Student Handbook

Any member of the University community has the right to file a report against a student that is in violation of the Student Code of Conduct. Incident report should be filed in writing within 15 University business days of the discovery of the alleged infraction of the Student Code of Conduct to the Office of Student Conduct and Community Engagement via reporting system (http://www.tamiu.edu/reportit). The timelines for the conduct process may be extended for good cause shown or at the discretion of the Office of Student Conduct and Community Engagement.

The purpose of the University disciplinary system is educationally based and is to decide if the student has misused or abused freedoms, violated System or University policies, rules, regulations or procedures, failed to accept responsibility for their actions; to communicate alleged misconduct, permit the student(s) to respond; determine appropriate action by the University; and assist the student(s) to develop a constructive response exhibiting self-discipline.

A University hearing is a function of the educational process. It is NOT an adversarial proceeding or trial in a court of law.

The level of proof required at TAMIU in University disciplinary cases is a preponderance of the evidence.  This means sufficient evidence to show that the facts are more likely to be true than not true.

The survivor or victim of an alleged act of misconduct may be unwilling to serve as the complainant. In such circumstances, if the Vice President of Student Engagement (or their designee) determine there is good cause for charges to be brought against the respondent(s) in the interest of the University community, the Vice President of Student Engagement (or their designee) may proceed with complaint. In cases involving Civil Rights grievances, the Director of Title IX and Civil Rights Compliance will make the determination.

The health and safety of our students are of primary concern at TAMIU. TAMIU is committed to ensuring that students obtain timely medical assistance for themselves and fellow Dustdevils in the case of medical emergencies.

The Division of Student Engagement recognizes that the potential for disciplinary action by the University may discourage students from seeking medical assistance for themselves or others in a time when medical attention is needed. TAMIU’s Amnesty assists individuals whose judgment or health is affected due to the consumption of alcohol or controlled substances by removing impediments to seeking medical assistance. Students are encouraged to contact the University Police Department, medical emergency professionals, or other University officials when medical assistance is needed.

In matters of sexual misconduct, concerns regarding alcohol and/or other drug violations should not prevent reporting an incident. TAMIU will “not take any disciplinary action against a student enrolled at the institution who in good faith reports to the institution being the victim of, or a witness to, an incident of sexual harassment, sexual assault, dating violence, or stalking [as defined in System Regulation 08.01.01, Civil Rights Compliance], for a violation by the student of the institution’s code of conduct occurring at or near the time of the incident, regardless of the location at which the incident occurred or the outcome of the institution’s disciplinary process regarding the incident, if any.” (Texas Education Code Sec. 51.284). To learn more about amnesty, please read Appendix D.

No Contact Directive (NCD) are issued by the University prohibiting contact or communication between or among designated students.  No Contact Directive are issued when, in the judgment of a Student Conduct Administrator, Director of Title IX and Civil Rights Compliance, or Administrative Hearing Panel, there is reason to believe that an order would be in the best interest of all parties and the community for promoting peace, civility or maintaining the integrity of an investigation.  The NCD does not imply any judgment regarding the factual nature of the incident. NCD's do not become part of a student's conduct record unless they violate the order as determined by the student conduct system or NCD is imposed as a sanction.  NCD's prohibit all forms of communication between designated students, direct or indirect, written, electronic or through a third party.  The Student Conduct Administrator, Director of Title IX and Civil Rights Compliance, or Administrative Hearing Panel determines the duration of an NCD.  Students may request that an NCD be lifted after a sustained period of compliance.

No Contact Directive are not court imposed restraining orders and do not guarantee that designated parties will avoid sightings or passing interactions on the campus or local community. In some circumstances, no contact directive may restrict students from parts of the campus not necessary for required academic activities. 

Students who are concerned about personal safety should contact the Campus Safety Department 956.326.2100 at University Police Department building or local police.

Students who have questions about NCD’s may speak with the Student Conduct Administrator during business hours at 956.326.2265 or visit Student Center 226.

Students are responsible for communicating the following guidelines to their advisors:

1. Each student has the opportunity to select an advisor at their discretion and at their own expense.
2. Attorneys, counselors and advisors may attend as advisors, but they are not permitted to speak on behalf of the student at a University student conduct proceeding. A request that an advisor be present must be made in writing a minimum of three University business days before the scheduled student conduct proceedings.
3. Students who are charged in the same fact pattern, or who are not in good disciplinary standing with the University are not eligible to serve as an advisor at student conduct proceedings.
4. Each student is responsible for presenting their own information. Therefore, a student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the conference.  Student conduct proceedings will not be delayed due to scheduling conflicts of an advisor.

Students should be aware that the role of an advisor is substantially different for matters related to sex-based discrimination, including matters of sexual violence, sexual misconduct, harassment, stalking, or dating violence.

For grievances involving student conduct disciplinary procedures that constitute sex-based discrimination, including matters of sexual violence, sexual misconduct, harassment, dating violence, domestic violence, and stalking, refer to Section 3.24 above.