Violations of Law and University Discipline.  The focus of inquiry in student conduct proceedings shall be the determination of whether a violation of University rules occurred. Student conduct proceedings shall be informal in nature and need not comply with the formal processes associated with the criminal and civil courts, nor shall deviations from prescribed process necessarily invalidate a decision or proceeding unless significant prejudice to the student or University may result.

Standards outlined by the University for students may be higher than those standards set for the general population. As each person is subject to multiple layers of expectations through the Federal, State, County and local governments, students are further expected to maintain a higher standard of behavior as members of the University community. Students failing to adhere to those standards may be subject to a University conduct process in addition to civil or criminal litigation should the behavior also be a potential violation of the law. The attempted analogy of student discipline to criminal proceedings against adults and juveniles is not sound.

Students may be charged with conduct that potentially violates both the criminal law and this Student Conduct Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of Vice President for Student Engagement or designee.

Determinations made or sanctions imposed under this Student Conduct Code shall not be subject to change because criminal charges were dismissed, reduced, or resolved in favor of or against the criminal law defendant.

When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of that individual’s status as a student. If the alleged offense is also being processed under the Student Conduct Code, the University may advise off-campus authorities of the existence of the Student Conduct Code and of how matters are typically handled within the University community. The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus.

Weapons and Explosives. Illegal or unauthorized use, possession, or storage of fireworks or explosives, other weapons, or dangerous chemicals on University premises or at any University-sponsored activity is prohibited. In addition, use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others is prohibited. The term weapon is defined as any object or substance designed or used to inflict a wound, to cause or threaten injury, or to incapacitate. Weapons may include, but are not limited to, all firearms, pellet guns, tasers, stun guns, slingshots, martial arts devices, switchblade knives and clubs.