Section V: Outline of the Student Accountability Process

This Process will provide all students:

1. A notice of investigation letter that includes a summary of all allegations made against you prior to any meetings being scheduled.
2. The opportunity to have a support person present.
   • a) This includes an attorney you can choose to provide at your own expense. Support persons will not be permitted to engage in or disrupt the process, but may advise the student
3. The opportunity to present your account to a neutral investigator who starts with the assumption that you are not responsible for the alleged behavior.
4. Written notice of any report alleging a potential violation of the Code will be sent to the responding student within ten (10) university business days of the report being received by the assigned Investigator. This notice will include a request to schedule an investigation meeting.
   • a) The maximum time frame for providing notice may be extended at the discretion of the assigned Investigator in the event of extenuating circumstances.
   • b) Notice of alleged violations that occur during a university break period (e.g., summer or winter break) may be delayed until the start of the next long semester.
5. The understanding that decisions regarding your responsibility will be made by the preponderance of the evidence standard, also known as the “more likely than not” standard.
6. The opportunity to appeal the final decision and/or sanctions imposed.

Online reports may be submitted through the Incident Reporting Form.

The University may learn of possible policy violations from any person, law enforcement agency, or unit/department of the University. The report will typically be in writing but may be received verbally or through media outlets as well. While reports may be made anonymously, reporting anonymously may limit the University’s ability to respond. Reports should be made in a timely fashion, and in most instances, within one calendar year. Failure to make a timely report may limit the University’s ability to effectively investigate the matter.

Upon receiving a report, the Dean of Students Office will consider the information presented, the supporting information available, and the parties involved. Upon review, the Dean of Students Office may:

1. Determine there is not sufficient evidence available to pursue an investigation;
   • I. Determine that the behavior alleged would not violate the Code of Student Accountability;
   • II. Refer the matter to another University unit/department; or
   • III. Proceed with an investigation.

Reports that involve any allegations of other University policies (for example, Title IX Policy), will be initially referred to the appropriate University office for review. Upon review, that office will determine whether it or the Dean of Students Office will move forward with the investigation and/or adjudication.

Most reports occurring in University Housing will be referred to and adjudicated by Residence Life. However, the Dean of Students Office has the discretion to retain the matter.

The Student Accountability System uses the preponderance of the evidence standard. If the investigator determines that it is more likely than not that one or more policies were violated, a sanction or sanctions may be imposed. The case would be dismissed if this standard is not met.

Based on the information received, the University may put interim measures in place at the time of the report or at any point before the Accountability Process is complete. These temporary measures are meant to support safety, fairness, and access for all involved.

Interim Measures may include any outcome or sanction available through the Accountability Process, except for restitution or expulsion. If a temporary suspension is being considered, the Dean of Students Office will assess whether the student’s continued presence on campus poses a risk to others, property, or the academic environment.

Interim Measures are intended to remain in place only for the duration of the investigation. However, if the student is found responsible for the alleged violation, an Interim Measure may be converted into a permanent outcome or sanction as part of the final resolution.

A student may submit a written request to the Dean of Students Office within five (5) university business days to ask for a review of the interim measure, following the process outlined in Section 5.

When there is a Reporting Party involved, the Dean of Students Office will notify them of any proposed changes to interim measures that directly affect them.

Students who wish to have an interim measure reviewed may submit a written request to the Dean of Students within five (5) university business days of receiving notice. If more time is needed, students may request an extension by emailing the Dean of Students Office at least one (1) business day before the deadline.

A review of the interim measure will be considered if the student provides information showing one or more of the following:

• There was a significant issue with the process that impacted the outcome (such as not being properly notified or given a fair chance to respond).
• The decision was not supported by the available information or was not appropriate based on the situation.
• The rules were applied incorrectly.
• New, relevant information has become available that wasn’t reasonably accessible at the time the interim measure was put in place and could change the outcome.

Students going through the Accountability Process may choose to have a support person with them during meetings, interviews, or hearings. This person can be a parent, friend, faculty or staff member, or anyone the student trusts—so long as they are not directly involved in the case or have a real or perceived conflict of interest. A support person is there to provide guidance and reassurance, but they do not speak on the student’s behalf during the process.

To have a support person present, the student must sign a FERPA release allowing the University to share limited information with that individual.

If a student would like to have legal counsel be their support person, they must notify the Dean of Students Office at least two (2) business days prior to the hearing.

The investigation process begins when a student receives a written summary of the specific university policies they are alleged to have violated. Students will be provided at least two (2) university business days to review the allegations before the first investigation meeting takes place.

If a student believes the assigned Investigator has a bias or conflict of interest that could impact the fairness of the process, they may submit a written request for a different investigator to the Dean of Students Office. The request should include a brief explanation of the concern. The Dean of Students will review the request and determine whether reassignment is appropriate.

In some cases, the matter may be resolved during the first meeting with the investigator. In more complex cases, additional meetings may be needed, and the investigator may gather evidence and speak with relevant witnesses. During any meeting with an investigator, students will be offered the rights described in Section III of this Code.

During the investigation, students have an opportunity to review and respond to the evidence that will be used in making a decision. In some cases, information may be redacted to protect personal privacy. The University will not use or permit review of information related to third parties and protected by federal privacy laws, including FERPA, unless an applicable exception applies to the information.

At the end of the investigation, possible outcomes include:

• The allegations are dismissed, and the case is closed with documentation reflecting that no policy violation occurred.
• It is determined that the student more likely than not violated university policy. In most cases, the investigator may assign appropriate educational outcomes or disciplinary sanctions.

The Respondent is expected to engage in the process, be responsive to communications, and participate in the meetings and other areas of the Accountability Process. In the event the student does not meaningfully engage in the process, the University may:

• Place a hold on the student’s account preventing registration for future terms and/or graduation; or
• Proceed with the investigation and issue a resolution without the student’s input.

Failure to meaningfully engage includes not answering phone calls, not responding to email communications, failing to attend a scheduled meeting, frequent and extended delays in communications, or repeated rescheduling of meetings without reasonable justification.

Please note: character witnesses who were not present for the incident are not permitted.

The University may move forward with the Accountability Process even if the same behavior is also being investigated through the criminal justice system. The University and criminal processes are separate, and each follows its own timeline. This means the University’s process can continue even if a criminal case is still pending or unresolved.

In some cases, the Dean of Students Office may choose to pause the University’s process while criminal charges are pending. This decision is made on a case-by-case basis.

If a student is charged with a crime that also violates university policy, they may face accountability under both systems. Criminal behavior may lead to disciplinary action—including interim measures in some cases-even if the case is still open or results in a deferred judgment.

Because the University uses a different standard of evidence than the criminal system (“preponderance of the evidence” vs. “beyond a reasonable doubt”), a student may still be found responsible for violating university policy even if they are not convicted in court.  Student Accountability determinations or outcomes imposed under this Code shall not be subject to change because civil causes of action or criminal charges arising out of the same facts are dismissed, reduced, settled, or resolved in favor or against the student. 

The University will cooperate with law enforcement and other agencies in the enforcement of criminal law on campus as appropriate and permitted by state and federal laws.

As outlined in Section III (Jurisdiction) of the Code of Student Accountability, students remain accountable for their behavior even if they withdraw or choose not to return for a future semester. The University still has the authority to address any conduct that occurred while the student was enrolled.

If a report is filed against a student who is not currently registered, the Dean of Students Office may choose to:

• Move forward with the investigation while the student is not enrolled, or
• Delay the process and place a hold on the student’s account, preventing future registration until the matter is resolved.

After reviewing the facts and relevant information, if the investigator determines it is more likely than not that a student violated university policy, they may assign any appropriate outcomes or sanctions. A non-exhaustive list of possible outcomes is available in Section 11.

The student will receive a written decision that explains the outcome, including a summary of the sanctions imposed, the reasoning behind the decision, and appeal information.

Students have the right to appeal the investigator’s decision or assigned outcome by following the process outlined in Section 12.

One or more of following sanctions may be imposed upon any student for any single violation of the Code of Student Conduct. This list is not exhaustive.

Failure to complete assigned outcomes by the stated deadline may result in additional action, including a registration hold or a new violation for failure to comply with a university directive.

Restorative Sanctions:

• Student Wellness Sanctions:
  • These learning opportunities are designed to support student well-being and are facilitated by the Dean of Students Office or a qualified local agency. Students are responsible for covering any associated costs.
• Educational Sanctions
  • These outcomes are designed to encourage reflection and learning. Students may be asked to complete a specific assignment, attend a workshop or program, receive targeted instruction, or provide a service that relates to their behavior. Students are responsible for any costs associated with completing these requirements.
• Restitution
  • Monetary compensation for damage caused to the University or any person’s property. This could also include situations such as failure to return a reserved space to proper condition.

Status Sanctions:

• Warning:
  • A written notice informing the student that they have been found responsible for a policy violation and that future violations may lead to more serious outcomes. Students who receive a warning remain in good standing with the University.
• Disciplinary Reprimand:
  • A formal written warning that indicates the student’s behavior violated university policy and requires an official record to be maintained by the Dean of Students Office. While more serious than a standard warning, students who remain in good standing may request to have the reprimand removed from their record if they meet the following criteria:

1. 1. 1. 1. At least 12 months have passed since the incident occurred.
         2. The student has not been found responsible for any additional violations of the Code of Student Conduct on or off campus, during that time.
         3. All assigned outcomes and, if applicable, any court-ordered actions have been successfully completed

• University Housing Probation:
  • An official notice that the student’s housing status is in jeopardy due to a policy violation. If additional violations of Residence Life or university policies occur during the probation period, the student may be removed from University Housing. The student may also be required to participate in regular check-in meetings during this time.
• University Disciplinary Probation:
  • A formal notice that a student is at risk of more serious consequences including possible suspension if additional violations occur. This sanction results in the loss of good standing with the University through the probationary period. During the probation period, the student may be required to meet regularly with a staff member to reflect on progress, review expectations, and receive continued support.
• Deferred Suspension:
  • A student is placed on notice that suspension has been considered and is being postponed under specific conditions. The terms and length of the deferral are set by the investigator. If the student is found responsible for another violation during the deferral period, the suspension may be immediately enacted, along with any additional outcomes related to the new incident.
• Disciplinary Suspension:
  • A formal separation from the University for a specified period of time, during which the student is not permitted to be on university property or participate in university events, activities, or programs without prior written approval from the Dean of Students Office. The student must vacate University Housing within 24 hours of being notified, unless an extension is granted at the discretion of the Dean of Students Office.
  • Eligibility to return after the suspension period may depend on completing specific conditions outlined at the time the sanction is issued. The student may also be required to reapply for admission, and any request for return may require approval from the Dean of Students Office. This sanction results in a loss of good standing and will be noted as an Administrative Suspension on the student’s official academic transcript.
• Disciplinary Expulsion:
  • Permanent separation from the University. The student is no longer eligible to attend Texas Wesleyan and is permanently banned from university property, events, and activities. This restriction may be enforced through a formal trespass notice if necessary.
  • Expulsion results in a permanent loss of good standing, and will be noted as an Administrative Expulsion on the student’s official academic transcript.

Denial of Privileges:

• No Contact Order:
  • A student may be prohibited from contacting another individual impacted by their behavior. This measure can be temporary or indefinite and may be issued at any point during the process either as an interim measure or as a final outcome.
• Housing Reassignment or Removal:
  • A student may be relocated to a different room or residence hall, or removed from University Housing entirely. They may also be restricted from entering some or all residence halls and may lose eligibility to reapply for campus housing. If applicable, specific conditions for future housing eligibility will be outlined at the time the outcome is assigned.
• Building, Office, or Campus Restriction:
  • A student may be restricted from entering a specific office, building, group of buildings on campus or the campus in its entirety. This measure can be temporary or indefinite and may be issued at any point during the process either as an interim measure or as a final outcome.
• Campus Access Restriction:
  • A student may be restricted from entering any university property for a set period of time or indefinitely.
• Confiscation of Prohibited Property:
  • Items that violate university policy may be confiscated and become the property of the University. In some cases, prohibited items may be returned to the student at the discretion of the Dean of Students Office or Campus Security.

Student Organization Sanctions

• The following sanctions may be imposed upon Student Groups or Organizations found to have violated the Code of Student Conduct:

1. 1. 1. One or more of the sanctions listed above; and/or
      2. Deactivation, de-recognition, loss of all privileges (including status as a University registered group/organization), for a specified period of time.

Students have the opportunity to appeal the outcome of an investigation and/or any assigned sanctions. Appeals must be submitted in writing to the Dean of Students Office within five (5) university business days from the date the decision notice is sent. The appeal form is available here.

Students may request an extension by emailing the Dean of Students Office at least one (1) business day before the deadline and providing a brief explanation for the request. Extension requests will be considered on a case-by-case basis.

To move forward, an appeal must be based on one or more of the following grounds:

• There was a significant issue with the process that impacted the outcome (such as not being properly notified or given a fair chance to respond);
• The decision was not supported by the available information or was not appropriate based on the situation;
• The rules were applied incorrectly; and/or
• New, relevant information has become available that wasn’t reasonably accessible at the time of the resolution and could change the outcome.

The appeal officer will review the student’s written appeal along with the case record, which includes the investigator’s notes and any evidence gathered. Appeal Officers will be members of the President’s Cabinet or their designee. The appeal review is limited to the existing case file. No new meetings with the student, witnesses, or additional investigation will take place.

Within ten (10) university business days of receiving the appeal, the appeal officer will submit a written appeal outcome to the student. The decision made through the appeal process is final and represents the University’s final resolution of the matter.

If a student withdraws while they have a pending Student Accountability case that would likely lead to suspension or expulsion, a transcript notation will be added stating:

“Withdrew After Disciplinary Complaint Was Filed.”
This notation will remain until the student returns and completes the Accountability Process.

If a student is suspended, the transcript will state:
“Administrative Suspension from [semester] to [semester].”

This notation will stay on the transcript until:

1. The suspension is overturned on appeal, or
2. The suspension period ends and the student has completed all related outcomes or conditions.

If a student is expelled, the transcript will read:
“Administrative Expulsion.”

This notation is permanent unless the expulsion is overturned through the appeal process.

The Dean of Students Office may also place a registration hold or graduation hold in the following situations:

• The student fails to respond after multiple attempts to notify them of a pending investigation;
• A report is filed regarding a student who is not currently enrolled but still falls under university jurisdiction;
• The student does not complete required sanctions assigned by the investigator; and/or
• The student has met all academic requirements for graduation, but the Student Accountability Process is not yet complete or assigned outcomes have not been fulfilled.