Prior to a formal investigation process, a student will be provided a Students Rights and Responsibilities document to review and sign prior to an interview with the appointed student conduct officer/investigator.
When conducting an investigation, the Office of the Dean of Students will inquire, review, and gather information about the reported student misconduct and will evaluate the accuracy, credibility, and sufficiency of information. It is our intention to resolve any matters and address complaints as quickly as possible for all individuals concerned.
Angelo State University takes all allegations and complaints very seriously.
Individuals, department or investigating offices recognize a potential code of conduct violation by member(s) of the Angelo State University community.
The student/office/department will file an incident report with the Office of the Dean of Students. The report is assigned to a conduct officer.
The University will take immediate action to eliminate hostile environments, prevent reoccurrence and address any effects on the reporting party.
When accusations are made against a student, Conduct Officers will gather information on the incident and either choose to proceed or not.
Should there not be enough evidence to continue in the investigative process, Conduct Officers may close a case.
Depending on the information gathered in the investigation, Conduct Officers can continue with the conduct process. Conduct Officers may decide to proceed in order to gather information directly from the community member(s) involved in the Code of Student Conduct violation.
Conduct Officers will notify all accused parties in writing regarding the allegations.
Conduct Officers will meet with all parties individually to review the accusations, relevant evidence and any other documents used in the hearing process. There are three potential results from a Conference meeting:
Student Accept Responsibility
If the student accepts responsibility for the allegations, an Informal Conference Decision will be presented.
The charged student accepts the sanctions in the Informal Conference Decision.
No Appeal is available if the student opts for an Informal Conference Decision.
Student Fails to Attend Conference Meeting
The opportunity to be heard is required as a part of the Student Conduct Process. Failing to attend or participate in the Conference meeting will not delay the process and lead to a ruling in Absentia.
If a preponderance of evidence exists, Conduct Officers can find the student responsible and assign sanctions even if the student chooses not to participate in the process.
Student Contests Allegations and Proceeds to the Hearing Process
An accused student may dispute the allegations or sanctions and proceed to an Administrative Hearing or Panel Hearing.
However, the Conduct Officer has the sole discretion in all cases to designate whether an Administrative Hearing or Panel Hearing will be held notwithstanding the student’s preference.
There are two types of hearings: Administrative Hearing and Panel Hearing.
Administrative Hearing
Administrative Hearings can be heard by the investigative Conduct Officer or a designated Hearing Officer. The Hearing Officer will render a decision and any sanction(s).
Administrative Hearings can be appealed.
Panel Hearing
Panels consist of three Hearing Panel members. One student, one faculty member and one staff member are chosen from an available pool of ASU community members. In cases involving Academic Misconduct, only faculty and student members will be selected for the Panel. The Panel will render a decision and any sanctions.
Availability may determine a different composition for the Panel.
Decisions by the Panel may be appealed.
Student Found “Not Responsible”
Should the Hearing Officer or Panel find the student “Not Responsible” for an allegation, no sanctions will be applied.
Student Found “Responsible” and Sanction(s) Issued
Sanctions may be issued when a student is found “Responsible” following an Administrative or Panel Hearing.
Student Accepts Sanction(s)
If a student is found “Responsible” for violating the Code of Student Conduct, sanctions may be imposed and can include, but are not limited to: reprimand, probation, deferred suspension, suspension, expulsion, conditions, restrictions, academic penalties, and parental notification.
Student Appeals Findings
A petition for appeal must be submitted to the designated Appeal Officer within five university business days of the delivery of the written decision made by the Hearing Officer or Panel.
If the designated appeal officer remands the decision to a new Hearing Panel, the decision of that Hearing Panel is final and may not be appealed.
Grounds for Appeal
A procedural or substantive error that significantly impacted the outcome of the Hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
The discovery of new evidence, unavailable during the original Hearing or review of the case, which could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included; or
The sanctions imposed substantially vary from the range of sanctions normally imposed for similar infractions.
