Fill - Free fillable Section VI.F.: Student Discipline Procedures for Non-Academic Misconduct (Lone Star College System) PDF form

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Section VI.F.: Student Discipline Procedures for Non-Academic Misconduct

These procedures supplement and clarify Section VI.F of the Lone Star College System

District Policy Manual (“Policy Manual”) last revised by the Board of Trustees on March 3,

2016—setting out the College’s policies regarding student discipline for non-academic

misconduct.

These procedures are meant to be read in conjunction with Section VI.F. of the Policy Manual,

and the Policy Manual controls when a conflict arises between it and the procedures below.

All terms defined in Section VI.F.1.02. of the Policy Manual shall also be defined terms for

purposes of these procedures. The Board of Trustees has specifically delegated the creation

and adoption of these procedures to the Office of the General Counsel, subject to the

Chancellor’s approval. Chancellor’s procedures were originally posted on November 16,

2016 following a notice and comment period. These procedures when then revised on

September 18, 2018, following another notice and comment period. The notice and comment

period for this procedure update was open to the public online from October 30, 2018 to

November 13, 2018. Forms VI.F.1. through VI.F.7. referenced herein are included in the

appendix to these procedures.

1. Scope of Procedures. The procedures below are intended to apply to all discipline of

College students for non-academic misconduct covered in Section VI.F. of the Policy Manual.

These procedures are not intended to apply to sexual harassment, sexual assault, sexual

violence, or sexual discrimination committed by students—these types of misconduct are

handled under separate policies and procedures. Nor are these procedures intended to apply

to academic misconduct, which is handled under separate policies and procedures. Non-

academic misconduct usually only relates to students’ conduct on College premises, but non-

academic misconduct can also include conduct outside of College premises if it creates or

foreseeably could create harmful effects on College premises.

2. Designation of Chief Conduct Officer. Every LSC college president must designate

one of his or her vice-presidents to serve as Chief Conduct Officer for that college and for the

centers under that college’s administrative supervision. Each LSC college president shall

inform the Vice Chancellor of Student Success and General Counsel whenever the identity of

the Chief Conduct Officer changes. The Office of the General Counsel shall keep the current

list of Chief Conduct Officers at www.lonestar.edu/ChiefConductOfficers. Each Chief Conduct

Officer has primary responsibility for student discipline for non-academic misconduct

occurring on, or having harmful effects on, the premises of the Chief Conduct Officer’s college

and LSC centers under that college’s administrative supervision. This includes responsibility

for non-academic misconduct by LSC-Online students whose home campus is the Chief

Conduct Officer’s college.

3. Designation and Rotation of Discipline Committees. Each college president shall

designate five faculty members, five staff members, and five students to serve in the college’s

Discipline Committee pool to review suspensions and expulsions imposed by other colleges.

Each Discipline Committee from that college shall consist of three of the designated faculty

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and/or staff members (including at least one staff member and one faculty member) and two

of the designated students from the college’s Discipline Committee pool. When a college

president receives notice that its Discipline Committee is needed for a hearing, the college

president or designee shall email three of the faculty and/or staff and two of the students

from the Discipline Committee pool and require them to serve as the Discipline Committee

for the hearing. If any of the contacted individuals legitimately cannot participate because of

a conflict of interest or an important scheduling conflict, the college president or designee

shall contact as many of the other designated individuals as necessary to create a full

Discipline Committee. Designated individuals may not be compelled to serve on any

particular Discipline Committee, but the college president may designate additional faculty

and/or staff members and students as potential Discipline Committee members if needed.

The college president shall select one of the Discipline Committee’s faculty or staff members

to serve as the Discipline Committee’s Chair for the scheduled hearing.

A Discipline Committee may not review suspensions and expulsions imposed by its

college’s Chief Conduct Officer. When a Discipline Committee hearing is required under these

procedures, the Chief Conduct Officer shall contact the Office of the General Counsel to ask

which college’s Discipline Committee is next in the rotation. The colleges shall rotate

responsibility to provide a Discipline Committee in this order:

1. Lone Star College–North Harris

2. Lone Star College–Kingwood

3. Lone Star College–Tomball

4. Lone Star College–Montgomery

5. Lone Star College–CyFair

6. Lone Star College–University Park

4. Reports of Non-Academic Misconduct. When non-academic misconduct is serious,

or when minor non-academic misconduct cannot be resolved informally, anyone with

knowledge of a College student’s non-academic misconduct may report it to the appropriate

Chief Conduct Officer. Reports must be submitted in writing. Reporters may use Form VI.F.1.

or any other written format that substantially conveys the same information as a completed

Form VI.F.1. If a Form VI.F.1. is submitted to a College employee who is not the appropriate

Chief Conduct Officer, that employee shall promptly forward the report to the appropriate

Chief Conduct Officer.

5. Effective Delivery. Unless otherwise specified, any document under these

procedures may be delivered in person or by emailing the document to the recipient’s

designated College email address. All members of the College community must keep current

and regularly monitor their designated College email addresses.

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For purposes of these procedures, working days end at 5:00 p.m. central time.

Working days are all days other than Saturdays, Sundays, and any days the College is closed

according to its official calendar or at the direction of the Chancellor or his designee. In

calculating deadlines under these procedures, the working day on which an event occurs is

“day zero,” and the following working day is “day one.” If an event occurs on a day which is

not a working day, then the next working day is “day zero.” Any deadlines under these

procedures may be extended with the recipient’s written consent.

6. Investigation. After receiving a report of non-academic misconduct, a Chief Conduct

Officer shall investigate whether any students have committed non-academic misconduct.

The Chief Conduct Officer may delegate investigative duties to other administrative officials,

but investigative duties may not be sub-delegated. Investigative duties may include, but are

not limited to, some or all of the following:

• Reviewing the report of non-academic misconduct;

• Interviewing any person with first-hand knowledge of facts related to the reported

non-academic misconduct;

• Reviewing any available evidence of the reported non-academic misconduct,

including correspondence, documentation, police reports, photographs, physical

evidence, and any other available evidence; and

• Gathering any facts relevant to the reported non-academic misconduct.

The time and energy dedicated to investigations of non-academic misconduct should

be appropriate to the seriousness of the alleged misconduct and the degree of difficulty in

determining the facts of the reported incident(s). Investigations have no minimum length;

for example, misconduct witnessed personally by the Chief Conduct Officer may require

virtually no additional investigation. Each investigation must conclude within ten working

days of when the Chief Conduct Officer receives the report of non-academic misconduct.

7. Initial Decision. Within ten working days of the date on which the Chief Conduct

Officer receives a report of non-academic misconduct, the Chief Conduct Officer shall decide

whether the reported non-academic misconduct and any other non-academic misconduct

uncovered during the investigation more likely than not occurred. The Chief Conduct Officer

shall use Form VI.F.2. to memorialize his or her decision.

If the Chief Conduct Officer decides that the reported non-academic misconduct

probably did not occur, then the decision shall be included with the report and investigation

file, and the matter shall be included in the Chief Conduct Officer’s files and not be included

in any student’s College file. If the Chief Conduct Officer decides that the reported non-

academic misconduct (and any other non-academic misconduct uncovered by the

investigation) probably did occur, then the decision must also impose an appropriate

sanction. The Chief Conduct Officer shall send a copy of the decision to the student(s) decided

to have engaged in non-academic misconduct (each such student to be referred to herein as

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“Respondent”) within ten working days of the date on which the Chief Conduct Officer

received the report of non-academic misconduct. A copy of the decision will be placed in the

Respondent’s College file.

If the decision imposes suspension or expulsion, the decision shall be accompanied

by Section VI.F. of the Policy Manual, these procedures and forms, and the following

statement:

“If you have been suspended or expelled, then you have the right to request a

hearing before a Discipline Committee by replying to this email with your

request within five working days. If you do not request a hearing, this decision

will become final at 5:00 p.m. central time on [date of 5th working day after the

decision is sent].”

A decision imposing suspension or expulsion must be sent to the appropriate college

president at the same time it is sent to the Respondent. A suspension or expulsion usually

may not take effect until a decision is final. Withdrawal of consent to be on College property

may only last for up to 14 calendar days. A decision imposing withdrawal of consent triggers

procedures under the Texas Education Code Chapter 51. If withdrawal of consent to be on

College property is imposed then the Chief Conduct Officer shall notify the Office of the

General Counsel immediately.

8. Discipline Committee Hearing. If a Respondent entitled to a hearing before the

Discipline Committee timely requests a hearing, the Chief Conduct Officer shall schedule a

Discipline Committee hearing to take place within the next 14 working days and shall send

at least 7 working days’ notice—and more if possible—to the Respondent, to the college

president over the college to provide the Discipline Committee for the hearing, to the Chief

Conduct Officer’s college president, and to the Office of the General Counsel. Form VI.F.3.

should generally be used for these notices, but another written communication containing

equivalent information may be used instead of Form VI.F.3. A joint hearing may be scheduled

for Respondents initially found to have participated in the same incident(s) of non-academic

misconduct, and references in this Section VI.F.8. to one Respondent shall also refer to

multiple Respondents if applicable.

Discipline Committee hearings shall take place at the Discipline Committee’s college

in a room chosen by the Discipline Committee Chair. If possible, a Discipline Committee

hearing lasts no more than one day, but a hearing may continue onto a subsequent day if the

Discipline Committee believes it necessary. All participants in the hearing should strive to

arrive at the hearing at least 15 minutes early. All hearing participants should attend in

person, but the Discipline Committee Chair may allow any hearing participant(s) to

participate by telephone or similar contemporaneous communication technology. The

College does not reimburse travel expenses related to participation in a Discipline

Committee hearing.

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The Respondent may personally appear at the hearing, but if a Respondent elects not

to appear, he or she must appear through a representative who may be an attorney. The

College will appear through the Chief Conduct Officer who reached the decision at issue in

the hearing, and an attorney from the Office of the General Counsel may also appear on behalf

of the College. Failure to appear, either personally or through a representative, will not

prevent the Discipline Committee Chair from convening and conducting the hearing. At least

four members of the Discipline Committee must be present at all times during the hearing. A

member of the Lone Star College Police Department shall also be present during the hearing.

The Discipline Committee Chair shall preside over, conduct, and adjourn the hearing.

After convening the hearing and asking whether the College and the Respondent are present,

the Chair shall read aloud the following paragraph, which governs the hearing’s procedure:

“We are here to determine whether [Respondent] engaged in non-academic

misconduct and should be [suspended/expelled] from the College. The College has

initially determined that [Respondent] engaged in the following non-academic

misconduct: [Read Decision and Investigation Narrative from Form VI.F.2.]. During

the hearing, a party may speak personally or have a representative speak for the

party. A party’s representative may be—but need not be—an attorney. At each stage

of this hearing, the College will go first. Each party will have an opportunity to give an

opening statement, then each party will have an opportunity to present its case, then

each party will have an opportunity to give a closing statement. Any party may

present witnesses or evidence while presenting its case. The Texas and Federal Rules

of Evidence will not apply to the hearing. [Respondent] may not be questioned during

the hearing unless [Respondent] testifies as a witness during the presentation of

[Respondent’s] case. [Respondent] is not obligated to present a case. Any party may

question another party’s witnesses unless a legally recognized exception to this right

exists. Any member of this Discipline Committee may question any witness. All

evidence, questions, and statements should be relevant to the conduct at issue in this

hearing. The Chair determines whether something is relevant. The Chair will manage

time to ensure that each party has sufficient time to present its case. After closing

statements, this hearing will end and the Discipline Committee will deliberate and

reach a decision based on the evidence presented. The Discipline Committee will issue

a decision within five working days after this hearing ends and inform [Respondent]

of that decision within seven working days after this hearing ends.”

After the hearing, the Discipline Committee shall dismiss the parties and consider the

evidence and statements presented. The Discipline Committee shall evaluate whether non-

academic misconduct occurred on a more-likely-than-not standard; that is, if at least three

members of the Discipline Committee believe that the evidence shows that the Respondent

probably engaged in non-academic misconduct, then it shall find that the Respondent did

engage in such non-academic misconduct, and vice-versa. If it finds that the Respondent

engaged in non-academic misconduct, the Discipline Committee shall recommend sanctions.

The Discipline Committee’s sanction recommendations do not bind College officials, but if

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the Discipline Committee finds that a Respondent did not engage in non-academic

misconduct, College officials may not suspend or expel that Respondent for the reported non-

academic misconduct unless the Discipline Committee’s decision is reversed on appeal. The

Chief Conduct officer may adhere to the sanction initially imposed or may adopt the

sanctions recommended by the Discipline Committee.

The Discipline Committee shall memorialize its decision using Form VI.F.4. Within

five working days after the hearing ends, the Vice President of Student Services or

Enrollment Management of the college where the hearing occurred shall simultaneously

email the Discipline Committee’s decision, including Form VI.F.4., to the relevant Chief

Conduct Officer, to the Chief Conduct Officer’s college president, and to the Office of the

General Counsel. Within seven working days after the hearing ends, the Discipline

Committee’s Chair shall email the Discipline Committee’s decision, including Form VI.F.4., to

the Respondent. A copy of the Discipline Committee’s decision shall be included in the

Respondent’s College file. Within five working days of the Respondent receiving the

Discipline Committee’s decision, the College or a Respondent may appeal the decision; if not

timely appealed, the decision is final.

9. Appeal. The College, through the relevant Chief Conduct Officer, or a Respondent,

personally or through a representative, may appeal the Discipline Committee’s decision by

submitting Form VI.F.5. and a copy of the Discipline Committee’s decision (Form VI.F.4.) to

the Office of the Vice Chancellor of Student Success within five working days of when the

parties received the Discipline Committee’s decision. Form VI.F.5. must state why the

appealing party believes the Discipline Committee’s decision should be modified or reversed.

The Vice Chancellor of Student Success shall review Form VI.F.5. and the Discipline

Committee’s decision and may decide to discuss the matter with the Chief Conduct Officer

and the Respondent. If the Vice Chancellor of Student Success chooses to discuss the matter

with these individuals, he or she should do so with both of them present, either in person or

by conference call. Within five working days of receiving the appeal, the Vice Chancellor of

Student Success shall issue a decision using Form VI.F.6., which may affirm, reverse, or

modify the Discipline Committee’s decision. This decision must be sent simultaneously to the

Respondent, to the relevant Chief Conduct Officer, to the Chief Conduct Officer’s college

president, and to the Office of the General Counsel. In reaching a decision, the Vice Chancellor

of Student Success has complete discretion over an appealed matter’s outcome, and the Vice

Chancellor of Student Success’s decision is final. A copy of the Vice Chancellor of Student

Success’s decision shall be included in the Respondent’s College file.

10. Periods of Disruption. A suspension or expulsion usually may not take effect until a

decision is final. A decision is not final until the opportunity for the Respondent to appeal has

passed without an appeal or after all appeals have been exhausted. However, during periods

of disruption, the procedures in Chapter 51, Subchapter E-1 of the Texas Education Code

apply. A college president is the chief administrative officer under Subchapter E-1.

Subchapter E-1 is reproduced in the appendix to these procedures.

APPENDIX & FORMS

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No

Yes

No

Did Respondent’s

conduct cause a

period of

disruption?

2

Continue with

Sample Flow

Chart: Periods

of Disruption

Procedures.

Yes

Yes or No

Sample Flow Chart: Student Discipline for Non-Academic Misconduct Procedures

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1

In this chart, “days” refers to the number

of “working days” as these procedures define that term.

2

Tex. Educ. Code § 51.231 defines “period of disruption.”

Non-academic

misconduct reported

(Form VI.F.1.).

Chief Conduct Officer

investigates reported

misconduct for up to

10 days.

1

Chief Conduct Officer

issues decision

(Form VI.F.2.).

Non-

academic

misconduct?

Matter

closed.

Decision sent to Respondent within 10 days

of initial report of non-academic misconduct.

Suspension

or Expulsion

Imposed?

Chief Conduct

Officer’s decision

is final.

College president copied on decision;

Respondent given policies and procedures

and informed of right to hearing.

Has Respondent

requested a

hearing within 5

days?

Chief Conduct Officer schedules the Discipline Committee

hearing to take place within 14 days of the request for a

hearing and sends notices of Discipline Committee hearing

(Form VI.F.3.) at least 7 days before hearing date.

Chief Conduct Officer contacts the

college president of the next

Discipline Committee on rotation.

Discipline Committee holds hearing, decides, and informs Chief Conduct Officer,

the Chief Conduct Officer’s college president, and the Office of the General

Counsel of the decision within 5 days of the hearing date. Discipline Committee

informs Respondent of decision within 7 days of the hearing date (Form VI.F.4).

Non-

Academic

Misconduct?

Sanction

determined by

CCO. Respondent

appeals decision

within 5 days?

(Form VI.F.5)

Chief Conduct

Officer appeals

Discipline

Committee’s

Decision within 5

days? (Form VI.F.5.)

Vice Chancellor of Student Success

reviews the matter and issues a final

decision within 5 days of the appeal

(Form VI.F.6.).

Chief Conduct

Officer’s

sanction final.

College and

Respondent

may agree on

discipline at

any time

(Form VI.F.7.).

No

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Sample Flow Chart: Periods of Disruption Procedures

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1

The process in this chart runs concurrently with the process shown in Sample Flow Chart: Student Discipline for Non-Academic Misconduct Procedures

except to the extent that the Texas Education Code requires additional procedures.

2

In this chart, “days” refers to “calendar days.”

LSCPD or delegated college official notifies

Respondent in writing that the College has

withdrawn its consent for Respondent to

remain on campus for a maximum of 14 days.

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LSCPD or delegated college official submits the

notice to the college president within 24 hours

of notifying Respondent.

The withdrawal is void. The

College reinstates consent for

Respondent’s consent to

remain on campus.

The withdrawal stands,

pending a hearing or the

expiration of the

withdrawal of consent.

College president

approves the

withdrawal of

consent?

Yes

No

Respondent requests a

hearing during the 14-

day period by

contacting the president

or a designee?

The withdrawal stands for a maximum

of 14 days from the date of the initial

withdrawal of consent or conclusion of

the administrative process.

No

Yes

The Chief Conduct Officer

schedules a hearing to take

place within 3 days of the

request.

The hearing occurs before the Chief

Conduct Officer or a designee, following

the requirements in Tex. Educ. Code

§ 51.243.

Does the decision of

the Chief Conduct

Officer or the designee

conclude that consent

was appropriately

withdrawn?

No

The Chief Conduct Officer or a designee

issues a decision regarding the consent

withdrawal within a reasonable time

Did

Respondent

appeal to the

president?

The president reviews

Respondent’s appeal

and issues a decision

within a reasonable

time period.

No

Does the

president agree

that consent was

appropriately

withdrawn?

Yes

No

Yes

The withdrawal stands,

pending an appeal to

the president or

conclusion of the

administrative process.

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Texas Education Code, Chapter 51

Subchapter E-1. Maintaining Campus Order During Periods of Disruption

Sec. 51.231. Definition of Periods of Disruption.

For purposes of this subchapter a period of disruption is any period in which it reasonably

appears that there is a threat of destruction to institutional property, injury to human life

on the campus or facility, or a threat of willful disruption of the orderly operation of the

campus or facility.

Sec. 51.232. Identification of Persons on Campus.

(a) During periods of disruption, as determined by the chief administrative officer of a

state-supported institution of higher education, the chief administrative officer, or an

officer or employee of the institution designated by him to maintain order on the campus

or facility of the institution, may require that any person on the campus or facility present

evidence of his identification, or if the person is a student or employee of the institution,

his student or employee official institutional identification card, or other evidence of his

relationship with the institution.

(b) If any person refuses or fails upon request to present evidence of his identification, or

if the person is a student or employee of the institution, his student or employee official

identification card, or other evidence of his relationship with the institution, and if it

reasonably appears that the person has no legitimate reason to be on the campus or facility,

the person may be ejected from the campus or facility.

Sec. 51.233. Withdrawal of Consent to Remain on Campus.

(a) During periods of disruption, the chief administrative officer of a campus or other

facility of a state-supported institution of higher education, or an officer or employee of the

institution designated by him to maintain order on the campus or facility, may notify a

person that consent to remain on the campus or facility under the control of the chief

administrative officer has been withdrawn whenever there is reasonable cause to believe

that the person has willfully disrupted the orderly operation of the campus or facility and

that his presence on the campus or facility will constitute a substantial and material threat

to the orderly operation of the campus or facility.

(b) In no case shall consent be withdrawn for longer than 14 days from the date on which

consent was initially withdrawn.

(c) Notification shall be in accordance with procedures set out in Section 51.234 of this

code.

Sec. 51.234. Notice of Withdrawal of Consent.

When the chief administrative officer of a campus or other facility of a state-supported

institution of higher education, or an officer or employee of the institution designated by

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him to maintain order on the campus or facility, decides to withdraw consent for any

person to remain on the campus or facility, he shall notify that person in writing that

consent to remain is withdrawn. The written notice must contain all of the following:

(1) that consent to remain on the campus has been withdrawn and the number of days for

which consent has been withdrawn, not to exceed 14;

(2) the name and job title of the person withdrawing consent, along with an address where

the person withdrawing consent can be contacted during regular working hours;

(3) a brief statement of the activity or activities resulting in the withdrawal of consent;

and

(4) notification that the person from whom consent has been withdrawn is entitled to a

hearing on the withdrawal not later than three days from the date of receipt by the chief

administrative officer of a request for a hearing.

Sec. 51.235. Report to Chief Administrative Officer.

Whenever consent is withdrawn by any authorized officer or employee other than the chief

administrative officer, the officer or employee shall submit a written report to the chief

administrative officer within 24 hours, unless the authorized officer or employee has

reinstated consent for the person to remain on the campus. The report must contain all of

the following:

(1) the description of the person from whom consent was withdrawn, including, if

available, the person's name, address, and phone number; and

(2) a statement of the facts giving rise to the withdrawal of consent.

Sec. 51.236. Confirmation of Withdrawal of Consent.

(a) If the chief administrative officer or, in his absence, a person designated by him for this

purpose, upon reviewing the written report described in Section 51.235, finds that there

was reasonable cause to believe that the person has willfully disrupted the orderly

operation of the campus or facility, and that his presence on the campus or facility will

constitute a substantial and material threat to the orderly operation of the campus or

facility, he may enter written confirmation upon the report of the action taken by the officer

or employee.

(b) If the chief administrative officer, or in his absence, the person designated by him, does

not confirm the action of the officer or employee within 24 hours after the time that consent

was withdrawn, the action of the officer or employee shall be deemed void and of no force

or effect, except that any arrest made during the period shall not for this reason be deemed

not to have been made for probable cause.

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Sec. 51.237. Request for Hearing.

(a) A person from whom consent has been withdrawn may submit a written request for a

hearing on the withdrawal to the chief administrative officer within the 14-day period. The

written request must state the address to which notice of hearing is to be sent. The chief

administrative officer shall grant a hearing not later than three days from the date of

receipt of the request and shall immediately mail a written notice of the time, place, and

date of the hearing to the person.

(b) The hearing shall be held before a duly designated discipline committee or authorized

hearing officer of the institution in accordance with Section 51.243. In no instance shall the

person issuing the withdrawal notice or causing it to be issued serve on any committee

where the validity of his order of withdrawal is in question.

Sec. 51.238. Reinstatement of Consent to Remain on Campus.

The chief administrative officer shall reinstate consent whenever he has reason to believe

that the presence of the person from whom consent was withdrawn will not constitute a

substantial and material threat to the orderly operation of the campus or facility.

Sec. 51.239. Entering or Remaining on Campus after Withdrawal of Consent.

(a) Any person who has been notified by the chief administrative officer of a campus or

facility of a state-supported institution of higher education, or by an officer or employee

designated by the chief administrative officer to maintain order on the campus or facility,

that consent to remain on the campus or facility has been withdrawn pursuant to Section

51.233, who has not had consent reinstated, and who willfully and knowingly enters or

remains upon the campus or facility during the period for which consent has been

withdrawn, is guilty of a misdemeanor, and is subject to punishment as set out in Section

51.244.

(b) This section does not apply to any person who enters or remains on the campus or

facility for the sole purpose of applying to the chief administrative officer or authorized

officer or employee for the reinstatement of consent or for the sole purpose of attending a

hearing on the withdrawal.

Sec. 51.240. Authority to Suspend, Dismiss, or Expel Students or Employees Not Affected.

This subchapter does not affect the power of the duly constituted authorities of a state-

supported institution of higher education to suspend, dismiss, or expel any student or

employee at the university or college.

Sec. 51.241. Students and Employees Barred from Campus after Suspension or Dismissal.

(a) Every student or employee who has been suspended or dismissed from a state-

supported institution of higher education after a hearing, in accordance with procedures

established by the institution, for disrupting the orderly operation of the campus or facility

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of the institution, as a condition of the suspension or dismissal, may be denied access to the

campus or facility, or both, of the institution for the period of suspension, and in the case

of dismissal, for a period not to exceed one year.

(b) A person who has been notified by personal service of the suspension or dismissal and

condition and who willfully and knowingly enters upon the campus or facility of the

institution to which he has been denied access, without the express written permission of

the chief administrative officer of the campus or facility, is guilty of a misdemeanor and is

subject to punishment as set out in Section 51.244.

(c) Knowledge shall be presumed if personal service has been given as prescribed in

Subsection (b) of this section.

Sec. 51.242. Refusing or Failing to Leave Building Closed to Public.

No person may refuse or fail to leave a building under the control and management of a

public agency, including a state-supported institution of higher education, during those

hours of the day or night when the building is regularly closed to the public, upon being

requested to do so by a guard, watchman, or other employee of a public agency, including

a state-supported institution of higher education, controlling and managing the building or

property, if the surrounding circumstances are such as to indicate to a reasonable person

that the individual or individuals have no apparent lawful business to pursue.

Sec. 51.243. Required Hearing Procedures.

A person from whom consent to remain on the campus of a state-supported institution of

higher education has been withdrawn in accordance with Section 51.233 is entitled, in

addition to the procedures set out in Section 51.234, to the following:

(1) to be represented by counsel;

(2) to the right to call and examine witnesses and to cross-examine adverse witnesses;

(3) to have all matters upon which the decision may be based introduced into evidence at

the hearing in his presence;

(4) to have the decision based solely on the evidence presented at the hearing;

(5) to prohibit the introduction of statements made against him unless he has been advised

of their content and the names of the persons who made them, and has been given the

opportunity to rebut unfavorable inferences that might otherwise be drawn; and

(6) to have all findings made at the hearing be final, subject only to his right to appeal to

the president and the governing board of the institution.

Sec. 51.244. Penalties.

A person who violates Section 51.239, 51.241, or 51.242 of this code is guilty of a

misdemeanor and upon conviction is subject to a fine of not more than $500 or

imprisonment in the county jail for not more than six months, or both.

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Form VI.F.1.: Report

of Non-Academic Misconduct

Any individual may use this form to report non-academic student misconduct. This form

should be submitted to the appropriate Chief Conduct Officer (list maintained at

www.lonestar.edu/ChiefConductOfficers).

Lone Star College strives to maintain a safe, orderly College community. Please describe the

facts, circumstances, and existing evidence of the misconduct, including names, dates, times,

and places, in as much detail as possible. List the name of any person (and contact

information, if available) who may have additional facts regarding the misconduct. Attach

additional sheets as necessary.

_________________________________________________________________________________________________________

I understand that any statement I make on this Form VI.F.1 which is false, misleading, or not

made in good faith may be grounds for discipline.

____________________________________ ______________________________________ __________________

Printed Name Signature Date

For Office Use Only Date Received: ___________________________________________

Receiving Employee: _____________________________________ ____________________________________

Printed Name Signature

A-8

Form VI.F.2.: Chief Conduct Officer’s Decision

on Reported Non-Academic Misconduct

Chief Conduct Officers should use this form to memorialize their decisions regarding

reported non-academic misconduct. If the Chief Conduct Officer decides that a student has

engaged in non-academic misconduct, this form must be sent to the student (“Respondent”)

within ten working days of when the Chief Conduct Officer received the report of non-

academic misconduct.

Decision

I find that the Respondent ______ did or ______ did not engage in non-academic misconduct.

This decision represents my best judgment following a sufficient investigation into the

reported non-academic misconduct.

____________________________________ ______________________________________ __________________

Printed Name Signature Date

Investigation Narrative

Summarize the investigation into the reported non-academic misconduct. Attach additional

sheets as necessary. Attach copies of related Forms VI.F.1. and other related written reports.

_________________________________________________________________________________________________________

Respondent Information (if applicable)

Name: _____________________________________________________ LSC ID No.: ____________________________

Email: _____________________________________________________ LSC college: ____________________________

Non-academic misconduct: _________________________________________________________________________

_________________________________________________________________________________________________________

Sanction(s) Imposed: ________________________________________________________________________________

_________________________________________________________________________________________________________

If you have been suspended or expelled, then you have the right to request a hearing

before a Discipline Committee by replying to this email with your request within five

working days. If you do not request a hearing, this decision will become final at 5:00

p.m. central time on .

A-9

Form VI.F.3.: Notice

of Discipline Committee Hearing

When a student (“Respondent”) entitled to a hearing before the Discipline Committee

requests such a hearing, the Chief Conduct Officer shall send this completed form or a written

communication containing equivalent information should be sent to the following: (1) the

Respondent; (2) the college president for the college to provide the Discipline Committee for

the hearing (contact the Office of the General Counsel for the appropriate college); (3) the

Chief Conduct Officer’s college president; and (4) the Office of the General Counsel. If the

hearing will be a joint hearing, list all Respondents. Include with this form the Forms VI.F.2.

and VI.F.1. related to the hearing.

Respondent Name(s): _______________________________________________________________________________

LSC college to provide Discipline Committee: _____________________________________________________

Chief Conduct Officer whose decision will be reviewed: __________________________________________

Hearing Date: ___________________________ Hearing Time: ______________________ Central Time

Hearing Location: ____________________________________________________________________________________

_________________________________________________________________________________________________________

All hearing participants should arrive at least 15 minutes early on the date of the hearing.

The hearing will be conducted according to the policies found in the Lone Star College Board

Policy Manual Section VI.F. and Procedures adopted thereunder. A copy of these policies and

procedures are attached hereto.

RecommendedSanction(ifapplicable)

We recommend that Respondent receive the following sanction for non-academic

misconduct:

_______ Expulsion; ______ Suspension for up to ______ weeks from _________________ college(s) or

_______ all colleges, including centers, workforce, and online courses; or

______ Other sanction: ________________________________________________________________________________

_________________________________________________________________________________________________________

This decision represents our best judgment regarding the subject matter of the hearing.

____________________________________ ______________________________________ __________________

FormVI.F.4.:Decision

ofDisciplineCommittee

Discipline Committees should use this form to record their decisions according to Section

VI.F. of the Policy Manual and the procedures adopted thereunder. This decision must be

signed by at least three members of the Discipline Committee who attended the hearing for

this matter.

1

The Chief Conduct Officer’s decision (Form VI.F.2.) that preceded the hearing

should be attached to this form.

Decision

Based on the evidence presented at the hearing, we find that ___________________________________

(Respondent) ______ did or ______ didnot engage in the following non-academic misconduct:

_________________________________________________________________________________________________________

Printed Name Signature Date

____________________________________ ______________________________________ __________________

Printed Name Signature Date

____________________________________ ______________________________________ __________________

Printed Name Signature Date

____________________________________ ______________________________________ __________________

Printed Name Signature Date

____________________________________ ______________________________________ __________________

Printed Name Signature Date

1

Student committee members are not required to sign this Form. They may document their agreement or

disagreement with the committee’s decision verbally to the other committee members.

A

-10

A-11

Form VI.F.5.: Appeal

of Discipline Committee Decision

Either the College (through a Chief Conduct Officer) or the Respondent (personally or

through a representative) may appeal a Discipline Committee’s decision by submitting this

completed form to the Office of the Vice Chancellor of Student Success within five working

days after receiving the Discipline Committee’s decision. Late appeals will not be considered.

Attach the Discipline Committee decision (Form VI.F.4., with all accompanying

documentation) being appealed and use the space below to explain why this decision should

be modified or reversed. Attach additional sheets as necessary. Also, state what final

outcome you would like for this matter.

_________________________________________________________________________________________________________

Requested Final Outcome

_________________________________________________________________________________________________________

I understand that by appealing this matter, the Vice Chancellor of Student Success will have

complete discretion over this matter and may reach whatever decision and impose whatever

sanction, if any, that the Vice Chancellor of Student Success considers appropriate. I also

understand that the Vice Chancellor of Student Success’s decision is final.

____________________________________ ______________________________________ __________________

Printed Name Signature Date

For Office Use Only Date Received: ___________________________________________

Receiving Employee: _____________________________________ ____________________________________

Printed Name Signature

A-12

Form VI.F.6.: Final Decision After Review

of Appealed Discipline Committee Decision

The Vice Chancellor of Student Success shall use this form to memorialize his or her final

decision regarding an appealed Discipline Committee decision.

Within five working days of receiving an appeal, this completed form must be sent to the

following: (1) the Respondent; (2) the Chief Conduct Officer; (3) the Chief Conduct Officer’s

college president; and (4) the Office of the General Counsel. A copy of all relevant forms

related to this appeal should be attached to this decision.

Final Decision

After reviewing this matter, the Discipline Committee’s decision is:

______ Affirmed; ______ Reversed; or

______ Modified as follows: ___________________________________________________________________

__________________________________________________________________________________________

__________________________________________________________________________________________.

This decision represents my best judgment in this matter.

____________________________________ ______________________________________ __________________

Printed Name Signature Date

A-13

Form VI.F.7.: Discipline Agreement

At any time, the College may choose to enter into an agreement to impose certain sanctions

in exchange for a student admitting that he or she engaged in non-academic misconduct. Any

such agreement must be in writing, signed by the Chief Conduct Officer and the student, and

should use this form or contain substantially similar information.

Student’s Admission

I unconditionally admit to having engaged in the following non-academic misconduct:

_________________________________________________________________________________________________________

_______________________________ ____________________ _________________________________ __________________

Printed Name LSC ID No. Signature Date

Chief Conduct Officer’s Judgment

I impose the following sanction on the student for the admitted non-academic misconduct:

_________________________________________________________________________________________________________

The imposed sanction represents my best judgment of what is an appropriate sanction,

considering all applicable facts and circumstances.

____________________________________________ ______________________________________ __________________

Printed Name Signature Date

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