Findings/Sanctions/Interim Actions

FINDINGS

No Finding

In these cases, an investigator has made a determination that the responding student is in no way involved in a violation of policy. The responding student's name will be cleared for purposes of third-party reporting, but the record of the investigation will be retained. This finding is not subject to any appeal.

Not Responsible

In these cases, a hearing officer or hearing board determines that insufficient evidence exists for a finding of “responsible” for any of the allegations. The case is closed and a record of the “not responsible” finding(s) is retained. In cases of sexual misconduct or other violence, complainants may accept the finding or elect to appeal.

Responsible

In these cases, a hearing officer or hearing board determines that sufficient evidence exists for a finding of “responsible” for any of the alleged violations. The responding student may accept both the finding and sanctions or may elect to appeal.

SANCTIONS

One or more of the following sanctions may be imposed for a Code violation.

  1. Warning. The student is warned of possible consequences of continuing such behavior. Warnings can be verbal or written.
  2. Conduct Review. Conduct review is an official warning that the student's conduct is in violation of the Code but is not sufficiently serious to warrant conduct probation, suspension or expulsion. A student on conduct review shall have their conduct under review for a specified period. This sanction may require regular meetings with an appropriate official to ascertain and evaluate compliance with student rules. Additional restrictions or conditions may be imposed, depending on the nature and seriousness of the misconduct. Students placed on this sanction remain in good standing with the university. If there is a finding of responsibility for subsequent violations of the Code during this period, more severe sanctions may be administered.
  3. Conduct Probation. Conduct probation is a period of review and heightened scrutiny during which a student is under an official notice that subsequent violations of the Code, university rules, regulations or policies are likely to result in a more severe sanction, including suspension or expulsion from the university. While on conduct probation, a student is deemed “not in good standing.” The terms of probation may involve restrictions on student privileges and/or set specific behavioral expectations.
  4. Suspension. Suspension means that a student is separated from the university for a definite period of time. The suspension takes effect when the appeal for the offense is exhausted, waived or the time limit has passed. Suspensions may go into effect immediately or may be deferred for a period of time. If the student is found in violation of any university rule during the time of deferred suspension, the suspension takes effect immediately without further review.
  5. Expulsion. An expulsion stipulates that the student may not return to the university.
  6. Conditions/Restrictions. The university may limit a student's university privileges for a period of time or require a student to complete a specified activity. This sanction may include but is not limited to:
    • a. Restricted access to the campus or parts of campus;
    • b. A no-contact order;
    • c. Denial of the right to participate in university-sponsored activities;
    • d. Denial of the right to represent the university in any way;
    • e. Removal from an elected or appointed university office or position;
    • f. Denial of campus housing or parking privileges;
    • g. Required attendance at a workshop;
    • h. Ineligibility for new member intake in a fraternity, sorority or organization;
    • i. Participation in community service; and
    • j. Any other privileges that are consistent with the violation and the development of the student.
  7. Other Sanctions. The university reserves the right to impose other sanctions as necessary to remain consistent with the mission and vision of the university. These may include but are not limited to mandated psychological or counseling assessment, research projects, drug/alcohol classes, restitution, etc.
  8. Parental Notification. The university may contact a student's parent, guardian or family member if deemed appropriate in accordance with the Family Educational Rights and Privacy Act. (FERPA). More information regarding FERPA can be found on the registrar's website at rm1gh.web-sitemap.mxy163.com/admissions/registrar/ferpa/default.aspx
    • International Students who receive a sanction of Suspension or Expulsion who are on an F-1 visa with a Form I-20 or J-1 visa with a Form DS-2019 issued by A&M-Commerce are subject to additional stipulations under the Department of Homeland Security. For more information, click here: http://www.dhs.gov/
    • Transcript Notation. A notation will be made on the student's academic transcript without exception or time limitation. The notation will differentiate between academic and conduct violations that lead to the assigned sanction [see TAMUS 11.99.02. R0.01 Conduct Notations for Transcripts].
    • Notation Removal. A student whose transcript notes a conduct suspension or an expulsion may request, in writing to the Office of Student Rights & Responsibilities, removal of the conduct notation. Request may be granted provided that:
      • The appropriate dean has determined that the student is eligible to re-enroll; or
      • Good cause exists to remove the notation.

INTERIM ACTIONS

The university may take interim actions as necessary to protect the community from a threat to the health or safety of the community as a whole, to any particular member of the community, or in cases where there may be a reasonable belief of a substantial disruption to the normal operations of the university. In all cases, the student subject to the interim action will be given an opportunity to discuss the interim actions with the Office of Student Rights & Responsibilities (or designee) on the necessity of the restriction within three university business days of the issuing of the restrictions, except those involving civil rights.

These actions may include but are not limited to:

Interim Suspension

A student (or organization) suspended on an interim basis is subject to all of the same restrictions as if they had been suspended as a final sanction.

Interim Restriction

A student (or organization) with interim restrictions may be denied access to campus premises (including classes), specific individuals, and/or all other university activities or privileges for which the student might otherwise be eligible. These restrictions may include but are not limited to restricted access to facilities, housing and/or events; no-contact orders with specific individuals; transcript holds, etc.; or any other restrictions deemed necessary by the Vice President of Student Affairs.

Detained Student.

The university shall delay a student conduct hearing if it is made aware that the student subject to possible discipline under the Code of Student Conduct is presently detained by law enforcement or is otherwise lawfully confined or imprisoned and not subject to release within a reasonable amount of time. In these instances, the student will receive a registration hold on their student account until the student conduct case is resolved. If the student is to be detained for more than 30 days or if the student is to be detained until the end of the current semester, A&M-Commerce will attempt to contact the student to notify them of their options regarding enrollment and withdrawal. The student may designate someone to remove their personal property from their assigned residence hall, if applicable. Should a student choose to withdraw during their detainment, a transcript hold will be placed on their registration account in addition to the registration hold. The student's conduct case will be adjudicated upon re-enrollment at the university. The responsibility for timely withdrawal from classes remains with each student, regardless of the reason for the withdrawal. Nothing in this provision alters that responsibility.

STUDENT ORGANIZATION SANCTIONS

Student organizations are subject to sanctions for failure to meet the responsibilities of group membership. These may include but are not limited to:

Social Probation

Social probation includes the removal of all social privileges from an organization due to violations of the Code, including but not limited to:

  1. Participation in intramural activities and/or in yard/step shows, and
  2. Hosting events/parties under the student organization's name, new member presentations/shows, running of the hill, and/or being involved in activities that are not educational, philanthropic or providing a service to the community.

Conduct Probation

Conduct probation includes social probation and ineligibility to be considered a registered student organization on campus and/or participate in council activities and/or participate in new member intake. The student organization may still hold business meetings off campus. At the end of the probationary period, the organization must re-register as a student organization and may need to participate in a reintegration to campus process.

Suspension

Suspension includes social probation, conduct probation and ineligibility to be considered a registered student organization on campus, participate in council activities, and/or conduct meetings as an organization on or off campus. At the end of the term for suspension, the organization must re-register as a student organization and may need to participate in a reintegration to campus process.

Expulsion

Expulsion means the student organization is no longer a registered organization and is permanently removed from campus.

Navigate This Page