Code for Professional Conduct

A. General Policy

An environment in which the privileges of citizenship are protected and the obligations of citizenship are understood fosters freedom of discussion, inquiry, and expression. Accordingly, the University community has developed standards of behavior for students and student organizations.

Students and student organizations are subject to disciplinary action according to the provisions of the Code and/or any other applicable University rules or regulations.

Each student is responsible for becoming familiar with the various regulations of the University and meeting the various requirements outlined below. Written policies are described in University publications such as this Handbook and the Schools’ catalogs and handbooks. Each student, in accepting admission, indicates a willingness to subscribe to and be governed by the rules and regulations of this institution, and for university officials to take such disciplinary action, including dismissal, as may be deemed appropriate for failure to abide by such rules and regulations.

Each student is responsible for their own integrity and for reporting possible violations of this Code by other students. Faculty, staff, and students shall take all reasonable steps to prevent violations and are responsible for reporting violations.

B. Disciplinary Jurisdiction

The Code of Professional and Academic Conduct shall apply to conduct that occurs on University premises, at University sponsored activities, and to off-campus conduct that adversely affects the professional and ethical standards of each school and/or the University and/or pursuit of its objectives. On a case-by-case basis the Dean and their designee of each respective School, in their sole discretion, share determine whether the Code should be applied to conduct occurring off premises.

All students are expected to comply with the professional and ethical standards of each school which they are enrolled and subscribe to the Code which is implicit in accepting admission to the University. Each student shall be responsible for their conduct from the time of the application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and periods between terms of actual enrollment. The Code shall apply to persons who withdraw after alleged violation of the Code, who are not officially enrolled for a particular term but have a continuing relationship with the University, or who have been notified of their acceptance.

Academic issues, such as grading and promotion, should be addressed under the respective School’s policies and procedures where the student is enrolled.

C. Violation of Law and the TTUHSC El Paso Discipline

A disciplinary proceeding may be instituted against a student regardless of whether conduct allegedly violates both the criminal and/or civil law and/or this Code (that is, if multiple violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest or prosecution.

Proceedings under this Code may be carried out before, simultaneously, or following civil and/or criminal proceedings. Determinations made or sanctions imposed under the Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal and/or civil law defendant.

State law will be strictly enforced at all times on all property controlled by the University and is inclusive of all clinical and teaching sites and its components.

D. Misconduct

Any student or student organization found to have committed the following misconduct is subject to disciplinary sanction(s), condition(s) and/or restriction(s). Misconduct or prohibited behavior includes, but is not limited to:

1. Alcoholic Beverages
   1. The use, possession, sale, delivery or distribution of alcoholic beverages, except as expressly permitted by university policy as allowed by law.
   2. Being under the influence of alcohol and/or intoxication except as allowed by law.
2. Narcotics or Drugs
   1. Use, possession, sale, delivery or distribution of any narcotic, drug or medicine prescribed to someone else, chemical compound or other controlled substance or drug-related paraphernalia, except as expressly permitted by the laws of the State of Texas.
   2. Being under the influence of narcotics or drugs, except as permitted by law.
   3. The failure of a drug test, whether required by TTUHSC El Paso or any health care facility to which a student is assigned or has any type of patient care, contact or responsibility.
3. Firearms, Weapons and Explosives
   1. Use or possession of firearms, ammunition, explosive weapons, illegal knives, and other deadly weapons are prohibited on university property, except as specifically authorized by federal, state, or local laws.
   2. HSCEP OP 10.30 outlines regulations for the carrying of concealed handguns by licensed holders.
   3. As a health-related educational institution, TTUHSC El Paso facilitates a complex composition of activities, which include education, patient care, research, and community engagement. As such, TTUHSC El Paso campuses must accommodate the unique needs of diverse stakeholders, including patients, learners of all types, faculty, staff, contractors, and visitors. Within the context of this unique and complex composition, TTUHSC El Paso is committed to the following principles for the campus environment:
      1. TTUHSC El Paso will comply with all necessary laws and regulatory requirements regarding safety and security on its campuses;
      2. Within reasonable effort, TTUHSC El Paso will create an environment in which all stakeholders can conduct their business with a sense of personal and collective safety and security;
      3. TTUHSC El Paso will communicate safety policies to stakeholders through all appropriate means.
4. Theft, Damage or Unauthorized Use
   1. Attempted or actual theft of property of the University, students, of members of the University community or campus visitors.
   2. Possession of property known to be stolen or belonging to another person without the owner’s permission.
   3. Attempted or actual damage to property of the University, University students, members of the University community or campus visitors.
   4. Attempted or actual unauthorized use of a credit card, debit card, automated teller machine card, telephone card and/or personal check; alteration, forgery or misrepresentation of any form of identification including, but not limited to, a social security number or driver’s license number.
5. Actions against members of the University Community
   1. Physical harm or threat of harm to any person.
   2. Intentional or reckless conduct which endangers the health or safety of any person, campus visitor, or volunteer.
   3. Behavior that disrupts the normal operation of the University, including its students, faculty, staff or volunteers; or conduct that otherwise interferes with or creates a hostile or intimidating environment for a member of the University community academic pursuits or work environment. Such conduct does not necessarily have to be in violation of the law to violate this section.
   4. Sexual Misconduct: a broad term encompassing all forms of gender-based harassment or discrimination and unwelcomed behavior of a sexual nature. Conduct included that involves:
      1. Deliberate touching of another’s sexual parts without consent
      2. Deliberate sexual invasion of another without consent; or,
      3. Deliberate constraint or incapacitation of another, without that person’s knowledge or consent, so as to put another at risk of sexual injury; see Part V Antidiscrimination and Sexual Misconduct (including Title IX).
   5. Unwelcomed sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that expressly or implicitly imposes conditions upon, threatens, interferes with, or creates an intimidating, hostile or demeaning environment for an individual’s:
      1. Academic pursuits;
      2. University employment;
      3. Participation in activities sponsored by the University or organizations or groups related to the University; or,
      4. Opportunities to benefit from other aspects of University life; see see Part V Antidiscrimination and Sexual Misconduct (including Title IX).
   6. Excessive pressure, threats, or any form of conduct, coercive tactics or mind control techniques used to recruit, initiate, retain or otherwise intimidate a student for membership in an organization.
   7. Actions involving free expression activities are covered in Parts VIII and IX of this Handbook and governed by HSCEP OP 61.07 Use of TTUHSCEP Premises and Amplification Equipment.
6. Gambling, Wagering or Bookmaking
   Gambling, wagering, or bookmaking on University premises is prohibited.
7. Hazing
   Any intentional, knowing or reckless act directed against a student, occurring on or off campus, by one or more individuals acting alone or collectively that endangers the mental or physical health or safety of a student for the purpose of pledging or associating, being initiated into, affiliating with, holding office in, seeking and/or maintaining membership in any organization whose members are, or include, students. Consent or acquiescence by a student or students subjected to hazing is not a defense in a disciplinary proceeding. Hazing includes, but is not limited to:
   1. Any type of physical or emotional brutality, or the threat of such activity, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body or similar activity;
   2. Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics or other activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of a student;
   3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug or other substance which subjects a student to an unreasonable risk or harm, or which adversely affects the mental, physical health or safety of a student;
   4. Any activity that intimidates or threatens a student with ostracism that subjects a student to extreme mental stress, shame or humiliation, or that adversely affects the mental health or dignity of a student, or that discourages a student from entering or remaining registered at this university, or that may reasonably be expected to cause a student to leave the organization or the university rather than submit to acts described above;
   5. Any activity in which a person engages in, solicits, encourages, directs, aids or attempts to aid another, directly or indirectly, in hazing; intentionally, knowingly or recklessly permits hazing to occur; having firsthand knowledge of the planning of a specific hazing incident which has occurred; and fails to report the incident in writing to the specific School’s student conduct office;
   6. Any activity in which hazing is either condoned or encouraged or actions of any officer or combination of members, pledges, associates or alumni of the organization in committing or assisting in the commission of hazing; or,
   7. Any act that is unlawful as designated by local, state, or federal government. NOTE: See Texas Education Code, Sections 37.151-37.157 and Section 51.936.
8. False Alarms or Terrorist Threats
   Intentionally or recklessly sounding a false alarm of any kind or character; making a false emergency call or terrorist threat; issuing a bomb threat; constructing mock explosive devices; improperly possessing, tampering with or destroying fire equipment, Automatic External Defibrillator (AED) or emergency signs on University premises.
9. Financial Irresponsibility
   Failure to meet financial obligations owed to the University, including, but not limited to, the writing of checks on accounts with insufficient funds. See also 4d above.
10. Unauthorized Entry, Possession or Use
    1. Unauthorized entry into or use of University facilities;
    2. Unauthorized possession or duplication, processing, production, or manufacture of any key or unlocking device or access code for use in any University facility;
    3. Unauthorized use of the University name, logotype, registered marks or symbols of the University; or,
    4. Use of the University’s name to advertise or promote events or activities in a manner which suggests sponsorship by the University without prior written permission.
11. Traffic and Parking
    1. Violation of TTUHSC El Paso Parking and Transportation Services regulations; or,
    2. Obstruction of the free flow of vehicle, pedestrian or other traffic on University premises.
12. Student Recreation Regulations
    Violation of rules, which govern behavior in the student lounges, recreational activities or exercise areas.
13. Failure to Comply with Directions/Requests of University Officials
    Failure to comply with the reasonable directions or requests of a University official acting in the performance of his or her duties.
14. Student Identification - Failure to present and appropriate use
    The failure of a student to present their student identification to any University official upon request to identify them to any University official acting in the performance of their duties. The student identification card is the property of the university. Students shall neither allow their student identification card to be used by other persons, nor shall they alter their student identification in any way. A student must pay a replacement charge for lost, stolen or damaged student identification cards.
15. Abuse, Misuse or Theft of University Computer Data, Programs, Time, Computer or Network Equipment
    
    See HSCEP OP: 56.01 Acceptable Use of Information Technology Resources.
    1. Unauthorized or non-academic use of computing and/or networking resources;
    2. Unauthorized installation, accessing, copying, or removing of programs, records or data belonging to the University, another user or copyrighted software without written authorization;
    3. Attempted or actual breach of the security of another user’s account and/or computing system, depriving another user of access to University computing or networking resources, compromising the privacy of another user or disrupting the intended use of computing or network resources;
    4. Attempted or actual use of the University’s computing or networking resources for financial gain;
    5. Attempted or actual transport of University’s programs, records or data to another person or computer without written authorization;
    6. Attempted or actual destruction or modification of programs, records or data belonging to the University or another user or destruction of the integrity of computer-based information;
    7. Attempted or actual use of the computing and/or networking facilities to interfere with the normal operation of the University’s computing and/or networking systems; or through such actions, causing a waste of such resources (people, capacity, computer); or,
    8. Allowing another person, either through one’s personal computer account, or by other means, to accomplish any of the above.
    9. Attempted or actual addition/modification/removal/circumventing of Institutionally- approved computer security products/processes.
    10. Participate in any computer-related activity that may cause TTUHSC El Paso to incur legal liability or loss of reputation.
    11. Violation of any policy defined in the TTUHSC El Paso IT Security Policies see https://elpaso.ttuhsc.edu/it/policies/default.aspx.
16. Providing False, Misleading or Untrue Statements or Misuse of Records
    Knowingly providing to the University, or to a University official in the performance of their duties, either verbally, or through forgery, alteration or misuse of any University document, record or instrument of identification.
17. Skateboards, Roller Blades, or Similar Devices
    Use of skateboards, roller blades, bikes, scooters, or other similar devices in University buildings or on University premises in such a manner as to constitute a safety hazard or cause damage to University or personal property or which disrupts the normal operation of the University.
    
    NOTE: Also refer to HSCEP OP 76.32, Traffic and Parking Regulations.
     
18. Academic Misconduct
    1. A student who witnesses academic misconduct or who is approached with an offer to gain unfair advantage or commit academic misconduct is obligated to report that violation to the appropriate authority (See Part II.D). Failure to do so may result in disciplinary action. Faculty and staff are likewise responsible to report academic misconduct in accordance with Part II.D.
    2. “Academic misconduct” involves any activity that tends to compromise the academic integrity of the University, or subvert the educational process, including, but not limited to, cheating, plagiarism, falsifying academic records, misrepresenting facts and any act designed to give unfair academic advantage to the student or the attempt to commit such an act.
    3. “Cheating” includes, but is not limited to:
       1. Using any aid, sources and/or assistance beyond those authorized by the instructor in taking a course, laboratory, field work, quiz, test or examination; writing papers; preparing reports; solving problems; or carrying out assignments;
       2. Failing to comply with instructions given by the person administering the test;
       3. Using, buying, stealing, transporting or soliciting in whole or part the contents of an examination, test key, homework solution or computer program;
       4. Seeking aid, receiving assistance from, or collaborating (collusion) with another student or individual during a course, quiz, test, examination or in conjunction with other assignments (including, but not limited to writing papers, preparing reports, solving problems or making presentations) unless specifically authorized by the instructor;
       5. Discussing the contents of an examination with another student who will take the examination;
       6. Divulging the contents of an examination, for the purpose of preserving questions for use by another, when the instructor has designated that the examination is not to be removed from the examination room, be returned to or kept by the student;
       7. Substituting for another person, or permitting another person to substitute for oneself to take a course, test or any course-related assignment;
       8. Paying or offering money or other valuable things to, or coercing another person to obtain an examination, test key, homework solution or computer program, or information about an examination, test key, homework solution or computer program;
       9. Falsifying research data, laboratory reports and/or other academic work offered for credit;
       10. Taking, keeping, misplacing or damaging the property of the University, or of another, if the student knows or reasonably should know that an unfair academic advantage would be gained by such conduct;
       11. Possession, at any time, of current or previous test materials without the instructor’s permission;
       12. Acquisition or dissemination by any means, without written permission, of tests or other academic material belonging to a member of the University community;
       13. Alteration of grade records;
       14. Bribing, or attempting to bribe, a member of the University community or any other individual to alter a grade;
       15. Falsification, fabrication, or dishonesty in reporting laboratory and/or research results;
       16. Submitting substantially the same work to satisfy requirements for one course that has been submitted in satisfaction of requirements for another course, without specific permission of the instructor of the course for which the work is being submitted;
       17. Possession or access to during an exam of prohibited materials, including but not limited to study/review materials, class notes, review questions, or electronic devices.
    4. “Plagiarism” includes, but is not limited to, the appropriation, buying, receiving as a gift, or obtaining by any other means another’s work (such as words, ideas, expressions, illustrations, or product of another), in whole or in part, and the submission of it as one’s own work offered for an academic credit or requirement. When a student presents the works of another (published or unpublished) in their academic work, the student shall fully acknowledge the sources according to methods prescribed by their instructor.
    5. “Falsifying academic records” includes, but is not limited to, altering or assisting in the altering, of any official record of the University and/or submitting false information or omitting requested information that is required for, or related to, any academic record of the University. Academic records include, but are not limited to, applications for admission, awarding of degree, diplomas, grade reports, official and unofficial transcripts, test scores, attendance and excused absence documents, grade reports, patient records, test papers, registration materials, any official forms, documents, or items related to academic performance.
    6. “Misrepresenting facts” to the University or an agent of the University includes, but is not limited to, providing false academic information on resumes, providing false or misleading information in an effort to receive a postponement or an extension on a test, quiz, or other assignment for the purpose of obtaining an academic or financial benefit for oneself or another individual, or providing false or misleading information in an effort to injure another student academically or financially.
    7. Any other misconduct identified in School-level academic policies or student handbooks.
19. Violation of Published University and School Policies, Rules, or Regulations
    Violation of any published University policies, rules, or regulations that govern student or student organization behavior, including, but not limited to, applicable publications for each TTUHSC El Paso School, such as student handbooks, catalogs, professional and ethical standards and course syllabi.
20. Violation of Federal, State, and/or Local Law
    Misconduct which constitutes a violation of any provisions of federal, state and/or local laws.
21. Abuse of the Student Conduct Board or Administrator
    1. Failure by an Accused Student to comply with or respond to a notification to appear before the Student Conduct Board or the Student Conduct Administrator during any stage of a disciplinary proceeding. Failure to comply with or respond to a notice issued as part of a Student Conduct procedure and/or failure to appear will not prevent the Student Conduct Board from reviewing the complaint;
    2. Falsification, distortion or misrepresentation of information in Student Conduct proceedings;
    3. Disruption or interference with the orderly conduct of a Student Conduct proceeding;
    4. Filing an allegation known to be without merit or cause;
    5. Discouraging or attempting to discourage an individual’s proper participation in, or use of, the Student Conduct system;
    6. Influencing or attempting to influence the impartiality of a member of the Student Conduct Board prior to and/or during its proceeding;
    7. Harm, threat of harm, or intimidation either verbally, physically or written of a member of a Student Conduct Board prior to, during and/or after its proceeding;
    8. Failure to comply with the sanction(s), condition(s) and/or restriction(s) imposed under this Code or by a Student Conduct Board;
    9. Influencing or attempting to influence another person to commit an abuse of the Student Conduct system; or,
    10. Retaliation against any person or group who files a complaint accordance with the Code of Professional and Academic Conduct or files a grievance under the applicable institutional or School grievance policy.

E. Other Professional and Ethical School Standards

In addition to the Misconduct identified in Part II.D, each TTUHSC El Paso School publishes its professional and ethical standards. School handbooks and catalogs should be consulted for these standards; alleged violations may be referred for institutional Student Conduct review. In addition, School committees may review the alleged conduct under the professionalism, ethical, and licensure requirements related to their academic discipline.

F. Student Conduct Procedure

1. Nature of Proceedings
   These proceedings are part of an educational process whereby the University applies its values to establishing the best possible learning environment for its students. These proceedings are not intended to follow, or be restricted by, courtroom or judicial procedures, including the rules of evidence. In addition, these proceedings are not intended for grading and promotions issues, which should be addressed under respective School policies.
2. Procedural Deviations
   If the Student Conduct Board has not yet been appointed, or in the absence of the Chair of the Student Conduct Board, the parties and the Student Conduct Administrator may agree in advance and in writing to deviations from procedure. If a Student Conduct Board has been appointed, the parties and the Chair of the Student Conduct Board may mutually agree to procedural deviations, such as deadlines for submission of evidence and hearing dates and times.
   
   NOTE: Any notices that are sent by email will be considered to have been received on the third calendar day after the date of emailing, excluding any intervening Saturday, Sunday or holiday.
    
3. Filing a Complaint
   1. Any faculty, staff, or student of TTUHSC El Paso may file a complaint against a student(s) or a student organization(s) for violation(s) of the Code of Professional and Academic Conduct. When appropriate, a preliminary investigation/discussion with a supervisor (program director, chair, etc.) should be done prior to filing a complaint. If a basis for the complaint against a student or students exists, Attachment A should be completed and delivered by the Complainant to the Student Conduct Administrator. Attachment A should be used for complaints against student organizations. A Complaint shall be submitted no later than twenty (20) business days from the date of the event or when the complainant becomes aware of the event. Complaints filed more than twenty business days after the event shall include a justification for the delay.
   2. When a Complaint is filed, the Student Conduct Administrator will provide the Accused Student with the Complaint form filed by the Complainant and will notify the Accused Student in writing that they shall appear before the Student Conduct Administrator to discuss the Complaint within five (5) business days from the date of the letter. It is recommended that the Accused Student meet with the Student Conduct Administrator prior to the Student Conduct Board.
   3. If the Accused Student agrees, the Student Conduct Administrator may conduct an administrative review to determine if the complaint may be handled prior to a formal hearing. Any administrative review decision must be in writing and agreed to by all of the parties (complainant and accused student). Such disposition shall be final and there shall be no subsequent proceedings. The Student Conduct Administrator will send a written notification of the resolution to all parties involved.
   4. If the Complaint is not handled administratively under Part II.F.3.c above, the Student Conduct Administrator will meet with the Accused Student to determine if the Accused Student admits or denies violating institutional rules.
      1. If the Accused Student admits violating institutional rules, but sanctions are not agreed to, a Student Conduct Board hearing shall be conducted in accordance with Part II.F.4 but shall be limited to recommending the appropriate sanction(s) Part II.G.
      2. If the Accused Student denies violating University rules, the Student Conduct Administrator refers the allegations for a hearing before the Student Conduct Board under Part II.F.4 below.
   5. A Student Conduct Board hearing shall be scheduled within thirty (30) business days after the Accused Student has met with the Student Conduct Administrator under Part II.F.3.d. seen above. In cases in which an examination period intervenes between the time of the notice to the Accused Student and the Student Conduct Board hearing date, such hearing will be held during the first week in which classes are again in session. In the case of inclement weather, the chair of the Student Conduct Board will notify all parties of any cancellations or schedule changes.
4. Student Conduct Board Hearings
   1. Closed Hearing
      A Student Conduct Board hearing will be conducted in closed session with the complainant(s), accused student(s) or student organization representative(s), and Student Conduct Board members, and Student Conduct Administrator present. Requests for an advisor for the accused student and witnesses should be made in advance to the Student Conduct Administrator.
   2. Hearing Notice
      At least fifteen (15) business days prior to the Student Conduct Board hearing, the Chair of the Student Conduct Board will provide written notice to the parties of the following:
      1. Date, time and place for the hearing;
      2. Names of the members of the Student Conduct Board;
      3. Summary statement of the charge(s), or a copy of the complaint; and
      4. Request in writing that at least five (5) business days prior to the Student Conduct Board Hearing, the Accused Student and the Complainant submit the information outlined in Part II. F.4.d below
   3. Challenge
      An Accused Student and/or Complainant may challenge in writing the impartiality of any member of the Student Conduct Board up to three (3) business days after receiving the Hearing Notice by submitting their reasons for the challenge to the Student Conduct Administrator.
      
      Any member of the Student Conduct Board whose participation is challenged shall be required to establish to the Student Conduct Board Administrator or his or her designee that the member can serve with fairness and objectivity. If the member cannot establish his or her fairness and objectivity to the satisfaction of the Student Conduct Board Administrator, the member in question shall be removed and a substitute will be appointed by the Student Conduct Administrator. If such member is removed the Student Conduct Administrator, may in his or her sole discretion choose to reschedule the hearing.
       
   4. Evidence Submission
      At least ten (10) business days prior to the date scheduled for the Student Conduct Board hearing, the Complainant and the Accused Student must submit to the Chair of the Student Conduct Board the following information, if applicable. Requests for extensions to file information with the Student Conduct Board shall be submitted to the Chair.
      1. All pertinent records and exhibits;
      2. Written statements must be notarized (including Impact or Position Statements);
      3. A list of all witnesses, if any, who will be speaking on behalf of the Accused Student or Complainant; and
      4. The name of the advisor, if any, who may be present in an advisory capacity at the hearing. See Part II.F.4. i below.
   5. Evidence Exchange
      At least five (5) business days prior to the hearing, the Chair will provide each party with the information, if any, submitted by the other party.
   6. Separate or Joint Hearings
      A Student Conduct Board Hearing involving two or more Accused Students, may be conducted separately or jointly as determined by the Student Conduct Administrator. An accused student may request in writing to the Student Conduct Administrator a separate hearing up to three (3) business days after receiving the notice of hearing. The Student Conduct Board Administrator shall notify the student within three (3) business days the determination of the request.
   7. Recordings
      The University shall record all Student Conduct Board hearings. No recording will be made of the Board’s discussion or deliberations. Deliberations shall not be recorded. The record is University property. Pursuant to the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, the student will be allowed to review, but not to copy, the hearing record. 34 C.F.R. § 99.10 (2003). Neither the Complainant, the Accused Student nor any witnesses are permitted to make any independent record of the proceedings.
   8. Hearing Attendance
      The Complainant, Accused Student and their respective advisor, if any, shall be allowed to attend the portion of the Student Conduct Board Hearing at which information is received, excluding deliberations.
   9. Advisors
      The advisor must be a faculty, staff, or student of TTUHSC El Paso. However, if an Accused Student is also the subject of a pending criminal investigation, indictment or charge arising out of the same circumstances, he or she may be allowed to have an attorney serve as his or her advisor, at his or her own expense, to participate only in the same manner as any other advisor. If an advisor for the Accused Student is an attorney, an attorney from the Office of General Counsel may attend the Student Conduct Board Hearing on behalf of the University. TTUHSC El Paso will provide legal counsel for the Student Conduct Board as the Student Conduct Board Chair deems it necessary.
      
      The Complainant and/or the Accused Student is responsible for presenting his or her own information, and therefore, advisors are not permitted to speak or to participate directly or indirectly in any Student Conduct Board hearing before a Student Conduct Board. A student should select as an advisor a person whose schedule allows attendance at the scheduled date and time for the Student Conduct Board hearing, as delays will not be allowed due to the scheduling conflicts of an advisor, except at the discretion of the Chair upon written request seven (7) calendar days in advance of the date scheduled for the Student Conduct Board Hearing.
       
   10. Witnesses
       Members of the Student Conduct Board may question all witnesses, followed by the parties. Questioning by the Complainant and the Accused Student may be limited in the sole discretion of the Chair of the Student Conduct Board for such issues as preserving the civility of the hearing, avoiding redundant and irrelevant questioning, and/or providing for the efficient administration of the Hearing. Witnesses are permitted to attend the Student Conduct Board Hearing only during the time they are providing testimony, they are being questioned by the complainant, the accused or the committee unless the Student Conduct Board Chair, in their sole discretion determines otherwise.
       1. Parties’ Witnesses
          The Complainant and the Accused Student may arrange for witnesses to present pertinent information to the Student Conduct Board. The Complainant and the Accused Student are responsible for arranging for the voluntary attendance of his or her own witnesses.
       2. Board Witnesses
          In its sole discretion, the Student Conduct Board may call other witnesses not identified by the Accused Student or the Complainant. If prior to the hearing the Student Conduct Board anticipates calling additional witnesses, the Board shall notify the Chair of the Student Conduct Board. The Chair of the Student Conduct Board will then arrange for the voluntary attendance of the witnesses identified by the Student Conduct Board. The Chair of the Student Conduct Board shall notify the Accused Student and the Complainant of the additional witnesses. If any witness called by the Student Conduct Board intends to present written information to the Board, the Chair of the Student Conduct Board is responsible for forwarding such information to the Complainant, the Accused Student and the Student Conduct Board prior to the Hearing. No Board members shall have communication with any witnesses, except in the hearing with the Accused Student and Complainant present.
   11. Procedural Questions
       All procedural questions are subject to the final decision of the Chair of the Student Conduct Board. If a Student Conduct Board has not yet been appointed, the Student Conduct Administrator will issue a final decision in response to procedural questions.
   12. Deliberations
       If the Student Conduct Board concludes that all pertinent information has been received, the Student Conduct Board shall adjourn the Hearing to discuss, deliberate and prepare Findings and Recommendations. The Student Conduct Board will determine by a simple majority (more than half of the votes cast) of members present at a duly called meeting vote whether the Accused Student has violated any section of the Code which the student is charged with violating. If the Student Conduct Board finds a violation(s) of the Code, the Student Conduct Board may also recommend all or any of the sanctions identified in Part II.G below.
   13. Failure to Appear
       The Accused Student is expected to attend and participate in the Student Conduct Board Hearing. If the Accused Student or the Complainant elects not to attend a hearing after appropriate written notice Section II.F.4.b above, the charges will be reviewed as scheduled on the basis of the information available, and a recommendation will be made by the Board. Although no inference may be drawn against an Accused Student for failing to attend a hearing or remaining silent, the hearing will proceed and the conclusion will be based on the evidence presented. No decision shall be based solely on the failure of the Accused Student to attend the hearing or answer the charges.
   14. Findings and Recommendations
       The Chair is responsible to prepare the Student Conduct Board’s Findings and Recommendations in writing. If the Findings and Recommendations are not unanimous, opinion(s) may be written by those who differ with the Majority’s Findings and Recommendations. The Chair will forward the Findings and Recommendations, including differing opinion(s), within ten (10) business days to the Assistant Vice President for SSSE, the Student Conduct Administrator, the Accused Student and the Complainant.
   15. Review of Findings and Recommendations
       The Assistant Vice President for SSSE will review the Findings and Recommendations of the record from the Student Conduct Hearing, recording and supporting documents, and transmit his or her decision in writing within ten business days from receipt to the Accused Student, the Complainant, the Student Conduct Administrator, and the Chair of the Student Conduct Board.
   16. Appeal
       Within ten business days of receipt of the decision of the Student Conduct Board, if either party believes that the due process procedures have been violated, an appeal may be made, in writing, to the Vice President for Academic Affairs (VPAA). The VPAA will review the case and notify all parties of their decision within ten business days. If a written appeal is not submitted within ten business days following receipt of the Student Conduct Board decision letter, the right to appeal is thereby waived and said decision is final.
       
       The Accused Student or Complainant may only raise, and the VPAA shall only consider, the following:
       1. Whether a procedural deviation occurred that substantially affected the outcome of the case;
       2. Whether there is new information sufficient to alter the Findings or other relevant facts not available or mentioned in the original hearing, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Board hearing.
       3. The VPAA will review the Findings and Recommendations and, at their sole discretion, the record from the Student Conduct Board hearing and supporting documents, and transmit their decision in writing to the Accused Student, the Complainant, the Student Conduct Administrator, the Chair of the Student Conduct Board, and the Assistant Vice President of SSSE. The VPAA’s decision shall be final.

G. Sanctions

Any student found to have engaged in misconduct may be assigned sanction(s). The sanctions are designed to educate students in critical reflection of their choices, as well as educate and develop students thought a process of accountability that promotes integrity, responsibility, growth and a culture of care.

Sanctions which may be recommended by the Student Conduct Board, and imposed by the Assistant Vice President for SSSE, upon any student found to have violated this Code of Professional and Academic Conduct include, but are not limited to, the following:

1. Student Sanctions
   1. Failing Grade or Cancellation of Credit
      Failing grade for an examination or assignment or for a course, and/or cancellation of all, or any portion, of a prior course credit.
   2. Censure
      A notice in writing to the student that the student is in violation or has violated institutional regulations. At the Student Conduct Board’s’ discretion, the censure may remain permanently in the student’s disciplinary file or be removed at graduation if certain conditions are met.
   3. Probation
      A written reprimand for violation of specified regulations. Probation is for a designated period of time and includes the likelihood of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period.
   4. Loss of Privileges
      Denial of specified privileges for a designated period of time.
   5. Restitution
      Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
   6. Discretionary Sanctions
      Assignments may be made at the discretion of the Student Conduct Board, such as work assignments, essays, training, and service to the University, temporary suspension from a class or rotation site, an unexcused absence, a letter of unprofessional behavior in the student’s disciplinary file or other related discretionary assignments.
   7. Suspension
      Separation of the student from University for a defined (or specific) period of time, after which the student is eligible to return. Conditions for reenrollment or readmission must be specified. (During the time of disciplinary suspension, the notice is placed in the student’s permanent file.)
   8. Institutional Dismissal.
      Student Conduct Board decisions of dismissal of the student from the institution without the option to apply for readmission to any School in the University. The student’s transcript will include a notation of dismissal for non-academic and non-financial reasons and the date of the action or appeal decision.
   9. Revocation of Admission
      Admission to the University may be revoked for fraud, misrepresentation or other violations of University standards.
   10. Revocation of Degree
       A degree awarded by the University may be revoked for fraud, misrepresentation or other serious violations committed by a student prior to graduation.
   11. Withholding Degree
       The University may withhold awarding a degree otherwise earned until the completion of the process set forth in a Student Conduct Board decision.
   12. Multiple Sanctions
       More than one of the sanctions listed above may be imposed for any single violation.
   13. Not eligible for re-enrollment
       The Student Conduct Board will specify whether the student is eligible for re-enrollment.
   14. Other Sanctions
       Any other sanction(s) which may be appropriate under the particular circumstances of the violation.
       
       Other than dismissal from the University or revocation of a degree, Student Conduct Board decisions shall not be made part of the student’s permanent education record, but shall become part of the student’s disciplinary record which is maintained in the TTUHSC El Paso Student Services and Student Engagement office. Where professionalism matters are involved, a copy of a Student Conduct Board decision may be maintained in the disciplinary file of the respective school.
       
       NOTE: State law mandates that the student’s transcript a) may be withheld pending investigation and b) include a notation regarding ineligibility to return due to disciplinary processes (e.g. withdrawal, dismissal, suspension): See TX HB 49 and 1734 (2019).
2. Student Organization Sanctions
   The following sanctions may be imposed upon registered student organizations and/or members thereof:
   1. Those sanctions as listed in Part II. G.1. above;
   2. Loss of selected rights and privileges for a specified period of time;
   3. Organizational deactivation; Loss of all privileges, including University recognition and/or registration, for a specified period of time.

H. Interpretation and Revision

1. General Policy
   1. Any question of interpretation or application of this Code shall be referred to the Student Conduct Administrator or his or her designee for final determination.
   2. The Code of Professional and Academic Conduct Review Committee (Review Committee) shall conduct an annual review of the Code and make recommendations to the Academic Council, Vice President for Academic Affairs and President regarding omission, clarifications, constructive changes and other matters relevant to the interpretation and operation of the Code. The Review Committee is composed of the Assistant Vice President for Student Services and Student Engagement (SSSE), the Student Conduct Administrator (if different than the AVP) and Student Affairs representatives from each School. The Assistant Vice President for SSSE may invite recommendations by the President of the Student Government Association. A quorum for the Review Committee is four members.
2. Definitions
   1. “Accused Student” means any student accused of violating the TTUHSC El Paso Code of Professional and Academic Conduct set forth in Part II of this Handbook. This term may also may refer to a registered student organization.
   2. “Business day” means a day in which the University normally carries on business or business operations, but excludes weekends and official University holidays.
   3. “Complainant” means a member of the University community who submits a Complaint alleging that a student violated the Code of Professional and Academic Conduct. When a student believes that he or she has been a victim of another student’s misconduct, the student who believes that he or she has been a victim will have the same rights under the Code as are provided to the Complainant, even if the victim is not acting as a Complainant.
   4. “Complaint of Misconduct” or “Complaint” means a formal, written charge against a student(s) or student organization(s) alleging violation(s) of the Code of Professional and Academic Conduct. The incident form for a complaint against a student or students is attached to this Handbook as Attachment A. The incident form for a complaint against a student organization is attached to this Handbook as Attachment C. An anonymous complaint or a complaint filed by a person who is not a member of the University community shall not constitute a Complaint of Misconduct. However, such a complaint may initiate an investigation and/or filing of a formal complaint by an appropriate University official.
   5. “Disciplinary good standing” is defined as relating to a student not currently on disciplinary probation or suspension.
   6. “Faculty member” means any person hired by the University who is considered by the University to be a member of its faculty.
   7. “Hold” means the indicator placed on a student’s official academic record which prevents registration, financial aid, university services, and/or the issuance of an unofficial and/or official transcript until the student meets the requirements of the University office placing the hold, as described in this Handbook and/or in School’s catalogs or handbooks.
   8. “May” is used in the permissive sense.
   9. “Member of the University community” means any person who is a campus visitor, volunteer including high school students, enrolled student, faculty or staff member, University official, any other person employed by the University.
   10. “Policy” means the written regulations, standards and/or rules of the University as found in, but not limited to, the TTUHSC El Paso Institutional Student Handbook; School handbooks and/catalogs; and/or the TTUHSC El Paso Operating Policies and Procedures.
   11. “Department Chair” means the Chair is charged with overseeing Department administrative support, and serving as an interface between faculty and the administration of the School and TTUHSC El Paso.
   12. “Registered student organization” means any number of students who have complied with the formal requirements for University registration.
   13. “Religious holy day” means a holy day observed by a religion whose places of worship are exempt from property taxation under Texas Tax Code - TAX § 11.20. Religious Organizations. The term “Religious Holy Day” generally means a day on which the tenets of said religion prohibit class attendance or the completion of specific assignments on designated dates. See Texas Government Code section 62.112.
   14. “Representative” means a University official authorized by the Vice President for Academic Affairs or Assistant Vice President for Student Services and Student Engagement (SSSE) on a case-by-case basis to investigate and resolve alleged violations of the Code of Professional and Academic Conduct.
   15. “School” means Gayle Greve Hunt School of Nursing, Graduate School of Biomedical Sciences, Paul L. Foster School of Medicine, or Woody L. Hunt School of Dental Medicine.
   16. “Shall” is used in the imperative sense.
   17. “Sponsorship and/or co-sponsorship” is defined as minimally including, but not limited to, participation in planning, coordination and implementation directed by members of the sponsoring organizations.
   18. “Student” means any person enrolled in a degree program and/or for credit courses at the University, either full-time or part-time. In addition, for purposes of Part II of this Handbook, persons who withdraw or who are on a leave of absence (approved interruption of continuous enrollment) but have a continuing relationship with the University are considered to be students. Individuals who have been accepted for admission are also considered students under this Handbook. Foster School of Medicine House staff (residents) are considered employees and are not students for the purposes of this Handbook or the Code of Professional and Academic Conduct.
   19. “Student Code” means the TTUHSC El Paso Code of Professional Conduct, which is set forth in Part II of this Handbook.
   20. “Student Conduct Administrator” means a TTUHSC El Paso official authorized by the Assistant Vice President for Student Services and Student Engagement (SSSE) to receive complaints and administer the procedures outlined herein. The Student Conduct Administrator will provide technical assistance and support to the Student Conduct Board and may be present at the Student Conduct Board Hearing, but will not be present during the Board’s deliberations.
   21. “Student Conduct Board” or “Board” means any person or persons authorized by the Student Conduct Administrator to determine whether a student has violated the Student Code and to recommend sanctions that may be imposed when a rules violation has been committed. All persons serving on the Student Conduct Board must acknowledge an ability to be able to serve objectively and shall decline to serve if there is a conflict of interest or an appearance of a conflict of interest with either the Accused Student or the Complainant. When a person declines to serve because of a conflict of interest, or appearance thereof, the Student Conduct Administrator shall appoint another person with the same or similar faculty/student status as the person declining to serve. Student Conduct Boards will include:
       1. One (1) faculty member from the membership of a school other than that of the accused student, who shall serve as Chair;
       2. One(1) faculty member from the School of the accused student;
       3. One (1) faculty member from a School other than that of the accused student; and,
       4. Two (2) students from Schools other than that of the accused student.
   22. “Student Conduct Board Hearing” or “Hearing” refers to an administrative process whereby a student contests the facts upon which charges of inappropriate conduct, violations of the Code of Professional and Academic Conduct and/or sanctions resulting from an alleged violation(s) are based. At the hearing, information is presented to the Student Conduct Board in order to determine whether a student’s responsibility related to the alleged violation of the Code is valid and appropriate sanctions, if any.
   23. “Student Handbook” or “Handbook” means the TTUHSC El Paso Institutional Student Handbook. Schools also have “Handbooks” that are labeled specifically with the School title in front of “Handbook”.
   24. “Student organization” means any number of students who have complied with the formal requirements for TTUHSC El Paso registration.
   25. “University” means TTUHSC El Paso (inclusive of all teaching and clinical sites and their components).
   26. “University official” means any person employed by Texas Tech University System, Texas Tech University or TTTHSC El Paso, while performing their assigned administrative or professional responsibilities.
   27. “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks).
   28. “User” means any member of the University community who uses any University resources, including computing and/or networking resources.
   29. “Will” is used in the imperative sense.