WELCOME
INTRODUCTION MISSION/VISION/VALUES
Our Mission
Our Vision
Our Values
Strategic Priorities
BEARKAT
UNIVERSITY LOGO
UNIVERSITY COLORS
ALMA MATER
FIGHT SONG
MOTTO
STUDENT CODE OF CONDUCT
GENERAL PROVISIONS
STUDENT RESPONSIBILITIES
ADMINISTRATION OF THE STUDENT CODE OF CONDUCT
APPEAL PROCESS
Dear Students,
Welcome to Sam Houston State University!
Whether you are a first-year student, transfer student or a returning student, we are honored that you chose Sam Houston State to be your educational home.
SHSU offers many wonderful opportunities for meaningful experiences in and outside of the classroom, and I encourage you to take advantage of as many of these as possible. You will have incredible educational opportunities and will learn from faculty who are tops in their fields.
SHSU is an ideal place to build life-long relationships not only with other students, but with faculty, staff and alumni who are dedicated to helping you succeed academically, professionally, and socially. Embrace the opportunities that come your way.
Every Bearkat is expected to adhere to university rules and regulations, so please read the Student Code of Conduct carefully. I also ask that you protect the rights of others on campus, treat everyone with respect and dignity, be kind and be an integral part of our community.
Remember that Sam Houston State University faculty and staff are dedicated to helping you succeed. We are here to help you. Reach out, ask questions, and engage in the opportunities offered to you.
Welcome to our Bearkat family. Best wishes for a great year!
Sincerely,
Alisa White, Ph.D. President, Sam Houston
State University
Greetings, Bearkats!
It brings me immense joy to extend a heartfelt welcome to each of you as you embark on your journey at Sam Houston State University! We are absolutely thrilled that you have chosen to join our vibrant Bearkat community, where we have been empowering students for 145 years to lead lives of significance.
At Sam Houston, we believe you are your collegiate experience is a time of transformation and discovery. I encourage you to dive into all the opportunities available to you, whether it is through our diverse array of over 300 student organizations or by lending your voice to the Student Government Association. As your Student Body President, I am dedicated to ensuring that every student feels heard and valued, no matter the issue.
Our doors are always open in the Lowman Student Center, Suite 314, and we eagerly invite you to our meetings every Tuesday at 6:00 p.m. in the Criminal Justice Courtroom. Stay connected with us on social media @samhouston_sga for updates on the exciting events and programs we have planned for this academic year.
Once again, a warm welcome to Sam Houston State University! I am genuinely excited to witness the incredible achievements each of you will accomplish during your time here.
Jared Scott Student Body President
Our Mission
Sam Houston State University is a student-centered, community engaged institution whose mission is to offer an accessible, quality higher education. The university offers a variety of innovative and flexible degree programs at the undergraduate, graduate, and professional levels focused on career readiness, personal and professional development, and service. SHSU provides integrated academic and student success services designed to support traditional and nontraditional students from diverse backgrounds.
Our Vision
Sam Houston State University will provide a transformative environment that enables students from diverse backgrounds to become leaders who serve their families, communities, and professions. We aspire to make SHSU both the best value in higher education and the top
regional public university in the state of Texas. We will accomplish this through providing high quality, innovative, and flexible academic programs; a commitment to student success, scholarship and creative works; and engagement that solves the most critical challenges facing the world.
Our Values
Sam Houston State University is a student-focused, collaborative community that values personal growth and life-long engagement through the promotion of integrity and academic excellence.
• Student Success and Support
• Academic Excellence
• Service and Community Support
• Inclusive Excellence
• Collaborative Environment
• Honor
• Creativity and Innovation
Strategic Priorities
Priority #1
Prioritize student success and student access.
Priority #2
Embody a culture of excellence.
Priority #3
Elevate the reputation and visibility of SHSU.
Priority #4
Expand and elevate our service to the State and beyond.
shsu.edu/strategic-plan/
Sam Houston State University’s athletic teams have been nicknamed “The Bearkats” since 1923 when the University’s name was changed by the Texas State Legislature from Sam Houston Normal Institute to Sam Houston State Teachers College. Prior to 1923, the varsity sports teams were nicknamed “The Normals.”
It is doubtful those who coined the “Bearkat” nickname had a particular animal in mind, however. More likely, the name came from a popular local saying of the time, “tough as a Bear-kat!”
The late Reed Lindsey, who was a student/athlete in the 1920s and later retired as University
Registrar, once said that “it was a good fighting name of the time.” Since the animal in the saying was thought more mythical than real, the spelling settled upon was “Bearkat.” In the late 1940s, then SHSU president Harmon Lowman attempted to change the SHSU mascot from Bearkats to “Ravens” (after General Sam Houston’s Cherokee nickname). Mrs. Vernon Schuder reported that the alumni were polled; she voted for the raven but that “all those old Bearkats beat us out!”
The current Sammy Bearkat mascot character began appearing at SHSU sports events in 1959.
The Official University Seal (depiction of Sam Houston with his cane) is used in the most formal applications and expressions of the University’s identity and is reserved as a formal insignia for documents of institutional and legal importance.
Sam Houston State University has adopted as its official logo an orange “SH.” Where the seal is used for more formal presentations, the logo can be used in all other applications.
UNIVERSITY COLORS
The official colors for Sam Houston State University are: ORANGE and WHITE
Hail to Sam Houston, School we love best, Mighty in battle, True to the test. Bearkats so loyal, Ever we’ll be. Orange and white Will lead us to victory! Hail, Alma Mater. Hats off to you, Ever you’ll find us Loyal and true; Firm and undaunted, Ever we’ll be, Here’s to the school we love Here’s a toast to thee.
LOGO ALMA MATER FIGHT SONG
Bearkat Fight Song Fight, fight you Bearkats! Fight on through!
We’re here in back of you! You know we’re here to win So fight until the end. FIGHT! FIGHT! FIGHT!
Loyal we’ll ever be and true to SHSU We’ll fight and fight with all our might For Sam Houston’s Orange and White!
“The measure of a Life is its Service.”
1) GENERAL PROVISIONS:
1.01 Jurisdiction
This Student Code of Conduct (the “Code”) applies to all currently enrolled students at the University whether in-person, online, or other remote learning modalities. A student who withdraws from the University is subject to disciplinary action for any conduct that occurred during the student’s enrollment. The Code also applies to any prospective or former student who has been accepted for admission or readmission to the University while the person is on campus. This Code is adopted pursuant to authority granted by The Texas State University System (TSUS) Board of Regents. The Code is printed annually and is also available online at shsu.edu/doso. When the Code is updated between printed editions, the most updated version, the online version, shall prevail.
1.02 Definitions
A. “Disciplinary action” means proceedings under section III of this code.
B. “Hazing” means those acts defined in sections 37.151-37.152 of the Texas Education Code.
C. “Hearing Officer” means a person appointed by the President or the Dean of Students to conduct hearings under section III, subsection 3.05 of the Code.
D. “Notice” means correspondence:
1. sent by mail, addressed to the addressee at the local address and/ or permanent address, as shown on University records; or
2. personally delivered to the addressee;
3. sent electronically from a University email account to the student’s University email account; or
4. sent electronically as a text message to the student’s cell phone number on file with the University.
E. “Preponderance of the evidence” means the greater weight of credible evidence. It means more likely than not, however slight the difference might be.
F. “Published University Policy” means a written rule or policy by: (1) the TSUS Board of Regents; (2) a University policy or procedure statement; (3) a University division (e.g., Academic Affairs); or (4) the Code.
G. “University” means Sam Houston State University, including The Woodlands Center and the University’s properties in Conroe.
H. “University Official” means a person in an official university capacity, including regents, officers, faculty, and staff.
I. “University property” means property owned, controlled, used, or occupied by the university, including property physically removed from Sam Houston State University campuses.
1.03 Awareness of Policies
Each student is expected to be fully acquainted with all published university policies, copies of which are available to each student for review online at shsu.edu/doso. The university will hold each student responsible for compliance with these published policies. A violation occurring off campus while participating in a university-sponsored program may be treated as if the violation occurred on campus. Students also are expected to comply with all federal, state, and local laws. Any student who violates any provision of those laws is subject to disciplinary action, notwithstanding any action taken by other legal authorities. This principle extends to conduct off campus that is likely to have an adverse effect on the university or the educational process.
2.01 Conduct Required
Students shall conduct themselves in a manner consistent with the University’s mission as an educational institution. Students who conduct themselves in a manner that violates the Code may be subject to disciplinary actions.
2.02 Prohibited Conduct
Specific examples of conduct that are violations of the Code include, but are not limited to, involvement or attempted involvement in the following:
A. committing an act that would constitute a criminal offense under state, federal or municipal law;
B. violating any published University Policy;
C. failing to comply with a directive from a University Official, including reporting to the office of an administrative officer at a designated time;
D. providing false information, testimony, or evidence to the University;
E. issuing a check to the university without sufficient funds or otherwise failing to meet financial obligations to the University;
F. endangering the health or safety of other persons, with or without intent;
G. misusing fire extinguishers or other safety equipment on University Property;
H. interfering or disrupting university teaching, research, or other activity, including administrative, disciplinary, or public service activities, or violating the University’s Expressive Activity Policy;
I. intentionally, recklessly, knowingly, or negligently causing injury or endangering the health or safety of any person;
J. possession of or use of University keys without authorization;
K. any act or omission that would constitute personal or organization hazing under the Texas Education Code;
L. possessing, providing, using, or distributing alcoholic/intoxicating beverages in a manner that violates TSUS or University policies or that would constitute an offense under appropriate federal, state, or municipal law;
M. gambling on university property;
N. possessing, using, selling, or distributing any illegal drug or controlled substance;
O. unlawfully carrying, possessing, transporting, transferring, or using a weapon as set forth in Chapter 46 of the Texas Penal Code;
P. possessing, igniting, or detonating an explosive device, firework or flammable object on university owned or controlled property that could damage a person or property;
Q. stealing, destroying, damaging, or misusing the property of the university or that of another person;
R. forging, altering, misrepresenting, or misusing university documents, forms, records, student identification cards or admission documents; violating a published university policy governing residence life or breaching a Housing and Residential Life contract it to such action as opposed to abstractly espousing the moral propriety of such action;
S. entering university buildings or facilities or using university equipment or resources without authorization;
T. failing to maintain a current official mailing address in the Registrar’s Office or giving a false or fictitious address to a university official;
U. initiating, communicating, or circulating a false report of a present, past, or future bombing, fire, offense, or other emergency that would cause action by an agency organized to deal with emergencies; placing a person in fear of imminent serious bodily injury; or preventing or interrupting the occupation of a building, room, vehicle or other mode of conveyance;
V. action against any person that causes or intends to cause annoyance, harassment, alarm, abuse, torment, or embarrassment;
W. engaging in academic dishonesty as described by the Academic Affairs Dishonesty Policy;
X. Engaging or attempting to engage in disorderly conduct on University Property, or at a University function that interferes with the University’s programs or activities:
AA. using authority granted by state law, system rule or university policy to deprive a person of their civil rights;
BB. engaging in or making life-threatening gestures that endanger others or disrupt the learning environment;
CC. violating any published university policy relating to computer resources, electronic network facilities or the internet;
DD. engaging in sexual misconduct as described in the TSUS Sexual Misconduct Policy, including but not limited to:
1. dating violence
2. family (domestic) violence
3. retaliation
4. sexual assault
5. sexual exploitation
6. sexual harassment
7. sexual intimidation
8. sexual violence
9. stalking
EE. obstruction or retaliation as set forth in Section 36.06 of the Texas Penal Code;
GG. possessing, using, or distributing tobacco, tobacco substitute, nicotine, or smoking-related products in a manner that violates TSUS or university policies or that would constitute an offense under appropriate federal, state, or municipal law.
3.01 Authorization to Adjudicate Conduct Violations
Under the direction of the Vice President for Student Affairs, the Dean of Students or their designee shall be primarily responsible for the administration of the Code.
A. The Office of Residential Life will collaborate closely with the Dean of Students’ Office in resolving disciplinary problems resulting from the alleged violation of regulations involving residence hall residents.
B. The Woodland Center and the College of Osteopathic Medicine may resolve disciplinary problems resulting from the alleged violation of regulations occurring at The Woodlands Center or the College of Osteopathic Medicine involving students not enrolled in classes at the Huntsville campus. Any disciplinary issues with the potential of resulting in a suspension or expulsion should be referred to the Dean of Students’ Office for review.
1. The Dean of Students or their designee has the sole discretion on whether to initiate a hearing.
C. Investigation of Alleged Title IX Violations.
1. Allegations that fall within the jurisdiction of Title IX will be forwarded to the University’s Title IX Coordinator for investigation and resolution. The Dean of Students’ Office will not investigate a corresponding student discipline matter until the University’s Title IX office has provided authorization for the Dean of Students’ Office to investigate the conduct-related allegation.
A. Investigation—The Dean of Students or their designee will investigate incident reports that a student may have violated the Code. During the investigation, the Dean of Students or their designee will provide the student with an opportunity to explain the incident, unless the student is unavailable. The Dean of Students or their designee may investigate and make an administrative determination in a student’s absence if the student does not respond within the time specified in any notice to the student. The Dean of Students or their designee may place a registration hold that prevents a student from registering for additional courses until the student responds to the notice, or a decision is finalized.
B. Administrative Review— An Administrative Review is an informal process where the Dean of Students, or their designee, and the student will meet. During the Administrative Review, the allegations against the student will be provided, the student will have an opportunity to present their perspective, and a determination will be made whether the Code was violated using the preponderance of evidence standard. If a determination is made that a violation of the Code occurred, then the Dean of Students, or their designee, will determine an appropriate disciplinary sanction.
1. The findings and determination of an appropriate sanction will be discussed with the student if the student is available. In cases where the Dean of Students, or their designee, determines that the allegations against the student are true, but the only sanction assessed is a warning, the student may not request a hearing. For sanctions other than warnings, the Dean of Students, or their designee, will provide the student with an opportunity to either accept or reject the Dean of Students, or their designee, Office’s decision.
2. If the student accepts the Dean of Students, or their designee, decision, the student must indicate in writing and waive their rights to a hearing.
3. If the student does not accept the Dean of Students, or their designee’s decision, the student must submit in writing they do not the decision and submit their intent for a formal hearing. The Dean of Students, or their designee, will initiate the formal hearing (see section 3.05).
4. If the student does not indicate in writing, to the Dean of Students’ Office, their acceptance or non-acceptance of the decision within 72 hours of their administrative review, the student waives their right to a hearing and the appropriate sanctions will be administered.
C. Investigation of Alleged Academic Dishonesty (Academic Affairs Dishonesty Policy) Violations.
1. Academic Process. Any academic dishonesty incident should be processed according to Academic Affairs’ Dishonesty Policy.
2. After completion of the incident by Academic Affairs, the Provost or their designee may refer the case to the Dean of Students’ Office for additional disciplinary action.
A. Policy: The purposes of disciplinary sanctions are:
1. to provide a reasonably safe learning and working environment at the University for faculty, staff, and students;
2. to educate students so that they may continue learn from experiences and become thoughtful and contributing members of the University;
3. to promote legal, ethical, and honest actions; and
4. where possible, to restore relationships using restorative justice principles.
B. Sanctions—Mitigating or aggravating factors in assessing the proper level of discipline may include, but are not limited to, the student’s motive for engaging in the behavior; the student’s disciplinary history; the effect of the behavior on the safety and security of the University; and the likelihood that the behavior will recur. The following sanctions comprise the range of official university actions that may be taken when, based on the preponderance of the evidence, a student is determined to have engaged in prohibited conduct. These penalties are not exclusive and may be imposed with other sanctions.
1. Warning—A written notice to the student that a violation of a published university policy has occurred and that the continuation of such conduct or actions could result in further disciplinary action.
2. Restricted privileges—Denial or restriction of one or more privileges granted to students. These may be but are not limited to parking privileges, dining facility privileges, visitation privileges, use of university computers, computer facilities or systems, and participation in athletics or other extracurricular activities. Loss or restriction of privileges does not entitle a student to a refund of fees, whether such fees are paid or due.
3. Special project—The requirement that the student complete a special project, for example, writing an essay, writing an apology letter, or attending a special class or lecture.
4. Restitution—Paying for damage, losses, or misappropriation, either monetarily or by the performance of community service.
5. Cancellation of their residence hall contract.
6. Disciplinary probation—An indication that the student is not in good standing and that their continued enrollment is contingent upon adherence to published university policies. Disciplinary probation automatically restricts the following privileges:
a. A student on disciplinary probation is ineligible to be elected or hold any executive office of any student organization recognized by Sam Houston State University; b. A student on disciplinary probation may not represent the university in any role.
7. Withholding an official transcript or degree.
8. Cancellation of pre-registered courses, prohibition against readmission, or restriction from pre-registration.
9. Denial or non-recognition of a degree.
10. Loss of or ineligibility for a student grant or loan.
11. Deferred Suspension—Like disciplinary probation, deferred suspension is an indication that the student is not in good standing with the University and their continued enrollment is contingent upon adherence to published University Policies. In addition to the restrictions of disciplinary probation, it is understood that a subsequent violation shall result in suspension.
12. Suspension—Separation from the University for a definite term during which the student shall not be permitted to: earn university credit at the University, be on university-owned property nor participate in any university activity. A student who has been suspended from any Texas State University System component shall be ineligible to enroll at any other system component during the period of suspension.
13. Expulsion—Permanent separation from the University. A student who has been expelled from any Texas State University System component shall be ineligible to enroll at any other system component during the period of expulsion.
C. Recording of Sanctions—The Dean of Students’ Office or the University’s Registrar is authorized to make an appropriate notation on the student’s transcript to accomplish a sanctions-based objective and to remove the notation when the student’s disciplinary record has been cleared. The sanctions provided in subsections 3.03A, 8, 9, 12, and 13 may be noted on the student’s permanent transcript. Any record of penalty, except for expulsion, not noted on the University’s official transcript shall be removed no later than seven years after the penalty is assessed.
D. Finality of Sanctions—No sanction shall take effect until disciplinary action becomes final. Except for the discretionary review described in section 4.04, disciplinary action becomes final when:
1. As part of an administrative review:
a. upon written acceptance by the student;
b. if the only sanction is a warning; or
c. the student has not requested, in writing, a formal student disciplinary hearing board review by 5:00 p.m. two business days after the Dean of Students’ Office sent its written notification of findings and sanctions to the student.
2. As part of a formal student disciplinary hearing board review:
a. the sanction assessed is a warning; or
b. the student has not requested, in writing, an appeal to the Vice President for Student Affairs by 5:00 p.m. two business days after the formal student disciplinary hearing board review sent its written notification of findings and sanctions to the student.
3. Upon notification to the student of the decision of the Vice President for Student Affairs, whose decision is final and not appealable.
4. An exception to the imposition of penalties is in place for Sexual Misconduct Policy violation cases.
A. The President, the Vice President for Student Affairs, the Dean of Students, or their designee may take immediate interim disciplinary action, including suspension, pending a hearing, against a student or student organization for allegedly violating the Code when the student’s or student organization’s continuing presence is believed to pose:
1. a danger to persons or property;
2. an ongoing threat of disrupting the academic process; or
3. an allegation relating to hazing.
B. The university official involved shall notify the student or the student organization’s president of the interim disciplinary action by the most expeditious means available. Thereafter, the Dean of Students or designee may offer the student or student organization an opportunity to have an administrative review or to immediately initiate the hearing procedures provided in the Code. If the latter option is chosen, a hearing shall be held no later than 10 class days after the interim disciplinary action is imposed.
A. Formal Student Disciplinary Hearing Board— The University’s Faculty Senate nominates twelve full-time faculty with alternating twoyear terms ending August 31. Six administrative staff members are appointed by the President with alternating two-year terms ending August 31. The Student Government Association also submits twelve nominees to serve one-year terms expiring on May 31. Students may be assigned to assist with the resolution of all matters except those that involve potential violations of the University’s Sexual Misconduct Policy. The designated hearing officer shall preside over the disciplinary hearing.
B. Students’ Rights—Each student who requests a formal hearing or who is given an interim disciplinary sanction shall be afforded:
1. Notice—Written notification shall be provided at least five class days before the hearing specifying:
a. the University Policy alleged to have been violated;
b. a summary of the facts alleged to constitute the violation;
c. the date, time, and location of the formal hearing;
d. the names of expected witnesses and a summary of their expected testimony;
e. a description of other evidence that the Dean of Students or designee will present at the hearing;
f. notification if the Dean of Students or their designee intends to use legal counsel for other than advisory purposes as provided in section 3.0 of the Code;
g. a statement that the student must provide a list of witnesses and a summary of their expected testimony to the Dean of Students’ or their designee at least 72 hours before the hearing;
h. the names of the formal hearing officer and members of the formal hearing panel.
2. Formal Hearing—This is an opportunity for the student to attend the hearing and present relevant evidence. If the student fails to attend, the hearing may proceed. The student may present their own defense against the charges and may produce either oral testimony or written statements of witnesses on their behalf.
3. Representative—This is an opportunity for the student to have an advisor or counsel present at meetings with the Dean of Students or their designee and during hearings. The student will provide the representative at their expense. The University is not obligated to arrange for or provide a representative.
a. To the extent that the Dean of Students or their designee uses legal counsel for other than advisory purposes during the hearing, the student shall be afforded the same opportunity with their legal counsel. The Dean of Students or their designee will notify the student of the Dean of Students’ or their designee’s intent to use legal counsel when providing the notification described in 3.05, B,1.
b. The student’s representative may not address the panel, question witnesses or the Dean of Students or their designee or participate in the hearing except to offer advice and counsel to the student.
4. Challenge to Impartiality—This is an opportunity for the student to challenge the impartiality of any member of the formal hearing panel. This challenge must be made at any time before the introduction of testimony or other evidence. The person challenged will be the sole judge as to whether they can serve with fairness and objectivity. If the person challenged chooses not to serve and an alternate is not readily available, the Dean of Students or their designee may appoint a special replacement for that case.
C. Notification of Evidence—At least 48 hours before the formal hearing, both the Dean of Students or their designee and the student will provide the other party with the names of witnesses, summaries of testimony, documents, and other evidence to be presented at the hearing.
D. Burden of Proof—The Dean of Students or their designee has the burden of presenting the evidence and the burden of substantiating the violation by the preponderance of the evidence.
E. Questioning Witnesses—The Dean of Students or their designee the student, and members of the formal hearing panel may question witnesses regarding relevant matters.
F. Recording—The formal hearing, except for the formal hearing panel’s deliberation, will be recorded. If the student or the Dean of Students or their designee desires to appeal the formal hearing panel’s findings, a copy of the hearing recording and records presented at the formal hearing will be forwarded to the Vice President for Student Affairs. The student may request an electronic copy of the hearing at no cost. Requests for additional records that incur an expense will be paid by the requesting party.
G. Postponement—The Dean of Students or their designee may postpone a formal hearing for good cause. A request for postponement by the student must be filed with the Dean of Students’ Office at least 24 hours before the formal hearing.
H. Hearing Officer—The hearing officer will determine the procedure to be followed, rule on the admissibility of evidence, and maintain decorum in the formal hearing.
I. Attendance—Upon the request of the student, the Dean of Students, or their designee, the formal hearing officer may issue a written request for a witness to appear and testify or to produce documents at a hearing. Requests shall be sent by certified mail, a University email address, or text message to the student’s then currently identified address, University email, or cell phone number. Students who are requested to appear at hearings are expected to comply.
J. Confidentiality—During the formal hearing, only the members of the formal hearing committee, the Dean of Students or their designee, legal counsel, the student, the student’s advisor, and the witness currently testifying will be allowed in the formal hearing room. A witness may only remain in the formal hearing room during introductions, the explanation of procedural rules, and while testifying unless both the accused student the Dean of Students, or their designee, consent. All persons present at the formal hearing shall treat matters discussed with confidence.
K. Relevant Evidence—Legal rules of evidence shall not apply to hearings. Any relevant evidence shall be admitted, if it is credible and is the type that reasonable people would rely upon in the conduct of their affairs.
L. Not Compelled to Testify—Students may not be compelled to testify against themselves.
M. Procedural Steps
1. The formal hearing officer will invite all parties entitled to be present into the hearing room or a platform for remote participation.
2. The formal hearing officer will read a statement of confidentiality.
3. The formal hearing officer will state the Code provision alleged to have been violated.
4. The Dean of Students or their designee will present evidence of the student’s alleged violation of the Code.
5. Each party may present their own defense against the charges or relevant information.
6. The parties may question the witness(es).
7. The parties may present rebuttal evidence.
8. The parties may present brief summations.
9. After summations, the formal hearing committee will deliberate in private and determine by a majority vote whether the student has violated the Code. If the formal hearing committee finds that the student did violate the Code, it will assess the penalty. The formal hearing officer shall report orally the formal hearing committee’s findings and the sanction, if any, to be assessed.
10. The formal hearing officer will present the formal hearing panel’s decision to the Dean of Students or their designee for prompt notification to the parties entitled to such notification. If the student is found to have violated the Code and a disciplinary penalty has been assessed, the notification will include information on the student’s right to appeal to the VPSA.
4.01 Vice President for Student Affairs (VPSA)
Except for the discretionary review described in section 4.04, in cases in which the sanction assessed is a verbal or written warning or probation, the decision of the formal hearing panel is final. Otherwise, either party may appeal to the VPSA based on:
A. whether or not a fair hearing was afforded (A fair hearing is defined as notice of the alleged misconduct and an opportunity to present evidence were provided.).
B. whether or not the sanctions levied were appropriate to the offense; C. whether or not the finding was supported by the evidence;
D. whether or not new evidence is introduced that was not available at the time of the hearing;
E. An appeal is not a rehearing of the original case.
Either party appealing to the VPSA must provide written notice to the VPSA no later than five business days after the formal hearing panel’s decision. All supporting documentation, including written arguments, when appropriate or requested, shall be filed with the VPSA no later than five business days after notice of appeal is given. The parties, at the discretion of the VPSA, may submit oral or written arguments to support their positions.
Upon appeal, the VPSA will review the materials presented at the hearing and may require the parties to submit written material or oral statements. The VPSA shall conduct the appeal within 10 business days after all supporting documentation is received. The VPSA has the discretion to postpone a decision.
A. If the student is required to appear in person before the VPSA, the student may have a representative present, under the terms set forth in section 3.05, B, 3.
B. The VPSA may affirm, reverse, or modify the decision of the formal hearing committee or may require that the formal hearing committee reopen the hearing to hear additional evidence or to reconsider the decision.
C. The VPSA will inform the student, the Dean of Students’ Office, and the formal hearing officer of their decision in writing. The VPSA’s decision is final except for the discretionary review described below.
The VPSA, may, on their own initiative, review any disciplinary decision by the formal hearing board and upon such review, may affirm, reverse, or modify the formal hearing board’s decision, or may remand the decision to the formal hearing officer or formal hearing panel for presentation of additional evidence and reconsideration of the decision.
For a list of university policies, go to shsu.edu/doso
Email: doso@shsu.edu
Phone: 936.294.1785