TAMIU Student Handbook 2021-2022

Page 46 of 91 recorded. The record shall be the property of the University and maintained in compliance with the Family Education Rights and Privacy Act (FERPA). 7. If a respondent fails to appear at an administrative hearing, the information in support of charges shall be presented, considered, and a decision will be made. 8. Concerns for the safety, well-being, and/or fears of confrontation of the complainant, respondent, or witnesses should be presented to the Director of SCCE (or their designee) or Administrative Hearing Panel prior to hearing. Requests for accommodations will be in accordance with state or federal laws. 9. A respondent and advisor may attend the student conduct proceedings, excluding deliberations by the Director of SCCE (or their designee) or Administrative Hearing Panel. The Director of SCCE (or their designee) or Administrative Hearing Panel may remove any participant for disruptive behavior. Admission of any other person to the student conduct proceedings shall be at the discretion of the Director of SCCE (or their designee) or Administrative Hearing Panel. Section 9.05 Findings A finding of responsibility must be based upon a preponderance of the evidence. It may not be based solely upon a respondent’s silence during an administrative hearing. A respondent found responsible for a violation may accept or appeal the findings and/or the sanctions, either in whole or in part, as outlined in Section 9.07. A finding of “responsible” will result in sanction. A finding of “not responsible” concludes the conduct process and the case is closed. Section 9.06 Notification of Outcomes The outcome of an administrative hearing is part of the education record of the responding student and is subject to the protections of the Federal Education Rights and Privacy Act (FERPA) and Title IX of the Education Amendments of 1972. The notification of outcomes is sent to the students’ TAMIU email address unless other address(es) are necessary or appropriate. Section 9.07 Right to an Appeal (non-academic) Decisions made by a lower level hearing body shall not be final until an appeal deadline is passed, when the appeal is exhausted, or when a student chooses not to appeal. A student who has been found responsible for violating the Student Code of Conduct has the right to appeal the original decision. The appealing student must complete an online appeal request form, or other stated method for submitting an appeal, within five (5) University business days of the delivery of the decision. The appeal does not create an entitlement to a