TAMIU Student Handbook 2021-2022

Page 35 of 91 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 Success determines that the offense affects the University as stated above, then the SCCE 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