Misconduct allegations at the University of Houston (UH) carry significant consequences for students. With a large and diverse population throughout UH System campuses, the institution must address a myriad of issues. From cheating and plagiarism to housing violations and harassment, Houston can levy punishments up to expulsion from school, marking the end of an academic career.
Even though the university allows students to defend themselves, those accused don't always get the fairness they deserve. Unfortunately, even a first-time violation can disrupt a student's graduation and career goals.
The Lento Law Firm Student Defense Team is ready to begin your defense against Houston misconduct allegations. Our team has the resources you need to protect your academic and professional future. Call us at 888-535-3686 now or visit our confidential consultation form, and we will reach out to you.
How Does Houston Define Misconduct?
Houston is dedicated to student educational objectives and maintaining an academic atmosphere that protects the health, safety, and welfare of the campus community. The acts that constitute unacceptable behavior are included in the school's Student Code of Conduct.
Prohibited behaviors include, but are limited to the following:
- Intentionally or recklessly causing damage to personal, business, or university property
- Obstructing or interfering with university functions, such as excessive noise-making or disturbing the peace
- Failure to comply with university directives or identify oneself to law enforcement officers
- Encouraging another person to engage in a code of conduct violation
- Altering, forging, or falsifying records, academic or otherwise
- Intentionally inflicting mental or bodily harm upon anyone
- Unauthorized use or misuse of any university computer, network, or system
- Photographing, filming, or digitally recording someone without their consent and violating a reasonable expectation of privacy
- Cohabitation, subletting, or altering the physical structure of a school residence without approval
- Sexual assault, exploitation, intimidation, harassment, or non-consensual contact
- Displaying obscene (as defined by Texas or federal law) or discriminatory materials that are reasonably likely to cause someone mental harm
- Possession of a pet except for a ten-gallon fish tank, service animal, or an approved emotional support animal
- Possession, distribution, or consumption of alcoholic beverages except during events or in circumstances authorized by school officials
While students may think Houston's jurisdiction stops at the edge of campus and associated properties, think again. Students garner discipline for incidents occurring in connection with any university-sponsored or affiliated activity or program, regardless of where it happens.
Investigations and Informal Resolutions
Houston's Dean of Students Office receives all misconduct allegations. After verifying the potential of violating its code of conduct, it sends a referral notice to the accused (respondent). Notices contain a report of the incident presented, the student's rights during the grievance process, and a Respondent Disciplinary Choice Form (RDCF).
One of the most significant due process provisions for students is that they may be accompanied and assisted by an advisor. The advisor may be a legal professional but may only act in a consultative capacity. Therefore, they collect evidence and testimony and build a respondent's defense strategy but cannot represent the student. An advisor can address the Hearing Officer during meetings, but only with the officer's permission.
Students must complete the RCDF within five business days. Respondents choose one of two options: an informal disciplinary conference with the Hearing Officer or formal proceedings before the University Hearing Board (UHB).
During the disciplinary conference, the Hearing Officer reviews incident reports, witness statements, and testimony from the respondent and the accuser (complainant) in separate meetings. If the respondent agrees to admit responsibility during a disciplinary conference, the Hearing Officer levies the appropriate sanctions. Determinations and punishment achieved through informal means are non-appealable. However, both parties may choose to proceed to a UHB hearing.
UHB Hearings and Sanctions
During a UHB hearing, parties may examine the written evidence offered. Additionally, they are allowed to cross-examine witnesses, along with accompaniment by their advisors. The board chair determines the length of any witness testimony when it's heard, and the order of presentations.
The UHB will break to deliberate the violation stage in a closed session. All decisions regarding responsibility for the allegations are made with the preponderance of the evidence standard. After, they return and continue the second part of the hearing to discuss sanctions, which involve the following:
- Respondent's prior disciplinary record
- The motivation behind the incident
- Effects on the Houston campus community
- The potential for re-offense
In a majority vote, the UHB recommends corrective action and forwards the information to the Hearing Officer. Seven business days later, the respondent will receive a notice of sanctions imposed. Punishments are case-dependent but can include written warnings and reprimands, disciplinary probation, suspension (deferred, interim, or temporary), or expulsion and withholding of a degree.
Can You Appeal Misconduct Violations?
An appeal is not an opportunity to re-hear the original case. Nevertheless, students may file one within ten business days of the UHB's decision. While a respondent's simple disagreement with the outcome is not grounds for an appeal, students and their advisors who can claim the following may seek redress:
- New information, not available at the time of the original hearing, was discovered that could affect the decision
- The evidence does not support or is contrary to the UHB's findings
- Procedural errors resulted in material harm or prejudice to the student
- Sanctions imposed are excessively severe
The Dean of Students or a designee will serve as the Appellate Officer for all cases. They review requests to determine if acceptable grounds for appeal are demonstrated. After examining the explanation provided by the respondent, the Appellate Officer renders a decision in writing within ten business days of receipt of the appeal. They may amend the findings or sanctions or remand the case to the UHB. The matter is considered final after the Appellate Officer's decision, and the case is closed.
The Lento Law Firm Student Defense Team for Houston Misconduct Defense
Managing misconduct allegations alone is not a practical idea. A single mistake during the grievance process can leave University of Houston students vulnerable to harsh discipline. Act fast to gain the professional assistance needed to remain enrolled and aligned with academic and professional goals.
The Lento Law Firm Student Defense Team stands prepared to begin your defense against misconduct allegations. We will serve as your trusted counsel throughout the student conduct process and protect your right to fair and impartial proceedings. Call us at 888-535-3686 now or visit our confidential online consultation form, and we will contact you.
