Code of Professional Conduct (“Student Code”)

General Policy 

1. 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 has developed standards of behavior pertaining to students and student organizations.
2. Students and student organizations are subject to disciplinary action according to the provisions of the Student Code and/or any other applicable University rules or regulations.
3. Each studentisresponsible for becoming familiar with the variousregulations of the University and meeting the various requirements outlined below. Written policies are described in University publications such as this Handbook and the Schools’ individual catalogs. Each student, in accepting admission, indicates a willingness to subscribe to and be governed by the rules and regulations of University officials to take such disciplinary action, including suspension, dismissal, or expulsion, as may be deemed appropriate for failure to abide by such rules and regulations.
4. Each student is responsible for their own integrity, and is likewise responsible for reporting possible violations of this Student Code by other students. Faculty and staff are also responsible for reporting violations

Disciplinary Jurisdiction 

1. The Student Code 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 to which a student is enrolled and/or the missions of 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,shall determine whether the Student Code should be applied to conduct occurring off premises.
2. All students are expected to comply with the professional and ethical standards of each school in which they are enrolled and the TTUHSC Student Code. Such compliance shall be implicit upon 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 during periods between terms of actual enrollment. The Student Code shall apply to persons who withdraw after alleged violation of the Code, who are not officially enrolled for a particular term but who have a continuing relationship with the University, or who have been notified of their acceptance.

Violation of Law and TTUHSC Discipline 

A disciplinary proceeding may be instituted against a student regardless of whether conduct allegedly violates either the criminal and/or civil law and/or this Student Code (that is, multiple violations may result from the same factual situation) without regard to the pendency or conclusion of civil litigation or criminal arrests or charges. Proceedings under this Student Code may be carried out prior to, simultaneously with, or following civil and/or criminal proceedings at the discretion of the Dean of each School. Determinations made or sanctions imposed under the Student 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.

NOTE: State law will be strictly enforced at all times on all property controlled by the University and isinclusive of all regional sites and its components.

Misconduct

Any student or student organization found to have committed the following misconduct is subject to disciplinary sanctions, conditions, and/or restrictions. 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 or 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 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. 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. TTUHSC OP 10.30 outlines regulations for the carrying of concealed handguns by licensed holders.
   
   As a health-related educational institution, TTUHSC facilitates a complex composition of activities, which include education, patient care, research, and community engagement. As such, TTUHSC 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 is committed to the following principles for the campus environment:
   1. TTUHSC will comply with all necessary laws and regulatory requirements regarding safety and security on its campuses;
   2. Within reasonable effort, TTUHSC will create an environment in which all stakeholders can conduct their business with a sense of personal and collective safety and security;
   3. TTUHSC 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, 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 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 that endangers the health or safety of any person, including, but not limited to, a member of the University community.
   3. Behavior that disrupts the normal operation of the University, including, but not limited to, a member of the University community; or conduct that otherwise interferes with or creates a hostile or intimidating environment for a member of the University community’s 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: Sexual Misconduct is a broad term encompassing all forms of gender-based harassment or discrimination and unwelcome behavior of a sexual nature. The term includes Sexual Harassment, Nonconsensual Sexual Contact, Nonconsensual Sexual Intercourse, Sexual Assault, Sexual Exploitation, Stalking, Public Indecency, Interpersonal Violence, sexual violence, and other misconduct based on sex.
   5. 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.
   6. Actions involving freedom of expression are covered in Parts VII and VIII of this Handbook and governed by O.P. 61.07, Use of TTUHSC Premises and Amplification Equipment.
6. Gambling, Wagering, or Bookmaking
   1. Gambling, wagering, or bookmaking on University premises is prohibited.
7. Hazing
   1. ​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 brutality, 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 the student;
      3. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student;
      4. Any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subdivision;
      5. Any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code;
      6. 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 affairs office;
      7. 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 commit or assist in the commission of hazing; or,
      8. Any act that is unlawful as designated by local, state, or federal government. See Texas Education Code, Sections 37.151-37.157 and Section 51.936.
8. False Alarms or Terrorist Threats
   1. ​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 Defibrillators (AED), or emergency signs on University premises.
9. Financial Irresponsibility
   1. ​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.
    4. Use of the University’s name to advertise or promote events or activities in a manner that suggests sponsorship by the University without prior written permission.
11. Traffic and Parking
    1. ​Violation of TTUHSC Parking Services regulations.
    2. Obstruction of the free flow of vehicle, pedestrian, or other traffic on University premises.
12. Failure to Comply with Reasonable Directions or Requests of University Officials
    1. ​Failure to comply with the reasonable directions or requests of a University official acting in the performance of their duties.
13. Failure to Present Student Identification
    1. ​The failure to present student identification to any University official upon request and identify oneself to a University official acting in the performance of their duties. The student identification card is 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.
14. Abuse, Misuse or Theft of University Computer Data, Programs, Time, Computer or Network Equipment
    (OP 56.01 - Acceptable Use of Information Technology Resources)
    1. Unauthorized use of computing and/or networking resources.
    2. Use of computing and/or networking resources for unauthorized or non-academic purposes.
    3. Unauthorized accessing or copying of programs, records, or data belonging to the University or another user or copyrighted software without permission.
    4. Attempted or actual breach of the security of another user’s account and/or computing system, depriving another user of access to University computing and/or networking resources, compromising the privacy of another user, or disrupting the intended use of computing or network resources.
    5. Attempted or actual use of the University’s computing and/or networking resources for personal or financial gain.
    6. Attempted or actual transport of copies of University’s programs, records, or data to another person or computer without written authorization.
    7. 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.
    8. 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).
    9. Allowing another person, either through one’s personal computer account, or by other means, to accomplish any of the above.
15. Providing False, Misleading, or Untrue Statements Misuse of Records
    1. ​Knowingly providing to the University, or 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.
16. Skateboard, Roller Blades, or Similar Devices
    1. ​Use of skateboards, roller blades, 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. Also refer to TTUHSC OP 76.32, Traffic and Parking Regulations.
17. 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 of this Handbook). Failure to do so may result in disciplinary action. Faculty and staff are likewise responsible for reporting 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 whole or part the contents of an examination, test key, homework solution, or computer program;
       4. Seeking aid, receiving assistance from, or collaborating with another student or individual during a course, quiz, test, examination, or in conjunction with other assignment (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 or 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 thing 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 instructor 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 the written permission of the instructor of the course for which the work is being submitted.
       17. Possession, 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 that work as one’s own work 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, the awarding of a degree, grade reports, test papers, registration materials, grade change forms, and reporting forms used by the Office of the Registrar.
    6. “Misrepresenting facts” to the University or an agent of the University includes, but is not limited to, providing false grades or 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. For additional information relating to the School of Medicine Academic Misconduct procedures, please refer to the School handbook.
18. Violation of Published University Policies, Rules, or Regulations
    1. ​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 School, such as student handbooks, catalogs, professional and ethical standards, and course syllabus.
19. Violation of any Provisions of Federal, State and/or Local Laws
20. Abuse of the Discipline System
    1. ​Failure by an accused to comply with or respond to a notification to appear before the Dean of their School, Dean’s representative, and/or an official of the University, including, but not limited to, 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 disciplinary procedure and/or failure to appear will not prevent the Dean, Dean’s representative, and/or an official of the University from proceeding with disciplinary action;
    2. Falsification, distortion, or misrepresentation of information in disciplinary proceedings.
    3. Disruption or interference with the orderly conduct of a disciplinary 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 discipline system.
    6. Influencing, or attempting to influence, the impartiality of a member of a disciplinary body prior to and/or during the disciplinary proceeding.
    7. Harm, threat of harm, or intimidation either verbally, physically, or written of a member of a disciplinary body prior to, during, and/or after disciplinary proceeding.
    8. Failure to comply with the sanctions, conditions, or restrictions imposed under this Student Code.
    9. Influencing or attempting to influence another person to commit an abuse of the discipline system.
    10. Retaliation against any person or group who files a complaint of misconduct in accordance with the Student Code or grievance under the applicable School grievance policy.

Other Professional and Ethical School Standards

In addition to the misconduct identified in Part II.D of this Handbook, each School shall prescribe professional and ethical standards in their School handbook, the violation of which may form the basis of a disciplinary action.

Graduate School of Biomedical Sciences

All students entering the Graduate School of Biomedical Sciences are required to subscribe to the Student Handbook Code of Professional Conduct as well as the policies and standards described in the Graduate School of Biomedical Sciences Catalog. GSBS students will make every effort to embrace the Values-Based Culture with conduct that is ethical, honest, respectful, and professional to all.

School of Medicine

All students entering the TTUHSC School of Medicine are required to subscribe to the Medical Student Honor Code, as well as the Student Code. Adherence to the Medical Student Honor Code and the Student Code is considered a requirement for admission to the School of Medicine.

School of Nursing

All students entering into the TTUHSC SON are required to subscribe to the standards and codes of the profession. Additionally, upon matriculation into the TTUHSC SON, all students are required to adhere to TTUHSC Student Code.

Jerry H. Hodge School of Pharmacy

The following principles of professional conduct are established to guide pharmacists in relationships with patients, fellow practitioners, other health professionals, and the public. A Pharmacist should hold the health and safety of patients to be of first consideration and should tender to each patient the full measure of professional ability as an essential health practitioner.

School of Health Professions

All students entering the School of Health Professions are required to subscribe to the Student Handbook Code of Professional Conduct, as well as the policies and standards described in the School of Health Professions Handbook. As a student of the School of Health Professions at the Texas Tech University Health Sciences Center, I will use my knowledge and skills responsibly to improve the quality-of-life tor those we serve. I will seek in all academic, professional and personal endeavors to demonstrate ethical behavior, honesty, integrity and respect for others.

Julia Jones Matthews School of Population and Public Health

All students entering the JJMSPPH are required to subscribe to the Student Handbook Code of Professional Conduct as well as the policies and standards described in the JJMSPPH Catalog. Students will make every effort to embrace the Values-Based Culture with conduct that is ethical, honest, respectful and professional to all.

Disciplinary Procedures

Academic issues, such as grading and promotion issues, should be addressed by each school’s policies and procedures.

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 individual 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 mail will be considered to have been received on the third calendar day after the date of mailing, excluding any intervening Saturday, Sunday or holiday.

3. Filing A Complaint
   1. Any faculty, staff, or student of TTUHSC may file a Complaint against a student or a student organization for violation of the Student Code. A preliminary investigation/discussion with a supervisor (program director, chair, etc.) must be done prior to filing a Complaint. If a basis for the Complaint exists, a student grievance should be completed and submitted at https://www.ttuhsc.edu/student-affairs/grievances.aspx by the Complainant. 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 and will be accepted on a case-by-case basis as determined by the Student Conduct Administrator.
   2. When a Complaint is filed, the Student Conduct Administrator will provide the Accused with the Complaint of Misconduct filed by the Complainant and will notify the Accused in writing that he or she shall appear before the Student Conduct Administrator to discuss the Complaint within five (5) business days from the date of the letter.
   3. The Student Conduct Administrator may conduct an informal meeting to determine if the complaint may be disposed of prior to a formal hearing. Any informal disposition must be in writing and agreed to by all of the parties. 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 disposed of administratively under Part II.F.3.c above, the Student Conduct Administrator will meet with the Accused to determine if the Accused admits or denies violating institutional rules.
      1. If the Accused admits violating institutional rules, but does not agree to sanctions, a Student Conduct Board Hearing shall be conducted in accordance with Part II.F.4, but shall be limited to recommending the appropriate sanctions Part II.G.
      2. If the Accused denies violating University rules, the allegations shall be referred by the Student Conduct Administrator 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 has met with the Student Conduct Administrator under Part II.F.3.d. above. In cases in which an examination period intervenes between the time of the notice to the Accused 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. Any request for an exception must be submitted in writing to the Chair of the Student Conduct Board, who shall render a final written decision.
   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. Name of the members of the Student Conduct Board, and
      3. Summary statement of the charges, or a copy of the complaint.
   3. Challenge. Both the Accused and 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. The challenging party shall with specificity, and clarity detail each reason for such challenge. The burden of proving the impartiality or inability of a Conduct Board member to serve lies solely upon the challenging party. If the challenging party establishes that the challenged members cannot serve with fairness and objectivity such member shall be removed and a substitute will be appointed by the Student Conduct Administrator. If such member is removed, the Student Conduct Administrator may 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 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 or Complainant;
      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, may be conducted separately or jointly as determined by the Student Conduct Administrator. An accused 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 accused whether a separate hearing will be granted within three (3) business days.
   7. Recordings. The University shall record - either digitally, through audiotape, or otherwise as deemed appropriate - all Student Conduct Board Hearings until such time that the Student Conduct Board begins discussion and deliberation and prepares its findings and recommendations. 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 nor any witnesses are permitted to make any independent record of the proceedings.
   8. Hearing Attendance. The Complainant, Accused, 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. However, if an Accused 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 their advisor, at their own expense, to participate only in the same manner as any other advisor. If an advisor for the Accused is an attorney, an attorney from the Office of General Counsel may attend the Student Conduct Board Hearing on behalf of the University. An attorney from the Office of General Counsel shall be provided for the Student Conduct Board as the Student Conduct Board Chair deems necessary.
      1. The Complainant and the Accused are responsible for presenting their 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.
   10. Witnesses. Questioning of witnesses will first be conducted by members of the Student Conduct Board, followed by the parties. Questioning by the Complainant and the Accused may be limited by the Chair of the Student Conduct Board for such issues as preserving the civility of the hearing, avoiding redundant and irrelevant questioning, and providing for the efficient administration of the Hearing. Witnesses are permitted to attend the Student Conduct Board Hearing only while they are providing testimony, they are being questioned by the Complainant, the Accused, or the Conduct Board unless the Student Conduct Board Chair, determines otherwise.
       1. Party Witnesses. The Complainant and the Accused may arrange for witnesses to present pertinent information to the Student Conduct Board. The Complainant and the Accused are solely responsible for arranging for the voluntary attendance of their own witnesses. The hearing will not be rescheduled to accommodate party witnesses.
       2. Board Witnesses. The Student Conduct Board may call other witnesses not identified by the Accused or the Complainant. If, prior to the hearing, the Student Conduct Board wishes to call witnesses, the Board shall notify the Chair of the Student Conduct. The Chair will then arrange for the voluntary attendance of the witnesses identified by the Student Conduct Board. The Chair shall notify the Accused 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 is responsible for forwarding such information to the Complainant, the Accused, and the Student Conduct Board prior to the Hearing. Throughout this process, Board members shall have no communication with any witnesses, except in the Hearing with the Accused 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 been appointed, the Student Conduct Administrator will issue a final decision in response to procedural questions.
   12. Deliberations. Once the Student Conduct Board receives all information, 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 and then vote whether the Accused has violated any section of the Student Code which the student is charged with violating. If the Student Conduct Board finds violations of the Student 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 is expected to attend and participate in the Student Conduct Board Hearing. If the Accused 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. No inference may be drawn against the Accused 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 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, opinions may be written by those who differ with the majority’s findings and recommendations. The Chair will forward the findings and recommendations, including differing opinions, within ten (10) business days to the Dean, the Student Conduct Administrator, the Accused and the Complainant.
   15. Dean’s Review. The Dean will review the Findings and Recommendations from the Student Conduct Hearing along with the audio recording and supporting documents, and transmit their decision in writing within ten (10) business days from receipt to the Accused, the Complainant, the Student Conduct Administrator, and the Chair of the Student Conduct Board. Actions of the Dean are not limited to sanctions recommended by members of the Student Conduct Board.
   16. Appeal. Within five (5) business days of receipt of the decision of the Dean, if either party believes that their due process procedures have been violated or that new information has become available, an appeal may be made in writing to the Provost of the University. The Provost or their designee will review the case and notify all parties of their decision within five (5) business days. If a written appeal is not submitted within five (5) business days following receipt of the Dean’s letter, the right to appeal is waived and the Dean’s decision will be finalized.
       
       The Accused or Complainant may only raise, and the Provost or their designee shall only consider, the following on appeal:
       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 or facts were not known to the person appealing at the time of the original Student Conduct Board Hearing.
   17. Provost’s Review. The Provost or their designee will review the findings and recommendations and, at their discretion, the record from the Student Conduct Hearing and supporting documents, and transmit their decision in writing to the Accused, the Complainant, the Student Conduct Administrator, the Chair of the Student Conduct Board, and the Dean. The Provost or their designee’s decision shall be final.

Sanctions

1. Any student found to have engaged in misconduct may be assigned sanctions. The sanctions are designed to engage students in critical reflection of their choices, as well as educate and develop students through a process of accountability that promotes integrity, responsibility, and growth. The Dean of the School will consider the nature of the misconduct, the impact of the misconduct on the University community, the circumstances surrounding the misconduct, and previous sanctions assigned to others for similar misconduct in determining sanctions. Repeated misconduct may result in more serious sanctions, including suspension or expulsion.
2. Sanctions which may be recommended by the Student Conduct Board and imposed by the Dean of the School upon any student found to have violated this Student Code include, but are not limited to, the following:
   1. Failing Grade or Cancellation of Credit. Failing grade for an examination or assignment or for a course, 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 Dean’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 regulations 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 board, such as work assignments, essays, training, service to the University, temporary dismissal from a class or rotation site, an unexcused absence, a letter of unprofessional behavior in the disciplinary file or other related discretionary assignments.
   7. Non-Academic Dismissal. Dismissal of the student from their current program, with or without the option to apply for readmission to the University. The student’s transcript will reflect the nature of the dismissal (Non-Academic Dismissal - Eligible to Re-Enroll or Non-Academic Dismissal - Ineligible to Re-Enroll).
   8. 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 readmission must be specified.
   9. Expulsion. Permanent removal from the University. An expelled student will be permanently barred from enrollment and permanently prohibited from entering any University premises. Expulsion may prohibit the student from being admitted to, enrolling at, or entering the campus of another component institution of Texas Tech University System without prior written approval of the institution at which the student wishes to attend or be present. An expelled student’s good standing is permanently removed. Expulsion is permanently noted on the student’s transcript (Expulsion: Ineligible to Re-Enroll). An expelled student may request reconsideration based on new information that was not available at the time of conference.
   10. Revocation of Admission or Degree. Any admission or degree granted by the University may be revoked for fraud, misrepresentation or other violations of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation. Revocation of degree is notated on the student’s transcript.
   11. Withholding Degree. The University may withhold awarding a degree otherwise earned until the completion of the process set forth in the Student Disciplinary Procedures.
   12. Criminal Trespass. In accordance with Texas Education Code, Section 51.242, a student who has been suspended or disarmed after a Student Conduct Board Hearing for disrupting the orderly operation of the campus or facility of the institution as a condition of the suspension or dismissal may be denied access to a University campus or facility, or both, for the period of suspension, and in the case of dismissal, for a period not to exceed one year.
   13. Other Sanctions. Any other sanctions which may be appropriate under the particular circumstances of the violation.
   14. Multiple Sanctions. More than one of the sanctions listed above may be imposed for any single violation.
3. Student disciplinary records shall be kept separate from the student’s education records by their School’s Office of the Dean. Exceptions to this rule include dismissal from the University and revocation or withholding of a degree. This section shall not prevent the University from complying with any regulatory agency or licensure board requirements regarding the reporting of disciplinary actions and/or student behavior.
   
   *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, expulsion); See TX HB 449 and 1735 (2019).
4. Education records shall include any records of the disciplinary process involving any accused, registered student organization, and student claiming to be the victim of misconduct.
5. The following sanctions may be imposed upon registered student organizations or members thereof:
   1. Those sanctions listed above in Part II.G.1 above.
   2. Loss of selected rights and privileges for a specified period of time.
   3. Deactivation. Loss of all privileges, including University recognition and registration, for a specified period of time.

Interpretation and Revision

1. Any question of interpretation or application of this Student Code shall be referred to the Dean of the appropriate School or their designee for final determination.
2. The Student Code Review Committee (Review Committee) shall conduct an annual review of the Student Code and make recommendations to the Provost regarding omission, clarifications, constructive changes and other matters relevant to the interpretation and operation of the Student Code. The Review Committee is composed of the Student Affairs representatives from each School. The Provost or their designee may invite recommendations by the President of the Student Government Association. A quorum for the Review Committee is four members.