Student Rights Within The University Community
The University is committed to complying with all applicable federal and state laws and regulations.
Access to Higher Education
Admission to the university is open to anyone qualified according to published admissions standards and resource limitations. The university must make available to all students publications which denote academic and behavioral standards required of all who register at this institution.
Freedom from Discrimination
No student may be harassed or discriminated against on the basis of race, color, religion, gender, age, sexual orientation1, mental or physical disability, veteran status or national origin by the university or any member of the university community, in or outside the classroom. The university fully supports equal opportunity and affirmative action.
1Defined as gay, lesbian, bisexual and heterosexual
Freedom of Speech, Expression, and Association
The rights of free speech, expression, and association, as defined by the Constitution of the United States and developed by statutory laws and judicial decisions, are guaranteed to every member of the university community.
Rights of Privacy
Students have the right to be secure in their persons, papers, and effects against unreasonable searches and seizures.
Rights of Due Process
It is university policy to comply fully with the provisions and regulations of the Federal Family Education Rights and Privacy Act of 1974. In that regard, the university will protect student educational records from unauthorized dissemination, and will provide students with access to their educational records as provided by law.
Participation in Policy Development
University policy guarantees the right of students to participate in the initiation and development of university policy through shared governance.
Policy in Decision-Making
Students have the right to have their views considered at appropriate levels of the decision-making process within the university community.
Student Organizations
The university recognizes the right of students to form organizations not forbidden by federal laws, state laws, or university policy. Student organizations must be registered and approved through the procedures established in "Student Organizations Policies" designated in these policies.
Student Publications
Student publications may deal with issues of interest and importance to the university community. At the same time, the editorial freedom of student editors and managers entails corollary responsibilities to be governed by the canons of responsible journalism, such as the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo.
Student Code of Conduct
Approved by University Council July 8, 1994
General Statement of Purpose
Each member of the university community is expected to exercise responsibility and to govern his or her conduct by legal and moral standards and by ethical judgment even when those standards are disregarded by others. It is assumed that students, having voluntarily enrolled in the university community, will be responsible members and will abide by the regulations and accepted practices of the university until such time as these may be changed by orderly procedure.
The University of Houston-Clear Lake encourages student self-government and self-discipline within the framework of its general objectives. It is the responsibility of the university to examine its policies and practices continuously. Students are encouraged to participate in this process through recognized student organizations, the student newspaper, and appropriate investigations, questioning, discussion, and criticism.
- Jurisdiction of the University
Generally, university jurisdiction and discipline shall be limited to conduct which occurs on university premises or at university sponsored events off campus.
- Conduct - Rules and Regulations
Any student found to have committed the following acts of misconduct is subject to the disciplinary sanctions outlined in a following section. - Acts of dishonesty, including but not limited to the following:
- Furnishing false information to any university official, faculty member or university representative.
- Forgery, alteration or misuse of any university document, record or instrument of identification.
- Tampering with the election of any university recognized student organization.
- Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other university activities including its public-service functions on or off campus, or other unauthorized non-university activities, when the act occurs on university premises.
- Physical abuse, verbal abuse, threats, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person.
- Theft of property or damage other than accidental to property of the university or of a member of the university community or campus visitor.
- Violation of federal, state or local law on university premises or at university sponsored or supervised activities.
- Hazing, defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.
- Unauthorized possession, duplication or use of keys to university premises or unauthorized entry to or use of university premises.
- Illegal use, possession or distribution of narcotic or other controlled substances.
- Unauthorized possession of firearms, explosives or other weapons on university premises.
- Failure to comply with reasonable directions of or failure to heed an official summons of university officials performing their duties.
- Participation in campus demonstrations which disrupts the normal operations of the university and infringes on the rights of other members of the university community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement either pedestrian or vehicular, on campus.
- Disorderly or indecent conduct on university owned/controlled property or at university sponsored or university supervised functions.
- Theft or other abuse of computing time, software or equipment.
- Abuse of the disciplinary system, such as:
- Failure to obey the summons of the Dean of Students.
- Falsification, distortion or misrepresentation of information in a disciplinary proceeding.
- Knowingly initiating disciplinary proceeding without cause.
- Failure to comply with the sanction(s) imposed under the student policies.
- Distribution of surveys not in accordance with the Human Subjects Policy.
- Violation of published university policies, including but not limited to those which govern academic matters, alcoholic beverage use, fiscal affairs, student services, and maintenance of the health, safety and welfare of the university community.
Incidence of academic honesty as defined in the Academic Honesty Policy will be subject to procedures and sanctions defined therein.
- Violation of Law and University Discipline
- If a student is charged with only an off-campus violation of federal, state or local laws, but not with any other violation of these policies, disciplinary action may be taken and sanctions imposed for misconduct which demonstrates flagrant disregard for the university community. In such cases, no sanction may be imposed unless the student has been found guilty in a court of law or has declined to contest such charges, although not actually admitting guilt (e.g. "no contest").
- University disciplinary proceedings may be instituted against a student charged with violation of a law which is also a violation of these policies. For example, if both violations result from the same factual situation, without regard to the pendency of civil litigation in court or criminal arrest and prosecution. At the university's discretion, proceedings under these policies may be carried out prior to, simultaneously with, or following off-campus civil or criminal proceedings.
Student Disciplinary Procedures (Non-Academic)
- The administration of student discipline is recognized as a vital part of the educational process. The university must exercise this role within the procedures of fair, properly established and legally acceptable due process. The procedures designated herein may be modified by the university in order to effect justice.
- The Dean of Students is the principal administrator for student discipline arising from violations of the student code of conduct at UHCL. The Dean of Students may designate another hearing officer to act on behalf of the university in these proceedings.
- Any member of the university community may file charges against a student for misconduct. A written statement should be prepared including the charge, date and time of the alleged violation, witnesses, evidence, and directed to the Dean of Students. Any charge should be submitted as soon as possible after the event takes place.
- The Dean of Students (or a designee) may conduct an investigation to determine if the charges have merit and may dismiss charges that were without merit. If the charges can be settled by mutual agreement of the parties involved, such agreement shall be binding.
- Charges shall be presented to the accused student in written form. A student accused of a violation of these policies will be given written notice to appear before the Dean of Students (or a designee).
- Students who fail to respond when summoned by the Dean of Students (or a designee) may be suspended until such time as the student does appear.
- Interim Suspension
In certain circumstances, the Dean of Students (or a designee) may impose a university suspension prior to the disciplinary hearing. - Interim suspension may be imposed only:
- To ensure the safety and well-being of members of the university
community or preservation of university property - To ensure the student's own physical or emotional safety and well-being
- If the student presents a threat to the normal operations of the university
- During the interim suspension, students shall be denied access to the campus (including classes) and/or all other university activities or privileges for which the student might otherwise be eligible.
- The student shall be granted a hearing in accordance with these policies, within 7 working days of the interim suspension.
- Hearing Process
- In response to the summons from the Dean of Students, the student schedules an appointment with the dean or other designated hearing officer within a specified time frame.
- In this meeting, the student is apprised of the options available to process the complaint and the procedural requirements for exercising these options.
- The student may choose to have the designated university hearing officer settle the case. The hearing officer will conduct the investigation and hearing, examine the evidence and question witnesses, and make a determination if a policy has been violated. The hearing officer will decide the university sanctions which will be applied. The student would have the right to appeal the hearing officer's decision to the Student Life Council. The decision of the Student Life Council will be final.
- The student may choose to have the Student Life Council serve as a hearing panel. The Dean of Students (or a designee) will convene a hearing with the council where evidence and witnesses will be presented. The council will determine if a policy has been violated and will decide the university sanctions which will be applied. The student would have the right to appeal the council's decision to the Senior Vice President for Academic Affairs. The decision of the Vice President will be final.
- Hearings normally shall be conducted in private. Admission of any person to the hearing shall be at the discretion of the Dean of Students (or a designee).
- Hearings involving more than one accused student may be conducted together or separately, at the discretion of the Dean of Students (or a designee).
- The complainant and the accused may each be assisted by any adviser they choose, at their own expense. The complainant and/or the accused is responsible for presenting his or her own case and, therefore, advisers, including attorney advisers, are not permitted to speak on behalf of the complainant or the accused, or to participate directly in any hearing.
- Permanent records, exhibits and written statements may be accepted as evidence and will be provided to the accused and the hearing officer or panel.
- Each party shall have the right to appear and present evidence in person. The accused, the complainant, the hearing officer or panel will have the right to ask relevant questions of the witnesses.
- If an accused student fails to appear, the hearing may proceed without the student.
- All procedural questions are subject to the decision of the Dean of Students (or a designee).
- In the case of hearings before the Student Life Council, the council will determine by majority vote whether the student has violated the policy(ies) in question.
- The decision of the hearing officer or panel shall be made on the basis of the preponderance of evidence.
- Appeals
- Appeals shall be submitted in writing and reviewed on the basis of the records of previous deliberations.
- Appeals must be submitted within ten working days after the receipt of the official notification of the decision of the preceding body/official.
- Appeals shall be reviewed for one or more of the following purposes:
- To determine whether the original hearing was conducted fairly in light of the charges and evidence presented, and in conformity with prescribed procedures
- To determine whether the decision reached regarding the accused student was based on substantial evidence. That is, whether the facts in the case were sufficient to establish that a violation of Student Life Policies occurred
- To determine whether the sanction(s) imposed were appropriate for the violation of the policy which the student was found to have committed
- In cases involving appeals by the student accused of violating Student Life Policies, review of the sanction on appeal may not result in more severe sanctions(s) for appellate body/person may reduce sanctions imposed.
- The following sanctions may be imposed separately or in combination, when a student is found to have violated the student code.
- Warning - A notice in writing to a student who has violated a university policy and whose continuation of such conduct may result in further disciplinary action.
- Restricted privileges - Denial or restriction of one or more privileges granted to students including, but not limited to, participation in extracurricular activities, holding an office in a student organization or representing the university in any official capacity.
- Restitution - Compensation for loss, damage or injury. This may take the form of appropriate service and/or monetary or material replacement.
- Discretionary sanctions - Work assignments, service to the university, educational programs or other related discretionary assignments.
- Disciplinary probation - Written warning that a student's continued enrollment is conditioned upon adherence to published university policies, usually for a specified period of time.
- Withholding transcripts - Prohibits a student from receiving or the Registrar from issuing official transcripts.
- Suspension - Separation of the student from the university for a definite period of time, after which the student is eligible to return. Conditions for re admission may be specified. When suspended, a student may not attend class or participate in any university activity.
- Expulsion - Permanent separation of the student from the university.
- In the case of suspension (Section J, No. 7), the entry "Disciplinary Suspension" with the specified dates will be posted on the student's transcript. At the request of the student, such entries will be removed at the conclusion of the specified suspension period. In the case of expulsion (Section J, No.8), the entry "Disciplinary Expulsion" will be noted permanently on the transcript. No other disciplinary actions will be noted on the student's transcript.
- The following sanctions may be imposed upon groups or organizations:
- Those listed in Section J, 1 through 5.
- Deactivation or loss of privileges, including university recognition, for a specified period of time.
Student Grievance Procedures (Non-Academic)
Approved by University Council July 8, 1994
It is the desire of the Student Services staff to provide an atmosphere and a forum through which any non-academically related complaint or grievance can be pursued by any currently enrolled student against any other currently enrolled student. Students are therefore encouraged to bring these concerns to the Office of the Dean of Students.
- Informal grievance procedures
Students may schedule an appointment with the Dean of Students (or a designee) to discuss any concern or complaint, or to learn how to pursue the grievance of a decision made elsewhere in the university. The dean will work with the student informally toward resolution of the difficulty. If, after exhausting available options, the student feels that a resolution has not been attained, the student may be entitled to file a formal grievance.
- Formal grievance procedures
Any currently enrolled student may file a formal grievance of a non-academic nature by submitting the details of the incident or concern in writing to the Student Life Council through the Dean of Students. At its next scheduled meeting, the Student Life Council will review the grievance and any supporting documentation and submit a finding regarding the grievance through the Dean of Students. The findings of the Student Life Council are final.
These procedures comply with Title IX of the Educational Amendments of 1972 by providing a mechanism for students to address grievances that arise over alleged discrimination on the basis of race, color, religion, gender, age, sexual orientation, mental or physical disability, veteran status or national origin.
Withdrawal Of Students For Cause
- Students who develop medical problems which interfere with their continuing enrollment may withdraw with the approval of the Dean of the academic school under which the student is enrolled. Documentation of the nature of the medical problem and the resulting implications will be required.
- Students manifesting serious psychological problems which interfere with their own functioning in the university, or that of the university community, may be referred to the university Career and Counseling Services for evaluation and possible withdrawal.
- Students who represent an immediate threat to themselves or the university community may be subject to immediate withdrawal as denoted in Student Disciplinary Procedures(Non-Academic), section Interim Suspension in these policies.
Student Life Council
Membership
- Dean of Students, chairperson, without vote except in case of a tie
- President, Student Government Association to serve a one-year term
- Three students from the student body at large, selected by the Student Government Association, to serve a two-year term
- One student from the student body at large, selected by the Student Government Association, to serve a one-year term
- Two members of UH-Clear Lake faculty selected by the University Life Committee
- One administrator appointed by the President
- Director of Student Life
- All faculty members and administrators serve one-year appointments
- As dictated by legislative statute, all students serving on the Student Life Council must maintain enrollment for a minimum of six semester credit hours in the fall and spring semesters of their term
Quorum
Five members (exclusive of the chairperson) including one faculty member and one administrator
Functions
- Student Service Fee Allocations
In accordance with laws of the state of Texas, recommendations regarding the allocation of student service fees and student service fee levels are made each year by the Student Life Council in accordance with current student service fee budget allocation procedures. - During this process, the Vice President for Administration and Finance will serve in an ex-officio (resource) capacity to the council.
- Recommended student service fee allocations and/or student service fee ceiling changes will be submitted to the University Life Committee for review. Upon review of the recommended budget or fee ceiling, the University Life Committee may recommend modifications and return the budget and fee package to the Student Life Committee for further consideration.
- After considering the University Life Committee recommendations, the Student Life Council submits a final recommendation to the President through the appropriate governance committee(s).
- If the President modifies the council's recommendation, the president will communicate, in writing, the reason for such changes to the council.
- The Student Life Council serves as a hearing and/or appeals board for cases of discipline, and as an appeals board for cases of student grievances and student organization sanctions.
- The Student Life Council serves the Dean of Students in an advisory capacity on matters related to student life and student services.
Policy on Release of Student Records (FERPA)
The Family Educational Rights and Privacy Act of 1974 is a federal law stating (a) that a written institutional policy must be established and (b) that a statement of adopted procedures covering the privacy rights of students be made available. The law provides that institutions will maintain the confidentiality of student education records.
UHCL accords all the rights under the law to students who are declared independent. No one outside the institution shall have access to, nor will the institution disclose, any information from students’ education records without the written consent of students except to personnel within the institution, to officials of institutions in which students seek to enroll, to persons or organizations providing students financial aid, to accrediting agencies carrying out their accreditation function, to persons in compliance with a judicial order and to persons in an emergency in order to protect the health or safety of students or other persons. All these exceptions are permitted under the act.
Within UHCL, only those members individually or collectively acting in students’ educational interest are allowed access to student education records. These members include personnel in the office of the president, senior vice president and provost, vice president for administration and finance, deans, associate deans, student services, computing services, cashier, accounting, career and counseling services, student life, health center, financial aid, member of academic, grade and honesty appeal committees and academic personnel within the limitations of their need to know.
At its discretion, the institution may provide directory information in accordance with the provisions of the act to include: student name, address, e-mail, telephone number, verification of date and place of birth, major field of study, dates of attendance, courses attended, classification, hours enrolled, date of graduation, degrees and awards received, the most recent previous educational agency or institution attended by the student, participation in officially recognized activities and sports.
Students who do not wish that public information (including their name, address and phone number) be released are responsible for notifying the Office of Enrollment Services during the first week of classes to insure that information is not released by the university or published in the student directory. A request made to withhold public information remains in effect until revoked in writing.
The law provides students with the right to inspect and review information contained in their education records, to challenge the contents of their education records, to have a hearing if the outcome of the challenge is unsatisfactory and to submit explanatory statements for inclusion in their files if they feel the decisions of the hearing panel to be unacceptable. Information about this inspection and review process can be obtained in the Office of Enrollment Services.
