Student Handbook

TAMIU views class attendance as a student’s individual responsibility. Students are expected to attend class and to complete all assignments. Faculty members are expected to give adequate notice of the dates on which major tests will be given and assignments will be due. Graduate students are expected to attend all examinations required by departments or advisory committees as scheduled formally.

1. Among the reasons absences are considered excused by the University are the following:
   1. Participation in University-sponsored activity at the request of University authorities.
   2. Death or major illness to the student or student’s immediate family.
   3. Illness of a dependent family member.
   4. Participation in legal proceedings or administrative procedures that require a student’s presence.
   5. Religious Holy days/Days of obligation.
   6. A pregnant/parenting student must be granted a leave of absence (LOA) for as long as the student’s physician deems the absence medically necessary.
   7. Illness/Injury that is too severe or contagious for the student to attend class.
   8. Required participation in military assignment and duties.
   9. Mandatory admission interviews for professional or graduate school, which cannot be rescheduled.
2. The student is responsible for providing satisfactory evidence (i.e., physician note, medical release, etc.) to the faculty member or as required by the college within seven (7) calendar days of their absence and return to class, to substantiate the reason for absence. If the absence is excused, the faculty member must either provide the student with the opportunity to make up the exam or other work missed or provide a satisfactory alternative to complete the exam or other work missed within thirty (30) calendar days from the date of absence.
3. Students who miss class due to a University-sponsored activity are responsible for identifying their absences to their faculty member(s) with as much advance notice as possible. They are responsible for all work assigned during their absence. Whenever possible, they should complete the work either before the absence or immediately afterward.
4. If an off-campus licensed physician provides evidence of a student’s illness, the written excuse, orders or documentation must contain the date and time of the doctor’s appointment, the prognosis of illness, doctor’s opinion and recommendations for the individual student. In addition, the notice should outline whether or not the student is able to attend class. If a physician determines that the student is not ill, the student will not receive an excused absence. If absence is not an excused absence, the faculty member will decide whether makeup work will be allowed.
5. In some courses, attendance and in-class participation are ongoing requirements and an integral part of the work of the course. In other courses, occasional in-class assessments may occur, sometimes without advance notice. It is the responsibility of the faculty member to inform each class at the beginning of the semester of the in-class participation expected and the effect absences will have on the student’s evaluation of work in the course.
6. Authorized absences are allowed for official University-sponsored activities that are:
   1. Required due to mandatory participation in a University-sponsored activity.
   2. Required for an official class.

OFFICE OF RESPONSIBILITY:
Office of the Provost
Revised: April 2018
Approved by Provost: May 2018

The Student Leave of Absence (LOA) Rule assists and encourages students to return and graduate after an absence of two or more consecutive long semesters from TAMIU. Absences during summer sessions are excluded, as continuous enrollment is not affected. Eligible students are encouraged to take advantage of the benefits provided by a LOA, e.g., no need to apply for readmission to the University and may participate in their regularly scheduled registration/enrollment period upon return. Please note that re-admission to a college program may be required. 

Eligibility Requirements

To be eligible for a LOA, a student must be eligible to register for classes and meet the following criteria:

1. Be a degree-seeking student.
2. Be registered during the semester immediately prior to the beginning of the LOA:
   1. A student who was admitted as a new first-time freshman, transfer student, or graduate student, but did not attend will not be eligible for a LOA. Instead, the student should contact the Office of Admissions. Graduate students should contact the Graduate School.
   2. A student who was readmitted but did not attend will not be eligible for a LOA. Instead, the student should contact the Office of Admissions. Graduate students should contact the Graduate School.
3. Be in good academic standing or on academic probation with their college.
4. Have no holds (e.g., disciplinary, business, testing, etc.), which would restrict registration. Note: Students with Business Office holds may be given consideration for a LOA if authorized by the Bursar’s Office.
5. Have submitted any outstanding high school and/or transfer transcripts if prior admission/readmission and continued enrollment was contingent upon receipt of those transcripts.

Leave of Absence for Graduate Students

Students should also be aware that they are required to maintain continuous registration during the fall and spring semesters, including registration for thesis, until all requirements for graduation have been met.  Interruptions or delays in the course of study which have not been approved in advance by the student’s advisory committee chair will interfere with the degree time limits and may result in students having to re-take courses and/or apply for re-admission to the program.

Leave of Absence Policy for Graduate Students

You must be in good standing (i.e., financial obligations met, no disciplinary action, good academic standing). Requests for Leave of Absence must be submitted to the Dean of Graduate School before the second week of the first semester of absence. The maximum Leave of Absence is two semesters.  Any Leave of Absence beyond two semesters must be adequately justified and approved by the Dean of the Graduate School. The maximum number of Leave of Absence requests is two. You must inform the Dean of the Graduate School when you return from your Leave of Absence Unapproved Leaves of Absence may result in the student being required to re-apply to their program.

Process for Obtaining a LOA

Student should do the following:

1. Review the rule and complete the Leave of Absence Request form promptly upon first knowledge that a LOA is needed. Form can be downloaded at http://www.tamiu.edu/gradschool/downloads.shtml.
2. Schedule appointment with department chair and college/school Dean for review and approval: College/school approval is required for an absence of two or more consecutive semesters to review the LOA application and the following issues:
   1. Impact on progress toward degree.
   2. Catalog year and status after LOA.
   3. Academic standing issues.
   4. Transfer policies, incomplete grades, agency requirements (e.g., state licensing/certification) and other academic issues, if applicable.
   5. Possible change of majors to a major within same college or in another college. Process for completing major change prior to LOA is reviewed.
3. Contact other offices, if applicable:
   1. Office of International Engagement – International students must receive mandatory advisement, including signature, from the Office of International Engagement to discuss the impact of the LOA to their immigration status. An international student on approved LOA must contact the Office of International Engagement prior to their return to TAMIU to clear visa status and request appropriate immigration documents.
   2. Office of Financial Aid – Students who have received financial aid should request information about loan counseling, program rules that require continuous enrollment, and satisfactory progress. Students who have received scholarships should request information about possible deferment policies.
   3. Office of Housing & Residence Life – Students living on campus must formally petition to be released from their Residential Life License Agreement. If future housing is needed, students must reapply for housing.
   4. Bursar’s Office – Students should review their online student account and pay all outstanding charges to avoid late charges and possible referral to an outside collection agency. Students requiring assistance with their accounts should visit or call the Bursar’s Office.  Students with Business Office holds must contact the Bursar’s Office in order to setup a formal payment plan.  Once a formal payment plan has been created, the Bursar’s Office will provide sign-off on the LOA which is then returned to the appropriate office for processing.
   5. Veterans Affairs – Students who receive veterans’ educational benefits and/or students leaving the University due to a military activation should contact the Veteran Affairs Office in the Office of the University Registrar for information and assistance.
   6. Graduate School-Graduate students should submit their leave of absence request to the Dean of Graduate School before the second week of the first semester of absence.
   7. Office of Compliance – Students who request LOA due to pregnancy and/or parenting status must visit the Office of Compliance to receive additional information.
4. Submit the Leave of Absence Request form:
   1. Once the required signatures have been obtained, the application is returned to the Office of the University Registrar. The student may return the form in person.
   2. The student follows the established procedures for withdrawing if registered for the current term and finds that completely withdrawing mid-semester is necessary, as well as the procedures for canceling any registration already submitted for any future term(s) during the requested LOA. NOTE: Students receiving financial aid must visit the Financial Aid Office for information on how withdrawal impacts their financial aid.
   3. Satisfactory evidence (i.e., physician note, medical release, etc.) must be submitted to the instructor or as required by the college.
   4. The student updates their mailing address on the student information system, if necessary.

Additional Conditions of LOA Requests

LOA Duration

A LOA may not be granted for more than two consecutive regular semesters. (A regular semester is defined as a fall or spring semester and excludes winter and summer sessions; for example, LOA is granted for fall and spring or spring through fall.)

If the student does not return at the agreed semester, the student would need to undergo formal readmission to TAMIU, to include submission of a new application and any necessary transcripts.

1. A student may request a LOA more than once; however, the cumulative total of such requests may not exceed two years.
2. A student may request an extension prior to the scheduled return of a regular semester. Approval consideration will be at the college’s discretion, based on the reason of the request.  For example, appropriate extensions may result from students leaving for active military duty or religious missions.
3. A student may return earlier than the original agreed return date but should provide notice as soon as possible, keeping in mind applicable deadlines, such as advising, registration, financial aid, etc.

Student Status during the LOA

A student granted a Leave of Absence retains their admitted student status.  However, the student is not registered and, therefore, does not have all the rights and privileges of a registered student and should be aware of the following consequences:

1. Office of Financial Aid – A student is not eligible for any financial aid disbursements during the semesters while on LOA. A student on a LOA will be reported to lenders and loan service agencies as “non-attending” and will need to contact their lenders for information on possible repayment requirements.
2. Enrollment verification requests – Enrollment verifications for other entities, such as parents’ health or auto insurance companies, will also be reported as “non-attending.”
3. Facilities Access:
   1. Library – A student on a LOA will have limited access to library resources. The student may access library resources, including use of electronic databases and journals, while physically present in any campus library.  No remote access to proprietary databases and electronic resources is available.  Normal borrowing privileges are not retained, but restricted privileges may be available for a fee.  A student interested in checking out TAMIU library material should contact any library circulation services.
   2. Student Health Services and Student Counseling and Disability Services – A student on a LOA for a particular semester is not registered for any credit hours and, therefore, not eligible to use Student Health Services.
   3. Computing resources – A student on a LOA will not have access to computing resources, including computing labs. Students will be able to maintain their TAMIU @dusty accounts.
   4. Recreational Sports – A student on a LOA will lose access to recreational sports.

Returning from a LOA

1. At the time of return, a student must continue to be eligible to register (i.e., have no enrollment restrictions, such as an account delinquency, disciplinary hold, or academic disqualification).
2. A student returning earlier than the original agreed return date should provide notice to the Office of the University Registrar as soon as possible, keeping in mind applicable deadlines, such as advising, registration, financial aid, etc.
3. A student must meet all financial aid requirements and deadlines for the academic year of their return.
4. The Office of the University Registrar will identify concerns, if any, arising during the student’s LOA, which may make the student ineligible for registration and work with the school/college to resolve them, if possible.

Contact Information:
Return to: Office of the University Registrar
Senator Judith Zaffirini Student Success Center, 121
Laredo, TX 78041-1900
956.326.2250

OFFICE OF RESPONSIBILITY:
Division for Enrollment Management
Office of the Provost
Revised and approved: April 2018

General Student Complaint Procedure

The General Student Complaint Procedure is to be used by students who wish to express dissatisfaction with a university procedure, program, service, staff member, student or third-party contractor under the supervision or authority of the university. This procedure is to be used by students when the issue at hand is not governed by the other procedures listed above.

Informal Process

In most instances, complaints can be resolved through an informal process. TAMIU students are encouraged whenever possible to attempt to resolve a problem by discussing it with the other person, or the supervisor of the department, program, service, or staff member with whom they are having the problem. Requesting an appointment with them to discuss the matter in a calm and professional manner is always the first step to trying to resolve a dispute. Students are encouraged to:

• Hold an informal meeting to explain their concern, provide any evidence or information relating to the concern, and discuss the impact these concerns are having on them.
• Explore how issues can be addressed and what they are seeking in terms of a resolution.
• If applicable, agree on follow up actions to ensure the concern does not occur again.

If no resolution is reached, a student may proceed with the formal process outlined below.

Formal Process

If the issue is unresolved after following the informal process, the student may initiate the formal process by submitting a Student Complaint Form found in the TAMIU Report It website.

Formal written complaints are received by the Office of Student Conduct and Community Engagement (SCCE).  Upon receipt, SCCE will forward the complaint to the appropriate department supervisor within 5 business days. The receiving supervisor has 10 business days to contact the student and reach a resolution. The resolution must be communicated to the student in writing no later than the 10^th day.

Resolutions and supporting documentation must be forwarded to the SCCE for record keeping once the complaint process has ended.

All deadlines and time frames set forth in this policy may be extended for good cause with written notice to the parties.

The formal and appeals procedures for complaints against staff members (non-faculty) follow different timelines than those stated above. Details are listed below under the “Complaints Against Staff (Non-Faculty Members)” heading.

Appeals

If the complainant believes they have not received a reasonable and fair resolution from the supervisor, the complainant may file an appeal with the Vice President responsible for the supervisor’s division. All appeals must be submitted in writing within 5 business days of receiving the original decision and must include the following information:

• A description of the decision being appealed
• The basis for challenging the decision:
  • a procedural irregularity that affected the outcome;
  • new evidence, not reasonably available at the time the determination that could affect the outcome; and/or
  • the decision-maker had a conflict of interest or bias for or against the complainant or respondent
• A description of the remedy being requested
• All relevant documentation in support of the appeal

The Vice President, or their designee, must notify the complainant of their decision in writing no later than 10 business days of receiving the appeal. The Vice President’s decision is final.

Resolutions and supporting documentation must be forwarded to the SCCE for record keeping once the complaint process has ended.

Complaints Against a Student

Complaints against students will follow the General Student Complaint Procedure unless the complaint is alleging the student has violated the Student Code of Conduct. Code of Conduct violations will be adjudicated in accordance with Student Conduct Disciplinary Procedures found in the Student Handbook.

Complaints Against Faculty

Complaints against faculty must follow the procedures found under the “Disputes over Academic Matters” heading in the Student Handbook.

Complaints Against Staff (Non-Faculty Members)

Complaints against staff members should be submitted to the Human Resources Office. The Office of Human Resources will follow the complaint procedures and timelines stipulated in System Regulation 32.01.02 and TAMIU Rule 32.01.02.L1. Complaints against staff members alleging illegal discrimination, sexual harassment, and/or related retaliation must be filed in accordance with System Regulation 08.01.01, Civil Rights Compliance. 

Exceptions

TAMIU reserves the right to make exceptions to the process outlined in this procedure when the SCCE determines it is in the best interest of the university, necessary for the safety or welfare of the TAMIU community, or to comply with the university’s legal obligations.

OFFICES OF RESPONSIBILITY:
Division of Student Engagement
First Approved: Fall 2010
Next Scheduled Review: Fall 2024
Updated: June 2024

Purpose

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

As such, the University recognizes that the potential for disciplinary action may discourage students from seeking medical assistance for themselves or others in a time when medical attention is needed. TAMIU’s Amnesty was developed with the intention to assist those 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.

Expectations

The implementation of Amnesty is for TAMIU to continue being an entity which is proactive about the health and safety of its students and to instill in all Dustdevils the moral responsibility to help people in need. At TAMIU, we expect that students will take a proactive role in protecting the safety and well-being of their peers and the University community.

Amnesty also serves as an educational experience that allows students the opportunity to learn from their decision-making and make healthier decisions in the future. It is the expectation that a student uses Amnesty minimally and as a learning experience. Therefore, after being granted amnesty once, the availability of amnesty to the student is at the discretion of the University.

Protocol

Amnesty is an approach to reducing the dangerous consequences caused by alcohol or controlled substance emergencies by increasing the likelihood that members of the TAMIU community will call for medical assistance. TAMIU administers Amnesty as follows:

1. Victims and Witnesses. TAMIU provides amnesty to victims and witnesses who may be hesitant to report to university officials because they fear that they themselves may be accused of minor rule violations, such as underage drinking, at the time of the incident. Educational options will be explored, but no student conduct proceedings or conduct record will result.
2. Those Who Offer Assistance. To encourage students to offer assistance to others, TAMIU applies amnesty for minor violations to students who offer assistance to others in need. At the discretion of the Director of Student Conduct and Community Engagement (SCCE) (or their designee) and on a case-by-case basis, amnesty may also be extended to the person receiving assistance. Educational options will be explored, but no student conduct proceedings or conduct record will result.
3. Those Who Report Serious Violations. Students who are engaged in minor violations but who choose to bring related serious violations by others to the attention of the University are extended amnesty for their minor violations. Educational options will be explored, but no student conduct proceedings or record will result. Abuse of amnesty requests can result in a decision by the Director of SCCE (or their designee) not to extend amnesty to the same person repeatedly.
4. Safe Harbor. TAMIU believes that students who have a drug and/or addiction problem deserve help. If any student brings their own use, addiction, or dependency to the attention of University officials outside the threat of drug tests or student conduct violations/sanctions and seeks assistance, a student conduct complaint will not be pursued. A written action plan may be used to track cooperation by the student with Safe Harbor Failure to follow the action plan will nullify Safe Harbor protection and student conduct processes will be initiated.

Amnesty applies only to conduct revealed as a result of the report, and not to unrelated conduct violations.

Amnesty does not limit the authority of law enforcement to act as required at the time of an alleged violation of federal, state, or local laws. TAMIU has a responsibility to investigate to determine that a report was made in good faith.

A student eligible for amnesty under Amnesty may be required to meet with the Director of SCCE (or their designee) to discuss participation in appropriate educational programs/activities, appropriate alcohol or substance abuse assessments, and/or treatments. Although the student receiving amnesty will not be assigned formal disciplinary sanctions or have a formal disciplinary case, records of all incidents addressed in the process will be maintained by SCCE, including remedies. Any subsequent alcohol or controlled substance incident will prompt a higher degree of concern and will be evaluated by SCCE for the availability of amnesty to the student. Failure to complete educational assignments or recommended treatments issued by SCCE will revoke the eligibility of amnesty and may result in formal disciplinary action.

Based on the entirety of the incident, the Director of SCCE or Director of Title IX and Civil Rights Compliance will make the final determination as to the applicability of amnesty.

Qualifications for Amnesty

The student receiving medical assistance or a student initiating medical assistance in an alcohol or controlled substance emergency qualifies for amnesty if:

1. The student requests medical assistance from the University Police Department, medical emergency professionals, or other University officials on behalf of a student experiencing an alcohol or controlled substance medical-related emergency;
2. The student seeking medical attention does so at the time of the incident;
3. The student meets with SCCE administration within ten (10) University business days of the incident; and
4. The student agrees to timely completion of assigned educational activities, assessments, and/or treatments assigned by SCCE.

If the student completes assignments by SCCE, the incident will not be documented as a formal disciplinary record for the individual.

Criteria for granting amnesty may include but is not limited to the severity of the incident, the student’s disposition regarding the incident, whether the student has been granted amnesty in the past, and the student’s previous conduct record.

Students participating in intercollegiate programs (athletics) who previously invoked the Safe Harbor Program under the Athletics Department are not eligible to invoke TAMIU’s Amnesty.

Amnesty in Relation to Sexual Harassment, Sexual Assault, Dating Violence, Domestic Violence, and Stalking

When a student reports, in good faith, being the victim of or a witness to an incident of sexual harassment, sexual assault, dating violence, domestic violence, or stalking, TAMIU will not take disciplinary action against that student for violations of the Student Conduct Code occurring at or near the time of the incident reported. TAMIU may, however, investigate to determine whether a report of an incident of sexual harassment, sexual assault, dating violence, domestic violence, or stalking was made in good faith.

This amnesty will not apply in situations where:

1. A student reports their own commission or complicity in the commission of sexual harassment, sexual assault, dating violence, domestic violence, or stalking [as defined in System Regulation 08.01.01]; or
2. A student’s behavior occurring near or at the time of the incident could result in a suspension, expulsion, or dismissal from TAMIU.

Based on the entirety of the incident, the Director of SCCE or Director of Title IX and Civil Rights Compliance will make the final determination as to the applicability of this protocol.

OFFICE OF RESPONSIBILITY:
Division of Student Engagement
Office of Compliance
Last Updated: May 2018

TAMIU does not discriminate or permit harassment against any individual on the basis of race, color, sex, religion, national origin, age, disability, genetic information, veteran status, sexual orientation or gender identity in admissions, educational programs, or employment.

1. Conduct that violates TAMIU’s civil rights policy should be reported promptly to the Director of Title IX and Civil Rights Compliance Grievances against faculty members, non-faculty employees, students, student athletes, or third parties can be made by anyone within the TAMIU community.
   1. Grievances against faculty members, non-faculty employees, students, student athletes, or third parties should be directed to the Director of Title IX and Civil Rights Compliance: Lorissa M. Cortez, Director of Title IX and Civil Rights Compliance, 5201 University Boulevard, Killam Library 159B, Laredo, TX, 78041-1900, 956.326.2857, TitleIX@tamiu.edu.
   2. Reports can also be filed via Report It, our anonymous electronic reporting website, at http://www.tamiu.edu/reportit/ or with the Office of Civil Rights (Dallas Office), U.S. Department of Education, 1999 Bryan Street, Suite 1620, Dallas, TX 75201-6810, 214-661-9600.

2. Conduct that violates civil rights policy includes discrimination, harassment, and related retaliation that is based on sex and/or gender, including all types of sexual misconduct, which includes but is not limited to the following. Definitions for these terms can be found in System Regulation 08.01.01, Civil Rights Compliance.
   1. Sexual harassment
   2. Sexual misconduct
   3. Dating violence
   4. Domestic violence
   5. Stalking
   6. Non-consensual sexual contact
   7. Sexual exploitation
   8. Sex-based discrimination
   9. Related retaliation

3. Conduct that also violates civil rights policy is discrimination, harassment, and related retaliation based on race, color, religion, national origin, age, disability, genetic information, veteran status, sexual orientation, or gender
4. The Office of Compliance is charged with the investigation and resolution of alleged violations of TAMIU civil rights policy, including Title IX. Please refer to TAMIU Rule 08.01.01.L1, Civil Rights Complaint and Appeal Process and System Regulation 08.01.01, Civil Rights Compliance for more information on policies and the process. For more information and additional resources, please also visit The Office of Compliance website.

Office of Responsibility
Office of Compliance, 956.326.2857
Last Updated: August 12, 2020

TAMIU is committed to the success of all students and recognizes that students may experience general medical or behavior health issues that significantly limit their ability to function successfully or safely. Through the Office of Student Counseling and Disability Services or Student Health Services the University provides assistance and support, including evaluation, treatment, and referral, a within the available resources of the institution, for students experiencing general medical or behavioral problems.  If a member of the University community observes conduct that may constitute a threat to the health or safety of the community, individuals should report the conduct. Resources include the Behavioral Intervention Team (http://tamiu.edu/reportit), the Office of the VP for Student Engagement, and other appropriate resources including, but not limited to, the Student Conduct and Community Engagement.

Students who display distress or disruptive behavior, may be: 1) referred for an individual evaluation and/or 2) administratively withdrawn from the university; in some instances, this withdrawal may be involuntary.  Voluntary or involuntary administrative withdrawals permit students to take a break from the demands of the University’s rigorous academic environment.  The Vice President for Student Engagement (or their designee) is charged with responsibility for decision making related to this rule.

1. Distress or disruptive behavior includes, but is not limited to:
   1. Instances where a student engages in, or threatens to engage in, behavior which poses a risk of imminent to the health or safety one or more individuals.
   2. Instances of behavior, which would cause significant property damage, or would directly and substantially impede the lawful activities of others, or that substantially interferes with or impedes the educational experiences of others or would interfere with the educational process and the orderly operation of the University.
   3. Instances of behavior that constitute an undue burden to the University by substantially interfering with the educational process or the orderly operation of the institution

Involuntary Referral for Evaluation  

When it is determined by the Behavioral Assessment and Intervention Team (BAIT) that a student has engaged in one or more of these behaviors, the student will be required to present themselves within one University business day, to a member of the BAIT, for an individualized review. The student will be notified in writing of this by the BAIT.

Withdrawal

Under this procedure, students may be voluntarily or involuntarily withdrawn from the University.  The decision for an involuntary withdrawal shall be made by the BAIT.

The Office of Student Conduct and Community Engagement is responsible for the University disciplinary process. This procedure does not preclude a student’s removal from the University, or any unit, class, or program, for disciplinary reasons in accordance with TAMIU Student Code of Conduct. The BAIT will consult with SCCE to determine whether a student accused of violating the Student Code of Conduct should be diverted from the student disciplinary process to the Administrative Response to Distress or Disruptive Behavior.

Office of Responsibility
Division of Student Engagement
Last Updated: May 2017

Rule Statement and Reason for Rule

In 2019, the 86 ^th Texas Legislature passed Senate Bill 18, addressing the protection of campus expressive activities .  This new law adds Texas Education Code, Section 51.9315, which requires that each public institution of higher education “adopt a policy detailing student’s rights and responsibilities regarding expressive activities” on its campus.

As stated in the Preamble to the Bill, “freedom of expression is of critical importance and requires each public institution of higher education to ensure free, robust, and uninhibited debate and deliberations by students enrolled at the institution, regardless of whether the students are on or off campus.  It is a matter of statewide concern that all public institutions of higher education officially recognize freedom of speech as a fundamental right.”  Freedom of speech and assembly is central to the mission of institutions of higher education, and persons (students, student organizations, employees, and third parties) should be permitted to assemble peaceably on the campuses of institutions of higher education for expressive activities, including listening to or observing the expressive activities of others.

In accordance with Executive Order GA 44 relating to addressing acts of antisemitism at institutions of higher education, antisemitic speech and/or acts are prohibited on the Texas A&M International University (TAMIU) campus, and any such speech or acts by  students, employees, or visitors will be considered a violation of the Student Code of Conduct and/or TAMUS Regulations and/or TAMIU Rules, as applicable, and subject to the respective University grievance processes and resulting disciplinary action up to and including expulsion and/or termination of employment and/or criminal trespass from campus.  

The purpose of this rule is to establish guidelines and responsibilities for exercising the right to expressive activity on the TAMIU campus. This rule has been amended to comply with Governor Greg Abbott’s Executive Order GA-44, dated March 27, 2024.

Procedures and Responsibilities

1. EXPRESSIVE ACTIVITY
   1. Any person is allowed, subject to reasonable time, place, and manner restrictions as determined by TAMIU, to engage in expressive activities on the TAMIU campus, including responding to the expressive activities of others.  In general, TAMIU defines reasonable time as normal operating business hours as published on the TAMIU website and reasonable place as common outdoor areas.  Manner restrictions include a prohibition on the use of amplification equipment or noise-generating devices in the academic quad or within 50 feet of classroom buildings outside of the quad any time classes are in session. Manner restrictions also encompass setting up any type of personal furnishings on TAMIU property including, but not limited to, tables, chairs, booths, canopies, etc. Tables and chairs are available to rent (which includes set up and tear down) from the Office of Community Relations and Special Events.
   2. Students, student organizations, and employees are allowed to invite speakers to speak on campus.  Third parties are allowed to rent spaces through the Office of Community Relations and Special Events. RIGHTS
   3. In determining the fee amount to be charged for the use of TAMIU facilities for purposes of engaging in expressive activities, TAMIU may consider only content-neutral and viewpoint-neutral criteria related to the requirements of the event, such as the proposed venue and the expected size of the audience, any anticipated need for campus security, any necessary accommodations, and any relevant history of compliance or non-compliance by the requesting student, student organization, employee, or third-party with this Rule and other relevant rules.  See also Security Cost Protocol Appendix.
   4. TAMIU may not take action against a student, student organization, or employee or deny them any benefit generally available to other students, student organizations, and employees at TAMIU on the basis of a political, religious, philosophical, ideological, or academic viewpoint expressed or expressive activity.
      1. The university may take action against individuals or groups that engage in expressive activity that is not protected by this rule or the First Amendment ^[1]. Sanctions that may be imposed include all those enumerated in the Student Code of Conduct and/or TAMUS Regulations and/or TAMIU Rules, as applicable, including disciplinary action up to expulsion and/or termination of employment and/or criminal trespass from campus.
      2. Expressive activities that may result in sanctions and are not protected by this rule or the First Amendment include the following: physical abuse or assault, true threats or disruption of the academic environment or university-sponsored extracurricular event; inciting or producing imminent lawless action; or illegal harassment.
      3. Conduct described in 1.4.2 may be reviewed and adjudicated under The Texas A&M University System (A&M System) Regulation 08.01.01 Civil Rights Compliance, including those related to actionable discrimination or harassment based on 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. ^[2] Additionally, said conduct may also be reviewed and adjudicated by the Student Conduct Office using the Student Code of Conduct when the conduct does not rise to the level of a civil rights violation.
   5. The common outdoor areas of the TAMIU campus are deemed traditional public forums. Any person is permitted to engage in expressive activities in these areas freely, as long as the person's conduct: (a) is not unlawful and (b) does not materially and substantially disrupt the function and operations of TAMIU.  Members of the TAMIU community are allowed to assemble or distribute written material in common outdoor areas without a permit or other permission from TAMIU.
      1. In an effort to ensure safety and to promote an environment conducive to study, advanced reservation for expressive activity is required for events or activities that are promoted in advance, sponsored by student organizations, and/or expected to draw a crowd of more than 25 people.  Advanced reservation requests are made to the Office of Community Relations and Special Events.
   6. Nothing in this Rule should be interpreted as prohibiting faculty members from maintaining order in the classroom.
2. GRIEVANCE PROCEDURE
   1. Any person who believes their campus expressive activity rights, as recognized by this Rule, have been unduly interfered with by a student, student organization, or employee has the right to file a grievance.  A student, student organization, or employee who is found to have unduly interfered with another person’s expressive activity rights, as recognized by this Rule, is subject to disciplinary action in accordance with applicable System policies/regulations and TAMIU rules and procedures.
   2. Grievances filed by students or student organizations will be adjudicated following the General Student Complaint Procedures found in the Student Handbook.
   3. Employees (faculty or staff) or third parties may file grievances with the Office of Compliance who will investigate the grievance and render an investigation report summarizing the findings. The investigation report will be referred to the appropriate Vice President (VP) for adjudication. The appropriate VP will be determined by the status of the offending individual.
      1. Grievances concerning a faculty member will be referred to the Office of the Provost & VPAA.
      2. Grievances concerning staff or on-campus vendor employees will be referred to the Office of the VP for Finance and Administration.
3. DISSEMINATION
   1. A copy of this rule must be included in the TAMIU Student Handbook.
   2. A copy of this rule must be provided to new TAMIU students during new student orientation.
   3. A copy of this rule must be posted to the TAMIU webpage.
4. THIRD-PARTY (EXTERNAL CLIENT) EVENTS

   Events organized by a third party (external client) and held on campus must be sponsored by a recognized student organization, university academic or administrative unit, or an A&M System member.

 Related Statutes, Policies, Regulations, or SAP’s

Texas Education Code § 51.9315, Protected Expression on Campus.
Texas Government Code § 448.001.
Executive Order GA-44 (March 27, 2024).
OAG Guide to First Amendment Issues on Campus (September 7, 2018).

Definitions

The following are definitions of terms used in this Rule. The definitions includes both the singular and plural version of the term.

Antisemitism – a certain perception of Jews that may be expressed as hatred toward Jews. The term includes rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property or toward Jewish community institutions and religious facilities. ^[3] Antisemitic conduct comprised of behavior outlined in section 1.4.2 of this rule can be sanctioned by the TAMIU.

Benefit – recognized by or registered with TAMIU, the use of TAMIU facilities for meetings or speaking purposes, the use of channels of communication controlled by TAMIU, and funding sources made generally available to student organizations at TAMIU.

Campus - all land and buildings owned or leased by TAMIU.

Common Outdoor Areas – places located outside a building or facility that are accessible to the public, such as streets, sidewalks, plazas, lawns, and parks, unless closed by TAMIU for a special event or circumstance (e.g., construction).  This term does not include areas immediately adjacent to a private residence, including dormitories and on-campus apartments.

Disruptive Activity (TAMIU Student Handbook definition) – disruption or obstruction of teaching, research, administration, student conduct proceedings, or other University mission, process, or function including public service functions or other authorized non-University activities when conduct occurs on University premises. Such activities may include, but are not limited to:

1. Leading or inciting others to disrupt scheduled and/or normal activities on University premises.
2. Classroom behavior that seriously interferes with either the faculty member’s ability to conduct the class or the ability of other students to profit from the instructional program.
3. Any behavior in class or out of class, which for any reason improperly interferes with class work of others, involves disorder, or otherwise disrupts the regular and essential operation of the University.

Employee – an individual employed by TAMIU.

Expressive Activity – any speech or expressive conduct protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution, and includes assemblies, protests, speeches, the distribution of written material, the carrying of signs, and the circulation of petitions.  The term does not include commercial speech.

Faculty – any full or part-time employee of TAMIU holding an academic appointment.

Illegal Harassment - expressive conduct that is so severe and pervasive and objectively offensive that it denies or limits a person’s ability to participate in or benefit from an educational program or activity.

Inciting or producing imminent lawless action - speech or behavior that presents a clear, present, and imminent threat of physical harm or property damage.

Materially and Substantially Disrupt – interrupting a program or activity in a significant and consequential manner (e.g., using amplification equipment or noise-generating devices in the academic quad or within 50 feet of classroom buildings outside of the quad any time classes are in session)

Person – students, student organizations, faculty, staff, and third parties.

Reasonable Time, Place, and Manner Restrictions – limitations that (1) are narrowly tailored to serve a significant TAMIU interest; (2) employ clear, published, content-neutral, and viewpoint-neutral criteria; and (3) provide for ample alternative means of expression.

Staff – an employee of TAMIU that is not a faculty member.

Student – an individual currently enrolled at TAMIU, full or part-time, pursuing undergraduate, graduate, or professional studies, including students who were enrolled the previous semester and registered for a future semester.

Student Organization – any TAMIU-recognized organization that is composed of students enrolled at TAMIU and that receives a benefit from TAMIU.

Third-Party (External Client) – an individual or entity that is not a student, student organization, or employee of TAMIU.

Traditional Public Forum – a place, widely recognized in law, which has been intended for the use of the public and has been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions when the principal function of the location would not be disrupted by expressive activity.   Examples of traditional public forums include public streets, sidewalks, plazas, lawns, and parks.

True Threats - communication of a serious expression of an intent to harm a specific person or group of people.

 
Appendix
Security Fee Protocol
Contact Office
Office of Compliance, 956-326-2855

SECURITY COST PROTOCOL FOR EXPRESSIVE ACTIVITY

Texas A&M International University (TAMIU)will only require security costs (including a pre-event security deposit) to be paid by the event sponsor when a proposed event presents a specific, substantial, and objectively identifiable risk to the health and safety of the applicant, the TAMIU community, or the public.  In determining whether such costs must be imposed, the University must objectively consider, in consultation with the event sponsor, the following factors:

1. The facility or outdoor space to be used for the event.
2. The number of anticipated participants.
3. Any anticipated need for campus security.
4. Any necessary accommodations.
5. Compliance history of the requesting party with university rules.
6. Maximum occupancy of the location.
7. Whether the event is open to the entire university community or restricted to guests of the event sponsor.
8. The time of day during which the event will occur.
9. Whether the proposed event involves activity that poses an inherent risk of personal injury or property damage.
10. Whether alcoholic beverages will be served.
11. Duration of the event.
12. Presence of mechanical devices or vehicles at the event.
13. Whether sales or cash transactions are conducted on site.

In determining whether security costs must be imposed, and the amount of any such costs, TAMIU may not consider the content or viewpoint of the speech expressed or intended to be expressed by the event sponsor, speakers, guests, or attendees.  Costs associated with or incurred as a result of anticipated or actual reactions to the message of the speaker must not be imposed on the event sponsor unless the sponsor or the sponsor’s guests engage in conduct that creates additional costs.

TAMIU must notify the event sponsor of any decision to impose security costs for an event in writing.  The notification must clearly state and explain the reasons that such costs have been imposed.

^[1] This rule must be applied in a manner consistent with the Dear Colleague Letter (July 28, 2003) issued by the Department of Education related to First Amendment and civil rights laws compliance. 

^[2] This includes unprotected activities motivated by antisemitism and other forms of shared ancestry discrimination as listed in the Dear Colleague Letter (Nov. 7, 2023) issued by the Department of Education in the wake of the tragic events of October 7, 2023. 

^[3] Texas Government Code, Section 448.001.