Responding to an Allegation

Know your rights and learn what happens if an instructor alleges your involvement in academic misconduct.

Students Rights

Your Rights as a Student

If a course instructor or faculty member alleges your involvement in academic misconduct, you have the right to due process, which grants you two rights:

RIGHT TO BE NOTIFIED

Your instructor or faculty member will request a meeting. At this meeting the instructor or faculty member will present you with the evidence supporting a charge of academic misconduct, explain the penalty, and provide time to discuss the alleged incident. After the meeting, your instructor or faculty member will send you the Determination Verification Form via the TXST (secure) File Transfer system that will allow you to accept the finding and penalty or to contest the finding and/or penalty. You will complete and return the form to your instructor or faculty member using the TXST (secure) File Transfer system. If you accept the finding of the academic misconduct and the penalty, the Honor Code Council considers the matter closed and no hearing is required. Failure to attend the meeting and/or refusal to sign the form within three business days may result in a hold being placed on your academic record until the matter is resolved.

RIGHT TO BE HEARD

If you choose to challenge the finding of academic misconduct and/or the penalty, you have a right to a hearing before the Honor Code Council. The Hearing Officer of the Honor Code Council will schedule a hearing at a time convenient for the faculty member and student and based upon the availability of Honor Code Council members.

Potential Outcomes

The Honor Code Council deliberates only on issues regarding academic penalties. Disciplinary penalties are determined by the Dean of Students Office and are the sole province of the dean of students. Depending on the severity of the Honor Code violation and/or history of the student regarding academic misconduct, individual cases may be referred for disciplinary action to the Dean of Students Office by the chair or vice chair of the Honor Code Council.

The Honor Code Council has no authority to issue findings of guilt/innocence and penalties to students. The Honor Code Council recommends findings of guilt/innocence and penalties to the respective dean of the college where the violation occurred. The dean is then charged with issuing a ruling on each individual case.

As a result of the hearing, one of three actions may be taken:

  1. The finding of academic misconduct and penalty of the instructor is recommended to be upheld; or
  2. the finding of academic misconduct is recommended to be upheld, but a modified penalty is recommended; or
  3. the finding of academic misconduct is not supported and is recommended to be dismissed.

The student and/or faculty member have the right to appeal the dean’s decision to the provost and Dean of University College. Grounds for appeal are limited to allegations that:

  • proper due process procedures were not followed. However, deviations from prescribed procedures will not necessarily invalidate a decision or proceeding unless they caused significant prejudice to the student;
  • the penalties assessed are not commensurate with the code violation committed; or
  • the university has violated a right guaranteed to the student by the Constitution or laws of the United States or the State of Texas.

The provost and Dean of University College will render a final decision on the appeal.