Withdrawal of Consent

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Conduct Board Hearing, a student have their consent to be in attendance at the University or on University premises be withdrawn when there is reasonable cause to believe that the student has willfully disrupted the orderly operation of University premises and that their presence on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 Withdrawal of Consent shall not be longer than fourteen (14) days from the date on which consent was initially withdrawn.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 That consent to remain on the campus has been withdrawn and the number of days for which consent has been withdrawn, not to exceed fourteen (14);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.