Withdrawal of Consent

The University may take immediate interim actions to eliminate hostile environments, prevent reoccurrence, and address any effects on the Complainant and university community prior to the initiation of formal Investigation and/or formal conduct procedures. These interim steps will be taken to minimize the burden on the Complainant while respecting due process rights of the Respondent. Remedies for students may include, but are not limited to counseling services, modifications to parking permissions, and modifications to academic schedule. Remedies will be evaluated on a case- by-case basis.

Interim Actions  

The University may impose restrictions and/or separate a student from the university community pending the completion of the conduct process for alleged violation(s) of the TTUHSC Student Handbook when a student represents a threat of serious harm to others that is deemed a continuous threat, is facing allegations of serious criminal activity, to preserve the integrity of an Investigation, to preserve University property and/or to prevent disruption of, or interference with, the normal operations of the University. Interim actions can include separation from the institution or restrictions pending the completion of the conduct process for alleged violation(s) of the TTUHSC Student Handbook. Through an interim action or during an interim suspension, a student may be denied access to the University campuses/facilities/events. As determined appropriate by the Provost or designee, this restriction may include classes and/or all other University activities or privileges for which the student might otherwise be eligible. At the discretion of the Provost or designee, and with the approval of, and in collaboration with, the appropriate Dean(s), alternative coursework options may be pursued to minimize impact on the responding student. Interim action(s) or an Interim Suspension(s) are not sanctions; such action(s) are taken in an effort to protect the safety and well-being of the Complainant, Respondent, and/or other members of the University Community. Interim action(s) is/are preliminary in nature; it is in effect only until the conduct process has been completed. However, violations of interim action may result in additional violations of the TTUHSC Student Handbook. A student who receives an interim action(s) or interim suspension may request a meeting with the Provost or designee to demonstrate why an interim action(s) or suspension is not merited. Regardless of the outcome of this meeting, the University may still proceed with conducting an Investigation and the scheduling of a hearing.

1. No Contact Order. When initial inquiry indicates persistent and potentially escalating conflict between members of the University community, a No Contact Order may be issued as a remedial, non-punitive deterrent to further conflict or situational complication. A No Contact Order will be issued by the Provost or designee via the student’s official TTUHSC  email. The notice serves as an official directive that the student(s) have no contact with the other listed parties. Contact cannot occur in person, by telephone, email, text message or other electronic means of communication, or through a third party (other than an attorney). Should contact need to occur, the student should coordinate with the Office of the Provost. This notice may also come with other information related to changes in class schedule or other restrictions to facilitate the no contact order. Failure to comply with the no contact order may result in additional disciplinary action, including possible suspension or expulsion. Violations of No Contact orders may also result in immediate temporary suspension pending the completion of the conduct process. The term of a No Contact Order is “one year from the date of issuance, or the graduation of one or both parties, whichever comes first.”
2. Immediate Temporary Suspension.  A student may be temporarily suspended pending completion of conduct procedures if, in the judgment of the Provost or designee the physical or emotional well-being of a student or other students or members of the University community could be endangered or if the presence of the student could significantly disrupt the normal operations of the University. The Provost or designee will initiate appropriate conduct procedures to address the disruptive behavior within five (5) University working days from the date of temporary suspension. Initiation of appropriate conduct proceedings includes but is not limited to informing parties that an investigation has begun via a “Notice Letter.” Upon Immediate Temporary Suspension, the student may no longer attend classes, use University services and/or resources, and is not allowed to be on campus until the conduct proceedings have been concluded or the Interim Action has been modified. Any instances whereby the student should need to return to campus must be coordinated through the Office of the Provost and the Texas Tech Police Department. Conduct, on or off campus, that may result in immediate temporary suspension: i. A significant and articulable threat to the health or safety of a student or other member(s) of the University community that is deemed a continuous threat; ii. Sexual assault, other forms of sexual misconduct, stalking, and relationship violence that are creating a hostile environment for the Complainant and the remedy for the harassment requires temporary separation; iii. Criminal felony charges related to weapons, drugs, aggravated assault, and/or terroristic threats; iv. Severe disruption in the academic community related to erratic behavior, threats, property damage, and/or speech with another student which loses legal protection, where the offending student is uncooperative with staff requests; v. Violation of a No Contact Order; vi. Retaliatory harm, discrimination, or conduct that meets the legal definition of harassment. In the event an Immediate Temporary Suspension is issued, a student may request a review of the Immediate Temporary Suspension by the Provost or designee. A student may request a review of an Immediate Temporary Suspension or Interim Action for off campus courses and activities by the Provost or designee. At the discretion of the Provost or designee, modifications can be made to an Immediate Temporary Suspension or Interim Action that impacts off campus courses and/or activities on a case-by-case basis.
3. Other Interim Actions. In the event that the physical or emotional well-being of a student, other students, or members of the University community could be endangered, or if the presence of the student could significantly disrupt the normal operations of the University, other interim actions may be taken to protect the educational environment. These actions include, but are not limited to, temporary changes in a student’s academic schedule, and temporary restrictions from University activities, services and/or buildings, and representing the University. Non-Student Interim Actions. Any guest to the University who is alleged to have violated university policies and/or is deemed to pose a threat to the physical and/or emotional well-being of a student or other members of the University community and/or the presence of an individual could significantly disrupt the normal operations of the University, the Texas Tech Police Department will issue a Criminal Trespass to that individual(s).

NOTE: Students of Texas Tech University may be held responsible for actions of their guests.

Recommendation to Withdraw Consent During Periods of Disruption

1. 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. Threats of destruction to University premises;
   2. Physical or emotional injury to human life on University premises; or,
   3. Threats of willful disruption of the orderly operation of the University.
2. During periods of disruption, the Department Chair within the applicable School may recommend to the Dean that prior to a Student Conduct Board Hearing, 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 their presence on University premises will constitute a substantial and material threat to the orderly operation of the University premises, in accordance with Texas Education Code, Section 51.233.
3. Withdrawal of Consent shall not be longer than fourteen (14) days from the date on which consent was initially withdrawn.
4. 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, dismiss, or expel any student or employee 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 Student Code, and Withdraw of Consent also occurs, the procedures set forth in Parts II and III may occur concurrently.

Concurrence by Dean

1. If the Dean concurs with the Department Chair’s recommendation, the student will have their consent to be in attendance at the University or on University premises withdrawal in writing by the Dean. Texas Education Code § 51.233(a) & 51.234.
2. The written notice by the Dean shall contain all of the following:
   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 Dean of a request for hearing from the person.
3. Whenever consent is withdrawn by the Dean, the Dean shall submit a written report to the Provost within twenty-four (24) hours, unless the Dean has reinstated consent for the student. The report shall contain the following:
   1. Description of the student, including, the student’s name, address, and phone number; and,
   2. Statement of the facts giving rise to the Withdrawal of Consent.

Confirmation by Provost

1. If the Provost or their designee, upon reviewing the Dean’s written report 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 the student’s presence on University premises will constitute a substantial and material threat to the orderly operation of the campus or facility, the Provost or their designee may enter written confirmation upon the report of the action taken by the Dean. Texas Education Code § 51.236 (b).
2. If the Provost or their designee does not confirm the action taken by the Dean 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 to have been made for probable cause.

Hearing

1. The student from whom consent to remain on campus has been withdrawn may submit a written request for a hearing to the Provost 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. The student shall be entitled to the following procedures in accordance with the Texas Education Code, Sections 51.234 and 51.243.
   1. Hearing Notice. Upon receipt of the request for hearing, the Provost or their 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 not later than three (3) days from the date that the Provost receives the request for hearing. The Hearing Committee will be appointed by the Provost or their designee and will be comprised of members from Schools other than that in which the Accused is enrolled.
   2. Representation. The student may be represented by counsel. The University will be represented by the Office of General Counsel.
   3. Witnesses. Both the student and the Department Chair who recommended consent be withdrawn have the right to call, question witnesses, and 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 allows otherwise. Following the hearing, the student shall be advised of the content of the statements from witnesses, and the names of the persons who made them, at the hearing.
   4. Evidence. All evidence upon which the decision to withdraw consent may be based shall be introduced 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 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.
   5. Procedural Questions. All procedural questions are subject to the final decision of the Chair.
   6. Recordings. The University shall record, either digitally or through audiotape, or otherwise as deemed appropriate all Hearings until such time that the Hearing Committee begins discussion and deliberation and prepares Findings and Recommendations. Deliberations shall not be recorded. The record is University property.
   7. Appeal to Provost. The student may appeal the decision within three (3) days from the date of the decision by sending a written appeal to the Provost. The Provost or their designee will review and render a decision within seven (7) days. If the student does not appeal the decision by the hearing committee, the decision is finalized.
   8. Appeal to the President. If the student is not satisfied with the decision by the Provost or their designee, the student may appeal to the President by sending a written appeal to the President, with a copy to the Provost, within three (3) days from the date of the Provost or their designee’s decision. If the student does not appeal the decision, the Provost or their designee’s decision is final. If the student appeals to the President, the decision by the President is final.