Student Conduct Policies
Members of the University of Houston Community:
Membership in the UH Community provides each
student with an unparalleled opportunity to learn,
develop, and excel as an individual. By accepting this opportunity, each
student has the responsibility to conduct themselves in a manner that
conforms to the rules of the University and respects the rights of others in
the Community.
To this end, the University has developed the policies contained herein
designed to support student success, create and maintain an educational
atmosphere, allow for the effective functioning of the institution without
undue disruption, and protect the health, safety, welfare, property, and
rights of all members of the University Community.
It is my hope that you will become familiar with these policies in order to
avoid student discipline and support your successful functioning as a UH
student.
Sincerely,
William F. Munson
Associate Vice President for Student Affairs and Dean of Students
Cover photo: the bronze statue that graces the entrance courtyard of the Law Center honors Albertus Magnus,
or Albert the Great, a medieval theologian and “Man of Universal Knowledge.”
University of Houston
Student Conduct Policies
Contents
Student Code of Conduct ...............................................................................................................................
Alcohol Policy .............................................................................................................................................................................................
Distribution of Alcoholic Beverages ........................................................
Hazing ..........................................................................................................................................................................................................................................
Sexual Misconduct Policy ......................................................................................................................
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University of Houston
Student Code of Conduct
Introduction
The University of Houston, as an educational institution, has a special set of
interests and purposes essential to its effective functioning. These include; (a) the
opportunity for students to attain their educational objectives, (b) the creation
and maintenance of an intellectual and educational atmosphere throughout the
University, and (c) the protection of the health, safety, welfare, property, and human
rights of all members of the University, and the property of the university itself.
In the area of student conduct, the University has a clear responsibility to protect
and promote the pursuit of its goals. The Student Code of Conduct emphasizes the
University’s commitment to promote the freedom, intellectual development, and
personal responsibility of its students.
The Student Code of Conduct sets forth those acts that constitute unacceptable
conduct for students of the University. All alleged violations of the Student Code of
Conduct may result in referral to the Dean of Students Office for disciplinary action.
The University of Houston supports the concept of educational discipline –
educating the student through appropriate sanctioning when circumstances permit;
but should the student demonstrate an unwillingness to obey the rules governing
conduct, the student will be treated in the same manner as one who has failed
academically. Students are expected to adhere to, and will be held accountable for
adhering to, all federal, state, and local laws in addition to all University policies
and regulations not mentioned herein.
A student admitted to the University of Houston accepts the responsibility to
conform to all University of Houston rules and regulations. Proven failure to meet
this obligation will justify appropriate disciplinary action including, but not limited
to, expulsion, suspension, disciplinary probation, reprimand or warning. Although
the University will make every reasonable effort to make the rules and regulations
available, students are responsible for becoming familiar with them.
The University of Houston student conduct process is the responsibility of the
Dean of Students Office. The Associate Dean of Students, under the direction of the
Dean of Students, will supervise the implementation of the student conduct process
and procedures.
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Policy
1. Application and Jurisdiction
1.1 Students are subject to applicable federal, State, and local laws; University of
Houston System rules, regulations, and policies, including those set forth in UH
System Administrative Memoranda.
1.2 Students may be disciplined by the University for violating any of the conduct
standards on University grounds or off University grounds when the incident
occurs in connection with a University sponsored or affiliated activity or program,
when the incident has a substantial connection to the interests of the University,
when the incident poses a threat of serious harm to any member of the University
community, or when the behavior is prohibited by University policy regardless
of where it occurs, even if the student is or may be penalized by civil or criminal
authorities for the same act.
1.3 University disciplinary action may be instituted against a student charged
with conduct that potentially violates both criminal law and University policy
without regard to pending civil litigation or criminal arrest and prosecution. At
the discretion of the Dean of Students, University disciplinary proceedings may
be carried out prior to, simultaneously with, or following criminal proceedings.
Determinations made and/or sanctions imposed as a result of University
disciplinary proceedings will not be subject to change because criminal charges
arising out of the same facts that resulted in the violation of University rules were
dismissed, reduced, or resolved in favor of or against a criminal law defendant.
1.4 Students are subject to University disciplinary action for prohibited conduct
that occurs while the student is participating in off-campus activities sponsored by
or affiliated with the University including, but not limited to, field trips, retreats,
and study abroad programs.
1.5 Students are subject to University disciplinary action if the student withdraws
from classes while a conduct matter is pending.
1.6 Any conduct that is a potential violation of the University’s Sexual Misconduct
Policy or Discrimination and Harassment Policy will be exclusively processed,
investigated and addressed pursuant to those policies and not this Student Code
of Conduct, except as provided herein If the Office of Equal Opportunity Services
(EOS) has reasonable cause to believe that a student’s presence on University
premises or at a University-related or registered student organization activity
poses a significant risk of substantial harm to the safety or security of any member
of the University community or to property, EOS may request the issuance of an
interim suspension pursuant to the Interim Suspension section of this Student
Code of Conduct. If a student is found to be in violation of the University’s Sexual
Misconduct Policy or Discrimination and Harassment Policy, and s/he wishes to
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appeal any sanction(s) imposed by the Dean of Student’s Office, his/her appeal shall
be brought pursuant to the appeal section of this Student Code of Conduct.
2. Definitions
2.1 “Appellate Officer” includes the Dean of Students, Associate Dean of Students,
Associate Director of Residential Life and/or their respective designees.
2.2 “Associate Dean” means the Associate Dean of Students.
2.3 “Assistant Dean” means the Assistant Dean of Students.
2.4 “Board” means the University Hearing Board.
2.5 “Business Day” means Monday through Friday during regular University
business hours.
2.6 “Code” refers to the UH Student Code of Conduct.
2.7 “Handbook” means the official UH Student Handbook.
2.8 “Hazing” means those activities defined in the Texas Education Code Sec.
37.151 et seq., the Prohibited Conduct Section of the Student Code of Conduct
regarding Hazing, and the UH Hazing Policy.
2.9 “Hearing Officer” includes the Associate Dean of Students, Assistant Deans
of Students, the Associate Director for Residential Life, the Assistant Director for
Residential Life, Residence Life Coordinators, and the University Hearing Board.
2.10 “Notice” means correspondence sent to the addressee by the means
identified in Section 5 of the Student Code of Conduct regarding Notice.
2.11 “Preponderance of the evidence” is the standard of review in the student
discipline process which evaluates whether it is more likely than not that the
student did violate a Code provision and/or University policy.
2.12 “Procedures” means the Student Disciplinary Procedures.
2.13 “Record” means correspondence referenced herein relating to the Student
Disciplinary Procedures and all hard copy or electronic documents, forms, copies,
reports, statements, recordings, or tangible evidence presented in a disciplinary
hearing or conference.
2.14 “Referral Notice” refers to the notice initiating disciplinary action.
2.15 “Respondent” means accused student.
2.16 “Sanction” means penalty for violation of the Prohibited Conduct Section of
the Student Code of Conduct.
2.17 “Student” means a person who; (a) is currently enrolled at the University;
(b) is accepted for admission or readmission to the University; (c) has been enrolled
at the University in a prior semester or summer term and is eligible to continue
enrollment in the semester or summer term that immediately follows; (d) is
attending an additional program sponsored by the University while that person is
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on campus; or (e) has engaged in prohibited conduct at a time when he/she met the
criteria of (a), (b), (c), or (d).
2.18 “University” means the University of Houston.
2.19 “University officials” means those persons in an official university capacity or
those who have been given the authority and the responsibility by the appropriate
agency or person, including regents, officers, faculty, and administrative staff.
2.20 “University grounds” means property owned, leased, controlled, used, or
occupied by the University including property physically removed from campus.
2.21 “Will” and “shall” are used in the imperative sense.
3. Prohibited Conduct
The following examples of prohibited conduct are defined by the University to be
unacceptable. Being under the influence of drugs and/or alcohol does not diminish
or excuse a violation of the Student Code of Conduct. The list should not be viewed
as all inclusive or exhaustive. Further, the University expects its students to exhibit
a higher standard of conduct than the minimum needed to avoid discipline.
3.1 Aiding and Abetting – ­Assisting, hiring, or encouraging another person to
engage in a Code violation.
3.2 Complicity – A student shall not, through act or omission, assist another
student, individual, or group in committing or attempting to commit a violation
of this Code of Conduct. A student who has knowledge of another committing or
attempting to commit a violation of the Code of Conduct is required to remove
him or herself from the situation and failure to do so when reasonable under the
circumstances may be the basis for a violation of this policy.
3.3 Destruction of Property – I­ ntentionally or recklessly damaging, destroying,
defacing, or tampering with University property or the property of any person or
business on campus.
3.4 Discrimination – I­ ntentional discrimination against a person or group of
people on the basis of race, color, religion, national origin, sex, age, disability, veteran
status, or sexual orientation except where such distinction is allowed by law.
3.5 Disruption/Obstruction – O
­ bstructing or interfering with University
functions or any University activity. Disturbing the peace and good order of the
University by, among other things; fighting, quarreling, excessive noise, or any
behavior that causes or threatens to cause a material disruption to the residential,
business or academic functions of the University, including but not limited to, a
material disruption by the use of all types of cameras, electronic tablets, cell phones,
and/or communication devices.
3.6 Disruptive Classroom Conduct – Disruptive classroom conduct means
engaging in behavior that substantially or repeatedly interrupts either the
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instructor’s ability to teach or student learning. The classroom extends to any
setting where a student is engaged in work toward academic credit or satisfaction
of program-based requirements or related activities.
3.7 Failure to Appear – ­Failing to appear at the request of any Hearing Officer or
failure to schedule an appearance with a Hearing Officer as directed by University
police or any other University official.
3.8 Failure to Comply or Identify – F­ ailure to comply with directions of
University officials, police, or any other law enforcement officers acting in the
performance of their duties, or failing to identify oneself to these persons when
requested to do so.
3.9 Failure to Report or Respond – ­Failure to report or respond as directed by
the Dean of Students or designee on any matter including, but not limited to, a
request to meet concerning an issue or a notice alleging a violation of the Student
Code of Conduct.
3.10 False Conduct Allegation – M
­ aking a prohibited conduct allegation against
a member of the University community that is knowingly false.
3.11 False Report of Emergency – ­Causing, making, or circulating a false report
or warning of a fire, explosion, crime, or other catastrophe.
3.12 False Statements – B­ eing party to falsification; giving or providing false
statements, written or oral; and/or providing false information during any
University proceeding or to any University official.
3.13 Falsification of Records – ­Altering, tampering, forging, or knowingly using
falsified documents or records of the University, including, but not limited to, UH
parking permits and student IDs. Falsifying, attempting to falsify, conspiring to
falsify or knowingly using falsified academic records including, but not limited to,
altering or assisting in the alteration of any official record of the University and/
or submitting false information or omitting information that is required for or
related to any academic record. Academic records include, but are not limited to,
applications for admission, application for the awarding of a degree, registration
materials, grade change forms, and other documents or forms used by the Office
of the Registrar. A former student who engages in this prohibited conduct may
be subject to a bar against readmission, the revocation of a degree, and/or the
withdrawal of a diploma under the Student Disciplinary Procedures.
3.14 Forcible Entry or Trespass – ­Forcible or unauthorized entry to any
University building, structure, or facility and/or unauthorized entry to or use of
University grounds.
3.15 Gambling, Wagering, and/or Bookmaking – ­Gambling, wagering, and/or
bookmaking as defined by federal, state, and /or local laws on University grounds
or by using University equipment or services.
3.16 Hazing – Any act, occurring on or off the University of Houston campus, by one
or more person alone or acting with others, directed against a student, that endangers
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the mental or physical health or safety of a student for the purpose of pledging, being
initiated into, affiliating with, holding office in or maintaining membership in any
organization whose members are or include students of the University.
3.17 Mental or Bodily Harm­– ­(a) Intentionally inflicting mental or bodily harm
upon any person; (b) taking any action for the purpose of inflicting mental or
bodily harm upon any person; (c) taking any reckless, but not accidental, action
from which mental or bodily harm could result to any person; (d) engaging in
conduct, including, but not limited to stalking, that causes a person to believe
that the offender may cause mental or bodily harm; (e) communicating a threat to
cause mental or bodily harm to any person; (f) any act which demeans, degrades, or
disgraces any person and that causes, or would be reasonably likely to cause, mental
or bodily harm. “Any person” as used in this section may include oneself.
3.18 Misuse of Identification – ­Transferring, lending, or borrowing University
identification.
3.19 Misuse of Safety Equipment – U
­ nauthorized use or alteration of
firefighting equipment, safety devices, or other emergency equipment.
3.20 Misuse or Abuse of Computers – U
­ nauthorized use or misuse of any
University computer, computer system, service, program, data, network,
cable television network, or communication network. The inappropriate or
disproportionate use of an information technology resource owned or controlled
by the University or use of an information technology resource for an illegal,
threatening, harassing, abusive, or intentionally destructive purpose. Failure to
comply with laws, license agreements, and contracts governing network, software
and hardware use. Abuse of communal resources. Use of computing resources for
unauthorized commercial purposes or personal gain. Breach of computer security,
harmful access or invasion of privacy.
3.21 Photographing or Videotaping – ­Photographing, videotaping, filming,
digitally recording, or by any other means, secretly viewing with or without a
device, another person without that person’s consent in any location where the
person has a reasonable expectation of privacy, or in a manner that violates a
reasonable expectation of privacy. This section does not apply to lawful security
surveillance filming, or recording that is authorized by law enforcement or
authorized University officials.
3.22 Possession of Dangerous Weapons – ­Unauthorized possession of any
weapon prohibited by the Texas Penal Code including, but not limited to, firearms,
illegal knives, tire deflation devises, dangerous chemicals, or any explosive device
of any description such as compressed air guns, pellet guns, BB guns, shotguns, or
the ammunition of any firearm or other dangerous weapon or explosive device on
University grounds. Possessing a dangerous weapon in your vehicle constitutes
a violation of this section; however, it shall not be a violation of this section if an
individual, who possesses a concealed handgun license, stores or transports his or
her licensed and lawfully possessed handgun and/or ammunition in his or her own
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locked privately owned or leased vehicle.
3.23 Possession of Stolen Property – P­ ossessing property known to the
possessor to be stolen and that may be identified as property of the University or
any other person or business.
3.24 Public Intoxication – ­Presenting a threat to oneself or others due to being
under the influence of alcoholic beverages or other drugs.
3.25 Sexual Misconduct – V
­ iolation of the UH Student Sexual Misconduct Policy
including, but not limited to, engaging in or attempting to engage in sexual assault,
sexual exploitation, sexual intimidation, and/or sexual harassment.
3.26 Theft – T
­ heft, or attempted theft, of property or services from any person or
any business on University grounds.
3.27 Unauthorized Use of Alcoholic Beverages – P­ ossession, distribution, or
consumption of alcoholic beverages except during events or in circumstances
authorized by University officials and/or failure to comply with state or University
regulations regarding the use or sale of alcoholic beverages.
3.28 Unauthorized Use of Property or Service – ­Unauthorized use of property
or services or unauthorized possession of University property or the property of
any other person or business.
3.29 Unauthorized Use of University Keys – U
­ nauthorized use, distribution,
duplication, or possession of any key(s), access card(s), or access code(s) issued for
any building, laboratory, facility, room, or other University property.
3.30 Use, Manufacture, Distribution, Sale, Offer for Sale, or Possession
of Controlled Substances or Drug Paraphernalia – ­The use, manufacture,
distribution, sale, offer for sale, or possession of any controlled substances,
including but not limited to, barbiturates, hallucinogens, amphetamines, cocaine,
opium, heroin, or marijuana. Controlled Substances and Drug Paraphernalia are
defined by Texas law.
3.31 Violation of Campus Recreation Policies – ­Violation of the published
policies, rules, and/or regulations of the Department of Campus Recreation.
3.32 Violation of University of Houston and University of Houston System
Policies and Procedures – Violation of University and System policies and
procedures including, but not limited to, those published in the UH Student
Handbook.
3.33 Violation of Probation – ­Violation of the Code while on disciplinary
probation, or violation of the terms of disciplinary probation.
3.34 Violation of Student Housing and Residential Life Policies, Procedures
and/or License Agreements – ­Violation of the terms of a University housing
License Agreement or the published policies, rules and/or regulations of the
Department of Student Housing and Residential Life including, but not limited to,
the following:
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a. Alcohol – Violation of Student Housing and Residential Life policies
regarding the possession, distribution and consumption of alcoholic
beverages including: Consuming or transporting open alcoholic beverages
in residence hall common areas including, but not limited to, hallways,
balconies, lounges, stairways, courtyards, and/or community bathrooms.
Possessing alcohol paraphernalia including, but not limited to, empty
alcoholic beverage containers, beer bongs, and/or kegs.
Providing open access to alcohol including, but not limited to, access
to bulk or common source alcohol containers, access to more open
containers present than the number of legal age persons present, or access
to devices or games used in or intended for the rapid consumption of
alcoholic beverages.
b. Smoking – Smoking in a residence hall or in violation of the UH Tobacco
Free Campus Policy: http://www.uh.edu/af/universityservices/policies/
mapp/07/070202.pdf.
c. Health and Welfare – Failing to maintain living space and common areas
in original condition; clean, unaltered, hazard-free.
d. Unauthorized Occupancy/Use of Residential Facilities – Unauthorized
occupancy of a living space or use of residential facilities including, but
not limited to; cohabitation, subletting, altering the physical structure of
the room/apartment without approval, remaining present if maintenance
work is occurring after temporary space has been assigned, and/or
providing laundry facility access to non-residents.
e. Pets/Animals – Possession of a pet with the exception of a fish, service
animal, or comfort animal.
f. Trash/Recycling – Improperly storing or disposing of trash and/or
recycling.
g. Wheeled Transportation – Unauthorized parking, securing, storing,
indoor transport, use, or abandonment of a skateboard, bicycle,
motorcycle, or scooter.
h. Decorations – Displaying obscene (as defined by Texas or federal law) or
discriminatory information/materials that cause, or would be reasonably
likely to cause, mental harm to another or that is in violation of University
policies.
i. Gatherings – Assembling ten (10) or more people (residents included) in a
residential room, suite, or apartment.
j. Guests – Unauthorized, unattended, and/or hosting an excessive number
of guests; failure of guests to comply with University policies and
procedures.
k. Hall Sports – Engaging in games and sports intended for outdoor play
including, but not limited to, water guns/balloons, rollerblading, and
bouncing and throwing balls.
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l. L
iving with Roommates – Failing to follow a Roommate Agreement,
creating an inhospitable environment, or not maintaining personal care.
m. Courtesy/Quiet Hours – Making excessive noise and/or engaging in
disruptive behavior that causes sound to be heard beyond the confines of
a room, suite or, apartment.
n. Posting/Advertising – Unauthorized display, distribution, or removal of
flyers, posters, banners, or other advertisements.
o. Soliciting/Operating a Business – Operating a business, selling or
promoting a service or product from a residence hall room, suite,
apartment, or common area.
p. Fire Alarm Activation – Intentional false activation of the fire alarm
system, or activation through forbidden activity (e.g. smoking, candles,
open flame cooking equipment).
q. Fire Evacuation Procedure – Failing to evacuate after the activation
of the fire alarm and/or following the directives of University and/or
emergency personnel.
r. Open Flames, Burning Embers & Flammable Materials – Possession
of , but not limited to, candles, incense, marijuana smelling smoking
substances, smoking, fireworks, “Christmas Trees” (live or cut down),
lighter fluid, gas/propane, charcoal briquettes, and/or burning of any
materials.
s. Projectiles – Throwing, dropping, or projecting, objects from a
residential structure.
t. Appliances, Electronics, and Furniture – Possessing an appliance with
an open heat source and/or no thermostat control (i.e. toaster ovens,
hot plates, space heaters, etc.); using a multi-outlet extension cord;
unauthorized movement of University furniture, and/or possessing a
waterbed or self-manufactured loft.
3.35 Violation of Student Center Policies – Violation of the published policies,
rules, and/or regulations of the Student Center.
Student Disciplinary Procedures
The purpose of these procedures is to provide for the orderly administration of
the Student Code of Conduct consistent with the principles of due process of law.
Reasonable deviations from these procedures will not invalidate a decision or
proceeding.
4. Disciplinary Action Initiated
Any member of the University community may submit a written allegation of
violation of the Prohibited Conduct Section of the Student Code of Conduct.
The individual alleging a violation must include sufficient facts which would
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enable the Dean of Students or designee to decide if further fact finding is
necessary. An allegation of violation must include the name of the complainant
and should include pertinent facts including, but not limited to, a description of
the alleged violation, the date of the alleged violation, the name(s) of the students
involved, the time that the alleged violation took place, and the location of the
alleged violation.
5. Notice
5.1 Students who are the subject of prohibited conduct allegations will be notified
by the appropriate Hearing Officer. Such notice will contain information regarding
the student conduct involved and a statement of the Code provision(s) and/or
University policy alleged to have been violated.
5.2 All written notices to students will be considered received upon the
occurrence of one or more of the following: placing the written notice addressed
to the student’s current local or permanent address as listed in the Registrar’s
records in the United States Postal Service mail or campus mail, sending written
correspondence to the student’s official University email address, or hand
delivering written notice to the student. Receipt will constitute full and adequate
notice.
5.3 The student’s failure to provide and maintain current addresses with the
Registrar, refusal to accept delivery of a letter, or failure to receive an email
message because the mailbox is full or the message is inappropriately forwarded
will not constitute good cause for failure to comply with written notices.
5.4 Failure to respond to notices delivered via Item 5.2 shall constitute a separate
violation of this Code. Failure of the accused student to respond to the initiation of
charges or schedule a procedural interview shall in no way prevent the University
from scheduling and conducting a University Hearing Board hearing or a
Disciplinary Conference with the Hearing Officer in the absence of the accused
student.
5.5 The Dean of Students may bar or cancel the enrollment of a student who fails
to comply with notices sent in accordance with Item 5.2.
6. Procedural Interview
6.1 Students alleged to have violated the Prohibited Conduct Section of the Code
must contact the Hearing Officer to schedule a Procedural Interview within five
business days of receiving written notice.
6.2 Students who fail to contact the Hearing Officer to schedule the Procedural
Interview within the five business day period outlined in Item 6.1 will be
considered to have elected to proceed with a Disciplinary Conference under the
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Student Disciplinary Procedures. Students who fail to appear for a scheduled
Procedural Interview will be considered to have elected to proceed with a
Disciplinary Conference.
6.3 Copies of the following documents will be made available to the student at the
time of the Procedural Interview:
a. A copy of the Student Code of Conduct.
b. A copy of the referral notice and/or incident report.
c. A copy of the Students’ Rights and Responsibilities Respondent
Information and Acknowledgement Form.
Students who fail to contact the Hearing Officer to schedule the Procedural
Interview or who fail to attend a scheduled Procedural Interview will be provided
access to copies of these documents in advance of the Disciplinary Conference.
7. Hearing Selection
7.1 Within five business days of the Procedural Interview, the student shall choose
either a hearing before the University Hearing Board or a Disciplinary Conference
with the Hearing Officer. The student shall indicate their choice of hearing in
writing to the Hearing Officer.
7.2 The Hearing Officer shall notify the student of the time, date, and place of the
Disciplinary Conference or hearing before the University Hearing Board.
7.3 Students who fail to select either a hearing before the University Hearing
Board or a Disciplinary Conference with the Hearing Officer within the five
business day period outlined in Item 7.1 will be considered to have elected to
proceed with a Disciplinary Conference.
8. Disciplinary Conference
The following procedural guidelines shall be applicable in Disciplinary Conferences
with the Hearing Officer:
8.1 Written notice of the alleged violation(s) at least five business days prior to
the scheduled conference, unless the respondent requests to proceed with the
Disciplinary Conference at an earlier time.
8.2 The respondent is entitled to be accompanied and assisted by an advisor. An
advisor may be an attorney, but who sits in an advisory capacity and who addresses
the Hearing Officer only upon permission of the Hearing Officer. Respondents
who wish to have an attorney attend the Disciplinary Conference as their advisor
shall notify the Hearing Officer of the attorney’s name and contact information at
least three business days prior to the Disciplinary Conference. If the respondent’s
advisor is an attorney, the University may have a University attorney present at the
Disciplinary Conference. An advisor may not appear in lieu of a respondent.
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8.3 The right to have access to the case file at least three business days prior to and
during the conference.
8.4 If a respondent fails to appear for a scheduled Disciplinary Conference, the
Hearing Officer will proceed with investigating the complaint.
8.5 The Hearing Officer will investigate the complaint, including but not limited
to; reviewing incident reports, reviewing witness statements, and interviewing
witnesses. Before a decision is rendered, the respondent will be given an
opportunity to respond to any new information obtained by the Hearing Officer
during the investigation. If a respondent fails to appear for this meeting, the
Hearing Officer will decide the case based upon the information obtained in the
investigation.
8.6 The Hearing Officer will notify the respondent of the decision in writing
within ten business days of the close of the investigation. The Hearing Officer
will also make a copy of the decision available to the respondent in the Dean of
Students Office
9. University Hearing Board
9.1 The University Hearing Board shall be composed of seven students appointed
by the Student Government Association, seven students appointed by the Residence
Halls Association, five faculty members appointed by the Faculty Senate, and five
staff members appointed by the Staff Council.
9.2 There will be at least ten alternate members: at least three student alternates
appointed by the Student Government Association, at least three student alternates
appointed by the Residence Halls Association, at least two faculty alternates
appointed by the Faculty Senate, and at least two staff alternates appointed by the
Staff Council.
9.3 A quorum shall consist of five persons, at least three of which shall be students
and one shall be faculty or staff. If a quorum is not met and at least three people
are present with one being a student, the respondent may request that the hearing
proceed with those members present.
9.4 The Chair must be a selected from the student members present at a scheduled
hearing. The student selected by the Board to serve as Chair shall serve for the
duration of the scheduled hearing.
9.5 All members of the board must be in good standing with the University.
9.6 The Associate Dean of Students may remove a Board member for justifiable
cause. A Board member may appeal their removal to the Dean of Students.
9.7 If a Board member resigns, cannot serve, or is removed from office, the
Associate Dean of Students will select one of the alternates to fill the vacancy.
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10. Hearing Procedures
The following procedural guidelines shall be applicable in disciplinary hearings:
10.1 At least three business days prior to the hearing, the Hearing Officer will
make available to the respondent(s) and the complainant(s) copies of documents
relevant to the case and a list of witnesses.
10.2 The respondent is entitled to be accompanied and assisted by an advisor. An
advisor may be an attorney, but who sits in an advisory capacity and who addresses
the Board only upon permission from the Chair. Respondents who wish to have
an attorney attend the hearing as their advisor shall notify the Hearing Officer of
the attorney’s name and contact information at least three business days prior to
the hearing. If the respondent’s advisor is an attorney, the University may have a
University attorney present at the disciplinary hearing. An advisor may not appear
in lieu of a respondent.
10.3 Hearings of the University Hearing Board will be closed to the public except
when the respondent requests an open hearing and such a request is approved. This
request must be made in writing to the Hearing Officer at least three business days
prior to the hearing.
10.4 If a respondent fails to appear, the University Hearing Board will decide the
case in the charged student’s absence.
10.5 The Hearing Officer or designee may present the case for the University or
the complainant.
10.6 Prospective witnesses, other than the complainant and respondent, will be
excluded from the hearing during the testimony of other witnesses. All participants
shall be excluded during Board deliberations.
10.7 The hearing will be held in two parts:
a. D
etermination of violation.
b. Determination of recommended sanction; only if a finding of “in
violation” is determined.
10.8 The Chair will exercise control over the proceedings. Any person disrupting
a hearing or who fails to adhere to the rulings of the Chair may be removed or
excluded from the proceedings.
10.9 Any party may challenge a Board member on the grounds of personal
bias. Board members may be disqualified upon a majority vote of the remaining
members of the Board. Disqualification votes must be conducted by secret ballot.
10.10 The burden of proof shall be on the complainant or University, whichever
is applicable, to prove whether it is more likely than not that the student did violate
a Code provision and/or University policy.
10.11 The Chair shall determine what evidence is admissible. Formal rules of
evidence shall not apply.
‒ 15 ‒
10.12 The respondent, the complainant, and/or the Board members may examine
the written evidence offered and may question all witnesses.
10.13 The respondent will not be forced to testify against himself or herself and
their silence shall not be used to their detriment.
10.14 Individuals referred to in any written statements or testimony of
respondent, complainant, and/or witnesses may be called as witnesses by the
University Hearing Board. The Chair shall determine the length of any such
witness testimony and when it shall be heard during the hearing.
10.15 At the conclusion of the presentations, the Board shall deliberate the
violation stage of the proceeding in closed session. After deliberation and a vote,
the decision of the Board will be announced to the participants.
10.16 The Board may hear evidence concerning sanctioning if the respondent
is found to have violated the Prohibited Conduct Section of the Student Code
of Conduct. The Board may consider the respondent’s prior disciplinary record
during the sanctioning phase of the proceedings in order to recommend the
appropriate sanction(s).
10.17 Decisions by the Board shall be by majority vote. In the event of a tie, the
Chair will vote to break the tie.
10.18 Hearings will be recorded and, upon written request, the respondent will be
afforded access to the recording of the hearing. The only recording devices allowed
in the hearing are those provided by the Hearing Officer.
10.19 The Board’s determination of violation and recommendation of sanction(s)
will be forwarded to the Hearing Officer for further action. The Hearing Officer
will notify the respondent of the decision in writing within seven business days of
the hearing. The Hearing Officer will also make a copy of the decision available to
the respondent in the Dean of Students Office.
11. Sanctions
Factors to be taken into consideration when issuing sanctions include, but are
not limited to: the respondent’s motivation for displaying the behavior; the
respondent’s disciplinary history; the extent to which the behavior jeopardizes the
safety and security of the University of Houston community; and, the likelihood
of the behavior occurring again. Upon written request, the Hearing Officer will
disclose the results of campus disciplinary proceedings to the victim of a nonforcible sex or a violence related policy violation.
Upon a finding of a violation of the Prohibited Conduct Section of the Student
Code of Conduct, one or more of the following sanctions may be imposed:
11.1 Expulsion permanently separates the student from the University and
prohibits the student from ever attending the University, enrolling in any
University courses and/or from being present on University grounds without
‒ 16 ‒
the permission of the Dean of Students Office. Expulsion will be noted on the
student’s permanent record. A student who has been expelled from any University
of Houston System component shall be ineligible to enroll at any other system
component during the period of expulsion.
11.2 Suspension prohibits the student from attending the University, enrolling
in any University courses and from being present on University grounds without
the permission of the Dean of Students Office for a specified period of time.
A student suspended for prohibited conduct is not guaranteed readmission to
the University, but shall petition the Dean of Students to review the student’s
eligibility for readmission. Suspension will be noted on the student’s permanent
record. A student who has been suspended from any University of Houston System
component shall be ineligible to enroll at any other system component during the
period of suspension.
11.3 Deferred Suspension allows a sanction of suspension to be deferred to a
specific date in the future. If a student is found in violation of any University rule
while under the sanction of deferred suspension, the suspension sanction may be
implemented immediately and additional conduct sanctions appropriate to the new
violation(s) may be imposed. Students under the sanction of deferred suspension
may be subject to additional restrictions identified by the Dean of Students Office.
Failure to comply with the additional restrictions established by the Dean of
Students Office will be considered additional conduct violations.
11.4 Disciplinary Probation is a sanction in which students are considered “not
in good standing” with the University. Any further misconduct while on probation
may result in additional disciplinary action up to and including expulsion from the
University. Students under the sanction of probation may be subject to additional
restrictions identified by the Dean of Students Office. A sanction of probation is
imposed for a definite period of time. Probation will be noted on the student’s
permanent record during the period of probation.
11.5 Revocation of Admission and/or Degree may be imposed for fraud,
misrepresentation, or other violations of University rules in obtaining admission or
a degree, or for other serious violations committed by an applicant or by a student
prior to the awarding of the degree.
11.6 Educational Programs or Assignments are sanctions designed to develop
and/or expand a student’s understanding of a University rule or policy and/or
support the student’s learning in relation to the rule or policy that was violated.
11.7 Reprimand is an official written notification retained in a student’s
disciplinary file designed to inform the student that their behavior has been
unacceptable.
11.8 Restitution or compensation for loss, theft, deception, damage or injury
which may take the form or appropriate service and/or monetary or material
replacement.
‒ 17 ‒
11.9 Warning is a sanction which advises a student that they have engaged in
behavior that is unbecoming of a member of the University community. This sanction
remains in effect for a specified period of time, after which, it may be removed from
the student’s conduct record at the student’s request. Any further misconduct during
a sanction of warning may result in additional disciplinary action.
11.10 Other Sanctions may include, but are not limited to, disenrollment,
referral for mandatory assessment by a qualified licensed professional, mandatory
counseling requirements, no contact orders, restrictions from specific areas in
University buildings and/or on University grounds, restrictions from participating
in intercollegiate athletics, extracurricular activities, and residential life activities;
monetary fines; community service; disciplinary room change for residence
students, and/or ban or removal from University housing facilities. Students may
also be required to meet periodically with a person designated by the Hearing
Officer.
12. Interim Suspension
12.1 The Dean of Students or designee may immediately suspend a student on an
interim basis prior to a hearing when the Dean of Students or designee has reasonable
cause to believe that the student’s presence on University premises or at a Universityrelated or registered student organization activity poses a significant risk of substantial
harm to the safety or security of any member of the University community or to
property, the student may be immediately suspended from all or any portion of
University premises, University-related activities or registered student organization
activities. This temporary suspension will be confirmed in writing and shall remain
in effect until the conclusion of a Disciplinary Conference or Hearing Board hearing,
without undue delay, in accordance with the Student Disciplinary Rules.
12.2 The Hearing Officer will notify the student(s) of the interim suspension
by issuing notice of interim suspension. This notice will include a statement of
the regulation(s) that the student allegedly violated, a specific statement of the
facts constituting the alleged violation, and will direct the student(s) to contact
the Dean of Students Office to schedule a Procedural Interview with the Hearing
Officer within five business days of the notice. The notice will also include a copy
of the Student Code of Conduct and/or the web address of the code. The notice of
interim suspension may be issued initially by the Chief of Police or designee when
there is reasonable cause to believe that the student(s) poses an immediate threat
to the University community. In such cases, the Hearing Officer will subsequently
issue notice of interim suspension pursuant to this section.
‒ 18 ‒
12.3 An extension to the requirement to schedule a meeting with the Hearing
Officer within a five business day period may be granted by the Hearing Officer for
good cause.
12.4 Students who fail to schedule the Procedural Interview within the five
business day period outlined in Item 6.1 will be considered to have elected to
proceed in the Student Disciplinary Procedures with a Disciplinary Conference.
12.5 If the sanction for a confirmed violation of the Code of Conduct is to
suspend or expel the student, the sanction takes effect from the date of the interim
suspension.
13. Interim No Contact Orders
The Dean of Students or designee may immediately issue a no contact order on an
interim basis prior to a hearing if it is believed necessary to protect a person’s safety
and/or preserve a safe environment. A no contact order prohibits a student’s or a
student organization’s contact with a specific individual or individuals.
14. Withholding of Transcripts, Grades, Diploma, or Degree
The Dean of Students or designee may withhold an official transcript, grade,
diploma, or degree of a student alleged to have committed a violation of a
University of Houston rule and/or the Prohibited Conduct Section of the Student
Code of Conduct. The Dean of Students or designee may take such action pending
a Hearing Board hearing or Disciplinary Conference, and/or the exhaustion of the
student’s appellate rights.
15. Counseling Referrals
The Hearing Officer may refer any student who is the subject of prohibited conduct
allegations to Counseling and Psychological Services (CAPS) or the University
Health Center. CAPS or the University Health Center may, with written permission
of the student, discuss the results of the referral with the Hearing Officer. The
student may refuse to attend a session with CAPS or the University Health Center
without penalty at which time the disciplinary process will continue as if no
referral were made.
16. Reporting at the Request of the Dean of Students
A request to meet with or respond to the Dean of Students or designee shall be
heeded by all students. The request of the Dean of Students or designee shall have
priority over all other duties of the student. The student will respond at the time
and place set by the Dean of Students or designee unless arrangements are made
‒ 19 ‒
because of extraordinary circumstances. Failure to report or respond as directed by
the Dean of Students or designee on any matter shall constitute a separate violation
of this Code and may result in disciplinary action.
17. University Hearing Board Appearances
The Dean of Students or designee shall have the authority to require a student to
appear before the University Hearing Board at a designated time and place when
the student’s presence is necessary to resolve a question which is before the Board.
The Dean of Students or designee shall have the authority to require the student to
produce such items as are relevant to the adjudication.
18. Official Withdrawal from the University of Houston
The Dean of Students Office may place a disciplinary hold on the records and
future enrollment of any student who withdraws from the University prior to the
resolution of pending disciplinary action. The Dean of Students Office may also
place a notation on the student’s official transcript indicating that, “Disciplinary
proceedings are pending at the University of Houston.” Students remain subject to
the jurisdiction of the Student Disciplinary Procedures even if they withdraw from
the University while disciplinary proceedings are pending.
19. Appeals
19.1 An appeal is not an opportunity to re-hear the original conduct case and
will not be granted based on a respondent’s disagreement with the outcome of the
original conduct case.
19.2 An appeal may only be based upon the following grounds:
a. New information, not available at the time of the original hearing, was
discovered and such new information could affect the decision rendered
in the original conduct case.
b. Procedural error that resulted in material harm or prejudice to the
student (i.e., by preventing a fair, impartial, or proper hearing). Deviations
from the designated procedures will not be a basis for sustaining an appeal
unless material harm or prejudice results.
c. The sanction imposed as the result of the original hearing was excessively
severe in relation to the violation that the student was found to have
committed. Appeals submitted on a claim that the sanction was
excessively severe do not have bearing on the finding of “in violation” and
relate only to the sanctions imposed.
19.3 The Dean of Students will serve as the Appellate Officer for all conduct
cases in which a sanction of expulsion, suspension, eviction, and/or revocation of
‒ 20 ‒
admission or degree was issued as a result of the original conduct hearing.
19.4 The Associate Dean of Students or designee will serve as the Appellate
Officer for all conduct cases occurring outside of the areas under the control of
Student Housing and Residential Life in which a sanction other that expulsion,
suspension, eviction, and/or revocation of admission or degree was issued as a
result of the original conduct hearing.
19.5 The Associate Director for Residential Life or designee will serve as the
Appellate Officer for all conduct cases occurring in areas under the control of
Student Housing and Residential Life in which a sanction other that expulsion,
suspension, eviction, and/or revocation of admission or degree was issued as a
result of the original conduct hearing.
19.6 The Appellate Officer will review requests for appeal to determine if
acceptable grounds for appeal have been demonstrated.
19.7 Respondents may appeal the decision of the Hearing Officer by filing a
written appeal, including a detailed explanation of the reason for the appeal
consistent with the grounds for appeal outlined in Section 19.2, with the
appropriate Appellate Officer within ten business days after receiving written
notification of the decision.
19.8 The Appellate Officer will render a decision and notify the respondent in
writing within ten business days of receipt of the appeal.
19.9 The decision of the Appellate Officer shall be final.
20. Disciplinary Records
20.1 The University shall maintain a permanent written disciplinary record for
every student assessed a sanction of suspension, expulsion, denial or revocation of a
degree, and/or withdrawal of diploma.
20.2 A disciplinary record shall reflect the nature of the charge, the disposition of
the charge, the sanction assessed, and any other pertinent information. Disciplinary
records shall be maintained by the Dean of Students Office. Disciplinary records
will be treated as confidential and shall not be accessible to or used by anyone
other than the Dean of Students or University officials with legitimate educational
interests; except upon written authorization of the student or in accordance with
applicable state or federal laws or court order or subpoena.
20.3 Disciplinary records of students who were not assessed a sanction of suspension,
expulsion, denial or revocation of a degree, and/or withdrawal of a diploma will be
maintained by the Dean of Students Office for six years after the final disposition of the
case in accordance with the University’s Records Retention Schedule.
20.4 Disciplinary warning records are maintained as active conduct records by
the Dean of Students Office for the specified period of warning. Students issued
‒ 21 ‒
a warning sanction may request that the record be expunged once the period of
warning has expired or when they have graduated from the University.
21. Student Groups and Registered Student Organizations
21.1 Student groups and registered student organizations are subject to the same
behavioral expectations as individual students and as such, may be charged with
violations of the Prohibited Conduct Section of the Student Code of Conduct.
The same Student Code of Conduct procedures afforded individual students are
applicable to student groups and registered student organizations.
21.2 Student groups and registered student organizations, their members, as
well as other students may be held collectively and/or individually responsible for
violations that occur on University grounds, on premises used or controlled by the
group or organization, and/or at University sponsored activities on or off campus.
The disciplinary jurisdiction set forth in Item 1.1 applies to individual students,
student groups and registered student organizations.
21.3 Student groups and registered student organizations and their officers may
be held collectively and/or individually responsible for violations of the Code
when the organization’s leaders, officers, or spokespersons have given tacit or overt
consent or encouragement for the prohibited conduct.
21.4 Student group and registered student organization leaders, officers, and/
or spokespersons may be directed by the Dean of Students or designee to take
action to prevent or end violations of the Code by members of the organization
or by any persons associated with the organization. Failure to make reasonable
efforts to comply with the directives of the Dean of Students or designee shall be
considered a violation of the Code by the leaders, officers, and spokespersons of the
organization as well as by the organization.
21.5 Sanctions for student group and/or registered student organization
misconduct may include revocation or denial of registration as well as other
appropriate sanctions cited in Sections 11 and 12 of the Code.
Approval: August 24, 2015
Dr. Richard Walker
Vice Chancellor/Vice President for Student Affairs and Enrollment Services
Review/Responsibility:
Annually by Dr. William F. Munson
Associate Vice President for Student Affairs and Dean of Students
‒ 22 ‒
Alcohol Policy
As an institution interested in the intellectual, physical, and psychological wellbeing of the campus community, the University of Houston deems it important
to curtail the abusive or illegal use of alcoholic beverages. All members of the
University of Houston community and guests are required to comply with federal,
state, and local laws regarding the distribution, possession, and consumption of
alcoholic beverages. Such laws include the following:
a.An individual under 21 years old commits an offense if he purchases,
consumes, or possesses alcohol.
b.
A person commits an offense if he purchases, gives, or knowingly makes
alcohol available to an individual under 21 years.
c.
A person under 21 years commits an offense if he falsely states that he is 21
years of age or older or presents any document that indicates that he is 21
years of age or older to a person selling or serving alcoholic beverages.
d.
A person commits an offense if he appears in public under the influence of
alcohol to the degree that the person may endanger himself or another.
e.
A person commits an offense if he is intoxicated while driving or operating a
motor vehicle in public.
f.
The sale of any type of alcoholic beverage is prohibited unless the seller
possesses a valid license or permit. Selling includes, but is not limited to,
including the price of alcoholic beverages in the admission price, and/or giving
away the alcoholic beverage but charging for the food.
g.
Civil liability may attach to a social host serving alcohol to an intoxicated
individual who later injures himself or another.
It is university policy that the possession, consumption, and/or distribution of any
alcoholic or intoxicating beverage in an open receptacle or a container which has
been opened is prohibited in any public area of the University of Houston campus
except at:
1. Events for students (including events planned by staff or faculty for students
and events sponsored by students or student organizations) authorized by the
Dean of Students Office in accordance with the Alcohol Distribution Policy in
the official UH Student Handbook;
2.Faculty/staff events authorized by the President, Vice Presidents, Associate or
Assistant Vice Presidents, Deans or Academic Department Chairs; and
3.The Hilton University of Houston Hotel and on-campus restaurant or food
service areas where alcohol is legally distributed or sold.
The term public area is defined as campus parking lots, campus grounds or any
outside enclosed area or portion thereof, to which the public is invited or given
‒ 23 ‒
general unrestricted access, as well as the inside classrooms, lobbies, lounges,
corridors and restrooms of the campus buildings.
An individual or group which sponsors an event at which alcoholic beverages are
made available is responsible for adherence to the applicable laws and applicable
university policies.
Distribution of Alcoholic Beverages
Recognizing an educational responsibility, the University has developed these
and other regulations to promote students’ responsible decision-making and
behavior relative to the use of alcoholic beverages. Distribution procedures must
be followed for on-campus events by student organizations and others sponsoring
the events for students. The Dean of Students is responsible for interpreting these
procedures and for developing guidelines for its implementation. Registering
to distribute alcoholic beverages on the campus of the University of Houston
is a privilege granted to registered student groups and departments. Failure to
adhere to University procedures may result in the denial of future registration and
disciplinary action.
Procedures for Distribution of Alcoholic Beverages at Student Events
1. Departments or registered campus organizations desiring to serve or consume
any type of alcoholic beverage on campus must register their event in advance by
means of the Registration of Alcoholic Beverage Distribution Form. Forms may be
obtained from the Dean of Students Office and must be completed and filed in the
Dean of Students Office at least 15 business days in advance of the event in order
to permit time to clarify issues and to distribute copies of the registration to other
university officials. Registration forms must be reviewed by the Dean of Students
or designate. A signature from the Dean of Students or designate must be received
prior to advertising the event. Individuals within the department or organization
must identify themselves as responsible for compliance with the University of
Houston’s policies on the distribution of alcoholic beverages as well as federal,
state and local laws. A copy of the signed registration form for alcoholic beverage
distribution must be available at the event as proof that registration was made.
2. Alcoholic beverages may be distributed in areas approved for programming
within designated hours. Space and facilities for the event must be reserved
through the appropriate university channels. Alcoholic beverages may be dispensed
at campus events between 5 p.m. and 12 a.m. on Monday through Friday and
between noon and 12 a.m. on Saturday and Sunday. For special campus-wide
events, the Dean of Students or designate may permit earlier distribution.
3. Any event at which alcoholic beverages are to be consumed pursuant to
this policy may not have that consumption be the main focus of the event. Any
publicity for the event may refer to such beverages only as incidental to the
‒ 24 ‒
event. Advertising will not portray drinking as a solution to personal or academic
problems. Also, it may not promote gimmicks or games (i.e., “one charge for all you
can drink,” “chugging contests,” “drink and drown contests,” etc.), which enhance
irresponsible drinking.
4. Persons responsible for distributing alcoholic beverages must:
a. Be 21 years of age or older.
b.Check a valid driver’s license or Texas ID for proof of age and identify
legal age drinkers by the use of a hand stamp or a wristband.
c.Post a sign at the point of distribution indicating “No alcoholic beverages
may be consumed by anyone under age 21.”
d.Have nonalcoholic beverages available and displayed throughout the event
as prominently as the alcoholic beverages. If the alcoholic beverages are
being distributed free, a nonalcoholic beverage other than water must be
available at no charge.
e.Stop serving alcoholic beverages one hour before the event’s scheduled
conclusion or at 12 a.m., whichever is the earlier time.
f.Cease serving alcoholic beverages to any person who appears to be under
the influence of alcohol or any other intoxicating substance, to the degree
that he or she may endanger himself or another.
g.Take other appropriate steps they may identify to encourage the
responsible use of alcoholic beverages at their event.
h.Post a sign announcing their willingness to call a cab for those under the
influence of alcohol or any other intoxicating substance.
i.Provide food items in sufficient amounts for the number of persons
attending the function.
5. Students shall not:
a. Use false identification cards in order to receive alcoholic beverages;
b. Provide alcoholic beverages to a minor;
c.Consume alcoholic beverages on campus except in approved food
establishments, at events where such beverages are being distributed
legally and in approved areas in the residence halls;
d.Bring alcoholic beverages into or out of an event where such beverages
are being distributed legally.
Students will be held responsible for their guests’ compliance with University
regulations.
The Executive Director of Student Housing and Residential Life and the Assistant
Vice President for Student Life may impose additional regulations in the residence
halls and in the University Center and UC Satellite respectively.
For additional information, including a summary of state law, resources for
assistance, and educational guidelines or programming, contact the Department
‒ 25 ‒
of Campus Activities, the Health Center, the UC Conference and Reservation
Services (CARS) Office, Counseling and Psychological Services (CAPS) or the
Dean of Students Office.
The Distribution of Alcoholic Beverages Policy does not apply to football game
tailgating activities. Football tailgates are governed by the General Rules for
Tailgating administered by the Athletics Department. Tailgate sponsors should
register with and secure the General Rules for Tailgating from the Athletics
Department.
‒ 26 ‒
UH Philosophy Regarding Hazing
• The University of Houston believes that true human development can best occur
in an atmosphere of social and ethical responsibility.
• The University views responsible pre-initiation activity as a positive educational
approach to preparation for student organization membership.
• The University views hazing activities as not contributing to the positive
development or welfare of the individual.
• Therefore, the University of Houston recognizes acts of hazing as irresponsible,
intolerable and inconsistent with the principles of higher education and basic
human development and may be illegal.
UH Hazing Policy
I. Hazing Defined
Hazing is defined as any action taken or situation created which, regardless of
intent or consent of the participants:
a.Produces or is reasonably likely to produce, bodily harm or danger,
mental or physical discomfort, embarrassment, harassment, fright,
humiliation or ridicule, or otherwise compromises the dignity of an
individual;
b.Compels an individual to participate in any activity which is unlawful
and/or contrary to the rules, policies and regulations of the University;
c.Will, unreasonably or unusually, impair an individual’s academic efforts,
and/or
d.Occurs on or off campus.
All students are strictly prohibited from engaging in any hazing activity.
II. Examples of actions and activities which are explicitly prohibited
include but are not limited to the following:
a.Compelling individuals to consume alcohol or drugs.
b.Paddling in any form, shoving or otherwise striking individuals.
c.Compelling individuals to wear or carry unusual, uncomfortable,
degrading or physically burdensome articles or apparel.
d.Compelling individuals to engage in sexual behaviors, sexual or racial
harassment or slurs or exhibitionism.
e.Depriving individuals of the opportunity for sufficient sleep, decent edible
meals or access to means of bodily cleanliness.
f.Activities which impair an individual’s academic efforts by causing
exhaustion, loss of sleep or reasonable study time, or by preventing an
individual from attending class.
‒ 27 ‒
g.The creation of excessive fatigue by participation in physically demanding
activities (calisthenics, runs, etc.).
h.Compelling individuals to eat or drink unusual substances or compelling
the consumption of undue amounts or odd preparations of food.
i.Having substances thrown at, poured on or otherwise applied to the
bodies of individuals.
j.Morally degrading or humiliating games or any other activities which
make an individual the object of amusement, ridicule or intimidation.
k.Transporting individuals against their will, abandoning individuals at
distant locations, or conducting any “kidnap,” “ditch” or “road trip” that
may in any way endanger or compromise the health, safety or comfort of
any individual.
l.Causing an individual to be indecently exposed or exposed to the
elements.
m.Requiring an individual to remain in a fixed position for a long period of
time.
n.Compelling an individual to be branded or tattooed.
o.“Line-ups” involving intense shouting of obscenities or insults.
p.Compelling individuals to participate in activities (pranks, scavenger
hunts, etc.) which encourage the defacement of property; engage in
theft; harass other individuals, groups of individuals or organizations; or
disrupt the normal activities of the University.
q.Tests of courage, bravery, stamina or sexuality.
r.Intentionally deceiving members, prior to initiation, to make them believe
they will not be initiated.
s.Intentionally deceiving new members (pledges, associates, initiates, etc.) to
make them think they will be struck or hurt.
t.Excluding an individual from social contact for prolonged periods of time.
u.Compelling an individual to engage in acts of personal servitude.
III. Consent Is No Defense
Any of the activities described above upon which the initiation or admission
into, or affiliation with, or continued membership in an organization is directly
conditioned, shall be presumed to be “compelled activities;” the willingness of an
individual to participate not withstanding.
IV. Burden of Acceptability
The burden to ensure that student organization activities are acceptable under this
policy rests with the student organization. This is a preliminary test for hazing: If
you are not sure whether an activity is hazing, it probably is. Therefore, the activity
should be dropped or discussed with the appropriate University official. Questions
‒ 28 ‒
regarding the acceptability of a proposed student organization activity should be
discussed with an activities advisor in the Center for Fraternity and Sorority Life
or the Center for Student Involvement.
V. Applicability of Community Standards
The terms and concepts (e.g., humiliating, degrading, unusual, uncomfortable,
embarrassing, demeaning, etc.) cited in this policy shall be interpreted by university
officials in relation to acceptable and applicable community standards.
VI. Enforcement
a.The President or Chair of each registered student organization is
responsible for informing the members (pledges, associate members,
initiated members, affiliates, etc.) of the organization of the UH policy
regarding hazing. It is suggested that the President or Chair read and
distribute a copy of this policy to each member of the organization during
the first meeting of each semester.
b.The President or Chair of each registered student organization is
responsible for informing guests and alumni members of this policy and
is additionally responsible for controlling the actions of guests and alumni
members relative to this policy.
c.It is the responsibility of any and all individuals who have firsthand
knowledge of the planning or actual occurrence of a hazing activity to
promptly report said knowledge to the Dean of Students Office.
‒ 29 ‒
Summary of the Texas Education Code Regarding Hazing
I. Definition of Hazing
Hazing means any intentional, knowing or reckless act, occurring on or off the
campus of an educational institution, by one person alone or acting with others,
directed against a student, that endangers the mental or physical health or safety of
a student for the purpose of pledging, being initiated into, affiliating with, holding
office in or maintaining membership in any organization whose members are or
included students at an educational institution.
The term includes but is not limited to: any type of physical brutality, such as
whipping, beating, striking, branding, electronic shocking, placing of a harmful
substance on the body or similar activity; 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 or harm or
that adversely affects the mental or physical health or safety of the student; any
activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug
or other substance which subjects the student to an unreasonable risk or harm or
which adversely affects the mental or physical health or safety of the student; any
activity that intimidates or threatens the student with ostracism, that subjects the
student to extreme mental stress, shame or humiliation, or 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 subsection; any activity that induces, causes or
requires the student to perform a duty or task which involves a violation of the
Penal Code.
II. Personal Hazing Offense
A person commits an offense if he or she engages in hazing; solicits, encourages,
directs, aids or attempts to aid another in engaging in hazing; recklessly permits
hazing to occur; or has firsthand knowledge of the planning of a specific hazing
incident involving a student in an educational institution, or firsthand knowledge
that a specific hazing incident has occurred, and knowingly fails to report said
knowledge in writing to the Dean of Students Office or other appropriate official/
office of the institution.
Penalties
1.Failure to report hazing – fine up to $2,000; jail up to 180 days; or both.
2.Hazing without serious bodily injury – fine up to $2,000; jail up to 180 days; or
both.
3.Hazing with serious bodily injury – fine up to $4,000; jail up to one year; or
both.
‒ 30 ‒
4.Hazing resulting in death – fine up to $10,000; jail not less than 180 days nor
more than two years; or both.
* I n cases which do not result in death, community service may be imposed in lieu of a jail
sentence.
III. Organization Hazing Offense
An organization commits a hazing offense if the organization condones or
encourages hazing or if an officer or any combination of members, pledges or
alumni of the organization commits or assists in the commission of hazing.
Penalties
Hazing that does not result in personal injury, property damage or loss: fine of not
less than $5,000 nor more than $10,000.
Hazing that results in personal injury, property damage or loss: fine of not less than
$5,000 nor more than double the amount lost or expenses incurred because of such
injury, damage or loss.
IV. Consent Not a Defense
It is not a defense to prosecution of an offense that the person against whom the
hazing was directed consented to or acquiesced in the hazing activity.
V. Immunity from Prosecution
The court may grant immunity from prosecution to each person who is
subpoenaed and does testify for the prosecution. Any person reporting a specific
hazing incident to the Dean of Students Office or other appropriate official/office
and/or participates in any judicial proceeding as a result of the report is immune
from liability, civil or criminal. Medical practitioners reporting treatment of
students who have been subjected to hazing activities shall be immune from civil or
other liability. Persons reporting in bad faith or with malice are not protected.
VI. Offenses in Addition to Other Penal Provisions
The educational institution may enforce its own penalties against hazing.
VII. University of Houston Student Organization Hazing Policy
Violations
Each institution of higher education in the State of Texas is required to publish or
distribute a list of registered student organizations that have been disciplined or
convicted for hazing violations on or off campus during the previous three years.
As of September 1, 2015, no UH registered student organizations have been
disciplined or convicted for hazing violations on or off campus during the previous
three years.
‒ 31 ‒
Sexual Misconduct Policy
1. Purpose
1.1. This Policy provides the exclusive mechanism for managing the noncriminal reporting, processing, investigation, and resolution of complaints of
sexual misconduct filed with the University of Houston System and its component
institutions (“University”). For the purpose of this policy, Sexual Misconduct is
defined as:
1.
Sexual Harassment
2.
Non-Consensual Sexual Contact
3.
Sexual Assault
4.
Sexual Exploitation
5.
Intimate Partner Violence (Domestic and Dating Violence)
6.
Stalking
1.2. The University is committed to maintaining and strengthening an educational,
working and living environment where students, faculty, staff and visitors are
free from sex discrimination of any kind. Sexual Misconduct (as defined in this
policy), a form of sex discrimination, is antithetical to the standards and ideals of
the University. The University will take appropriate action in an effort to eliminate
Sexual Misconduct from happening, prevent its recurrence and address its effects.
1.3. The University aims to eradicate Sexual Misconduct through education,
training, policies and serious consequences for violations of its policies. The
University will conduct educational programs, including ongoing prevention
and awareness campaigns, designed to promote awareness and prevent Sexual
Misconduct.
1.4. This Sexual Misconduct Policy (“Policy”) defines and describes prohibited
sexual conduct and establishes a procedural mechanism for providing a prompt,
fair, and impartial investigation and resolution of complaints of Sexual Misconduct.
(Please see the University’s Discrimination Policy, SAM 01.D.07, to find the
procedural recourse for responding to unlawful discrimination and harassment
incidents that do not constitute Sexual Misconduct.)
1.5. Consistent with its commitment to addressing sex discrimination and
harassment, the University complies with Title IX of the Education Amendments
of 1972 (“Title IX”), which prohibits discrimination on the basis of sex in education
programs or activities, Title VII of the Civil Rights Act of 1964 (“Title VII”), which
prohibits sex discrimination in employment, and Section 304 of the Violence Against
Women Reauthorization Act of 2013 (also known as the Campus Sexual Violence
Elimination Act (SaVE Act). Sexual Misconduct, as defined in this Policy, constitutes a
form of sex discrimination prohibited by Title IX and Title VII. Inquiries concerning
‒ 32 ‒
the application of Title IX may be referred to the University Title IX Coordinator or
to the U.S. Department of Education Office for Civil Rights.
1.6. All members of the University are expected to adhere to this policy, to
cooperate with the procedures for responding to complaints and to report conduct
or behavior that they believe to be in violation of this Policy (See Sections 11 and 12
for reporting procedures). The University will take seriously allegations of Sexual
Misconduct and will take prompt disciplinary action against any individuals within
its control who violate this Policy. During its investigation into these matters, the
University will work to ensure that all persons are given appropriate support and fair
treatment.
1.7. This Policy applies to all University administrators, faculty, staff, students, and
third parties within the University’s control, including visitors and applicants for
employment. This policy applies regardless of the complainant’s or respondent’s sex,
sexual orientation, gender identity, gender expression, immigration or citizenship
status. Moreover, acts of Sexual Misconduct can occur between strangers or
acquaintances.
1.8. Prohibited actions defined in this policy may also constitute a violation of
criminal law. Anyone who reports Sexual Misconduct will be notified of their right
to speak to the appropriate law enforcement agency and file a report for possible
criminal prosecution.
2. General definitions
2.1. Complainant – A party or entity (in the case of the University) who makes a
complaint of Sexual Misconduct under Section 11 of this Policy.
2.2. Intimate Partner Violence – A term used to describe a range of prohibited
actions that occur between people who have or have had a romantic or sexual
relationship. Intimate partner violence can be a single event or a pattern of behavior
that includes sexual and/or physical abuse. The term encompasses domestic violence
and dating violence as further described in Section 8.
2.3. Respondent – A party who has been accused of committing an act of Sexual
Misconduct by a Complainant under Section 16 of this Policy.
2.4. Responsible Employee – A University employee who has the duty to report
incidents of sexual misconduct to the Title IX Coordinator or other appropriate
designee, or an employee whom an individual could reasonably believe has this
duty. Responsible employees include all administrators, faculty, supervisory staff,
resident life coordinators and graduate teaching assistants, except any employee with
confidentiality obligations as defined in Section 10.7.
2.5. Sexual Activity – Intercourse, however slight, meaning: Vaginal penetration by
a penis, object, tongue or finger, Anal penetration by a penis, object, tongue or finger,
Oral copulation (mouth to genital contact or genital to mouth contact). Sexual activity
‒ 33 ‒
also includes: Any intentional contact with another’s intimate body parts defined as
the person’s breasts, buttock, groin, or genitals, Touching another with any of these
body parts, Making another touch a person or themselves with or on any of these
body parts; Any intentional bodily contact in a sexual manner, though not involving
contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
2.6. Sexual Misconduct – A broad term encompassing a range of non-consensual
sexual activity or unwelcome behavior of a sexual nature. The term includes sexual
harassment, nonconsensual sexual contact, sexual assault, sexual exploitation,
stalking, and intimate partner violence as further described in Section 6.
2.7. Student – Any person who has been accepted for admission or who is currently
or was previously enrolled in the University pursuing undergraduate, graduate or
professional studies, whether full-time or part-time, and a person who is registered
for a future semester.
2.8. Title IX Coordinator – The person who has been designated on each
component institution campus to coordinate efforts to comply with and implement
this Policy. The Title IX Coordinator is responsible for conducting the administrative
investigation of reports of Sexual Misconduct and is available to discuss options,
provide support, explain University policies and procedures and provide education
on relevant issues. The Title IX Coordinator may designate one or more Assistant
Title IX Coordinators. The Title IX Coordinators for each component institution
campus are:
• University of Houston System/University of Houston
Assistant VC/VP for Equal Opportunity Services 713.743.8835
• University of Houston – Downtown
Vice President for Employment Services and Operations 713.222.5366
Student Conduct Officer/Title IX Coordinator or 713.221.8056
• University of Houston – Clear Lake
Executive Director, Human Resources and Affirmative Action 281.283.2164
• University of Houston – Victoria
Director, Human Resources/Equal Opportunity/Title IX Coordinator
or Assistant Equal Opportunity/Title IX Coordinator
361.570.4800; 361.570.4835
2.9. University-Affiliated Activity – Any activity on or off campus that is
initiated, aided, authorized or supervised by the University or by an officiallyrecognized organization of the University.
2.10. University Community – All faculty, staff, and students of and visitors to
any University premises or University-affiliated activity.
2.11. University Premises – Buildings or grounds owned, leased, operated,
controlled or supervised by the University.
‒ 34 ‒
3. Jurisdiction
3.1. The University has jurisdiction over, and will respond to, allegations of Sexual
Misconduct occurring on the University’s premises, at University Affiliated Activities,
and/or where both the accused person and alleged victim are a student, faculty, or
staff. The University does not have jurisdiction over allegations between visitors or
non-affiliated persons.
3.2. The University has the discretion to investigate conduct occurring off
University premises or at a non-University affiliated activity if the Complainant and
Respondent are UH-affiliated.
3.3. The process outlined in this Policy is separate from any criminal proceeding
related to the reported behavior and may occur while criminal proceedings are ongoing.
3.4. Proceedings under this Policy will not be dismissed or delayed because criminal
prosecution is pending, criminal charges have been dismissed, or the criminal charges
have been reduced.
3.5. Proceedings may also continue if a party is no longer employed with or a
student of the University.
3.6. The University does not limit the timeframe for filing a complaint of Sexual
Misconduct. Complaints can be submitted at any time following an incident,
although the University’s ability to take action may be limited by the passage of time.
4. Consent
4.1. For purposes of this Policy, consent is an informed and freely and affirmatively
communicated willingness to participate in a particular sexual activity.
4.2. Consent can be expressed either by words or by clear and unambiguous
actions, as long as those words or actions create mutually understandable permission
regarding the conditions of each instance of sexual activity.
4.3. Although consent does not need to be verbal, verbal communication is the most
reliable form of asking for and gauging the receipt of consent, and individuals are
thus urged to seek consent in verbal form for each instance of sexual activity before
they initiate the sexual activity.
4.4. It is the responsibility of the person who wants to initiate a sexual activity to
ensure that they have the consent of the other(s) to initiate in each instance of sexual
activity before they initiate the sexual activity.
4.5. Consent is active, not passive, and cannot be inferred from the absence of a “no.”
4.6. Silence or lack of protest or resistance, without actions demonstrating
permission, cannot be assumed to show consent.
4.7. The existence of a dating relationship or a previous sexual relationship between
‒ 35 ‒
the persons involved does not provide the basis for an assumption of consent to
future sexual activity.
4.8. Consent must be present throughout the sexual activity, and consent to some
form of sexual activity cannot be automatically taken as consent to any other sexual
activity.
4.9. At any time, a participant can communicate that they no longer consent to
continuing the sexual activity.
4.10. If there is confusion as to whether an individual has consented or continues
to consent to sexual activity, it is essential that the initiating person stops the sexual
activity until the confusion is clearly resolved.
4.11. Alcohol or other drugs can lower inhibitions and create an atmosphere of
confusion over whether consent is freely and effectively given. Because consent
is difficult to discern when a person has ingested alcohol and other drugs, anyone
wanting to initiate sexual activity is strongly encouraged to err on the side of caution
when either they or the person(s) they want to initiate the activity with appear(s) to be
intoxicated.
4.12. Being under the influence of drugs and/or alcohol is never a defense for not
obtaining consent.
4.13. A person cannot consent if physical force or violence is used or threatened.
5. Incapacitation
5.1. A person is incapacitated and cannot consent to sexual activity if:
• The person is unconscious or otherwise unable to resist;
• The person is unaware that sexual activity is occurring;
• The person does not have the legal capacity to consent;
(The definition of consent in the State of Texas can be found at
http://www.statutes.legis.state.tx.us/Docs/PE/htm/PE.22.htm#22.011)
5.2. Further, a person may be unable to consent when they are mentally or
physically incapacitated due to the influence of drugs, alcohol, or medication and as a
result are rendered temporarily incapable of understanding, appraising or controlling
their conduct.
5.3. A person’s incapacity to understand, appraise or control their conduct may be
analyzed based on surrounding factors including, but not limited to, hallucinations,
blackouts, seizures, vomiting, slurred speech, disorientation, or incoordination.
5.4. When a Respondent has been accused of engaging in sexual activity with
an incapacitated person, the perspective of a reasonable person will be the basis
for determining whether the Respondent knew or should have known about the
Complainant’s ability to give consent.
‒ 36 ‒
6. Forms of Sexual Misconduct
6.1. Sexual Harassment
Sexual harassment is a form of sex discrimination that includes verbal, written or
physical behavior of a sexual nature, directed at someone, or against a particular
group, because of that person’s or group’s sex, or based on gender stereotypes, when
that behavior is unwelcome, severe or pervasive, and where it meets either of the
following criteria:
a.
Submission or consent to the behavior is believed to carry consequences
for the individual’s education, employment, on-campus living environment
or participation in a University-affiliated activity. Examples of this type of
sexual harassment include, but is not limited to:
b.
Pressuring another to engage in sexual behavior for some educational or
employment benefit; or
c.
Making a real or perceived threat that rejecting sexual behavior will result
in a negative tangible employment or academic consequence.
The behavior has the purpose or effect of substantially interfering with another’s
work or educational performance by creating an intimidating or hostile environment
for employment, education, on-campus living or participation in a Universityaffiliated activity. Examples of this type of sexual harassment can include, but is not
limited to:
a.
Persistent unwelcome efforts to develop a romantic or sexual relationship;
b.
Unwelcome commentary about an individual’s body or sexual activities;
c.
Unwanted sexual attention;
d.
Repeatedly engaging in sexually-oriented conversations, comments or
horseplay, including the use of language or the telling of jokes or anecdotes
of a sexual nature in the workplace, office or classroom, even if such
conduct is not objected to by those present; or
e.
Gratuitous use of sexually-oriented materials not directly related to the
subject matter of a class, course or meeting even if not objected to by those
present.
The more severe the conduct, the less need there is to show a repetitive series of
incidents to prove a hostile environment, particularly if the harassment is physical. A
single or isolated instance of sexual harassment may create a hostile environment if
the incident is sufficiently severe.
6.2. Non-consensual Sexual Contact
Non-consensual sexual contact is any intentional touching in a sexual manner,
however slight or momentary, or the use of an object to touch another in a sexual
manner.
Examples of non-consensual sexual contact under this Policy include, but are not
‒ 37 ‒
limited to, the following non-consensual sexual activity:
a.
Unwanted touching of a sexual nature;
b.
Use of force or intimidation to make someone else engage in nonconsensual
sexual touching;
6.3. Sexual Assault
For purposes of this Policy, sexual assault is sexual intercourse that occurs without
consent.
Examples of sexual assault under this Policy include, but are not limited to, the
following non-consensual sexual acts:
a.
Penetration of an orifice (anal, vaginal, oral) with the penis, finger or other
object
b.
Oral sex
The definition of sexual assault as used in this Policy may constitute sexual assault
in Texas. Relevant state law can be found at http://www.statutes.legis.state.tx.us/
Docs/PE/htm/PE.22.htm#22.011.
6.4. Sexual Exploitation
Sexual exploitation occurs when a party takes nonconsensual or abusive sexual
advantage of another for their own advantage or benefit, or to benefit or advantage
anyone other than the one being exploited, and that behavior does not otherwise
constitute one of the other Sexual Misconduct offenses. Examples can include, but are
not limited to, the following behaviors:
a.
Prostituting another;
b.
Non‐consensual electronically recording, photographing or transmitting
intimate or sexual utterances, sounds or images without the knowledge and
consent of all parties involved;
c.
Voyeurism or watching or recording someone when that person is in a place
where they would have a reasonable expectation of privacy;
d.
Going beyond the boundaries of consent (such as engaging in actions that
were not consented to during an otherwise consensual encounter);
Distributing intimate or sexual images about another person without that
e.
person’s consent, even if the images were obtained consensually
f.
Knowingly exposing a person to and/or transmitting a sexually-transmitted
infection or HIV/AIDS to another person.
6.5. Stalking
Stalking is engaging in a course of conduct directed at a specific person that would
cause a reasonable person to:
a.
Fear for their safety and/or the safety of others; or
b.
Suffer substantial emotional distress.
For the purposes of this Policy, stalking is considered a severe or pervasive form of
‒ 38 ‒
harassment. This Policy will apply to acts of stalking that:
a.
Occur between people who currently have or have had a romantic or sexual
relationship, or
b.
Occur because of the accused person’s desire to have a romantic or sexual
relationship with the alleged victim.
For the purposes of defining stalking under this Policy:
A “course of conduct” is a pattern of behavior composed of two or more acts, whether
directly by a Respondent or through third parties, over a period of time, however
short, that evidence a continuity of purpose.
“Substantial emotional distress” means significant mental suffering or anguish that
may, but does not necessarily, require medical or other professional treatment or
counseling.
A “reasonable person” means a reasonable person in the Complainant’s
circumstances.
The University may consider multiple actions outlined in this definition as one act
of stalking. A report of stalking will be considered a new and distinct report if the
behavior continues after an official intervention, including, not limited to:
a.
University disciplinary action
b.
The issuance of a no-contact order, or any warning/action by the University
or a court.
The definition of stalking as used in this Policy may constitute stalking in
Texas. Relevant state law can be found at http://www.statutes.legis.state.tx.us/
SOTWDocs/PE/htm/PE.42.htm.
6.6. Intimate Partner Violence
For purposes of this Policy, Intimate Partner Violence includes Domestic (Family)
Violence and Dating Violence.
Actions that may violate this policy include, but are not limited to:
a.
b.
Acts of physical violence
c.
Threats of physical violence
d.
Abduction, restraint, or false imprisonment
e.
Actions that may constitute a felony or misdemeanor crime of violence
according to the laws of jurisdiction where the incident occurred.
6.6.1. Domestic Violence
Domestic Violence includes felony or misdemeanor crimes of violence
committed by:
1.
A current or former spouse or intimate partner of an alleged victim
2.
A person with whom an alleged victim shares a child in common
3.
A person who is cohabitating with or has cohabitated with an alleged
victim as a spouse or intimate partner
‒ 39 ‒
4.
A person similarly situated to a spouse of an alleged victim under the
domestic or family violence laws of the State of Texas http://www.
statutes.legis.state.tx.us/SOTWDocs/CR/htm/CR.5.htm
6.6.2. Dating Violence
Dating violence includes acts between people who are currently or formerly in a
social relationship of a romantic or intimate nature.
For the purposes of this Policy, the existence of such a relationship shall be
determined by the alleged victim with consideration of the following:
The length of the relationship
1.
2.
The type of relationship
3.
The frequency of interaction between the persons involved in the
relationship
Additional Actions that Constitute a Violation of this Policy
1.
An attempt and/or threat to engage in conduct that would otherwise
constitute a violation of this Policy;
2.
Knowingly aiding another in violating this Policy;
3.
Knowingly covering up actions by oneself or others that would
constitute a violation of this Policy, including removing, hiding,
altering or destroying evidence;
4.
Knowingly engaging in actions that impede or obstruct a University
investigation related to this Policy;
4.
Attempting to coerce, compel, or prevent an individual from providing
testimony or relevant information.
6.7. Reporting Rights
a.
Alleged victims of a violation of this Policy have the right to decide if and
when they report the incident(s) to the University, law enforcement, or to
any other member of the University community. The University strongly
encourages individuals to access services, such as counseling and medical
help, that can respond to the immediate mental and physical impact of an
act of Sexual Misconduct. Individuals can access these services regardless of
whether they report what happened.
b.
The University strongly encourages reporting as soon as possible. Prompt
reporting may preserve options that delayed reporting does not, including
immediate police response and the preservation of physical evidence
that may be necessary to prove an alleged criminal offense or to obtain a
protective order.
c.
Once an individual alerts the University of an alleged violation of this Policy
they will be provided with information including this Policy, their rights,
reporting options, and support resources.
‒ 40 ‒
6.7. Confidentiality
a.
Alleged victims and others who are either not required to report or
are bound by state law to remain confidential have the right to remain
confidential.
b.
The University will protect the confidentiality of all individuals involved in
a report or a complaint by refusing to disclose their identifying information
to anyone outside the University to the maximum extent permitted by law.
c.
Anyone can receive information about this Policy, their rights under the
Policy, reporting options, and support resources without disclosing facts
related to the alleged incident.
d.
The following members of the University community can provide this
information:
1.
Title IX Coordinator and any assistant coordinators
2.
Campus law enforcement and/or security
3.
Campus-based counseling staff
4.
Campus-based student health center staff
5.
Human Resources staff
6.
Dean of Students Office staff
7.
Student Housing and Residence Life professional staff
e.
In addition, each component may have their own programs and services
related to the issues covered in this policy.
f.
University staff of campus counseling or health centers, individuals
operating in the role of a pastoral counselor or a confidential advisor, and
other University employees whose job is to provide medical and mental
health care are exempt from required reporting.
g.
Community-based programs not affiliated with the University may also be
confidential resources and would follow their own policies and procedures
regarding reporting duties.
Individuals may request that their report be investigated by the University
h.
without providing their name to the Respondent or witnesses. However,
this may reduce the University’s ability to thoroughly investigate a report.
When the University cannot fully investigate a report or take appropriate
disciplinary action because of a request for a confidential investigation, the
University will pursue other steps to limit the effects of the alleged violation,
attempt to prevent its reoccurrence, and respond to the impact on the
involved parties and the community.
i.
If an individual discloses an incident to a responsible employee but wishes
to maintain confidentiality and/or requests that no investigation into a
particular incident be conducted or disciplinary action taken, the University
‒ 41 ‒
will balance a request for confidentiality with its responsibility to provide a
safe and non- discriminatory environment for the University community.
j.
Request for confidentiality will be evaluated on a case-by-case basis by the
Title IX Coordinator in cooperation with appropriate administrators and
will consider a range of factors, including but not limited to the following:
• Whether there is an increased risk that the accused person may commit
additional violations of this Policy;
• Whether a weapon was used;
• Whether the alleged victim is a minor;
• Whether there are other means to obtain relevant evidence (e.g. security
cameras or personnel, physical evidence); and,
• Whether the report reveals a pattern of alleged actions.
The presence of one or more of these factors could lead the University
to investigate, and, if appropriate, pursue disciplinary action against
respondents under its control.
j.
Information will be shared within the University only to those individuals
with a legitimate need to know.
6.8. Anonymous Reporting
a.
Alleged victims and others not required to report may submit a report
through a web-based reporting system called MySafeCampus, which allows
the option of anonymity.
b.
The web address for MySafeCampus is http://www.mysafecampus.com.
c.
Reports received through this site will be reviewed and may be investigated.
d.
The University will work with anyone who is identified via a My Safe
Campus report or subsequent investigation to provide confidentiality to the
full extent possible under this policy.
6.9. Required reporting
a.
All employees, students, and third parties are strongly encouraged to
immediately report any incidents alleged sexual misconduct to the Title IX
Coordinator and/or a Deputy Coordinator.
b.
All Responsible Employees who receive a report of Sexual Misconduct
must share that information with the Title IX Coordinator and/or a Deputy
Coordinator and cannot maintain confidentiality with the exception of:
The staff of a counseling or health center
1.
2.
Individuals who are associated with the University in the role of a
pastoral counselor or confidential advisor
In addition, some individuals who are not Responsible Employees who
must share reports of Sexual Misconduct with the Title IX Coordinator
and/or a Deputy Coordinator, including, but not limited to:
‒ 42 ‒
1.
Academic Advisors
2.
Resident Advisors
3.
Members of Student Government Associations
4.
Individuals, including students, serving as responsible persons, even if
they are volunteers, at a University-affiliated activity. These individuals
could be teaching, graduate, and research assistants, chaperones, peer
mentors and retreat counselors.
These individuals are required to report because they are either in a position
to do something about the alleged actions, may be perceived to be able to
do something about the alleged action, or would otherwise have to report
known or suspected incidents of Sexual Misconduct.
c.
Anyone who is required to report known or suspected violations of this
Policy must promptly contact the Title IX Coordinator and disclose what
they know about the alleged incident. Even if a required reporter is a
Campus Security Authority, and must provide a report to law enforcement
or other campus departments, the reporter must also notify the Title IX
Coordinator as soon as possible.
d.
Reports should include all relevant details including the following:
1.
The name of the accused person (if known)
2.
The name of the alleged victim
3.
The names of other people who may be involved
4.
Relevant facts, including date, time, and location of the incident(s)
e.
The University will comply with all applicable state laws regarding
mandatory reporting for known or suspected abuse, neglect, or exploitation
of a child or a vulnerable adult.
f.
Individuals who are required to report under this Policy but fail to do so
may face disciplinary action by the appropriate administrator.
g.
Individuals who are not required to report and who are not bound by state
confidentiality laws are still encouraged to report known or suspected
violations of this Policy and may do so through the confidential and nonconfidential listed in Sections 11 and 12.
h.
Public awareness events such as “Take Back the Night,” candlelight vigils,
protests, “survivor speak outs” or other forums in which members of the
community disclose incidents of violations of this Policy are not considered
notice to the University for the purpose of triggering its obligation to
investigate. However, information regarding rights under this Policy will be
available to anyone who discloses Sexual Misconduct at one of these types
of events.
j.
Reporting to Outside Entities. An individual wishing to make a complaint
‒ 43 ‒
may also contact the U.S. Department of Education, Office for Civil Rights
(OCR) to complain of sex discrimination or sexual misconduct:
Office for Civil Rights
U.S. Department of Education
1301 Young Street, Suite 1169 Dallas, TX 75202
Phone: 800.537.76970
FAX: 214.767.0432
Employees may also contact the U.S. Equal Employment Opportunity
Commission to complain of sex discrimination or sexual harassment:
U.S. Equal Employment Opportunity Commission
Dallas District Office
207 S. Houston Street, 3rd Floor Dallas, TX 75202
Phone: 800.669.4000
FAX: 214.253.2720
6.7. Retaliation
a.
The University takes reports of Sexual Misconduct very seriously and will
not tolerate retaliation against those who make such reports or participate
in the investigation or adjudication process.
b.
Retaliation includes, but is not limited to, any adverse employment or
educational action taken for making a report of Sexual Misconduct, or
otherwise participating under this Policy.
c.
Any actual or threatened retaliation, or any act of intimidation to prevent
or otherwise obstruct the reporting of a violation of this Policy or the
participation in proceedings relating to a report of Sexual Misconduct,
may be considered a separate violation of this Policy and may result in
disciplinary sanctions.
d.
Any person who believes that they have been subjected to retaliation should
immediately report this concern to their Title IX Coordinator.
6.8. Immediate Assistance
a.
Medical Assistance: An individual who experiences any form of sexual,
domestic, or dating violence is encouraged to seek immediate medical care.
Also, preserving DNA evidence can be key to identifying the perpetrator
in a sexual violence case. Victims can undergo a medical exam to preserve
physical evidence with or without police involvement. If possible, this
should be done immediately. If an immediate medical exam is not possible,
individuals who have experienced a sexual assault may have a Sexual Assault
Forensic Exam (SAFE) performed by a Sexual Assault Nurse Examiner
(SANE) within 4 days of the incident. With the examinee’s consent, the
physical evidence collected during this medical exam can be used in a
criminal investigation; however, a person may undergo a SAFE even
without contacting, or intending to contact, the police. To undergo a SAFE,
‒ 44 ‒
go directly to the emergency department please go to the nearest hospital
that provides SAFE services.
For more information about the SAFE, see http://hopelaws.org/ or
https://www.texasattorneygeneral.gov/victims/sapcs.shtml#survivors.
The cost of the forensic portion of the exam is covered by the law
enforcement agency that is investigating the assault or, in cases where a
report will not be made to the police, the Texas Department of Public Safety.
This does not include fees related to medical treatment that are not a part of
the SAFE.
b.
Police Assistance: Because the prohibited actions outlined in this policy
may also constitute a criminal act, individuals seeking emergency assistance
or who want to file a criminal report may contact their University police
department or the appropriate municipal law enforcement agency. In
addition to any possible criminal action, the University Police will forward
the report to the Title IX Coordinator.
1.
Reporting to the police helps maintain future options regarding
criminal prosecution.
2.
When the victim reports the incident, a police officer will take a
statement from the victim regarding what happened.
3.
An adult victim can request that their identity be kept confidential.
4.
When a police report is filed, the victim is not obligated to participate
in criminal proceedings or University disciplinary action.
Anyone wishing to file a report with University police can make a report to
their component institution’s Police Department as noted below:
• University of Houston Main Campus Police Department
http://www.uh.edu/police 713.743.3333
• University of Houston - Clear Lake Police Department
http://www.uhcl.edu/police - 281.283.2273
• University of Houston - Downtown Police Department
http://www.uhd.edu/police-department/Pages/default.aspx
713.221.8911
• University of Houston- Victoria Campus
http://www.uhv.edu/handbook/campussafety.aspx - 361.570.4245
• UH System at Cinco Ranch
Security officers are assigned to UHS at Cinco Ranch. Should
anyone need assistance concerning an escort, safety or security
matter, contact the security officer on duty by calling 832.842.2877.
If the security officer is not available during an EMERGENCY
situation, dial 911.
• UH at Sugar Land
Security officer are assigned to UH at Sugar Land. Should anyone
‒ 45 ‒
need assistance concerning an escort, safety or security matter,
contact the police officer or security officer on duty by calling
281.275.3302. If the security officer is not available during an
EMERGENCY situation, dial 911.
c. C
ounseling Assistance: A person who has experienced sexual violence
is strongly encouraged to seek medical and psychological care even if he
or she does not plan to request a SAFE or report the assault to the police.
He or she may be prescribed medications to prevent sexually transmitted
infections and/or pregnancy even if the police are not contacted or if a
SAFE is not performed.
d. Interim Measures and Ongoing Assistance: When an incident of Sexual
Misconduct is reported, the University will consider interim measures
to protect involved persons and/or the community while the incident is
investigated and adjudicated through this Policy.
1.
An alleged victim does not need to file a complaint to receive interim
measures. Some interim measures may be implemented without
an alleged victim disclosing identifying information related to the
incident(s).Interim measures include, but are not limited to, changes to
academic, living, transportation, or working situations. The University
will assess whether an interim measure will involve making these
changes to the alleged victim or accused person’s circumstances on a
case-by-case basis.
2.
When the University offers counseling through University-affiliated
student counseling and employee assistance programs as an interim
action, an alleged victim will not have to pay related fees for that
counseling while the processes outlined in this Policy are on-going.
3.
If an interim measure is refused by a party it may still be available at a
later date.
No contact orders can be issued under this Policy between the parties
4.
involved in a report or others related to a report as an interim measure.
No contact orders issued under this Policy can remain in effect
indefinitely and are not contingent upon a formal complaint.
5.
Violations of interim measures may be considered a separate violation
under this Policy or may be investigated and adjudicated through other
relevant University policies.
6.
The University will honor any order of protection, no contact order,
restraining order or similar lawful order issued by any criminal, civil or
tribal court.
6.9. Report Response Procedures
a. A report of a violation of this Policy does not automatically begin the formal
complaint procedures, listed in Section 16.
‒ 46 ‒
b. The University will determine the appropriate response to each report
based on the information available at the time of the report and, whenever
possible, with the input of the alleged victim.
c. W
hen the University receives a report from anyone regarding an alleged
violation of this Policy, it will take reasonable measures to do the following:
1.
Contact the alleged victim to notify them of their rights and options
under this Policy;
2.
Implement any appropriate interim measures;
3.
Complete a preliminary investigation, as appropriate.
6.10. Formal Complaint Procedures
EOS, located at the University of Houston System/University of Houston, works in
conjunction with each component’s Title IX Coordinator to administer all aspects of
this Policy. Investigations can be completed by the component’s Title IX Coordinator
or appointee or by EOS.
A formal complaint may be filed by the alleged victim or by the University.
The timeframes set forth in this Policy may be extended when there is good cause
to do so. The Complainant (or the non-participating alleged victim in cases of the
University as complainant) and the Respondent will be notified in writing of the delay
and the reason for the delay.
a. Step One: Filing a Complaint
1.
If the alleged victim wishes to pursue a formal complaint, they will
be asked to complete a Formal Complaint Form with their Title IX
Coordinator, who will forward the Complaint to EOS.
2.
If the alleged victim does not wish to pursue a formal complaint:
• The University may determine that it will serve as a complainant if
the alleged victim declines to file a formal complaint.
• The decision to file a complaint with the University as complainant
is not taken lightly and will be determined based on various factors
including, but not limited to, the type of actions alleged in the report,
prior reports received, and/or potential on- going risk to the alleged
victim and/or the community.
3.
The University does not limit the timeframe for filing a complaint of
Sexual Misconduct. Complaints can be submitted at any time following
an incident, although the University’s ability to take any action may be
limited because of the passage of time.
Within five (5) business days after receiving a formal complaint, EOS
4.
will provide a copy of the complaint to the Respondent.
5.
If during the course of an investigation additional actions that may
constitute a violation of this Policy are identified, the University
will determine on a case-by-case basis whether to investigate those
‒ 47 ‒
allegations as part of the original complaint or provide an additional
Formal Complaint Form to the Respondent. Facts used to make this
determination include the type of action identified and whether
the actions occurred during the same incident or during a separate
incident.
6.
Once a complaint is filed, if the Complainant decides that they want
to withdraw the complaint, the University’s investigation may still
proceed.
b. Step Two: Consideration of Interim Measures
1.
Although interim measures may have already been considered and
implemented, EOS will again consider interim measures at this step
to protect involved parties while the incident is investigated and
adjudicated through this Policy.
2.
EOS and other appropriate University administrators will work
together to identify alternative arrangements that will preserve the
rights of both the Complainant and the Respondent, as well as provide
a safe overall educational or working environment until (and perhaps
after) the complaint is investigated and adjudicated.
c. S tep Three: Response to a Complaint
1.
The Respondent’s response to the complaint is due to EOS within five
(5) business days from the Respondent’s receipt of the Complaint.
2.
The response should address and respond to the specific allegations
made in the Complaint and can include any other rebuttal information.
3.
A response may be provided in writing or through an in-person
interview with the investigator(s).
4.
While a Respondent is not required to provide any response to the
complaint or answer questions related to the investigation, failure to
recognize the receipt of the Complaint may be considered a violation
of relevant University policies and could result in an additional
complaint.
5.
A Respondent is not required to provide a statement or submit any
rebuttal material; however, this will not stop the formal complaint
process. Findings will be made based on the information gathered
during an investigation.
d. Step Four: EOS Investigation
1.
An investigation will begin upon receipt of a complaint or other notice
of alleged Sexual Misconduct.
2.
An investigation may begin prior to receiving a response from the
Respondent.
‒ 48 ‒
3.
The investigator(s) will attempt to interview the Complainant, the
Respondent and any witnesses, as appropriate.
4.
The investigator(s) will also gather and review any information
it deems pertinent, as well as any information submitted by the
Complainant, the Respondent and/or any witnesses.
e. Step Five: EOS Finding
1.
A finding by EOS will be issued as soon as practicable. EOS will make
every effort to issue its finding within 60 business days from its receipt
of the complaint. In investigations exceeding 60 days, a justification for
the delay will be presented to and reviewed by the Title IX Coordinator
or his/her supervisor. The complainant, respondent, and supervisor
should be provided updates on the progress of the investigation and
issuance of the report.
2.
The finding will be determined using a preponderance of the evidence
standard; that is, whether it is more likely than not that the Respondent
violated this Policy.
3.
If it is determined that this Policy was violated, appropriate university
action will be recommended in an effort to eliminate Sexual
Misconduct from happening, prevent its recurrence and address its
effects.
4.
Even if it is determined that this Policy was not violated, a
recommendation may be made that the Respondent undertake
educational initiatives and/or trainings.
5.
The Complainant and the Respondent will be simultaneously notified
in writing of the outcome of its finding and any appeal rights under
this Policy.
6.
The appropriate university administrator(s) will also be notified of
any recommended university action. The appropriate administrator
will depend on the status of the respondent (i.e., student, faculty or
employee).
7.
At any time after a finding has been made that the Respondent has
violated the Policy, the University reserves the right to implement an
interim sanction against the Respondent while the complaint is being
further adjudicated.
Once a finding has been made either party to the complaint may
8.
request to meet with the investigator(s) to discuss the investigation and
finding and to inspect the investigative file.
f. S tep Seven: Sanctions and Remedies
1.
If there is a finding of a violation of this Policy, a recommendation will
be made that appropriate university action be taken, and any sanction
‒ 49 ‒
imposed on the Respondent will be determined by and implemented
by the appropriate administrator after consultation with the Title IX
Coordinator.
2.
If there is a finding of a violation of this Policy against a faculty
member, any sanctions imposed on the faculty member will be
determined by and implemented by the appropriate administrator after
consultation with the Title IX Coordinator and consistent with the
component institution’s faculty handbook/manual.
3.
If there is a finding of a violation of this Policy against a non- faculty
university employee, any sanction imposed on the employee will be
determined by and implemented by the appropriate administrator after
consultation with the Title IX Coordinator and consistent with the
component institution’s policies and procedures related to employee
discipline.
4.
If there is a finding of a violation of this Policy against a student, any
sanction imposed on the student will be determined by and imposed
by the Dean of Student’s Office or its equivalent after consultation
with the Title IX Coordinator and consistent with the component
institution’s policies and procedures related to student conduct/
discipline.
The sanctions for committing an act of Sexual Misconduct will be
commensurate to the offense and may include but is not limited to the
following:
• Probation (including disciplinary probation)
• Temporary or permanent ban from campus locations (such as residence
hall communities)
• Educational programs such as state-certified batterer’s intervention
• Ban from participating in campus organizations
• Disqualification from employment positions
• Withholding of transcripts, grades, diploma, or degree
• Partial or full criminal trespass
• Suspension from employment and/or enrollment
• Revocation of admission and/or degree
• Termination of employment
• Expulsion
a. If a party is dissatisfied with a sanction determined by the appropriate
administrator under Section 14.6.1, they may appeal the sanction as follows:
1.
Any appeal to the sanction against a faculty member must be addressed
through the component institution’s faculty handbook/manual;
2.
Any appeal to the sanction against an employee must be addressed
‒ 50 ‒
through the component institution’s policies and procedures related to
employee grievances;
3.
Any appeal to the sanction against a student must be addressed through
the appeal process in the component institution’s student code of
conduct or its equivalent.
Remedies. Regardless of the finding, and in addition to sanctions that may
be imposed pursuant to the appropriate disciplinary policy, the University
will take appropriate action(s), including but not limited to those below to
resolve complaints of sexual misconduct, prevent any recurrence and, as
appropriate, remedy any effects:
• Imposing sanctions against the respondent, including attending training;
• Ensuring the complainant and respondent do not share classes, working
environments or extracurricular activities;
• Making modifications to the on campus living arrangements of the
respondent or complainant (if the complainant requests to be moved);
• Providing comprehensive, holistic victim services including medical,
counseling and academic support services, such as tutoring;
• Determining whether sexual misconduct adversely affected the
complainant’s university standing;
• Conducting, in conjunction with University leaders, a University climate
check to assess the effectiveness of efforts to ensure that the University is
free from sexual misconduct, and using that information to inform future
proactive steps that the University will take;
• Providing targeted group training;
• Issuing policy statements or taking other steps to clearly communicate
that the University does not tolerate sexual misconduct and will respond
to any incidents and to any individual who reports such incidents.
These remedies are separate from, and in addition to, any interim
measures that may have been provided before the end of the University’s
investigation. If the complainant did not take advantage of a specific service
(e.g., counseling) when offered as an interim measure, the complainant
should still be offered, and is still entitled to, appropriate final remedies that
may include services the complainant declined as an interim measure.
g. S tep Eight: New Information
1.
If a party has new information they believe would have significantly
impacted the finding, they may submit that information to the Title IX
Coordinator.
2.
If the Title IX Coordinator determines that the submitted information
should be reviewed, and the information was not available for the party
to present during the time of the investigation, the case may be reopened.
‒ 51 ‒
h. Step Nine: Grounds for Appealing an EOS Finding
1.
An appeal must be submitted in writing to the Title IX Coordinator
within five (5) business days of receiving the finding.
2.
The Complainant and the Respondent both have the right to appeal a
finding for any error occurring during the investigation that could have
significantly impacted the finding.
3.
An appeal is not a new investigation of the complaint.
4.
The non-appealing person does not have to participate.
i.
Step Ten: Appeal Process
1.
If an appeal is filed in accordance with Section 14.8, the appeal will
automatically be presented to the University’s Sexual Misconduct
Hearing Board (“Board”) by the Title IX Coordinator.
2.
Members of the Board are selected from recommendations from the
component’s Faculty Senate, Staff Council, and Student Affairs who
shall each recommend at least five individuals to the component’s
President. The President shall then select a Board of eight with
representation from each group recommended. Except for the first
Board, members shall serve staggered terms of three years.
Upon the Board’s receipt of the appeal, a poll will be taken of the Board
3.
members by the Title IX Coordinator to identify four members to
hear the appeal and comprise the Hearing Panel (three members of
the Hearing Panel will serve as voting members and one will serve as
an alternate, non-voting member). The role of the Hearing Panel is to
review any evidence presented in the appeal for any error occurring
during the investigation that could have significantly impacted the
finding and is not for the purpose of conducting a de novo review of
the complaint.
4.
If the appeal concerns sexual assault, the appealing student may waive
their right to a hearing before the Hearing Panel and have their appeal
heard by an individual hearing officer not affiliated with the University
(“Non-affiliated Hearing Officer”). To waive their right to a Hearing
Panel, the appealing student must submit written notice to the Title IX
Coordinator within five (5) business days of receiving EOS’ finding.
The Hearing Panel/Non-affiliated Hearing Officer will make decisions
5.
using a preponderance of the evidence standard.
6.
The role of the Hearing Panel/Non-affiliated Hearing Officer is to
accept, or remand EOS’ finding by determining by a preponderance
of the evidence if any error occurred during the investigation that
could have significantly impacted its finding. While the Hearing Panel/
Non- affiliated Hearing Officer will have the opportunity to review
‒ 52 ‒
any evidence presented on appeal, their role is not to reinvestigate
the original complaint or to review allegations that would otherwise
constitute a new complaint under this Policy or any other University
policy.
7.
Absent extenuating circumstances, the Title IX Coordinator will
schedule a hearing to be held within 15 business days from the filing of
the appeal.
8.
Once the hearing is scheduled, requests to reschedule the hearing
must be submitted in writing to the Title IX Coordinator and will be
considered by the Hearing Panel/Non-affiliated Hearing Officer and
the Title IX Coordinator.
9.
The Complainant and Respondent will be notified of the composition
of the Hearing Panel or the identity of Non-affiliated Hearing Officer
for their hearing. Within five (5) business days of this notification, the
Complainant and Respondent have the opportunity to object to a panel
member or the Non-affiliated Hearing Officer for cause. The objection
should be made in writing. The Title IX Coordinator, in consultation
with the members of the panel, will consider any objection and replace
the panel member or the Non-affiliated Hearing Officer if appropriate.
10.
No later than five (5) business days prior to the hearing, all materials
that will be used at the hearing must be submitted to the Title IX
Coordinator, who will forward the materials to the Hearing Panel/
Non- affiliated Hearing Officer and will simultaneously provide the
materials to both parties. The materials must include:
• The names of any witnesses and a brief summary concerning the
subject matter of the witness’ expected testimony
• The name of any advisor to be in attendance at the hearing and
whether that person is an attorney
11.
No witness or document/tangible evidence will be permitted at the
hearing unless such information was timely submitted.
It is the responsibility of the party wanting to present a witness to
12.
secure that witness.
j.
S tep Eleven: Hearing
1.
rior to the beginning of a hearing, the members of a Hearing Panel will
select a Chairperson for the hearing.
2.
The general course of the hearing procedure will be as follows, subject
to the discretion of the Panel chairperson/Non-affiliated Hearing
Officer:
• The Panel chairperson/Non-affiliated Hearing Officer will convene
the hearing, introduce the individuals, give a brief description of the
process and invite questions about the process and allow the parties
‒ 53 ‒
the opportunity to present a brief opening statement;
• The appellant shall present their evidence (including calling and
questioning their own witnesses) to the Panel. If the other party
participates, they shall have the same opportunity to present their
evidence.
• EOS shall present their documentation related to the finding to the
Panel/Non-affiliated Hearing Officer;
• The Panel chairperson/Non-affiliated Hearing Officer will allow the
parties the opportunity to present a brief closing statement before
concluding the hearing.
3.
During the hearing, the Panel Chairperson/Non-affiliated Hearing
Officer may impose the following guidelines:
• The Panel chairperson/Non-affiliated Hearing Officer may impose
reasonable time limits on any stage of the hearing.
• The Panel chairperson/Non-affiliated Hearing Officer may also
determine the relevance of, and place restrictions on, any witness or
information presented.
4.
The Panel chairperson and/or Panel/Non-affiliated Hearing Officer
may question any individual at any time during the hearing.
5.
The parties may question their own witnesses, but they cannot directly
question the other party’s witnesses.
6.
The parties may request that the Panel chairperson/Non-affiliated
Hearing Officer ask questions of the other witnesses by submitting
proposed questions to the Panel chairperson in writing either prior to,
or during, the hearing.
7.
The Panel chairperson/Non-affiliated Hearing Officer may determine
which questions are relevant, and the Panel chairperson/Non-affiliated
Hearing Officer has the discretion to revise a question or to decline to
ask the question.
The appellant may withdraw an appeal by submitting a request in
8.
writing to the Title IX Coordinator prior to the scheduled start of the
hearing. A withdrawn appeal will conclude the matter.
In cases where an appellant refuses to participate in the hearing, the Panel/
Non-affiliated Hearing Officer will convene and make a decision based on
the evidence and testimony available to the Panel/Non- affiliated Hearing
Officer.
9.
This hearing process is an internal University process and not a
formal courtroom process in which rules of evidence and courtroom
procedures apply.
10.
The appellant may bring an advisor of their choosing who may be an
attorney.
‒ 54 ‒
11.
Advisors may attend the hearing and sit with their advisee during
the hearing, communicate quietly orally and/or in writing with their
advisee during the hearing, and may respond to a direct question from
the Panel/Non-affiliated Hearing Officer.
12.
An advisor will not be permitted to speak on behalf of the advisee,
make an oral presentation, including an opening or closing argument,
or to question witnesses, the EOS representative, or the Panel/Nonaffiliated Hearing Officer during the hearing.
k. Step Twelve: Panel Decision
1.
After the hearing has concluded, the three voting members of the Panel
will deliberate in private.
2.
The Panel’s decision will be by majority vote.
3.
The Panel/Non-affiliated Hearing Officer can make the following
decisions:
• Affirm the original finding
• Remand the case back to EOS to correct an error
4.
The Panel will communicate its decision by completing the Hearing
Decision Form and forwarding it to the Title IX Coordinator within
three (3) business days of the hearing.
5.
The Title IX Coordinator will then provide a copy of the decision
simultaneously to all parties involved in the complaint.
j.
S tep Thirteen: Notification of Outcomes
1.
The Title IX Coordinator and/or EOS will simultaneously notify the
Complainant and the Respondent in writing of the outcome of the
following stages of the process:
• The initial finding including a rationale
• The procedures to appeal a finding
• The outcome of any appeal, including any changes to the finding
• Any interim sanctions imposed
• Any changes to interim sanctions
• The final outcome of the complaint
• Any imposed sanctions including a rationale
• When the outcome is final
• Changes to sanctions related to the party once the outcome is
finalized
These notifications may be combined if they occur at the same time.
2.
3.
In the case of a complaint alleging dating or domestic violence, nonconsensual sexual contact, sexual assault, or stalking, both parties will
be notified of all imposed sanctions.
‒ 55 ‒
4.
In the case of a complaint alleging sexual harassment, the Complainant
will be notified of any sanctions that directly relate to the Complainant.
5.
A Complainant will always be notified of any individual remedies
offered or provided to the Complainant and any additional steps the
University has taken to eliminate the hostile environment, if one was
found to exist, and to prevent recurrence.
l.
S pecial Provisions
1. Immunity
To encourage reporting, the University may offer alleged victims and
witnesses of Sexual Misconduct amnesty from being charged with
non-violent University policy violations, such as unauthorized use
of alcoholic beverages, related to the incident. The University may
impose educational responses rather than sanctions, in such cases.
Decisions regarding amnesty are made by the Title IX Coordinator in
conjunction with the appropriate sanctioning body.
2. Allegations Involving University-Affiliated Organizations
• If a report is made alleging that a University-affiliated organization
has violated this Policy, EOS will make a referral to the appropriate
administrative department and/or adjudicative body over that
organization to ensure a timely, equitable process to determine if an
Organization violated relevant University policies.
• EOS will work in partnership with the appropriate adjudicative
body should there be concurrent investigations involving individuals
and organizations, including, but not limited to, sharing information
with appropriate University administrators who have a legitimate
need to know.
• If a report is made involving an organization, EOS will seek
to identify any individuals who may be involved. EOS will, in
collaboration with the alleged victim whenever possible, determine
whether a formal complaint will be filed against any identified
individuals, as per this Policy.
3. Non-Participating Alleged Victims
Alleged victims who decline to serve as a complainant as per Section
16.1.2 will maintain certain rights as per this Policy.
• When the University serves as a complainant, it will work with the
alleged victim to the extent they would like to participate.
• Non-complainant alleged victims do not have appeal rights as per
this Policy.
• Non-complainant alleged victims receive the same notifications as
the Complainant and Respondent, unless they request otherwise, as
outlined in Section 17 of this Policy.
‒ 56 ‒
• Non-complainant alleged victims always maintain the right to
reasonable interim measures as outlined in Sections 14 and 16.2 of
this Policy.
3. Additional Interventions
• When a report is received alleging a violation of this Policy, the
University will take appropriate steps to assess whether additional
actions, beyond a formal investigation and possible disciplinary
sanctions, are appropriate.
• These actions may be implemented regardless of whether a formal
complaint is filed and regardless of whether a finding of a violation is
made.
• Actions may respond to the specific needs of impacted persons and/
or may address the needs of the University community.
• Actions may include extending interim measures provided to
impacted persons such as those listed in Sections 14 and 16.2 or new
actions taken the respond to immediate and long-term concerns
regarding personal safety, academic success, and emotional wellbeing.
• Actions may address the needs of the University community may
include but is not limited to training, both targeted training and
campus-wide programs, campus safety assessments, campus climate
surveys, and evaluation of policies and procedures.
3. Reports Outside of University Jurisdiction
If the University is notified that a member of the University
community has reported an incident of Sexual Misconduct, but the
action occurred outside of the University’s jurisdiction, the University
will still take reasonable steps to ensure the individual’s safety while on
campus and to offer the individual information about resources both
on campus and in the community.
3. Training
• Investigator(s) will receive training at least annually on the issues
related to Sexual Misconduct and how to conduct the processes
outlined in this Policy while being both trauma-informed and
impartial.
• Members of the Hearing Board will receive training at least annually
on the issues related to Sexual Misconduct. These individuals will
also receive training on the role of EOS to enforce this Policy, best
practices for hearings and hearing panelists, and how their role is to
ensure and promote safety, due process and accountability.
• The University will provide training for all incoming students and
new employees that increase their knowledge about this Policy,
their rights and resources, as well as strategies to prevent violence,
‒ 57 ‒
promote safety, and reduce perpetration.
• The University will provide on-going prevention and awareness
campaigns for students and employees that will increase their
knowledge about this Policy, their rights and resources, as well
as strategies to prevent violence, promote safety, and reduce
perpetration.
7. Review and Responsibility
Responsible Party:
Vice Chancellor for Legal Affairs and General Counsel
Review:
Every three years on or before August 31
8. Approval
Approved:
Dona Cornell
Vice Chancellor for Legal Affairs and General Counsel
Renu Khator
Chancellor
Date:
August 25, 2015
‒ 58 ‒
‒ 59 ‒
‒ 60 ‒
The University of Houston is the largest and most
comprehensive university in the University of Houston
System, a public system of higher education that also includes:
UH–Clear Lake, UH–Downtown, and UH–Victoria.
The University of Houston is an Affirmative Action/Equal
Opportunity institution. The university provides equal
treatment and opportunity to all persons without regard
to race, color, religion, national origin, sex, age, disability,
or veteran status or sexual except where such distinction
is required by law. Additionally, the System prohibits
discrimination on the basis of sexual orientation, gender
identity or gender expression.
This University of Houston Student Conduct Policies and
related policies do not constitute a contract of any kind. The
University of Houston reserves the right to change, amend,
or abandon any of the policies or statements contained in this
Manual at any time without notice.
‒ 61 ‒
University of Houston
Dean of Students Office
256 Student Center South
Houston, TX 77204-3035
Twitter @UHDOS
UH Printing 27750•01/15
Phone: 832.842.6183
Fax: 713.743.5477
Email: dos@uh.edu
Website: www.uh.edu/dos