5.8. Outcomes
Nothing in this Code is intended to limit or diminish the authority of faculty members, Academic Deans, or other University officials from appropriately addressing disruptive conduct by a student or students that interferes with or obstructs the teaching or learning process as provided in the Disruptive Classroom Behavior and Lack of Academic Progress Policy.
5.8.1 In each case in which a conduct body (PCB, formal Conduct Panel, or Title IX Conduct Panel, or in the case of the informal conduct process, a Student Conduct Administrator) determines that a student has violated the Code, outcomes may be imposed. In the case of a PCB, formal Conduct Panel, or Title IX Conduct Panel hearing, a majority vote of the voting members of the conduct body is necessary to impose one or more outcomes. An assigned Student Conduct Administrator conducting the informal conduct process may individually assign outcomes.
5.8.2 Under the direction of a University Conduct Officer, the following outcomes may be issued: Warning, Conduct Censure, Conduct Probation, Deferred Suspension, Suspension, and Expulsion, as described below. Supplemental outcomes may be imposed when appropriate, based on the type of Code violation, including temporary or permanent transcript notations. Active Discretionary outcomes, which include additional outcomes designed to enhance the educational impact of the conduct process on the student, may also be issued. When making an outcome determination, the Student Conduct Administrator, PCB, formal Conduct Panel, or Title IX Conduct Panel may increase the severity of a outcome if there is sufficient information to suggest that the Respondent’s conduct in violation of this Code was motivated by age, race, color, religion, sex, sexual orientation, gender, gender identity, gender expression, national origin, ethnic origin, disability, genetic information, covered veteran status and any other basis as protected by law. Outcomes for prohibited drug conduct are provided in section 3.2.10. Outcomes for prohibited alcohol conduct are provided in section 3.2.11. For Title IX Conduct Panel hearings, there will be no deviation from the outcomes listed in section 5.8.
5.8.3 Outcomes that Do Not Impact University Standing
a. Warning. Warning written notice that the student was found to be in violation of the Code and that further violation of the Code may result in more severe outcomes. Students remain in good standing with the University upon receiving a warning.
b. Conduct Censure. Conduct censure shall be assigned when a written warning is insufficient to promote personal growth and positive behavior change in the student. Conduct censure includes active discretionary outcomes listed in 5.8.6 with which the student must comply to enhance the educational impact of the process on the student, in addition to written notice of the Code violation. The written notice indicates that a student’s behavior is in violation of the Code and that further violation of the Code may result in more severe conduct outcomes. The existence of a prior conduct censure may be used to influence future outcome decisions for only one (1) calendar year from the date of the issuance of the conduct censure. Students remain in good standing with the University upon receiving conduct censure.
5.8.4 Outcomes that Impact University Standing
a. Conduct Conduct probation is an outcome given for a specified period of time and is intended to foster reflection, responsibility, and improved decision-making for the student. It serves as a severe outcome. During the period of conduct probation, the student is no longer considered in good standing with the University upon receiving conduct probation and may have some student privileges revoked. Additional conditions and/or educational programs may be assigned as a component of the conduct probation. Should a student be found in violation of the Code, fail to comply with any conditions, or to complete any probation assignments during the probation period, a more severe outcome is likely. This includes, but is not limited to, residence hall eviction, deferred suspension, suspension, or expulsion.
b. Deferred Suspension. Deferred suspension is an outcome by which a student is involuntarily separated from the University for a period of one (1) semester to four (4) academic years. However, the student is permitted to remain in classes during the period of deferred suspension, but is not permitted to attend or participate in campus organizations, activities, or events and cannot use University resources, with the exception of the library for academic purposes only. Deferred suspension confines the relationship between the student and the University to be solely academic in nature. If the student is found in violation of the Code during the period of the deferred suspension., the deferred suspension will immediately convert to suspension as outlined in section below and remain in place for whatever amount of time remains on the original outcome. The student will additionally face new outcomes associated with the immediate Code violation. Students are not in good standing with the University upon receiving deferred suspension.
c. Suspension. Suspension is an outcome by which a student is involuntarily separated from the all University classes, activities, events, organizations, services, facilities, ground, and campus property, including University housing for a period of one (1) semester to four (4) academic years. A criminal trespass order is issued against the student by TCU Police for the duration of the suspension when suspension is issued as an outcome. A student suspended from the University before an academic semester ends will not receive a refund of any monies paid and is not relieved of any financial obligation to the University. At the end of the outcome term, the student is eligible for reenrollment pending the submission of appropriate paperwork and completion of any other outcome terms. Students who reenroll after a suspension will remain on conduct probation up to the duration of their enrollment at TCU. The University reserves the right to alter a suspension outcome to that of expulsion in any case where the student violates the terms of the suspension. A suspended student shall have a grade of “Q” or “F” recorded for each course in progress, as deemed appropriate by the Academic Dean. Students are not in good standing with the University upon receiving suspension.
d. Expulsion. Expulsion is an outcome by which a student is involuntarily separated from the University permanently. This termination pertains to all classes, activities, organizations, services, facilities, grounds, and precludes any future enrollment in the University for any reason. A permanent criminal trespass order is issued against the student by TCU Police when expulsion is issued as an outcome. A student expelled from the University shall have a grade of “Q” or “F” recorded for each course in progress, as deemed appropriate by the Academic Dean. Students are not in good standing with the University upon receiving expulsion.
5.8.5 Supplemental Outcomes
Supplemental outcomes may be imposed based on the type of Code violation finding. These outcomes include:
a. Transcript Notation.
i. Suspension. A notation will be placed on the transcript of a student during the period of the suspension referring to an attached memo which will record the suspension. The transcript notation will be automatically removed at the end of the term of suspension.
ii. Expulsion. A notation will be permanently placed on the transcript of the student referring to an attached memo which will record the expulsion.
b. Restitution. Restitution is an outcome that requires the student to make monetary reimbursement or material replacement for injury, loss, expenses, or damages to, destruction of, or misappropriation of University property or services, or the property of any This could also include situations such as failure to return a reserved space to proper condition.
c. Fines. A conduct fine may be imposed, including standard alcohol fines as listed in section 3.2.11.
d, Confiscation of Prohibited Property. Items whose presence is in violation of University policy will be confiscated and will become the property of the University. Prohibited items may be returned to the owner at the discretion of a University Conduct Officer and/or University Police.
e. Residence Hall Reassignment. Permanent reassignment to another University housing facility. Reassignment details will be determined in conjunction with University Housing and Residence Life or Fraternity and Sorority Life staff. For purposes of this outcome, a “residence hall” includes any residential facility where a student has a housing license to reside.
f. Residence Hall Probation. Residence hall probation serves as a severe University housing outcome. During residence hall probation, the student is no longer in good standing with University Housing and Residence Life or Fraternity and Sorority Life. Additional conditions may be imposed as a component of residence hall probation, including loss of specified housing privileges and completion of educational programs. Should a student fail to comply with any condition or complete any residence hall probation assignment during the probation period, a more severe outcome is likely. This includes, but is not limited to, residence hall reassignment, suspension, or eviction. For purposes of this outcome, a “residence hall” includes any residential facility where a student has a housing license to reside.
g. Residence Hall Suspension. Residence hall suspension is an outcome that removes the student from all residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission to residence halls may be specified. At the end of the outcome term, the student is eligible for reenrollment pending the submission of appropriate paperwork and completion of any other outcome For purposes of this outcome, a “residence hall” includes any residential facility where a student has a housing license to reside.
h. Residence Hall Eviction. Residence hall eviction is an outcome that removes the student from all residence halls. For purposes of this outcome, a “residence hall” includes any residential facility where a student has a housing license to reside.
5.8.6 Active Discretionary Outcomes
Active discretionary outcomes are provided to enhance the educational impact of the conduct process on the student and include, but are not limited to community service; campus work assignments; letters of apology; assessments by mental health professionals; alcohol or drug education and/or treatment; conflict management training; ethics workshops; educational or informative workshops; academic counseling; educational assignments, such as writing a reflective or research paper, or completing a project; and restriction or revocation of campus community privileges, including visitation, campus organization participation and/or leadership eligibility, and University representation restrictions.
5.8.7 More than one outcome may be imposed for any single violation.
5.8.8 Conduct outcomes shall not be made part of the student’s permanent academic record, but shall become part of the student’s conduct record. If a student who has been reported for a suspected violation of the Code withdraws, transfers, takes leave, or is otherwise absent from the University before a hearing is conducted, a hold may be placed on the student’s University account instructing the Registrar to include a notation on the student’s transcript referring to an attached memo indicating that the student withdrew, transferred, took leave, or was otherwise absent while a conduct proceeding was pending as outlined in section 5.3.13. In all conduct proceedings resulting in suspension or expulsion of a student, a hold shall be placed on a student’s University account instructing the Registrar to include a notation on the student’s transcript referring to an attached memo noting such decision, as outlined in section 5.8.9.
Transcript notations may be removed on request by the student, if 1) the student is eligible to reenroll in TCU or 2) TCU determines good cause exists to remove the notation.
Upon graduation, the student’s conduct record may be expunged of disciplinary actions other than suspension or expulsion, upon application to the Student Conduct Administrator. Cases involving the imposition of outcomes other than suspension or expulsion shall be expunged from the student’s confidential record eight (8) years after final disposition of the case. Routine destruction of conduct records shall be completed within a maximum of eight (8) years from the date of the student’s termination, transfer, graduation, or withdrawal from the University.
5.8.9 Conduct Discussion and PCB or formal Conduct Panel Hearing outcomes may only be released to Respondents, and University officials and faculty members (with an educational need to know), unless otherwise required by law or as provided in section 9. Title IX Conduct Panel hearing outcomes must be simultaneously provided to both the Complainant and Respondent, as required by federal Title IX law and provided in section 5.7.21, and may also be released to other University officials and faculty members (with an educational need to know). The Dean of Students will not furnish conduct records for any other reason unless the Respondent or another party makes a written request to the Dean of Students and includes an authorization signed by the Respondent to release the information.
5.8.10 In accordance with Texas law, the Immunity for Sexual Assault Reporting Policy provides students with immunity, who in good faith, report to or assist TCU in investigating a report about, or who testify or otherwise participate in a conduct proceeding regarding, an incident of sexual harassment, as defined in Policy 1.008, from any disciplinary action for any violation of the Code of Student Conduct reasonably related to the incident for which suspension or expulsion are not possible punishments. A Student Conduct Administrator, the Office of Institutional Equity, or their designee may investigate whether a Report made to the University was made in good faith. Such an investigation will not be undertaken for disciplinary measures, but will be limited to fact gathering and a good-faith determination.
5.8.11 Students who receive emergency medical evaluation and follow the advice of the emergency responder, and those students who contact TCU staff to help provide such medical attention, are exempted from formal University discipline for alcohol or other drug-related emergencies as provided in the Medical Amnesty/Good Samaritan Policy. Amnesty is awarded to students only after a review of the case by a Student Conduct Administrator or their designee to determine if amnesty is appropriate and warranted. When amnesty is granted, the matter is not considered a violation of this Code and disciplinary outcomes are not imposed. Instead, students are expected to complete active discretionary outcomes to enhance the educational impact of their conduct experience. Amnesty is only available for first alcohol or drug-related violations. For second or additional alcohol or drug- related violations, the matter is handled according to the standard conduct process prescribed in this
5.8.12 Should a student fail to resolve any assigned outcomes within the prescribed completion timeline, as the result of the conduct process, the Student Conduct Administrator may, at their discretion, take one or more of the following actions within five (5) days:
a. Request a University Conduct Officer or their designee place a “Dean of Students Office” hold on the student’s academic records which will prevent the student from adding, as well as pre- registering for academic courses, pending their completion of the assigned outcomes;
b. Increase the student’s discipline status (i.e., Conduct Probation to Suspension), as appropriate; and/or
c. Require additional outcomes, including Supplemental and/or Active Discretionary Outcomes as provided in sections 5.8.5 and 5.8.6 respectively.
The Student Conduct Administrator may take one or both of the actions listed above after attempting to communicate with the student at least two times, one of which must be in writing.