Dec 09, 2022  
2022-2023 Catalog 
    
2022-2023 Catalog

III. Withdrawal of Consent to Be In Attendance or Present On University Premises



 A. Recommendation to Withdraw Consent during Periods of Disruption

  1. Periods of Disruption Defined
    The term “period of disruption” is any period in which it reasonably appears that there is any of the following (Texas Education Code § 51.231):
    1. Threat(s) of destruction to University premises;
    2. Threat(s) of physical or emotional injury to human life on University premises; or,
    3. Threat(s) of willful disruption of the orderly operation of the University.
  2. Withdrawal of Consent
    During periods of disruption, the Assistant Vice President for SSSE or designee may recommend to the Vice President of Academic Affairs that prior to a Student Conduct Board hearing, and in accordance with Texas Education Code § 51.233, a student have their consent to be in attendance at the University or on University premises be withdrawn when there is reasonable cause to believe that the student has willfully disrupted the orderly operation of University premises and that his/her presence on University premises will constitute a substantial and material threat to the orderly operation of the University premises.
  3. Terms of Withdrawal
    Withdrawal of Consent shall not be longer than fourteen (14) days from the date on which consent was initially withdrawn.
    Withdrawal of Consent is specifically provided by state statute (Texas Education Code § 51.233, et seq.). The provisions of Part III do not affect the power of the University to suspend or dismiss any student at the University in accordance with the procedures set forth in Part II of this Handbook. If a person is alleged to have violated the Code of Professional and Academic Conduct, and Withdraw of Consent also occurs, the procedures set forth in Parts II and III may occur concurrently.

B. Concurrence by Vice President of Academic Affairs required notifications

   1. Written notice

Withdrawal of consent must be made in writing. The written notice must contain all of the following (pursuant to Texas Education Code § 51.234):

   2. Notice requirements

  1. That consent to remain on the campus has been withdrawn and the number of days for which consent has been withdrawn, not to exceed fourteen (14); 
  2. Name and job title of the person withdrawing consent, along with an address where the person withdrawing consent can be contacted during regular working  hours;
  3. Brief statement of the activity or activities resulting in the Withdrawal of Consent; and,
  4. Notification that the student is entitled to a hearing on the withdrawal not later than three (3) days from the date of receipt by the Assistant Vice President for SSSE of a request for hearing from the person.
  5. See Texas Education Code § 51.233(a), 51.234 & 21.5235.

   3. Notification of the President or designee

a) Whenever consent is withdrawn by any authorized officer or employee other than the VPAA, the officer or employee shall submit a written report to the VPAA within 24 hours, unless the authorized officer or employee has reinstated consent for the person to remain on the campus. The report must contain all of the following  (pursuant to Texas Education Code § 51.235):

  1. Description of the student, including, if available, the student’s name, address, and phone number; and,
  2. Statement of the facts giving rise to the Withdrawal of Consent.

C. Confirmation of the President or Designee

   1. Confirmation

If the VPAA or his/her designee upon reviewing the written report described above finds that there was reasonable cause to believe that the student has willfully disrupted the orderly operation of the University or University premises, and that his  presence on University premises will constitute a substantial and material threat to the orderly operation of the campus or facility, he/she may enter written confirmation upon the report of the action taken by the officer or employee  Texas Education Code §51.236 (b).

   2. No Confirmation

If the VPAA or his/her designee does not confirm the action taken by the officer or employee within 24 hours after the time that consent was withdrawn, the Withdrawal of Consent shall be deemed void and of no force or effect, except that any arrest made during the period shall not for this reason be deemed not to have been made for probable cause.

D. Hearing for withdrawal of consent

   1. Request by student

The student from whom consent to remain on campus has been withdrawn may submit a written request for a hearing to the VPAA or designee, within the fourteen (14) day period of withdrawal. The written request must state the address to which notice of hearing is to be sent.

   2. Hearing Procedures

The student shall be entitled to the following procedures in accordance with the Texas Education Code, Sections 51.234 and 51.243.

a) Hearing Notice

Upon receipt of the request for hearing, the VPAA or designee shall grant the request and immediately mail a written notice of the time, place, and date of the hearing, along with pertinent records, exhibits and written statements to the student. A hearing will be conducted no later than three (3) days from the date that the VPAA or designee receives the request for hearing. The Hearing Committee will be appointed by the VPAA or designee and will be comprised of members from the respective schools other than the accused and individual issuing notice. Pursuant to Texas Education Code § 51.243 Required Hearing Procedures will be followed.

b) Representation 

The student may be advised by counsel. The University will be represented by the Office of General Counsel.

c) Witnesses

The student, as well as the party who recommended consent be withdrawn, have the right to call and question witnesses and to cross-examine witnesses at the hearing. Members of the Hearing Committee may also question the witnesses. Witnesses are permitted to attend the Hearing only when they are providing information, unless the Hearing Committee, in its sole discretion, allows otherwise. The student shall be advised of the content of the statements, and the names of the persons who made them, at the hearing.

d) Evidence

All matters upon which the decision to withdraw consent may be based shall be introduced into evidence at the hearing. The decision to withdraw consent shall be based solely on the evidence presented at the hearing. At least one (1) day prior the date scheduled for the Hearing, the parties must submit to the Chair of the Hearing Committee the following information, if applicable:

  1. All pertinent records, exhibits and written statements (including Impact or Position Statements);
  2. A list of witnesses, if any, who will be speaking on behalf of the Accused Student or Complainant, including a brief summary of the information to be given by each; and,
  3. The name of the advisor, if any, who may be present in an advisory capacity at the hearing. See Part II.F.4.i.

e) Procedural Questions

All procedural questions are subject to the final decision of the chair.

f) Recordings

University shall record all Hearings. No recording will occur when the Hearing Committee is in discussion or deliberation. Deliberations shall not be recorded. The record is University property.

g) Appeal to the President

The student may appeal the decision within three (3) days from the date of the decision by sending a written appeal to the President. If the student does not appeal the decision by the hearing committee, the decision is final. The president will review and render a decision within seven (7) days.

E. Entering or remaining on campus after withdrawal of consent

Any person who has been notified by an administrative officer of TTUHSC El Paso or employee designated by the VPAA to maintain order on the campus or facility, that consent to remain on the campus or facility has been withdrawn pursuant to Section 51.233, who has not had consent reinstated, and who willfully and knowingly enters or remains upon the campus or facility during the period for which consent has been withdrawn, is guilty of a misdemeanor, and is subject to punishment as set out in Texas Education Code  § 51.244.

This section does not apply to any person who enters or remains on the campus or facility for the sole purpose of applying to the administrative officer or authorized officer or employee for the reinstatement of consent or for the sole purpose of attending a hearing on the withdrawal.

F. Reinstatement of Consent to Remain on Campus

The VPAA or designee shall reinstate consent whenever they have reason to believe that the presence of the person from whom consent was withdrawn will not constitute a substantial and material threat to the orderly operation of the campus or facility.