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STUDENTS’ RIGHTS AND RESPONSIBILITIES
Preface
The following statement of students' rights and responsibilities is intended to reflect the philosophical base upon which university policies are built. This philosophy acknowledges the existence
of both rights and responsibilities which are due an individual not only as a student at the University of Houston-Victoria but as a citizen of the United States of America.
The Student Senate is the official liaison between the student body and the university administration and serves as the mechanism for student input into institutional decision-making. The
Student Senate comprises representatives and officers elected by the student body.
It is the responsibility of the Student Senate to represent the entire student body, to give thoughtful consideration to student concerns, to present recommendations to the President’s Cabinet
for consideration, and to communicate decisions affecting students to the entire student body.
Recommendations may be presented for the President’s Cabinet consideration at the request of a simple majority of the Student Senate. Recommendations shall be in written form and shall be
presented to the President’s Cabinet through the Director of Instructional Support Services or the Provost. The President’s Cabinet shall consider all recommendations and inform the Student Senate
of its decision(s). The President’s Cabinet may confer with members of the Student Senate prior to making decisions. The President’s Cabinet may, from time to time, request that the Student Senate
consider various matters deemed by the Cabinet to require review by the student body.
Student Rights
ARTICLE I
A student shall have the right to participate in a free exchange of ideas and there shall be no university rules or regulations or administrative policy that in any way abridges the rights of
freedom of speech, expression, petition, and peaceful assembly as set forth by the U. S. Constitution.
ARTICLE II
Students shall be treated on an equal basis in all areas and activities of the university regardless of race, color, religion, gender, age, national origin, or educationally unrelated handicaps.
ARTICLE III
A student has the right to personal privacy except as otherwise provided by law, and this privacy will be observed by students and the university authorities alike. See “Confidentiality of Records”
for more information.
ARTICLE IV
Each student shall be free from disciplinary action by university officials for violations of civil and criminal law off-campus, except when such a violation is determined also to be a violation
of the student code of conduct regarding off-campus conduct.
ARTICLE V
Each student subject to disciplinary action arising from violations of university regulations shall be assured procedural due process. At all judicial hearings, an accused student shall be assumed
innocent until proven guilty, and in the initial judicial hearings, the burden of proof shall rest with those bringing the charges. In all proceedings, the student shall be guaranteed substantive
and procedural due process.
Student Responsibilities
ARTICLE I
A student has the responsibility to respect the rights and property of others, including other students, the faculty, the staff and the administration.
ARTICLE II
A student has the responsibility to be fully acquainted with the published University policies and procedures and to comply with them and the laws of the land.
ARTICLE III
A student has the responsibility to recognize that student actions reflect upon the individuals involved and upon the entire university community. If a student violates any university policy or
procedure, the student will be subject to due process of university policy regardless of any civil or criminal action that may be pending as a result of the same violation. The university reserves
the right to refuse acceptance to prospective or former students who have criminal records including conviction of a felony or other offenses of a serious nature. If a student has deliberately
attempted self-inflicted harm, the university may withdraw the student when the Director of Instructional Support Services deems such action to be in the best interest of the student and the
university. If a student remains in school, the university assumes no responsibility for the welfare of the individual.
The university reserves the right, through due process, to issue a warning, to suspend, or to dismiss any student for conduct that is harmful to members of the university community or damaging
to the educational interests of the university.
Disciplinary Procedure
A student whose conduct has been called into question is required to meet first with the Manager of Student Services (MSS) for a discussion of the nature of the complaint, student involvement, and
the possible disciplinary action. This initial interview may suggest immediately that the student is not subject to censure and that there should be no discipline. If it seems warranted, it may
also suggest that the student be referred to an appropriate service. If it is determined that disciplinary action is in order, the case will be sent to a Student Grievance Committee by the MSS.
Two members of the President's Cabinet and two members of the faculty will be called to serve as the Student Grievance Committee. The hearing conducted by this Grievance Committee is not a legal
arena, but an administrative setting. A student required to appear before the committee is told the purpose and nature of the hearing ten days in advance. The disciplinary report is made available
to the student, specifying alleged misconduct and sources of information, and the student will be requested to provide a written statement of his/her involvement in the incident under consideration.
During the hearing, the MSS participates as a nonvoting party responsibility of insuring that appropriate university rules and procedures are followed throughout the course of the hearing.
Student Grievance Procedures
Procedures to be followed in conducting the hearing are the following:
- Election of chairperson by committee.
- Introduction of committee by chairperson.
- Introduction of Manager of Student Services (MSS) by chairperson.
- Introduction of respondent student, complainant, and witnesses by MSS.
- Reminder of confidentiality by chairperson.
- Question of challenging any member of the committee on ground of personal bias by chairperson.
- Reading of the summary of violation by the MSS.
- The chairperson asks the respondent student whether he/she has or has not violated university policies in reference to the reported incident*.
*If the student admits to having violated a university policy, the committee may move into an open discussion with the student -- such as that provided for in step 10 -- over any aspect of the
case to encourage a developmental experience for the student. Then the committee may move to step 11.
- Statements from complainant and witnesses in reference to alleged actions.
- Statements by the respondent student and witnesses in references to alleged actions.
- Opportunity for questioning by the committee regarding all information.
- Closing statement by the complainant.
- Closing statement by the respondent student.
- Comments (if necessary) by MSS.
- Private/closed meeting by the committee to determine whether the student was in violation of university policies.
- Presentation by the committee of its decision regarding violation or non-violation by the student of university policies. The committee will make the announcement to the respondent student and the MSS.
- If the respondent student is found to be in violation of university policies, the committee may hear evidence concerning the appropriate sanction. (Complainant and respondent will be given
an opportunity to speak.) The committee may consider the respondent's prior disciplinary record only in order to recommend an appropriate sanction. (MSS will inform of any prior record and
typology for specific code violation.)
- Private/closed meeting by the committee to determine an appropriate sanction.
- Presentation of recommended sanction by the committee to the respondent student and the MSS. Explanation of sanction by chairperson (if necessary).
- Brief explanation by the MSS to the respondent student of the appeals process.
The recommendation of the committee is communicated to the aggrieved party orally and in writing and is considered a matter of confidential information. Final authority for a decision involving
possible suspension or dismissal rests with the President of the university, to whom requests for an interview must be made by the aggrieved party within two working days after notification of the
committee action.
Disciplinary decisions are made in relation to each student as an individual. The student's most recent conduct, past record, apparent growth and expressed attitude about future behavior are
all taken into account.
Sanctions applied as a result of disciplinary hearings take effect at the time of notification.
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