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Student Misconduct Charges in the University of Texas System

The University of Texas System's Size

Texans are rightly proud of their primary state university system. The University of Texas System has a mission to produce “high quality human capital with a sense of service and the ability to lead….” The UT System boasts eight academic institutions and five more health institutions supporting a student population of nearly a quarter of a million. The UT System's academic institutions include the University of Texas at Arlington, Austin, Dallas, El Paso, Permian Basin, Rio Grande Valley, San Antonio, and Tyler. The health institutions are in Dallas, Galveston, Houston, and San Antonio, with cancer centers in other locations. The UT System awards about 60,000 degrees annually, made possible through the teaching of faculty members numbering over 20,000. The UT System employs another 85,000 healthcare professionals and staff. The UT System has enormous economic and social impact in Texas and beyond, having an annual budget of $23.4 billion and producing graduates whose earnings are in the hundreds of billions of dollars. The University of Texas System is powerful, influential, and laudatory.

A Little History for a Big University System

The University of Texas System also has a rich history, adding to the System's influence and distinction. Article VII of the Texas Constitution of 1876 authorized the Texas Legislature to establish the University of Texas system. The legislature promptly did so in 1881, although it left the people to vote on the University's first location. That same year, the people chose Austin, with a medical center in Galveston. The legislature added the El Paso location in 1913, the cancer centers in 1941, and locations in Houston in 1943 and Dallas in 1949. The UT System acquired the Arlington campus from Texas A&M in 1965. The legislature added the San Antonio and Permian Basin campuses in 1969 and the Tyler location in 1979. The University of Texas System gradually fulfilled its historic promise, becoming a truly statewide system of immense size and influence. The UT System is, in its conception, planning, and growth, a shining example of a publicly established and funded university system.

Student Discipline at the University of Texas--It Happens

Yet, students attending University of Texas campuses can still find themselves facing serious academic and other discipline problems. One recent story reports seventy UT Austin students facing discipline for allegedly sharing group messages about the content of an upcoming exam. The pandemic's remote instruction, including remote administration of exams, has increased the confusion over what is permissible and what is against student rules. Innocent conduct can, at times, look like a violation of class rules and the academic misconduct code. Innocent-seeming conduct can run afoul of broad definitions of cheating or behavioral misconduct. As a consequence, misconduct charges are a real risk within the UT System, as elsewhere, even for the most earnest and mature of students. If you face misconduct charges in the University of Texas system, then know that national college and university misconduct defense attorney Joseph D. Lento and his team at the Lento Law Firm are available to aggressively and effectively defend you. You need not stand alone in the face of false or unfair discipline charges.

Student Misconduct at University of Texas Campuses

The University of Texas campus at Austin, with 51,000 students, rightly claims to be Texas' leading research university and among the top forty best universities in the world. UT Austin is a flagship for the UT System. As the above story shows, though, gaining entry to such a distinguished university program is no guarantee of immunity from misconduct charges. Indeed, UT Austin processed over one thousand sexual misconduct reports in the most recent year for which statistics are available. Other behavioral misconduct can also be a problem at UT System campuses. UT Arlington, for instance, reported 138 crime-and-safety incidents on its campus in the most recent year for which statistics are available. That figure represented 2.88 incidents per thousand students. Nearly half of those incidents involved disciplinary actions, while the other half involved an arrest for drug possession or major crimes or violence against women.

By contrast, the vast majority of behavioral incidents at UT Dallas involved drug possession, with smaller percentages involving major crimes or violence against women. The other UT campuses at El Paso, San Antonio, Tyler, and other locations see similar reports of student academic, sexual, and other behavioral misconduct. UT El Paso, for instance, reports a higher 10.01-per-thousand rate of crime- and safety-related incidents. Fully half of those 373 incidents in the most recent reported year involved disciplinary actions. UT San Antonio reported similar numbers and rates of behavioral incidents, as would the other campuses. Misconduct happens at all UT System campuses, each of which processes a large number of misconduct cases. If you find yourself facing student misconduct charges at a University of Texas campus, then you are certainly not alone. Nor need you face those charges alone. National college misconduct defense attorney Joseph D. Lento is ready to defend you against misconduct charges at any University of Texas campus.

Governance of the University of Texas System

The Texas Legislature provided that a nine-member Board of Regents would govern the University of Texas System. The Texas governor appoints each UT System regent to a three-year term. The regents include a student member serving a one-year term. The UT System regents are important to student discipline because the regents adopt university policies, including discipline policies. A board of regents, though, requires a chief executive to carry out those policies. In the University of Texas System, that chief executive is the university chancellor. The chancellor reports to the board of regents while maintaining responsibility for all university operations. The chancellor appoints several vice-chancellors, one of whom is an executive vice chancellor of academic affairs. That vice-chancellor works with the presidents over each of the UT System's eight academic institutions to implement the Board of Regents' policies, including student discipline. Student discipline at the University of Texas thus has central governance but campus implementation and enforcement.

Other State Institutions Governing Student Conduct

If you face student misconduct charges at a University of Texas campus, the rules governing those charges will be primarily university rules, not broader law, even though other educational authorities outside the UT System exist. The Texas Legislature established the Texas Higher Education Coordinating Board in 1965 as the highest state authority over colleges and universities within the state. A ten-member board, including one student member, governs the Texas Higher Education Coordinating Board. The board appoints a single commissioner as its chief executive. The board makes rules that become a part of the Texas Administrative Code. While the board has made many rules affecting students, and the board could make rules regarding student misconduct and discipline, it has not promulgated a student conduct code. The Texas Higher Education Coordinating Board and its regulations will not generally play any role in UT System student discipline.

State Law Against Hazing

One form of student misconduct has caught the attention of Texas legislators. Texas law goes out of its way to specifically prohibit hazing. Texas Education Code Section 51.936 requires Texas colleges and universities to report on their websites organizations that have committed hazing at the institution. Texas Education Code Section 37.151(6) defines hazing as 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 for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in an organization if the act: (A) is any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity; (B) involves sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other similar activity that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; (C) involves consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance ... that subjects the student to an unreasonable risk of harm or that adversely affects the mental or physical health or safety of the student; (D) is any activity that induces, causes, or requires the student to perform a duty or task that involves a violation of the Penal Code; or (E) involves coercing .... the student to consume: (i) a drug; or (ii) an alcoholic beverage or liquor in an amount that would lead a reasonable person to believe that the student is intoxicated....

Other Law: UT System Student Conduct and Discipline Policy

Other laws, beyond the Texas state law against hazing, could certainly influence student discipline on UT System campuses. Indeed, the UT System makes any violation of federal, state, or local law a potential source for student discipline. Break a law, and you could get in trouble with your UT campus. The UT System Board of Regents governs student conduct on UT campuses only in the broadest sense. The UT System Board of Regents, in its Rule 50101 Student Conduct and Discipline, provides only for these general standards of student conduct:

All students are expected and required to obey federal, state, and local laws; to comply with the Regents' Rules and Regulations, with The University of Texas System and institutional rules and regulations, and with directives issued by administrative officials of the UT System or UT System institution in the course of their authorized duties; and to observe standards of conduct appropriate for an academic institution.

The UT System Board of Regents' Rule 50101 Student Conduct and Discipline won't be your guide in determining whether your conduct meets or violates the UT System's policies. Yet Rule 50101 does authorize your UT campus to treat a violation of federal, state, or local law as a violation of UT's student conduct policies. You could potentially face university discipline for violating any criminal or other law. You could also potentially face university discipline for failing to comply with any directive issued by any UT official. Those are very broad requirements. If you face UT system misconduct charges based on a violation of law or a UT official's directive, then don't hesitate to retain national college misconduct defense attorney Joseph D. Lento to defend you against those misconduct charges.

UT System Model Student Discipline Policy

While the UT System Board of Regents student standards include no specifics, the Board of Regents further authorized the UT System vice chancellor and general counsel to issue a Student Conduct and Discipline Model Policy. The Student Conduct and Discipline Model Policy contains all the specific prohibitions and procedures of a traditional student code of conduct. If you face disciplinary charges at a UT campus, then those charges will be under a local UT campus policy like the UT System's model policy. The Student Conduct and Discipline Model Policy prohibits academic misconduct and behavioral misconduct in the following specifics.

Academic Misconduct. The UT System's Student Conduct and Discipline Model Policy prohibits several forms of academic dishonesty, including “cheating, plagiarism, collusion, the submission for credit of any work or materials that are attributable in whole or in part to another person without giving sufficient credit, taking an examination for another person, or any act designed to give unfair advantage to a student or the attempt to commit such acts.” The Student Conduct and Discipline Model Policy goes on to define several of those terms as follows:

  • cheating includes copying another student's test paper or other assignment, communicating with another student during a test, giving aid to or seeking aid from another person during a test or when otherwise prohibited, possessing unauthorized materials during a test such as notes or electronic devices, using or attempting to obtain any part of a test, test key, homework solution, or computer program without instructor permission, accessing a test bank without instructor permission, substituting for another person or permitting another person to substitute for oneself to take a test, or falsifying research data, laboratory reports, or other records of academic work offered for credit
  • plagiarism is appropriating material from another source without indicating the source, including words, ideas, illustrations, structure, computer code, and other expression or media while presenting that material as one's own academic work offered for credit or in a program or course
  • collusion is unauthorized collaboration in preparing academic assignments offered for credit or collaboration with another person to commit a violation of any rule on academic dishonesty, including disclosing or distributing the contents of an exam
  • misrepresentation for academic advantage, to a university agent, including providing false grades or résumés, false or misleading information in an effort to receive a postponement or extension on a test, quiz, or other assignment for the purpose of obtaining an academic or financial benefit for oneself or another individual, or providing false or misleading information in an effort to damage another student academically or financially

Behavioral Misconduct. The UT System's Student Conduct and Discipline Model Policy prohibits many forms of behavioral misconduct, meaning conduct that, while not directly related to academics, violates health, safety, and other social norms. Those forms of behavioral misconduct that the model policy prohibits include:

  • illegal drug use, possession, or sale
  • conduct endangering the health or safety of any other person
  • conduct that “obstructs, disrupts, or interferes with any teaching, educational, research, administrative, disciplinary, public service, or other activity or public performance authorized to be held or conducted on campus or on property or in a building or facility owned or controlled by the UT System, including conduct that interrupts, modifies, or damages utility service or equipment, communication service or equipment, university computers,” or computer networks accessible through the University's computer resources
  • conduct inciting imminent lawless action
  • unauthorized use of property, equipment, supplies, buildings, or facilities owned or controlled by the UT System
  • hazing with or without the consent of a student, whether on- or off-campus, including the person inflicting the hazing, the person submitting to the hazing, and persons knowingly failing to report hazing
  • altering any official record of the UT System
  • submitting false information or omitting requested information that is required for or related to an application for admission, the award of a degree, or any official record of the UT System, including “forging, altering, or duplicating any parking permit, traffic ticket, or parking ticket issued by the University, any ticket for admission to a program or event sponsored by the University, any means of identification issued by the University, any instrument obligating the University to pay any sum of money,” or any key used for entering any building owned or controlled by the University
  • vandalism that defaces, mutilates, destroys, or takes unauthorized possession of any property, equipment, supplies, buildings, or facilities owned or controlled by the UT System
  • unauthorized use of explosives, weapons, or hazardous chemicals while on campus or on any property or in any building or facility owned or controlled by the UT System
  • theft, stealing, or taking “unauthorized possession of any personal property of any community member or university property within the buildings or facilities owned or controlled by the UT System”
  • gambling on property owned or controlled by the institution
  • misuse of information resources
  • unauthorized sale or use of alcoholic beverages
  • knowingly submitting false information to university officials

Relationship of UT Model Policy to Campus Policy

You might think, then, that you'd look to that model policy to see what conduct your UT campus expects of you. After all, the model policy contains specific prohibitions and detailed definitions. Understand, though, that UT System model policies only establish minimum standards. The Board of Regents' Rule 50101 Student Conduct and Discipline provides for each UT campus to make its own specific student conduct and discipline policies as follows:

"Each UT System institution shall adopt rules and regulations concerning student conduct and discipline. Such rules shall be in accordance with a model policy developed by the Office of General Counsel that complies with State and federal law, Regents' Rules, and UT System policies. Institutional rules shall become effective upon review and approval by the Executive Vice Chancellor for Health Affairs or the Executive Vice Chancellor for Academic Affairs, as appropriate, and by the Vice Chancellor and General Counsel. Each student is deemed to have notice of the provisions of the Regents' Rules and Regulations and institutional policies."

UT campuses may thus tailor the UT System Student Conduct and Discipline Model Policy to their individual needs as long as the policy they adopt meets the model policy's minimum requirements. You must look to your own UT campus's policy on student conduct to ensure that you comply. That local policy should look very much like the UT System Student Conduct and Discipline Model Policy. Indeed, if your local UT campus's policy falls short of the model policy in the protections that it affords you, then you have a good argument for the model policy's protections. The eight UT campuses have adopted these specific student conduct policies, meeting the model policy:

University of Texas System Misconduct Procedures

The UT System Student Conduct and Discipline Model Policy includes relatively detailed procedures that UT campuses must follow to ensure a fair decision in misconduct cases. These procedures apply to all misconduct proceedings other than those involving sexual misconduct, as to which the UT System maintains separate policies. The procedures are protective in nature. Procedures help an accused student ensure a fair outcome. If you face misconduct charges at a UT campus, then you should have a reasonable opportunity to contest those charges. National academic misconduct defense attorney Joseph D. Lento is available to help you make the most of those protective procedures.

Initial Investigation. Under the UT System Student Conduct and Discipline Model Policy, for all matters other than sexual misconduct, a campus dean reviews and investigates misconduct reports and complaints to determine whether to bring misconduct charges. The model policy permits the dean to proceed even if the student already faces other criminal or civil proceedings for the same misconduct. The campus dean will likely meet with the complainant and the accused student. Indeed, the dean can summon students for those meetings and may punish students who fail to appear in response to a summons. The dean must permit the accused student to respond to the charges and to review the evidence that the dean gathers.

Interim Sanctions. Under the UT System model policy, the dean may suspend the accused student and bar the student from campus during the investigation and subsequent proceedings if evidence suggests that the student is a danger. The model policy permits the student to challenge that action in an expedited hearing that the school must ordinarily hold within ten days of the interim sanction. The dean may also withhold a transcript, grade, certificate, or degree while the misconduct matter proceeds, if giving the accused student notice and an opportunity to respond.

Informal Disposition. In cases in which the potential sanction is less than suspension or dismissal, the UT System model policy encourages the dean to find facts and propose sanctions to the accused student in an effort at informal, administrative disposition. If the accused student accepts the findings and proposed sanction, then the matter concludes with the student's written agreement to waive the right to a hearing, appeal, and other protective procedures. The student may alternatively accept the findings but appeal the proposed sanction. When deciding what to do, though, do not waive procedural rights, admit to conduct you did not commit, or accept significant sanctions without consulting with national academic misconduct defense attorney Joseph D. Lento. You need to know your rights, the school's responsibilities, and the potential collateral consequences to you of misconduct findings and sanctions.

Formal Disposition. Under the UT System model policy, more serious misconduct charges involving potential suspension or dismissal must move forward to a formal hearing. Importantly, the dean pursuing the misconduct charges has the burden “of going forward with the evidence and ... proving the charges by the greater weight of the credible evidence.” An accused student and the student's lawyer representative may hold the school to bringing forward credible evidence of misconduct and showing that the school's evidence outweighs the accused student's exonerating evidence. Know your procedural rights and rely on them.

University of Texas Misconduct Hearings

The UT System Student Conduct and Discipline Model Policy guarantees the accused student a hearing to contest misconduct charges whenever the sanction is suspension, including loss of student rights and privileges, or expulsion from the school. The hearing must be before “a fair and impartial Hearing Officer,” and the accused student may challenge the appointed hearing officer's impartiality. The hearing officer decides whether to recuse himself or herself. The school must notify the accused student in writing of the hearing time, date, and place and must provide the student with all evidence relating to the charges. The hearing officer both makes the findings and imposes the sanction, although the prosecuting dean may recommend a sanction.

Hearing Procedure. Each side, meaning the prosecuting dean and the responding student, must provide the other side with a witness list, including a summary of the anticipated testimony. The accused student has the right to appear, testify, make an opening statement and closing argument, present documentary evidence, and present and cross-examine witnesses. The school may conduct either a live hearing with all persons present or may permit any party or witness to participate virtually. The school must record the hearing to have a record for appeal purposes.

Representation. The accused student may retain an attorney to be present to assist the student at the hearing. While the attorney may confer with and guide the accused student, the attorney must not question or cross-examine witnesses, offer evidence, make objections, or make arguments. The model policy limits the attorney's assistance to advising the student. A skilled and experienced attorney can nonetheless be of great help at a hearing and throughout the disciplinary process. If you face misconduct charges in the UT System, then retain national academic misconduct defense attorney Joseph D. Lento who has helped hundreds of students nationwide face and defeat misconduct charges.

University of Texas System Misconduct Sanctions

The UT System Student Conduct and Discipline Model Policy provides for graduated sanctions from the minor to the most serious. Take any sanction seriously, though, because of the potential collateral consequences. Even a minor sanction could lead to the loss of other significant opportunities, including recommendations, reference letters, internships, graduate program admission, jobs, and professional licenses. The UT System model policy provides for these potential sanctions, singly or together, on a finding of misconduct:

  • disciplinary probation
  • withholding grades, transcript, or degree
  • bar against readmission or enrollment
  • drop from courses and withdrawal from the institution
  • restitution or reimbursement for damage
  • suspension of privileges including athletics or extracurriculars
  • failing grade or grade reduction for examination, assignment, or course
  • denial of degree
  • suspension for a specified time or until meeting conditions
  • transcript notation of discipline
  • expulsion
  • revocation of degree

Appeal of Misconduct Findings and Sanctions

The UT System Student Conduct and Discipline Model Policy guarantees an accused student the right to appeal both a disciplinary finding and the disciplinary sanction. If you have suffered a finding of misconduct and face sanctions, then retain national academic misconduct defense attorney Joseph D. Lento to review and pursue your appeal rights. An appeal, though, is not a second chance to argue the merits of the evidence. Appeals are instead to correct irregularities in the initial proceeding. You must do much more than simply claim an appeal. Your academic administrative appeal attorney must show good grounds to reverse the initial decision. Under the UT System model policy, an appeal must show one or more of the following grounds:

  • the school's sanction was inappropriate or not commensurate with the circumstances
  • a procedural irregularity affected the outcome of the matter
  • the accused student has new evidence that was not reasonably available at the time of the hearing that could affect the matter's outcome
  • the dean, an investigator, or the hearing officer had a conflict of interest or bias for or against a party that affected the outcome of the matter

Appeal Procedures. The UT System Student Conduct and Discipline Model Policy requires the accused student to draft and submit an appeal brief “stating the specific reasons for the appeal,” meeting one or more of the above grounds. The appellate rules place a strict fourteen-day limit on when the appeal is due. That time limit makes it critical for your academic attorney to take swift action, ordering and reviewing the hearing record, researching the authority for appeal, and drafting and submitting the appeal argument. Appeals go to an Appeal Official whom the campus president designates. The Appeal Official may only consider the hearing record. The Appeal Official may reject, approve, or modify the initial decision or require that the hearing resume for additional evidence and reconsideration of the initial decision. The Appeal Official must decide within thirty days of the appeal. Let national academic misconduct defense attorney Joseph D. Lento assist you with reviewing your appeal rights.

University of Texas System Title IX Policy

The UT System separately maintains a model Sexual Misconduct Policy with which each UT campus must comply. Schools receiving federal funds must comply with federal Title IX's several specific prohibitions against sex discrimination or risk losing those funds. Schools receiving federal funds must also comply with Title IX's elaborate procedures for addressing complaints of sexual misconduct. The UT System's Sexual Misconduct Policy satisfies those obligations. The UT System's Sexual Misconduct Policy prohibits sex discrimination in each of these forms:

  • sexual assault,
  • dating or domestic violence,
  • stalking,
  • sexual harassment, and
  • retaliation for reporting sex discrimination.

Your individual UT campus has adopted substantially the same Title IX sexual misconduct policy. If your UT campus receives a complaint or report that you may have committed one or more of these forms of Title IX sexual misconduct, then you may face Title IX misconduct charges. If you face Title IX charges within the University of Texas System, then retain national college and University Title IX defense attorney Joseph D. Lento. Attorney Lento has the commitment, skill, and experience to aggressively and effectively defend you against Title IX sexual misconduct charges at the University of Texas.

Non-Title IX Sexual Misconduct in the UT System

The UT System's Sexual Misconduct Policy addresses both UT's federal Title IX obligations and UT's separate commitment to prohibit non-Title IX sexual misconduct. The UT System prohibits more than just Title IX sexual misconduct. It also prohibits other forms of sexual misconduct. The UT System's Sexual Misconduct Policy prohibits sexual exploitation. The model policy defines sexual exploitation as:

Conduct where an individual takes non-consensual or abusive sexual advantage of another for their own benefit, or to benefit anyone other than the one being exploited. Examples of sexual exploitation include, but are not limited to, engaging in voyeurism; forwarding of pornographic or other sexually inappropriate material by email, text, or other channels to non-consenting students/groups; the intentional removal of a condom or other contraceptive barrier during sexual activity without the consent of a sexual partner; and any activity that goes beyond the boundaries of consent, such as recording of sexual activity, letting others watch consensual sex, or knowingly transmitting a sexually transmitted disease (STD) to another.

UT System Sanctions for Sexual Misconduct

The UT System's Sexual Misconduct Policy provides for the same sanctions, up to suspension, dismissal, or degree revocation, against students violating that policy as against students violating the broader Student Conduct and Discipline Model Policy applying to non-sexual misconduct. However, the Sexual Misconduct Policy adds two less severe sanctions that the UT campus may impose. Those lesser sanctions include (1) educational training and (2) no shared classes or extra-curricular activities between the accuser and accused student. Don't take sexual misconduct charges lightly. Sexual misconduct can carry a greater stigma causing greater harm to one's reputation than other forms of misconduct. The school's sanction may be the lesser problem. Other, longer-term harms to your career and reputation can be your greater problem.

UT System Sexual Misconduct Procedures

The UT System's Sexual Misconduct Policy defines a separate set of procedures from those the UT System follows for other forms of student misconduct. Those procedures are the same, with a few exceptions. One of the biggest differences is that the academic administrative attorney whom you retain will have the right to question and cross-examine witnesses at the formal hearing. Federal regulations currently guarantee that right. The right to cross-examination is a powerful protection when wielded by a skilled attorney. Cross-examination can make the difference in proving charges false. If you face sexual misconduct charges within the UT System, retain national college sexual misconduct defense attorney Joseph D. Lento to represent you, including to cross-examine adverse witnesses. Sexual misconduct is a serious charge carrying significant potential collateral consequences affecting your education, job prospects, career, and life. Get an expert academic attorney's help defending those charges.

Other UT System Conduct Codes

Graduate and professional schools within the University of Texas System may make other rules with which students must comply, especially rules relating to professionalism. For example, UT Austin's School of Law requires its law students to follow an Honor Code and Professionalism Oath. UT law students must follow the conduct rules of the law profession. One of those rules, for instance, requires reporting wrongdoing by other students: “Under the honor system, the students must not tolerate unethical behavior by their fellow students. A student who knows of unethical behavior of another student is under an obligation to take the steps necessary to expose this behavior.” Graduate and professional students in the UT System must ensure that they comply with the professionalism code and rules of their particular program. If you face misconduct charges in a UT graduate or professional school, then retain national academic misconduct defense attorney Joseph D. Lento to aggressively and effectively defend you. Your graduate or professional education is worth the strongest defense.

Get Expert Help from a National Academic Attorney

If you face misconduct charges at any campus within the University of Texas System, national academic defense attorney Joseph D. Lento and the Lento Law Firm are ready for your defense. Academic administrative matters differ from ordinary court and other legal matters. The skills of a general practitioner lawyer or even a lawyer with trial experience are not the same as academic administrative skills and expertise. The customs, norms, and procedures of the academy differ from the customs, norms, and procedures of the court system and other administrative systems. Don't blindly admit to wrongs that you didn't do. And don't let the UT System impose an unfairly harsh punishment. Your education from your UT campus and your career are worth more to you. Call 888-535-3686 to schedule a Lento Law Firm consultation or use the online service.

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