Student Disciplinary Policies and Procedures
Preamble
The University of Houston, as an educational institution, has a special set of interests and purposes essential to its effective functioning. These include (a) the opportunity for students to attain their educational objectives, (b) the creation and maintenance of an intellectual and educational atmosphere throughout the University, and (c) the protection of the health, safety, welfare, property, and human rights of all members of the University, and the property of the university itself. The University has a clear responsibility in the area of student conduct to protect and promote the pursuit of its goals. The Student Disciplinary Policies and Procedures emphasize the University’s obligation to promote the personal freedom, maturity, and responsibility of students.
The Student Disciplinary Policies and Procedures set forth those acts which constitute unacceptable conduct for students of the University. All alleged violations of the Student Disciplinary Policies and Procedures may result in referral to the assistant Dean of students.
The University does, in addition, reserve the right, for educational purposes, to review any action taken by civil authorities regarding students. It also has the obligation to introduce counseling and/or disciplinary action if the student’s conduct has interfered with the University’s exercise of its educational objectives or responsibilities to its members. Disciplinary action taken on this basis shall conform to the terms of the Student Disciplinary Policies and Procedures.
The University of Houston supports the concept of educational discipline. When a student is not a danger to the university community, or when a repetition of misconduct is unlikely, the University will make an effort to educate the student through a sanction; but should the student demonstrate unwillingness to obey the rules governing conduct, he will be treated in the same manner as one who has failed academically. Students are expected to adhere, and will be held accountable for adhering, to all federal, state, and local laws in addition to all university policies and regulations not mentioned herein.
A student admitted to the University of Houston accepts the responsibility to conform to all University of Houston rules and regulations. Proven failure to meet this obligation will justify appropriate disciplinary actions including, but not limited to, expulsion, suspension, disciplinary probation, or reprimand. Although the University will make every reasonable effort to make the rules and regulations available, students are responsible for becoming familiar with them.
The University of Houston Judicial System is the responsibility of the Dean of Students Office in conjunction with the Student Government Association. The assistant Dean will advise, under the direction of the Dean of students, the operational judicial procedures.
1. Gender of Pronouns
Whenever appearing, the pronouns, "he," "his," or "himself" shall be considered gender neutral and shall refer to persons of both sexes.
2. Definitions
2.1 "Assistant Dean" means the Assistant Dean of Students.
2.2 "Board" means University Hearing Board.
2.3 "Code" refers to this Disciplinary Code.
2.4 "Handbook" means the Official Student Handbook.
2.5 "Hazing" means those activities defined in the Texas Education Code Sec. 37.151 et seq and Student Life Policy.
2.6 "Hearing Authorities" include the Dean of Students, Assistant Dean, and Hearing Board.
2.7 "Notice" means correspondence delivered to addressee by mail or in person.
2.8 "Policy" means the Student Disciplinary Policies and Procedures.
2.9 "Preponderance of the evidence" means that the proof need only show that the facts are more likely to be so than not so.
2.10 "Record" means all documents, forms, copies, reports, statements, tape recordings, or tangible evidence presented in a disciplinary hearing or conference.
2.11 "Referral Notice" refers to the notice initiating disciplinary action.
2.12 "Respondent" means accused student.
2.13 "Sanction" means penalty for violation of Disciplinary Code.
2.14 "University" means the University of Houston.
2.15 "University officials" means those persons who have been given the authority and the responsibility by the appropriate agency or person, including regents, officers, faculty, and administrative staff.
2.16 "University property" means property owned, controlled, used, or occupied by the University including property physically removed from campus.
2.17 "Will" and "shall" are used in the imperative sense.
Student's Rights and Responsibilities
DISCIPLINARY CODE
The following acts are defined by the university to be unacceptable. Being under the influence of drugs and/or alcohol does not diminish or excuse a violation of the Disciplinary Code. The list may not be all inclusive.
3.1 Violation of Probation-Violation of the code while on probation, or violation of the terms of that probation.
3.2 Disruption/Obstruction-Obstructing or interfering with university functions or any university activity. Disturbing the peace and good order of the University by, among other things, fighting, quarreling, disruptive behavior or excessive noise, including but not limited to, a disruption by the use of pagers, cell phones, and/or communication devices.
3.3 Mental or Bodily Harm
(a) Intentionally inflicting
mental or bodily harm upon any person;
(b)
taking any action for the purpose of inflicting
mental or bodily harm upon any person;
(c) taking
any reckless, but not accidental action from which
mental or bodily harm could result to any person;
(d) causing a person to believe that the offender
may cause mental or bodily harm;
(e) any act which
demeans, degrades, or disgraces any person. "Any
person" as used in this section may include oneself.
3.4 Discrimination-Intentional discrimination against a person on the basis of race, color, religion, national origin, sex, age, disability, veteran status, or sexual orientation except where such distinction is allowed by law.
3.5 Destruction of Property-Intentionally or recklessly damaging, destroying, defacing, or tampering with university property or the property of any person or business on campus.
3.6 Theft-Theft, or attempted theft, of property or services from any person or any business on university property.
3.7 Possession of Stolen Property-Possessing property known to the possessor to be stolen and that may be identified as property of the university or any other person or business.
3.8 Forcible Entry or Trespass-Forcible or unauthorized entry to any building, structure, or facility and/or unauthorized entry to or use of university grounds.
3.9 Unauthorized Use of Property or Service- Unauthorized use of property or services or unauthorized possession of university property or the property of any other person or business.
3.10 Unauthorized Use of University Keys- Unauthorized use, distribution, duplication, or possession of any key(s) issued for any building, laboratory, facility, room, or other university property.
3.11 False Report of Emergency-Causing, making, or circulating a false report or warning of a fire, explosion, crime, or other catastrophe.
3.12 Misuse of Safety Equipment-Unauthorized use or alteration of fire fighting equipment, safety devices, or other emergency equipment.
3.13 Possession of Dangerous Weapons-Unauthorized possession of a firearm, weapon, dangerous chemicals, or any explosive device of any description (including compressed-air guns, pellet guns, BB guns, shotguns, or illegal knives) or the ammunition of any firearm or other dangerous weapon or explosive device on University grounds. (A weapon in your vehicle constitutes possession.)
3.14 Manufacture, Distribution, Sale, Offer for Sale, or Possession of Controlled Substances or Drug Paraphernalia-The manufacture, distribution, sale, offer for sale, or possession of any controlled substances, including but not limited to, barbiturates, hallucinogens, amphetamines, cocaine, opium, heroin, or marijuana. Controlled Substances and Drug Paraphernalia are defined by Texas law.
3.15 Unauthorized Use of Alcoholic Beverages
a.
Possession, distribution, or consumption of .
alcoholic beverages except during events or in .
circumstances authorized by university officials
and/or failure to comply with state or university
regulations regarding the use or sale of alcoholic
beverages.
b. Public Intoxication-Presenting a threat to oneself
or others due to being under the influence of
alcoholic beverages.
3.16 Failure to Comply or Identify-Failure to comply with directions of university officials, police, or any other law enforcement officers acting in the performance of their duties, or failing to identify oneself to these persons when requested to do so.
3.17 Failure to Appear-Failing to appear at the request of any hearing authorities or failure to schedule an appearance with a hearing authority as directed by university police or any other university official.
3.18 Misuse or Abuse of Computers-Unauthorized use or misuse of any computer, computer system, service, program, data, network, cable television network, or communication network.
3.19 Falsification of Records-Altering, tampering, forging, or knowingly using falsified documents or records of the University (including, but not limited to, UH parking permits and student IDs); being party to falsification; giving or providing false statements, written or oral; and/or providing false information during any university proceeding or to any university official.
3.20 Misuse of Identification-Transferring, lending, or borrowing university identification.
3.21 Violation of Established University Policies and Procedures-Violation of university policies and procedures as established in the UH Student Handbook, the Residential Life and Housing Resource Manual, and other policies that relate to student behavior.
3.22 Violation of Criminal Law-Alleged violation of any criminal law where the student’s conduct interferes with the University’s exercise of its educational objectives or responsibilities to its members.
3.23 Aiding and Abetting-Assisting, hiring, or encouraging another person to engage in a Code violation.
DISCIPLINARY PROCEDURES
The purpose of these procedures is to provide for the orderly administration of the Student Disciplinary Policies and Procedures with the principles of due process of law. Reasonable deviations from these procedures will not invalidate a decision or proceeding unless significant prejudice to a student may result.
4. Disciplinary Action
Initiated Any person may bring charges under this code, and that person may be required to supply information pertinent to the case.
5. Notification and Procedural Interview
5.1 A procedural interview will be scheduled with the Assistant Dean within three class days after the respondent is notified in writing of an alleged violation of the policy.
5.2 Failure to appear at the procedural interview shall constitute a separate violation of this code and may result in further disciplinary action.
5.3 Copies of the following documents will be made available to the student at the time of the interview: 1. A copy of the Student Disciplinary Policies and Procedures. 2. A copy of the referral notice. 3. A copy of the Students’ Rights and Responsibilities form from the Student Disciplinary Code Review and Standards Committee.
5.4 Within five class days of the procedural interview the student is required to choose either a hearing before the Hearing Board or a disciplinary conference with the assistant Dean of students. The student shall indicate his choice in writing.
5.5 The Assistant Dean shall notify the student of the time, date, and place of the disciplinary conference or hearing.
6. Disciplinary Conference
Students electing to participate in a disciplinary conference with the Assistant Dean are afforded the following procedural protections:
6.1 Written notice of the alleged violations at least three class days prior to the scheduled conference.
6.2 The right to be accompanied and assisted by an advisor as provided herein.
6.3 The right to have access to the case file prior to and during the conference.
6.4 The Assistant Dean will investigate the complaint, including interviewing witnesses. Before a decision is rendered, the respondent will be given an opportunity to respond to the information obtained by the Assistant Dean.
6.5 The Assistant Dean will advise the student in writing of the decision within 10 class days and, at the same time, will make a copy thereof available to the respondent in the Dean of Students Office.
7. University Hearing Board
7.1 A Hearing Board shall be composed of five students appointed by the Student Government Association, two faculty members appointed by the Faculty Senate, and two staff members appointed by the Staff Council.
7.2 There will be five alternates: three appointed by the Student Government Association, one appointed by the Faculty Senate, and one appointed by the Staff Council.
7.3 A quorum shall consist of five persons, at least three of which shall be students and one shall be faculty or staff.
7.4 The Chair will be selected by the board members from the student members, to serve for an academic year.
7.5 The Dean of students may remove a board member for justifiable cause. A board member may appeal his removal to the Student Disciplinary Code Review and Standards Committee.
7.6 If a board member resigns, cannot serve, or is removed from office, the Dean of students will select one of the alternates to fill the vacancy.
8. Hearing Procedures
The following procedural guidelines shall be applicable in disciplinary hearings:
8.1 Three class days prior to the hearing, the assistant Dean will make available, to the respondents, copies of documents relevant to the case and a list of witnesses and a summary of their expected testimony.
8.2 The respondent is entitled to an advisor, who may be an attorney, but who sits in an advisory capacity and who addresses the board only upon permission from the Chair. Respondents who wish to have an attorney attend the hearing as their advisor shall notify the Assistant Dean of the attorney’s name and phone number three class days prior to the hearing. Advisors may not appear in lieu of respondents.
8.3 In the event that the University chooses to proceed through legal counsel, the respondent will be notified three class days prior to the hearing and shall also have the right to proceed through counsel. Counsel may not appear in lieu of the respondent.
8.4 Hearings will be closed to the public except when the respondent requests an open hearing. This request must be made in writing to the Assistant Dean at least three class days prior to the hearing.
8.5 If a respondent fails to appear, the hearing may proceed without him/her.
8.6 The Assistant Dean or his designate may present the case for the University or the complainant.
8.7 Prospective witnesses, other than the complainant and respondent, may be excluded from the hearing during the testimony of other witnesses. All participants shall be excluded during board deliberations.
8.8 The hearing will be held in two parts:
1. Determination of violation;
2. Determination of sanction.
8.9 The Chair will exercise control over the proceedings. Any person disrupting a hearing or who fails to adhere to the rulings of the Chair may be excluded from the proceedings.
8.10 Any party may challenge a board member on the ground of personal bias. Board members may be disqualified upon a majority vote of the remaining members of the board, conducted by secret ballot.
8.11 The burden of proof shall be on the complainant or University, whichever is applicable, to prove the case by a preponderance of the evidence.
8.12 The Chair shall determine what evidence is admissible. Formal rules of evidence shall not apply.
8.13 Respondent, complainant, and board members may examine the written evidence offered and may question all witnesses.
8.14 Respondent, complainant, and witnesses may speak on their own behalf; however, they will not be forced to testify against themselves and their silence shall not be used to their detriment.
8.15 Individuals referred to in the statements of respondent, complainant, and witnesses have a right to respond briefly. Individuals wanting to exercise this privilege during the hearing must direct their request in writing or orally to the Assistant Dean of Students in attendance who shall notify the hearing Chair. The hearing Chair shall determine the length of the response and when it shall be heard during the hearing.
8.16 At the conclusion of the presentations, the board shall deliberate in closed session. After deliberation and a vote, the decision of the board will be announced to the participants.
8.17 The board may hear evidence concerning the appropriate sanction if the respondent is found to have violated a student life policy. The board may consider the respondent’s prior disciplinary record only in order to recommend an appropriate sanction.
8.18 Decisions by the board shall be by majority vote. In the event of a tie, the Chair will vote to break the tie.
8.19 Hearings will be tape recorded and, upon request, the respondent will be afforded the opportunity to listen to and review the tapes in preparation for an appeal.
8.20 The board’s recommendation will be forwarded to the Assistant Dean for further action. The assistant Dean will advise the respondent of his decision in writing within seven days of the hearing and, at the same time, will make a copy thereof available to the respondent in the Dean of Students Office.
9. Sanctions
Factors to be taken into consideration when issuing sanctions include, but are not limited to: the respondent’s motivation for displaying the behavior; the respondent’s disciplinary history; the extent to which the behavior jeopardizes the safety and security of the University of Houston community; and, the likelihood of the behavior occurring again. One or more of the following sanctions may be imposed:
9.1 Expulsion prohibits the student from ever attending the University and from being present without permission on university property. Expulsion will be noted on the student’s permanent record.
9.2 Suspension prohibits the student from attending the University and from being present without permission on university property for the duration of the sanction, which shall not exceed a period of more than one calendar year following its effective date. The Assistant Dean will determine the effective date.
9.3 Disciplinary Probation indicates to a student that his behavior has resulted in a sanction close to suspension. Any further misconduct while on probation may result in expulsion from the University. It is imposed for a definite period of time.
9.4 Other sanctions may include, but are not limited to, restrictions from participating in intercollegiate athletics, extracurricular activities, and residential life activities; restitution; monetary fines; community service; and/or disciplinary room change for residence students. Students may also be required to meet periodically with a person designated by the Assistant Dean.
9.5 Reprimand is an official written notification to the student that his behavior has been unacceptable.
9.6 Verbal Reprimand is used to advise/counsel a student about his behavior.
ALCOHOL POLICY
As an institution interested in the intellectual, physical, and psychological well-being of the campus community, the University of Houston deems it important to curtail the abusive or illegal use of alcoholic beverages. All members of the University of Houston community and guests are required to comply with federal, state, and local laws regarding the distribution, possession, and consumption of alcoholic beverages. Such laws include the following:
a. An individual under 21 years old commits an offense
if he purchases, consumes, or possesses alcohol.
b. A person commits an offense if he purchases, gives,
or knowingly makes alcohol available to an individual
under 21 years.
c. A person under 21 years commits an offense if he falsely
states that he is 21 years of age or older or presents any
document that indicates that he is 21 years of age or
older to a person selling or serving alcoholic beverages.
d. A person commits an offense if he appears in public
under the influence of alcohol to the degree that the
person may endanger himself or another.
e. A person commits an offense if he is intoxicated
while driving or operating a motor vehicle in public.
f. The sale of any type of alcoholic beverage is prohibited
unless the seller possesses a valid license or permit.
Selling includes, but is not limited to, including the price
of alcoholic beverages in the admission price, and/or giving
away the alcoholic beverage but charging for the food.
g. Civil liability may attach to a social host serving
alcohol to an intoxicated individual who later injures
himself or another.
(For a detailed compilation of relevant laws, contact the Dean of Students Office.)
It is university policy that the possession, consumption, and/or distribution of any alcoholic or intoxicating beverage in an open receptacle or a container which has been opened is prohibited in any public area of the University of Houston campus except at:
1. Events for students (including events planned by
staff or faculty for students and events sponsored by
students or student organizations) authorized by the
Dean of Students Office in accordance with the Alcohol
Distribution Policy in the official UH Student Handbook;
2. Faculty/staff events authorized by the President, Vice
Presidents, Associate or Assistant Vice Presidents,
Deans or Academic Department Chairs; and
3. The University of Houston Hilton Hotel and on-campus
restaurant or food service areas where alcohol is
legally distributed or sold.
The term public area is defined as campus parking lots,
campus grounds or any outside enclosed area or portion
thereof, to which the public is invited or given general unrestricted
access, as well as the inside classrooms, lobbies,
lounges, corridors and restrooms of the campus buildings.
An individual or group which sponsors an event at
which alcoholic beverages are made available is responsible
for adherence to the applicable laws and applicable
university policies.
HAZING
UH Philosophy Regarding Hazing
- The University of Houston believes that true human development can best occur in an atmosphere of social and ethical responsibility.
- The university views responsible pre-initiation activity as a positive educational approach to preparation for student organization membership.
- The university views hazing activities as not contributing to the positive development or welfare of the individual. •
- Therefore, the University of Houston recognizes acts of hazing as irresponsible, intolerable and inconsistent with the principles of higher education and basic human development and may be illegal.
UH Hazing Policy
I. Hazing Defined Hazing is defined as any action taken or situation created which, regardless of intent or consent of the participants:
a. Produces or is reasonably likely to produce, bodily
harm or danger, mental or physical discomfort,
embarrassment, harassment, fright, humiliation or
ridicule, or otherwise compromises the dignity of an
individual;
b. Compels an individual to participate in any activity
which is unlawful and/or contrary to the rules, policies
and regulations of the University;
c. Will, unreasonably or unusually, impair an individual’s
academic efforts, and/or
d. Occurs on or off campus.
All students are strictly prohibited from engaging in
any hazing activity.
II. Examples of actions and activities which are explicitly prohibited include but are not limited to the following:
a Compelling individuals to consume alcohol or drugs.
b. Paddling in any form, shoving or otherwise striking
individuals.
c. Compelling individuals to wear or carry unusual,
uncomfortable, degrading or physically burdensome
articles or apparel.
d. Compelling individuals to engage in sexual behaviors,
sexual or racial harassment or slurs, or exhibitionism.
e. Depriving individuals of the opportunity for sufficient
sleep, decent edible meals or access to means of
bodily cleanliness.
f. Activities which impair an individual’s academic efforts
by causing exhaustion, loss of sleep or reasonable study
time, or by preventing an individual from attending class.
g. The creation of excessive fatigue by participation in
physically demanding activities (calisthenics, runs, etc.).
h. Compelling individuals to eat or drink unusual
substances or compelling the consumption of undue
amounts or odd preparations of food. I. Having substances thrown at, poured on or otherwise
applied to the bodies of individuals.
j. Morally degrading or humiliating games or any other
activities which make an individual the object of
amusement, ridicule or intimidation.
k. Transporting individuals against their will, abandoning
individuals at distant locations, or conducting any
"kidnap," "ditch" or "road trip" that
may in any way endanger or compromise the health, safety or comfort
of any individual.
l. Causing an individual to be indecently exposed or
exposed to the elements.
m. Requiring an individual to remain in a fixed position
for a long period of time.
n. Compelling an individual to be branded or tattooed.
o. "Line-ups" involving intense shouting of obscenities
or insults.
p. Compelling individuals to participate in activities
(pranks, scavenger hunts, etc.) which encourage the
defacement of property; engage in theft; harass other
individuals, groups of individuals or organizations; or
disrupt the normal activities of the University.
q. Tests of courage, bravery, stamina or sexuality.
r. Intentionally deceiving members, prior to initiation,
to make them believe they will not be initiated.
s. Intentionally deceiving new members (pledges, associates,
initiates, etc.) to make them think they will be
struck or hurt. T. Excluding an individual from social contact for prolonged
periods of time.
u. Compelling an individual to engage in acts of personal
servitude.
III. Consent Is No Defense
Any of the activities described above upon which the initiation or admission into, or affiliation with, or continued membership in an organization is directly conditioned, shall be presumed to be "compelled activities," the willingness of an individual to participate not withstanding.
IV. Burden of Acceptability
The burden to ensure that student organization activities are acceptable under this policy rests with the student organization. This is a preliminary test for hazing: If you are not sure whether an activity is hazing, it probably is. Therefore, the activity should be dropped or discussed with the appropriate university official. Questions regarding the acceptability of a proposed student organization activity should be discussed with an activities advisor in the Department of Campus Activities.
It is recommended that organization officers refer to the list of examples of acceptable actions and activities located in the Student Organizations Handbook available in the Department of Campus Activities.
V. Applicability of Community Standards
The terms and concepts (e.g., humiliating, degrading, unusual, uncomfortable, embarrassing, demeaning, etc.) cited in this policy shall be interpreted by university officials in relation to acceptable and applicable community standards.
VI. Enforcement
a. The president or Chair of each registered student
organization is responsible for informing the members
(pledges, associate members, initiated members,
affiliates, etc.) of the organization of the UH policy
regarding hazing. It is suggested that the president
or Chair read and distribute a copy of this policy to
each member of the organization during the first
meeting of each semester.
b. The president or Chair of each registered
student organization
is responsible for informing guests and alumni
members of this policy and is additionally responsible
for controlling the actions of guests and alumni members
relative to this policy.
c. It is the responsibility of any and all individuals who
have firsthand knowledge of the planning or actual
occurrence of a hazing activity to promptly report said
knowledge to the Dean of Students Office.
Summary of the Texas Legislative Act Regarding Hazing
(Effective September 1, 1987)
I. Definition of Hazing
Hazing means 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, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in or maintaining membership in any organization whose members are or included students at an educational institution.
The term includes but is not limited to: any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body or similar activity; any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics or other activity that subjects the student to an unreasonable risk or harm or that adversely affects the mental or physical health or safety of the student; any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug or other substance which subjects the student to an unreasonable risk or harm or which adversely affects the mental or physical health or safety of the student; any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame or humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection; any activity that induces, causes or requires the student to perform a duty or task which involves a violation of the Penal Code.
II. Personal Hazing Offense
A person commits an offense if he or she engages in hazing;
solicits, encourages, directs, aids or attempts to aid
another in engaging in hazing; recklessly permits hazing
to occur; or has firsthand knowledge of the planning of a
specific hazing incident involving a student in an educational
institution, or firsthand knowledge that a specific
hazing incident has occurred, and knowingly fails to report
said knowledge in writing to the Dean of Students Office
or other appropriate official/office of the institution.
Penalties
1. Failure to report hazing-fine up to $2,000; jail up to
180 days; or both.
2. Hazing without serious bodily injury-fine up to
$2,000; jail up to 180 days; or both.
3. Hazing with serious bodily
injury-fine up to $4,000; jail up to one year; or both.
4. Hazing resulting in death—fine up to $10,000; jail not
less than 180 days nor more than two years; or both.
*In cases which do not result in death, community service
may be imposed in lieu of a jail sentence.
III. Organization Hazing Offense
An organization commits a hazing offense if the organization
condones or encourages hazing or if an officer or any
combination of members, pledges or alumni of the organization
commits or assists in the commission of hazing.
Penalties
1. Hazing which does not result in personal injury,
property damage or loss-fine of not less than $5,000
nor more than $10,000.
2. which results in personal injury, property damage
or loss-fine of not less than $5,000 nor more than
double the amount lost or expenses incurred because
of such injury, damage or loss.
IV. Consent Not A Defense
It is not a defense to prosecution of an offense that the person against whom the hazing was directed consented to or acquiesced in the hazing activity.
V. Immunity From Prosecution
The court may grant immunity from prosecution to each person who is subpoenaed and does testify for the prosecution. Any person reporting a specific hazing incident to the Dean of Students Office or other appropriate official/ office and/or participates in any judicial proceeding as a result of the report is immune from liability, civil or criminal. Medical practitioners reporting treatment of students who have been subjected to hazing activities shall be immune from civil or other liability. Persons reporting in bad faith or with malice are not protected.
VI. Offenses In Addition To Other Penal Provisions
The educational institution may enforce its own penalties against hazing.
Interim Sexual Assault Policy
Interim Sexual Assault Complaint Procedure
Sexual assault is a non-consensual sexual act involving force, manipulation, or coercion; it is an act of aggression, violence and power. The perpetrator can be a stranger, relative, acquaintance, or date. The University of Houston is committed to providing a working and learning environment free from sexual assault. A sexual assault is an illegal criminal act which can devastate victims physically, violate their sense of safety and trust, and interfere with personal and educational goals; as such, it can damage the educational atmosphere for the entire university community. Sexual assault is a serious and flagrant violation of the university rules of conduct for faculty, staff and students and will not be tolerated. The University will vigorously investigate all allegations of sexual assault; it will treat victims with respect, make their legal rights and options clear, and fully cooperate with them in their exercising those rights. The University will continue to sponsor programs to educate faculty, staff, and students about sexual assault: myths, prevention, treatment services, legal remedies, date rape, and other forms of sexual misconduct. Procedures protecting the rights of sexual assault victims and those accused of sexual assault have been established, are readily available, and will be enforced rigorously.
Definition
A stranger or acquaintance commits sexual assault through forcible sodomy, forcible sexual penetration, however slight, of another person’s mouth, anal or genital opening with any object. These acts must be committed without the victim’s consent either by force, threat of force or violence, intimidation or through the use of the victim’s mental or physical helplessness of which the accused was aware or should have been aware. Sexual assault also includes the touching of an unwilling person’s intimate parts (defined as genitalia, groin, breast or breasts, or buttocks or clothing covering them) or forcing an unwilling person to touch another’s intimate parts. These acts must be committed either by force, threat, intimidation or through the use of the victim’s mental or physical helplessness of which the accused was aware or should have been aware.
Rape is a form of sexual assault involving sexual intercourse without the victim’s consent. It includes being coerced through force or threats of force, or having sexual intercourse with someone who is unconscious or incapable of giving consent.
Comments and Statutory References
Sexual assault is non-consensual acts involving psychological manipulation, physical force, or coercion. It is an act of aggression and violence, and a crime punishable under the laws of the State of Texas by fines and incarceration up to 20 years of confinement. The UH definition of sexual assault captures the essence of the Texas criminal definition, found in Section 22.011 of the Texas Penal Code.
The perpetrator can be a stranger, relative, acquaintance, or a date. Sexual assault is not limited to nonconsensual sexual intercourse, but involves touching of various body parts without consent. Under the definition sexual assault has occurred if there is not consent. Accompanying another to a dorm or bedroom is not affirmative consent, nor is voluntary hugging or kissing affirmative consent to sexual intercourse. Voluntary undressing could indicate consent, but even such consent does not deprive the person of the right to change his or her mind and halt the activity; failure to acquiesce to the expressed desire to stop would constitute a sexual assault.
Sexual misconduct without physical contacts as defined above is not deemed sexual assault but may violate university regulations and state criminal laws. Similarly, sexual misconduct which is lewd, exhibitionistic, voyeuristic, or similar such conduct which does not involve physical contact may violate university student life policies or state and university prohibitions against sexual harassment.
