The Student Handbook

Dear Concordia University Texas Student,

As the Vice President for the Student Experience Team (SETeam) I want to let you know you are welcome, genuinely cared for, and encouraged to explore all that is in place on campus to ensure your success.  

The SETeam’s purpose is to create opportunities and experiences for you as a student, so you can reach your potential, find your passions, and achieve success.  We want to support you as you develop the gifts and talents for which God has blessed you with on this journey.

The student handbook is to assist you as you maneuver through Concordia as a successful student.  As a Concordia student you are responsible for how you respond and interact with the campus community and this handbook will serve as your guide.

At any point if you need assistance or care please feel free to stop my office in the Student Development Center, office 207.

My Best Wishes,
Ronda Seagraves
Vice President for Student Experience & Director of Athletics

The relationship of Concordia University Texas with all students enrolled in its classes and programs and/or living in its campus housing is non-custodial in nature, and legally no special relationship exists between Concordia University Texas and its students. The University is not a guarantor of student safety on campus, on trips or excursions, in transportation situations, or in any other situations involving physical risks.

The Student Handbook does not constitute a contract between any student and the University. The University reserves the right to make changes to the Student Handbook as deemed necessary. Changes become effective immediately or as determined by the designated administrative official.

Notwithstanding any statements or terms herein, Concordia University Texas may choose to (i) change course and curriculum offerings and/or transition to remote-only learning, (ii) reschedule, change, or cancel on-campus events, gatherings, and sporting events, and (iii) limit or prohibit access and use of campus buildings, facilities, and premises, based on local, state, or national shelter-in-place advisories or restrictions and CDC guidelines, quarantine, and self-isolation capacity for the student residential population, or a surge in COVID-19 cases among on-campus students, faculty, or staff.

Notwithstanding any statements or terms herein, Concordia University Texas may choose to (i) change, restrict, or cancel access to and use of campus residence halls, (ii) limit or prohibit on-campus visitors, (iii) restrict use of campus facilities and common areas, (iv) modify or cancel meal plans, social activities, sporting events, and other student life/benefits provided on campus, based on local, state, or national shelter-in-place advisories or restrictions and CDC guidelines, quarantine and self-isolation capacity for the student residential population, or a surge in COVID-19 cases among on-campus students, faculty, or staff.

Principles

We are a community here at Concordia University Texas, and to contribute to the well-being of the CTX community, students are expected to engage in responsible behavior that models good citizenship and is aligned with the institution’s mission. Therefore, all Concordia University Texas students are expected to conduct themselves in accordance with the following principles:

• Integrity: Concordia University Texas is committed to being an institution that models integrity, including honesty and fairness in all our dealings with students and others. Students will also strive to practice integrity in their academic work and community life.
• Community: The institutional values of Concordia University Texas include a commitment to being a caring, Christian community. The principle of community is the cornerstone of how we interact with one another. As a part of the Concordia community, students will strive to support one another with mutual understanding and respect.
• Responsibility: Concordia University Texas fulfills its mission by teaching, modeling, practicing, and recognizing Christian leadership. As such, students will strive to demonstrate Christian leadership through acting as responsible role models, which includes obeying state, federal, and local laws as well as the University’s rules.

Scope of the Student Code of Conduct

A. Jurisdiction

The Concordia University Texas Student Code of Conduct applies to all Concordia University Texas students and student organizations. The Student Code of Conduct applies to any behaviors that take place on the campus (including in the residence halls, at University facilities, and in remote classrooms) and at University-sponsored events. The Student Code of Conduct may also apply off campus and to actions online when the Dean of Students or designee determines that the off-campus behavior impacts a substantial University interest. A substantial University interest is defined to include:

1. Any action that constitutes a criminal offense as defined by federal or state law. This includes but is not limited to single or repeat violations of any local, state, or federal law committed in the municipality where the University is located.
2. Any situation where it appears that the accused individual may present a danger or threat to the health and/or safety of self or others.
3. Any situation that significantly impinges upon the rights, property, or achievements of self or others or significantly breaches the peace and/or causes social disorder.
4. Any situation that is detrimental to the educational interests of the University.

Each student is responsible for his/her conduct from the time the student accepts the offer of admission, through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, during the summer, as well as during the academic year, including during intra-semester breaks and between semesters, and during periods between terms of actual enrollment and participation in study abroad programs, travel courses, etc. Furthermore, the Student Code of Conduct applies to guests of community members whose hosts may be held accountable for the misconduct of their guests.

B. Standard of Proof

In all cases of alleged violations of Concordia University Texas policy, the standard of proof is the preponderance of the evidence (e.g., more likely than not). This standard is also employed when making determinations regarding interim restrictions/actions.

The following items constitute prohibited behavior under this Student Code of Conduct:

A. Academic Integrity

Plagiarism, fabrication, cheating, and academic dishonesty of any kind are prohibited. Please see the Student Academic Integrity Policy for further information.

B. Aiding or Abetting

Attempting, aiding, abetting, or being an accessory to any act prohibited by University policy shall be considered the same as a completed violation.

C. Alcohol

Students are expected to comply with all state and local laws. Additionally, students are expected to comply with all Concordia University Texas policies regarding the presence and use of alcohol on campus, during University-sponsored trips and activities, and while conducting University business. The following behaviors are prohibited:

1. Possession or consumption of alcohol by anyone under the age of 21.
2. Providing alcohol or access to alcohol to anyone under the age of 21.
3. Violating any provision of the Student Code of Conduct while under the influence of alcohol.
4. Possession of common containers (e.g., kegs) on campus.

Amnesty: Please note that in certain situations, students may qualify for amnesty. Determinations regarding amnesty are made by the Dean of Students or designee.

D. Animals/Pets

Animals/pets are not allowed in campus buildings except for service animals and support animals approved through the Academic Support Center. Support animals must be approved prior to the animal’s arrival on campus. Small fish tanks (under two gallons) may be permitted in the residence halls in accordance with Residential Life policies.

E. Bicycles

Bicycle riding, skateboarding, roller skating, rollerblading, scooter riding, shoes with wheels, remote control toy cars, drones, or other similar behavior/items within the hallways, rooms, or buildings of the University is prohibited.

F. Damage to Property

Damage to or destruction of campus property or actions that have the potential for such damage or destruction is prohibited. Behavior that threatens to damage or creates hazardous conditions, such as dropping, throwing, or causing objects or substances to fall from windows, doors, ledges, balconies, or roofs, is also prohibited. This includes but is not limited to unauthorized application of graffiti, paint, etc. to property or removal of window restrictors, security screens, etc.

G. Discrimination

Discrimination is the act of treating similarly situated persons differently based on any legally protected status. 

H. Disruptive Activity

No person or organization may interfere with, disrupt normal activity and operations of, or promote the interference or disruption of students, faculty, administration, staff, or the educational mission of the University, or its buildings, equipment, or facilities. Any form of expression that materially interferes with such activities and operations or invades the rights of persons is prohibited.

1. Non-compliance with reasonable time, place, or manner restrictions on expression is considered a violation of this section. Such activity includes but is not limited to behavior in a classroom or instructional program that interferes with (i) the instructor or presenter's ability to conduct the class or program or (ii) the ability of others to profit from the class or program.
2. To remain in the vicinity of activity that is disrupting normal University functions when requested to leave by a University official is prohibited. Bystanders, if their presence incites or adds to the disruption, as well as more active participants in the disruptive activity, may be in violation of this policy as well.

I. Drugs

Students are expected to comply with all federal, state, and local laws in addition to Concordia University Texas policies. The following behaviors are prohibited:

1. The unauthorized possession, use, manufacture, sale, or distribution of any counterfeit, illegal, dangerous, "designer," controlled drug or other substances, including the use of prescription medication in a manner other than intended and the possession of prescription medication by any person other than the individual to whom it was prescribed.
2. Violating any other provision of the Student Code of Conduct while under the influence of any illegal or illegally obtained drug.
3. Possession of drug paraphernalia.
4. Any diluted, late, missed, forged, or failed University-required drug screen.

J. Failure to Comply

Students and student organizations are expected to comply with and respond appropriately to the reasonable and lawful requests of University officials in the performance of their duties. Students are expected to appear for disciplinary meetings when reasonably notified to do so. A failure to properly comply with or complete an outcome or obligation resulting from a conduct hearing or adjudication will also be considered failure to comply with an official request.

K. Fire Alarms/Safety Equipment

Violation of this policy may result in a fine. The behaviors prohibited include:

1. Making or causing to be made a false fire alarm or emergency report of any kind.
2. Tampering with, disabling, or misusing fire safety equipment including but not limited to fire extinguishers, fire hoses, fire alarms, and fire doors.
3. Failure to evacuate any University building when a fire alarm is sounding and/or when instructed to do so by police, firefighters, or University staff, whether the alarm is due to a drill or an actual emergency.

L. Providing False Information

A student is in violation of this provision of the Student Code of Conduct when the student provides false information, lies, or engages in fraudulent behavior in or with regard to any transaction with the University. Whether oral or written, prohibited behaviors include, but are not limited to, misrepresenting the truth before a hearing of the University or knowingly making a false statement orally or in writing to any University official. Additionally, the forgery, alteration, or misuse of any document, record, or officially issued identification is prohibited.

M. Gambling

Gambling, as defined by federal, state, and local laws, is prohibited.

N. Violation of Law

It is a violation of the Student Code of Conduct for students or student organizations to violate any federal, state, or local laws. Students or student organizations involved in alleged violations of any federal, state, or local laws may be subject to disciplinary action. These allegations will be addressed using the University standard of proof and procedure. Disciplinary action imposed by the University may precede and/or be in addition to any penalty imposed by an off-campus authority.

O. Harassment

Harassment is physical, verbal, or nonverbal conduct directed at a person because of any legally protected status and that is so severe, persistent, or pervasive that the conduct:

1. Affects a person’s ability to participate in or benefit from an educational program or activity, or it creates an intimidating, threatening, hostile, or offensive educational environment.
2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance or an employee’s work performance.
3. Otherwise adversely affects a person’s educational or employment opportunities.

Examples of prohibited harassment include offensive or derogatory comments, jokes, or slurs because of the individual’s protected status or because of the individual’s need for an accommodation based on disability; physical aggression or assault; display of graffiti or printed material promoting racial, ethnic, or other negative stereotypes; or other kinds of aggressive conduct, such as theft or damage to property when motivated by the individual’s protected status.

P. Harm to Person(s)

Actions that result in physical harm or have the potential for physically harming another person and actions that create conditions that pose a risk of physical harm to another or cause reasonable apprehension of physical harm are prohibited. Behavior that threatens to cause harm to persons or creates hazardous conditions for persons is prohibited.

Note: Fighting is considered a form of “Harm to Person(s).” The University expects that students will withdraw from situations that may result in fighting. Students always have the option of contacting a University official to assist with a situation. Therefore, the University will charge both/all students who participate in fighting. The burden of proof will fall upon the student to demonstrate that every measure was taken to withdraw from the situation to avoid disciplinary actions.

Q. Hazing

Hazing is defined as an act that endangers the mental or physical health or safety of a student or an action that destroys or removes public or private property for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or organization. The expressed or implied consent of the victim is not a defense. Apathy and/or complicity in the presence of hazing are not neutral acts; they are violations of this policy.

R. Interference With or Obstruction of the Conduct Process

Interfering in any manner with the student conduct process is prohibited. Examples of violating this policy include but are not limited to: Colluding with or intimidating witnesses, providing false information, or intentionally omitting relevant information from an investigation or hearing.

S. Misuse of Student Identification, Keys, and Access Devices

Prohibited actions include:

1. Lending a University Student ID card to anyone for reasons not authorized by the University.
2. Failing to present a University Student ID card when requested by a University official acting in the performance of his or her duties.
3. Creating, possessing, or using a fraudulent University Student ID card.
4. Possession or use of any University key or access device without proper authorization.
5. Duplicating a University key or access device.

T. Retaliation

Retaliation is an adverse action taken by an employee or student against an individual who makes a complaint of discrimination or harassment, witnesses an incident of discrimination or harassment, reports an incident of discrimination or harassment, or participates in an investigation pertaining to a grievance of discrimination or harassment. For an action or decision to be considered adverse, it must be materially adverse and be of the type that would dissuade a reasonable person from exercising his or her rights to file a grievance or to participate in an investigation. Unlawful retaliation does not include petty slights or annoyances.

U. Sex

Concordia University Texas upholds a Biblical standard of sexual behavior. Sanctions may be imposed when sexual behavior impacts the health, safety, and/or well-being of the students involved and/or the Concordia University Texas community.

V. Sexual Misconduct

Sexual misconduct is prohibited. Please see the Sexual Misconduct section below for full details.

W. Smoking/Tobacco/E-Cigarettes/Hookahs

Concordia University Texas prohibits all forms of smoking on campus. Smoking includes but is not limited to cigarettes, joints, cigars, pipes, water pipes (hookahs), bidis, kreteks, and electronic smoking devices, including e-cigarettes, e-cigars, e-pipes, e-hookahs, vaporizers, and vape pens, or under any other product name or description. Additionally, the use of smokeless tobacco is prohibited within the hallways, rooms, buildings, or facilities of the University, and the sale of tobacco products on campus is prohibited.

X. Theft

Theft of any kind, including seizing, receiving, or concealing property with knowledge that it has been stolen, is prohibited. Sale, possession, or misappropriation of any property or services without the owner's permission is also prohibited.

Y. Unauthorized Use of or Presence in University Facilities

Unauthorized entry into, presence in, or use of University facilities, equipment, or property that has not been reserved or accessed through appropriate University officials is prohibited.

Z. Weapons and Explosives

The unauthorized possession or use of firearms or weapons of any other kind (including but not limited to knives, slingshots, metal knuckles, Tasers, razors, paintball guns, BB guns, and/or air pistols) is prohibited. The ignition or detonation of anything that could cause damage to persons or property or disruption by fire, smoke, explosion, noxious odors, stain, corrosion, or similar means is prohibited. Possession of anything in the nature of fireworks, explosives, or chemical explosives is prohibited on any property owned or operated by the University and at any off-campus University-sponsored events without prior University authorization.

Please see the Sexual Misconduct and Interpersonal Violence Policy for all definitions, information, and processes for reporting, investigation, and adjudication. Select information is provided here for convenience.

A. Sexual Harassment

As defined by the Sexual Misconduct and Interpersonal Violence Policy

B. Dating Violence

As defined by the Sexual Misconduct and Interpersonal Violence Policy

C. Domestic Violence

As defined by the Sexual Misconduct and Interpersonal Violence Policy

D. Retaliation

As defined by the Sexual Misconduct and Interpersonal Violence Policy

E. Sex Discrimination

As defined by the Sexual Misconduct and Interpersonal Violence Policy

F. Sexual Assault

As defined by the Sexual Misconduct and Interpersonal Violence Policy.

G. Sexual Exploitation

As defined by the Sexual Misconduct and Interpersonal Violence Policy

H. Stalking

As defined by the Sexual Misconduct and Interpersonal Violence Policy

I. Other Unprofessional/Inappropriate Conduct

As defined by the Sexual Misconduct and Interpersonal Violence Policy

Consent

A. Statement on Consent

Consent means a clear, knowing, and voluntary agreement, by words or action, to engage in each instance of mutually agreed-upon sexual activity. A person who is incapacitated is not capable of giving consent. Consent is communicated through mutually understandable words or actions that indicate willingness by all the involved parties to engage in the same sexual activity at the same time and in the same way. Clear and open communication is an essential element to conveying and understanding consent. Consent is active and not passive. Any expression of an unwillingness to engage in any instance of sexual activity establishes a presumptive lack of consent. Relying on nonverbal communication alone may result in a violation of this policy.

Consent cannot be inferred from silence, passivity, or lack of resistance. Additionally, consent to one form of sexual activity does not necessarily imply consent to other forms of sexual activity. Similarly, a prior sexual history or dating history between the participants does not constitute consent. Even in the context of a relationship, there must be mutual consent. Consent may be given for specific activities and not for others.

Any party has the right to change their mind and withdraw consent at any time through words or actions. Once consent is withdrawn, the sexual activity occurring must cease.

Consent is not effective if it results from: (a) the use of physical force, (b) a threat of physical force, (c) coercion, (d) incapacitation, or (e) any other factor that would eliminate an individual’s ability to exercise their own free will to choose whether or not to have sexual activity.

An individual is unable to provide consent to engage in sexual activity when the individual:

1. Is under age 17 and (a) is not a spouse of the Respondent or (b) is more than three years younger than the Respondent at the time of the offense.
2. Has a mental disorder or developmental or physical disability that renders her or him incapable of giving knowing consent.
3. Is unconscious or physically unable to resist.
4. Is incapacitated from alcohol or other drugs, and this condition was known or reasonably should have been known by the Respondent.

B. Incapacitation

Incapacitation means a state where a person does not appreciate the nature or fact of sexual activity because of drugs or alcohol consumption, medical condition or disability, or due to a state of unconsciousness or sleep.

An incapacitated individual cannot make an informed and rational decision to consent to engage in sexual contact because the individual lacks conscious knowledge of the nature of the act (e.g., to understand the “who, what, where, when, why, or how” of the sexual interaction) and/or is physically or mentally helpless.

Incapacitation can be found only when the Respondent knew or should have known that the Complainant was incapacitated when viewed from the position of a sober, reasonable person. One’s own intoxication is not an excuse for failure to recognize another person’s incapacitation.

Incapacitation may result from the use of alcohol and/or other drugs; however, consumption of alcohol or other drugs, inebriation, or intoxication alone is insufficient to establish incapacitation. When alcohol or drug use is involved, incapacitation is a state beyond drunkenness or intoxication. Alcohol and other drugs impact everyone differently. 

Determining whether an individual is incapacitated requires an individualized determination, considering the individual’s:

• Decision-making ability.
• Awareness of consequences.
• Ability to make informed judgments.
• Capacity to appreciate the nature of the circumstances of the act.

No single factor is determinative of incapacitation. Some common signs that someone may be incapacitated include slurred speech, confusion, shaky balance, stumbling or falling, vomiting, and unconsciousness.

C. Coercion

Coercion refers to conduct that is employed to persuade or compel someone to engage in unwelcome sexual contact, including but not limited to intimidation and express or implied threats of emotional, educational, reputational, financial, or other harm that would place a reasonable person in fear of immediate or future harm.

All students at Concordia University Texas have both rights they enjoy as individual students as well as responsibilities to the greater University community. Additionally, the University retains some rights specifically related to student conduct and safety. These rights and responsibilities apply to the general student conduct process. For the rights of parties participating in the sexual misconduct process, please see the Sexual Misconduct and Interpersonal Violence Policy for full details.

A. General Rights of Students

1. The Right to Fundamental Fairness — Concordia University Texas is committed to affording each student alleged to have violated any policy with a fundamentally fair judicial process. The University also allows for appeals by certain parties as outlined in the appeals section of the judicial process.
2. The Right to Review Records — The Family Education Rights and Privacy Act (FERPA) gives registered students the right of access to educational records at a college/university that contain information directly related to them. FERPA also states that a university cannot permit access to or release of educational records or personally identifiable information contained therein to any party without consent of the student. More information about FERPA can be found on the Office of Student Registration and Records FERPA website.

B. Complainant Rights

Students have the right:

1. To be treated with respect by University officials.
2. To take advantage of campus support resources, such as the University counselor, campus pastor, and Academic Support Center.
3. To experience a safe living, educational, and work environment.
4. To have an advisor and/or advocate during this process.
5. To refuse to have an allegation resolved through conflict resolution procedures.
6. To receive amnesty for minor student misconduct (such as alcohol or drug violations) that is ancillary to the incident and reported in good faith.
7. To be free from retaliation.
8. To have complaints heard in substantial accordance with this process.
9. To be of full participation in any process, whether the injured party or University is serving as the Complainant.
10. To be informed, as permissible and in writing, of the outcome/resolution of the complaint, sanctions where permissible, and the rationale for the outcome where permissible.

C. Respondent Rights

Students have the right:

1. To be treated with respect by University officials.
2. To take advantage of campus support resources, such as the University counselor, campus pastor, and Academic Support Center.
3. To have an advisor and/or advocate during this process.
4. To refuse to have an allegation resolved through conflict resolution procedures.
5. To have complaints heard in substantial accordance with these procedures.
6. To be informed in writing of the outcome/resolution of the complaint and the rationale for the outcome.

D. Student Responsibilities

1. Students who are arrested by any law enforcement agency must inform the Dean of Students within 72 hours of their release. Students who are arrested may be subject to University disciplinary action when their alleged conduct violates the University’s policies. Failure to report this information to the Dean of Students will result in a “Failure to Comply” charge and may result in further disciplinary action.
2. Students are responsible for making sure their guests behave responsibly while visiting the University. Students may be held accountable for any violations of the University committed by their guests during their visit.
3. Students have the responsibility to be honest and forthright in all information they provide during the conduct process. Presenting false and misleading information during this process is a violation of prohibited conduct as outlined in the Student Code of Conduct.
4. Students have the responsibility to attend all required meetings, conferences, or hearings as scheduled, unless alternate arrangements are made in advance.

E. University’s Right to Notify Parents and Guardians

1. Concordia University Texas reserves the right to notify parents or guardians when it determines the circumstances warrant such notification:
   1. For any student, regardless of age, in a situation that threatens their own health or safety or places another in a situation that threatens their health or safety, both the parents or guardians and any “emergency contact” may be notified.
   2. When the Dean of Students or designee determines that circumstances exist where it is in the best interest of the student and University to notify the parent/guardian.
   3. If it is deemed by the Dean of Students or designee that it may be counter-productive to notify a parent or guardian, then the procedures may be altered as necessary

The process described below applies to the general student conduct process. For

information on the sexual misconduct process, please see the Sexual Misconduct and Interpersonal Violence Policy for full details.

A. Reporting

1. Concordia University Texas will investigate all reports of alleged violations of the Concordia University Texas Student Code of Conduct.
2. Reporting an Allegation of Violation of Policy
   1. Anyone who believes that a Concordia University Texas Student Code of Conduct policy has been violated should report it to the Dean of Students using the online Incident Reporting Form.
   2. Employees have an obligation to report certain instances of discrimination, harassment, and sexual violence.
3. Statement on Confidentiality
   1. In some cases, it may not be possible to keep the anonymity of a reporting party or Complainant. In cases where this is requested, the Investigator will take all steps to protect a victim of discrimination. Should a reporter or Complainant’s identity need to be disclosed, all efforts to place them on notice will be made.
   2. If a reporting party or Complainant would like the details of an incident to be kept confidential, the reporting party or Complainant may speak with on-campus counselors, sexual assault victims’ advocates, off-campus local rape crisis counselors, domestic violence resources, state assistance agencies, and/or the campus pastor who will maintain confidentiality. For more information on confidential reporting, see the Title IX web page.
4. Policy on Student Withdrawals with Pending Disciplinary Action:
   1. Concordia University Texas does not permit a student to withdraw if that student has a complaint pending for a violation of the Code of Student Conduct or any University policy. Should a student decide to leave and not participate in an investigation and/or hearing, the process will nonetheless proceed in the student’s absence to resolution. The student will not be permitted to return to Concordia University Texas unless all sanctions have been satisfied.

B. Investigations

1. Following receipt of notice or a complaint, the Dean of Students or designee will promptly investigate the complaint. (The individual(s) designated are hereinafter referred to as the “Investigator.”)
   1. In some instances (e.g., housing violations and minor conduct violations), these investigations will be comprised of an interview with the reporting party or (the “Complainant”) and the person(s) alleged to have violated the policy (the “Respondent”). In other instances, a more in-depth investigation may be required.
2. In all cases, Concordia University Texas will seek to have all cases reach resolution within 60 calendar days of notice of the allegation, barring exigent circumstances. If exigent circumstances exist, the Dean of Students or designee will provide notice to the Respondent and the Complainant (if appropriate) of any delays or extensions. The University may undertake a short delay (up to 14 business days) to allow for evidence collection when criminal charges on the basis of the same behaviors that initiated the process are being investigated.
3. The Investigator will meet with all appropriate parties and will make a determination using the University’s standard of proof (see the Standard of Proof section). After the investigation is complete, the Respondent (and, when appropriate, the Complainant) will meet with the Investigator to learn the results of the investigation, and one of the resolution options will be implemented (See Resolution Options section below).

C. Interim Actions/Restrictions

The University may take interim actions as necessary to protect the community from a threat to health or safety, to any member of the community, or in cases where there may be a risk of a substantial disruption to the normal operations of the University. In all cases, the subject of the interim action will be given an opportunity to be heard by the Dean of Students or designee on the necessity of the restriction within three business days of the issuing of the restrictions. Please see the Sexual Misconduct and Interpersonal Violence Policy for full details on emergency removal in the sexual misconduct process.

These actions may include but are not limited to:

1. Interim Suspension: A student/organization that is suspended on an interim basis is subject to all the same restrictions as if they had been suspended as a final sanction.
2. Interim Restriction: These restrictions may include but are not limited to: restricted access to facilities, housing, and/or events; no-contact orders with specific individuals; and/or any other restrictions deemed by the Dean of Students to be necessary to achieve the goals stated above. Note: Concordia University Texas will not pay for or make any arrangements for housing for any student removed from housing on an interim basis.

Altering any of these restrictions may be predicated on the requirement to engage in a psychological assessment, drug/alcohol testing, interviews, etc., at the discretion of the Dean of Students or designee.

D. Resolution Options

The resolution options described below apply to the general student conduct process. For information on resolution options within the sexual misconduct process, please see the Sexual Misconduct and Interpersonal Violence Policy.

1. Informal Administrative Resolution
   1. The Respondent accepts the findings of the investigation and (if appropriate) sanctions (see “Investigation Findings” below), as explained by the Investigator.
2. Committee Hearing
   1. In cases where neither an informal administrative resolution nor an administrative hearing is appropriate, a committee hearing will be held by the Disciplinary Hearing Committee (DHC) to determine if a policy has been violated and sanctions, if appropriate (see “Hearing Findings” below). For more information on the procedures, see “Hearing Procedures” below.
3. Administrative Hearing
   1. In certain cases, the Investigator, the Respondent, and/or, when appropriate, the Complainant may desire a hearing that involves a member of the DHC. In these cases, an administrative hearing will be convened. These hearings are subject to all the requirements of the committee hearing (e.g., they are recorded, all parties may be present, etc.) except for the composition of the DHC. In these cases, the DHC is a single administrator.
   2. Concordia University Texas will utilize this option only when one of the parties listed above has requested it to protect their privacy, the matter is determined to be sensitive enough to warrant this limited forum by the Investigator, and/or the DHC cannot be convened in a timely fashion.
4. Sanctions-Only Hearing
   1. In cases where the Investigator determines that there is sufficient evidence for a finding(s) and the Respondent acknowledges and accepts the finding(s) but does not accept the sanction(s), the case will be referred to the DHC for a sanctions-only hearing.

Note: Should a student fail to appear for an administrative hearing or a committee hearing, that student may be considered as having waived their right to be present for the hearing, and a decision will be made in their absence.

 

E. Investigation Findings

1. Inconclusive
   1. In these cases, the Investigator cannot decide that the Respondent is involved in a violation of policy. The Respondent’s name will be cleared for purposes of third-party reporting, but the record of the investigation will be retained. This finding is not subject to an appeal.
2. Not Responsible
   1. In these cases, the Investigator has determined that insufficient evidence exists for a finding of “responsible” for any of the allegations. The case is closed, and a record of the not responsible finding(s) is retained by the Dean of Students.
3. Responsible
   1. The Investigator determines that sufficient evidence exists for a finding of “responsible” for any of the violations. In this case, the Respondent may opt to resolve the case and acknowledge both the finding(s) and sanction(s). This is considered an “informal administrative resolution” (see above).

F. Hearing Process

The hearing process described below applies to the general student conduct process. For information on the hearing process for matters resolved within the sexual misconduct process, please see the Sexual Misconduct and Interpersonal Violence Policy for full details.

1. Referral for Hearing
   1. Administrative Hearing
      1. When the Investigator determines that there is sufficient evidence for a finding of “responsible” for any of the allegations, and the Respondent does not acknowledge or accept the finding(s) — in whole or in part — then the case will be referred to the DHC for an administrative hearing. This may also occur when the Investigator determines that a reasonable determination of “responsible “or “not responsible” could be made, but a conclusion has not been reached.
   2. Sanctions-Only Hearing:
      1. When the Investigator determines that there is sufficient evidence for a finding of “responsible” for any of the allegations, and the Respondent acknowledges and accepts the findings but does not accept the sanctions as presented by the Investigator, then the case will be referred to the DHC for a sanctions-only hearing.
2. Hearing Procedures
   1. Composition of the Hearing Committee
      1. The hearing committee shall consist of three members of the DHC.
      2. The DHC is a pool of faculty and staff selected by the Provost/Executive Vice President and trained to deliberate on cases that involve allegations of violations of University policies.
3. Notice of Allegations and Hearing
   1. No less than one calendar week prior to the hearing, or as far in advance as is reasonably possible if an accelerated hearing is scheduled with the consent of the parties, the Dean of Students or designee will send a letter to the parties with:
      1. 1. A description of the alleged violation(s), a description of the applicable policies, and a statement of the potential sanctions/responsive actions that could result.
         2. The time, date, and location of the hearing and a reminder that attendance is mandatory, superseding all other campus activities. If any party does not appear at the scheduled hearing, the hearing will be held in their absence. For compelling reasons, the Dean of Students or designee may reschedule the hearing. Hearings for possible violations that occur near or after the end of an academic term will be held immediately after the end of the term or during the summer, as needed, to meet the resolution timeline followed by the University.
4. Access to Information Prior to the Hearing
   1. The DHC chair, members, the Respondent, and, when appropriate, the Complainant will be provided access to copies of all appropriate documentation no less than five business days prior to the hearing. This includes, but is not limited to:
      1. The investigation report.Note: The final findings — responsible or not responsible — of the Investigator will not be included in the report provided to the DHC.
      2. A list of any witnesses who will be available for the hearing, should their testimony be necessary.
      3. The names of the DHC members, to allow for any challenges for cause/bias to be made to the Dean of Students or designee.
         1. The Dean of Students or designee will consider all challenges, and the parties will be notified as to the determination.
      4. Any other supporting documentation.
         1. The Dean of Students or designee will make the final determinations on any special requests by any parties for accommodations (e.g., special accommodations when intimidation may be a consideration, such as a screen or closed-circuit participation may be requested, or accommodations for registered disabilities).
5. Role of Advisors
   1. The parties may have the assistance of an advisor at the hearing. Typically, advisors are members of the campus community. The advisor may not make a presentation or represent the Complainant or Respondent during the hearing. The parties to the hearing are expected to ask and respond to questions on their own behalf, without representation by their advisor. The advisor may consult with the advisee quietly, in writing, or outside the hearing during breaks but may not speak on behalf of the advisee to the DHC.
6. Privacy of Proceedings
   1. All proceedings are private. All persons present at any time during the hearing are expected to maintain the privacy of the proceedings and are subject to University consequences for failure to do so. While the contents of the hearing are private, the parties have discretion to share their own experiences if they so choose and are encouraged to discuss doing so with their advisors.
7. Multiple Respondents
   1. In hearings involving more than one Respondent, or in which two Complainants have accused the same individual of substantially similar conduct, the standard procedure will be to hear the complaints jointly; however, the Dean of Students or designee may permit the hearing pertinent to each Respondent to be conducted separately. In joint hearings, separate determinations of responsibility will be made for each complaint.
8. Hearing Proceedings
   1. The proceedings will be audio and/or video recorded, with the exceptions of deliberations. Persons given access to the recording will be required to sign an agreement confirming that they will protect the privacy of the information contained in the recording.
   2. Formal rules of evidence will not apply. Any evidence that the committee believes is relevant and credible may be considered, including history and pattern evidence. The DHC chair will address any evidentiary concerns prior to and/or during the hearing and may exclude irrelevant or immaterial evidence and ask the committee to disregard evidence lacking in credibility. The DHC chair will make determinations regarding all questions about procedure and evidence.
   3. Character witnesses are not permitted to testify in the “findings” stage of the hearing, nor are statements of character to be introduced. However, up to two letters of character support may be submitted for the “sanctioning” phase of the hearing.
   4. “Impact statements,” describing the effect that the incident has had on the Respondent or, when applicable, an alleged victim will not be permitted in the “findings” phase of the hearing but may be offered in person or in writing during the “sanctioning” phase of the hearing.
   5. The DHC chair will call the hearing to order and will explain the procedures, including having all parties introduce themselves.
   6. The DHC chair will ask the Investigator to present their report. This includes:
      1. A reading of the allegations/policies.
      2. A reading of the facts not in dispute.
      3. A reading of the facts in dispute.
   7. The Investigator will ask the parties if they have any comment on the reading of the disputed and non-disputed facts.
   8. The Investigator will accept any questions from the DHC, including those to the parties that the DHC chooses to ask through the Investigator.
   9. The DHC may then ask the parties any relevant questions.
   10. The parties may ask relevant questions of the Investigator or one another when appropriate.
   11. The DHC and the parties may request that the Investigator call available witnesses.
       1. The Investigator, as the individual who interviewed all witnesses, should be questioned prior to calling a witness in for live testimony.
       2. If a witness is called, the requesting party may ask him or her questions first, followed by the Investigator and the DHC.
   12. Once all information has been collected, the DHC chair will ask the Investigator to read the policies and allegations, and the DHC chair will remind all parties of the standard of proof (see the Standard of Proof section). The DHC chair will then dismiss all parties, and the DHC will deliberate on the findings.
       1. The deliberations are to be private and not recorded. All notes from deliberation are to be destroyed after the hearing.
       2. Should the DHC have a procedural or other question for the Investigator, they may ask the question outside the deliberation room. The Investigator should communicate the nature of the question to the Respondent and, when appropriate, the Complainant.Note: In a sanctions-only hearing, after the reading of the allegations, the Respondent will acknowledge responsibility for the violations. The hearing will then proceed to the “sanctioning” phase.
   13. Once the DHC has deliberated, they will reconvene, and the DHC chair will read their findings into the record. If the Respondent has been found in violation of any of the allegations, the hearing will proceed to the sanctioning phase. If the findings are “not responsible” for all allegations, then the DHC chair will dismiss all parties.
   14. The Sanctioning Phase
       1. The DHC chair will ask the Investigator to disclose any prior record of the Respondent.
       2. The DHC chair will ask the Investigator to present the DHC with the range of sanctions that would allow for institutional consistency.
       3. In cases where there is a victim, the DHC chair will ask the victim for his or her impact statement. Alternatively, the statement may be submitted in writing to the DHC.
       4. The DHC chair will ask the Respondent for an impact statement as well, which may include the Respondent’s recommendation for sanctions.
       5. The DHC chair will remind all parties that the sanctions determined by the DHC are recommendations to be made to the Vice President of Student Development or designee to ensure institutional consistency.
       6. The DHC chair will dismiss all parties for deliberation.
       7. After deliberation, the DHC will reconvene, and the sanctioning recommendations will be read to the parties.
   15. The results of the hearing will be sent to the Respondent within three business days of the conclusion of the hearing, barring exigent circumstances.

G. Hearing Findings

1. In a formal hearing, the DHC has the option of finding the Respondent “responsible” or “not responsible.” “No finding” is not permitted as an outcome.
2. In a sanction-only hearing, the DHC will not be permitted to alter the findings as admitted by the Respondent.

H. Sanctions

1. Sanctioning Philosophy
   1. The University employs a wide array of sanctions on students and student organizations found responsible through the conduct process. All sanctions may be imposed singularly or in combination. The purposes of imposing sanctions are twofold: one, to protect the University community from behavior that is detrimental to the community and/or the educational mission of the University, and two, to assist students in identifying acceptable parameters and consequences of future behavior. The sanction(s) imposed are intended to correspond with the severity or frequency of violations, as well as the student's willingness to recommit him/herself to behaviors that fall within the University’s Code of Student Conduct and are consistent with the mission and values of Concordia University Texas.

Other factors that may affect the sanctions are:

1. 1. 1. The nature, severity, and circumstances surrounding the violation.
      2. The disciplinary history of the student or student organization.
      3. Previous complaints or allegations involving similar conduct.
      4. The need for sanctions/responsive actions to bring an end to the actions that violated the Code of Student Conduct.
      5. The need for sanctions/responsive actions to prevent the future recurrence of the actions that violated the Code of Student Conduct.
      6. The need to remedy the effects of the actions that violated the Code of Student Conduct on the victim and the community.
2. Individual Student Sanctions
   1. Expulsion
      1. The student is dismissed from the University without the ability to apply for re-admittance.
         Note: Any student expelled for disciplinary reasons must vacate the campus within the period of time noted in the notice of expulsion (typically immediately).
      2. The student may not return to campus or University property without prior written permission from the Dean of Students or designee. Failure to comply with this request will constitute criminal trespass.
      3. The expulsion will be permanently noted on the student’s transcript. ii.
   2. Suspension
      1. The student is denied enrollment, attendance, and other privileges at the University for a specified period of time. Permission to apply for re-admission upon termination of the period may be granted with or without conditions/restrictions. Students may be required to complete a period of disciplinary probation upon their return to the University.
      2. Any student suspended for disciplinary reasons must vacate the campus within the period of time noted in the notice of suspension (typically immediately). The student may not return to campus or University property during the term of the suspension without prior written permission from the Dean of Students or designee. Failure to comply with this request will constitute criminal trespass.
      3. The suspension will be noted on the student’s transcript until such time as the student re-enrolls at the University or has presented evidence that all sanctions were completed and the period of suspension has passed.
   3. Probation
      1. Probation is a period of review and observation during which a student is under an official notice that subsequent violations of University rules, regulations, or policies are likely to result in a more severe sanction, including suspension or expulsion from the University. While on probation, a student may be "not in good standing" and may face specific limitations on his/her behavior and/or University privileges (see Conditions/Restrictions below). 
   4. Warning
      1. A warning is an official reprimand that makes the misconduct a matter of record in University files. Any further misconduct could result in further disciplinary action.
   5. Conditions/Restrictions
      1. Limitations are placed upon a student's behavior and/or University privileges for a period of time, or the student has an active obligation to complete a specified activity. This sanction may include but is not limited to restricted access to the campus or parts of campus, denial of the right to represent the University in any way, denial of housing or parking privileges, required attendance at a workshop(s)/presentation(s)/training(s), and/or participation in community service.
   6. Fines/Restitution
      1. An order may be issued to make restitution or to pay a fine when a student has engaged in conduct including but not limited to the damage or destruction of property, the theft or misappropriation of property, fraudulent behavior, violations of the alcohol and/or drug policies, or violations of the fire safety policies. Such property may belong to an individual, group, or the University.
      2. Restitution may be in the form of payment, community service, or other special activities designated by the hearing authority.
      3. Additional fines may be assessed as a punitive measure.
   7.  Ineligibility
      1. Ineligibility is a specified period of time during which the student is not allowed to represent the University in any official capacity. Those with this sanction may not hold an office or have a committee or other leadership responsibility in student organizations/groups/teams, but they may continue as members of organizations/groups/teams and may attend activities/functions/events.
   8. Withholding Diploma
      1. The University may withhold a student's diploma for a specified period of time and/or deny a student participation in commencement activities if he or she has a complaint pending or as a sanction if the student is found responsible for an alleged violation.
   9. Revocation of Degree
      1. The University reserves the right to revoke a degree awarded from the University for fraud, misrepresentation, or other violation of University policies, procedures, or directives in obtaining the degree or for other serious violations committed by a student prior to graduation.
   10. Other Sanctions
       1. The University reserves the right to impose other sanctions as necessary to remain consistent with the mission and values of Concordia University Texas. These may include but are not limited to a mandated psychological assessment, research projects, drug/alcohol classes or testing, proof of employment, or attendance at classes, etc.
3. Residential Life Specific Sanctions
   1. Permanent Housing Removal
      1. The student is immediately removed from university housing with no ability to return.
      2. Any student permanently removed from university housing for disciplinary reasons must vacate the hall within the period of time noted in the notice of removal (typically immediately).
      3. The student may not return to any residence hall without prior written permission from the Dean of Students or designee. Failure to comply with this request will constitute criminal trespass.
      4. Anyone removed from housing for disciplinary reasons remains subject to the termination clause of the housing contract, including payment of any fees or penalties.
   2. Temporary Housing Removal
      1. The student is immediately removed from university housing for a set period of time with an ability to reapply to return to university housing.
      2. Any student removed from university housing for disciplinary reasons must vacate the hall within the period of time noted in the notice of removal (typically immediately).
      3. The student may not return to any residence hall without prior written permission from the Dean of Students or designee. Failure to comply with this request will constitute criminal trespass.
      4. Anyone removed from housing for disciplinary reasons remains subject to the termination clause of the housing contract, including payment of any fees or penalties.
   3. Housing Relocation
      1. The student is immediately removed from a specific room or residence hall within university housing and reassigned to another room or residence hall.
      2. Any student removed from any specific room or residence hall within university housing for disciplinary reasons must vacate that room or hall within the period of time noted in the notice of relocation (typically immediately). The student may not return to the room or residence hall from which they were removed without prior written permission from the Dean of Students or designee. Failure to comply with this request may constitute criminal trespass and will result in more severe disciplinary action.
4. Student Organization Sanctions
   Disciplinary sanctions may be imposed upon student organizations when they have been found responsible for violating the Student Code of Conduct. All sanctions may be imposed either individually or in combination. Disciplinary sanctions hold student organizations and their members accountable for their actions and the actions of their guest(s), whether on campus or at any organization-sponsored function. The following disciplinary sanctions may be imposed:
   1. Permanent Revocation of Organizational Registration
      1. "Permanent Revocation" of the organization's registration means revocation without the ability to apply for new registration.
      2. Any organization whose registration is permanently revoked must cease all organizational activities upon receipt of the notice of permanent revocation.
      3. Any member of an organization whose registration has been permanently revoked shall relinquish any appointed or elected office held with that organization's governing body.
      4. Balances of all organizational funds granted by the University and/or the Student Government and Leadership Association are to be surrendered to the Dean of Students or designee.
      5. Office or housing space assigned by the University shall be vacated within five business days (an organization under emergency suspension may be required to vacate space more quickly) from the date the notice of suspension is issued. Space vacated due to revocation may be reassigned to other eligible University organizations.
   2. Suspension
      1. Suspension means a denial of the rights and privileges of a registered organization for a specified period of time.
      2. Any organization whose registration is suspended must cease all organizational activities upon receipt of the notice of suspension.
      3. Any member of a suspended organization may not hold an appointed or elected office with that organization's governing body for the duration of the organization's period of suspension.
      4. Balances of all organizational funds granted by the University and/or the Student Government and Leadership Association are to be surrendered to the Dean of Students or designee.
      5. Office or housing space assigned by the University shall be vacated within five business days (an organization under emergency suspension may be required to vacate space more quickly) from the date the notice of suspension is issued. Space vacated due to suspension may be reassigned to other eligible University organizations.
      6. Approval to reapply for registration as a student organization must be granted by the Dean of Students or designee. Office or housing space assigned prior to suspension will not automatically be reassigned. The organization may reapply for a space assignment, subject to availability. Suspended organizations will automatically be placed on probationary status for a minimum of one academic year following their renewed registration. 
   3. Probation
      1. Probation is a period of review and observation during which a student organization is under official notice that subsequent violations of University rules, regulations, or policies could result in a more severe sanction, including but not limited to suspension. During the probationary period, a student organization is deemed "not in good standing" with the University and may be subject to one or any combination of the following conditions and/or restrictions:
         1. Denial of the right to represent the University
         2. Denial of the right to maintain an office or other assigned space on University property
         3. Denial of the privileges of:
            1. Receiving or retaining funding.
            2. Participating in intramurals. 
            3. Sponsoring any social event.
            4. Sponsoring any speaker or guest on campus. v. Participating in any social event.
            5. Co-sponsoring any social event or other activity.
            6. Membership recruitment.
   4. Warning
      1. A warning is an official written reprimand making the misconduct a matter of record in University files for a specified period of time. Any further misconduct may result in further disciplinary action.
   5. Conditions/Restrictions
      1. Conditions/restrictions are limitations placed upon a student organization's privileges for a period of time and/or an obligation to complete a specified activity or activities. This sanction may include, for example, denial of office or housing space, social privileges, etc.
   6. Restitution/Fines
      1. An organization may be ordered to make restitution or to pay a fine when the organization has engaged in conduct including but not limited to the damage or destruction of property, the theft or misappropriation of property, fraudulent or disruptive behavior, violations of the alcohol and/or drug policies, or violations of the fire safety policies. Such property may belong to an individual, group, or the University.
      2. Restitution may be in the form of financial payment, community service, or other special activities designated by the hearing authority.
      3. Additional fines may be assessed as a punitive measure.

I. Appeals

Request an Appeal Form

1. 1. Any party to a complaint (the Complainant or Respondent) may submit a Request for Appeal (RFA) form to the Provost/Executive Vice President or designee (hereinafter the “RFA Reviewer”).
   2. All sanctions instituted by the original hearing committee are to be implemented, barring extreme exigent circumstances. Final exams, graduation, and/or proximity to the end of a term are not considered exigent circumstances.
   3. The presumptive stance of the RFA Reviewer is to be that the original hearing body was correct in its initial finding. The burden is on the appellant to show error as outlined below in the Grounds for Appeal.
   4. Appeals are not intended to be full re-hearings of the allegation(s). In most cases, appeals are confined to a review of the written documentation or record of the original hearing and pertinent documentation regarding the grounds for appeal. No interviewing of or testimony by the parties is appropriate.
   5. The RFA Reviewer may, at his/her discretion, request information regarding procedure from the Investigator, hearing committee, or hearing officer. Ideally, this information would not be necessary, as it should be included in the written requests and/or response memorandums.
2. Grounds for Appeal
   1. There are three grounds for appeal:
      1. A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g., substantiated bias, material deviation from established procedures).
      2. There is new evidence unavailable during the original hearing or investigation to be considered that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
         Note: When a party fails to provide a statement during an investigation, under the advice of counsel or otherwise, and subsequent to the hearing decides to provide a statement, it will not be considered “new evidence.” Additionally, subsequent findings of a criminal or civil court (e.g., dismissals, plea bargains, settlements) will not alone constitute sufficient grounds for appeal but may be considered by the RFA Reviewer if new evidence was the grounds for the said finding.
      3. The sanctions fall outside the range of sanctions the University has designated for this offense. As the Dean of Students, designee, or Title IX Coordinator reviews all sanctions, this ground for an appeal is appropriate in matters only where the Dean of Students, designee, or the Title IX Coordinator review has not taken place.
3. Disciplinary Appeals Committee (DAC)
   1. The Disciplinary Appeals Committee (DAC) consists of staff and faculty candidates selected by the Provost/Executive Vice President or designee. It is comprised of three trained staff and/or faculty members.
   2. In certain cases, the Provost/Executive Vice President or designee may chair the DAC or may serve as the DAC (e.g., when members of the DAC cannot be utilized due to timeliness, bias, etc.).
4. Request for Appeal (RFA) Review Procedures
   1. An RFA must be submitted in writing to the RFA Reviewer within three business days of notification of the outcome of the formal hearing. All outcomes are assumed to be received by all parties within the three-business day timeline.
      1. Any RFA not filed in a timely fashion will be denied. No exceptions to this timeline are permissible without the express permission of the RFA Reviewer.
   2. The RFA Reviewer (who should not have been involved in the investigation) will review all RFAs to ensure the request has standing.
      1. The RFA Reviewer reviewing the RFA may consider credibility, plausibility, and weight in their assessment of the RFA.
   3. Any RFA will be shared with all parties (Respondent, Complainant, Investigator, and hearing committee/hearing officer) who may respond to the RFA in a “response memorandum.”
      1. All response memorandums must be submitted to the RFA Reviewer for consideration within three days of notification of the RFA.
      2. All response memorandums will be shared with all parties.
   4. The RFA Reviewer, after considering all RFAs and response memorandums, will make one of the following determinations within three business days of receiving the final response memorandum.
      1. The RFA is denied; thus, the findings of the original hearing panel are affirmed. This decision is final, and there is no appeal to this decision permitted by any party.
      2. The RFA is denied in part and being forwarded in part for consideration.
      3. The RFA is being forwarded for consideration to the DAC.
   5. Any decision will be communicated to all parties within three business days of the RFA Reviewer’s decision.
5. Disciplinary Appeals Committee (DAC) Procedures
   1. Forwarded RFAs will be considered, decided, and communicated to all parties in writing within five business days of receipt from the RFA Reviewer.
   2. Decisions of the DAC are limited to the following:
      1. Affirming the decision of the original hearing body.
      2. Remanding the case back to be reheard by a new hearing committee/hearing officer. This is typically done in cases where the procedural error is so profound as to render the original committee too biased or influenced.
      3. Remanding the case back to the original hearing body with instruction to repair the procedural error. In cases where the DAC determines that the new evidence, unavailable during the original hearing or investigation, is now available and could substantially impact the original finding or sanction, it will either:
         1. Remand the case back to the original hearing body with instruction to consider the new evidence. In these cases, the original hearing body will convene solely to consider the new evidence. Whether all parties are required to be in attendance is at the discretion of the hearing committee/hearing officer.
         2. Remand the case back to be reheard in its entirety by a new hearing committee/hearing officer. This is typically done in cases where the new evidence is accompanied by a procedural error so profound as to render the original committee too biased or influenced.
   3. In rare cases, the DAC may alter the finding(s) or sanction(s) based on the new evidence. This will be done in cases only where reconvening the committee would put an undue burden on the parties (e.g., the committee is not available).
   4. In cases where a new committee is convened or the original hearing committee is reconvened, the appellate process may still be available to the parties but only on the outcomes and proceedings of the most recent hearing and subject to the same grounds and restrictions. There are no appeals procedures applicable to a decision affirming the original findings.
   5. Decisions of the DAC are final.

The following individuals have been designated to handle inquiries regarding the University’s non-discrimination policies:

Dr. Kristi Kirk, Provost and Executive Vice President Location: C-108 (first floor of Cedel Hall)
Email: Kristi.Kirk@concordia.edu
Phone: 512.313.4601
(Responsible for employee-related inquiries)

Additionally, complaints may also be filed with the U.S. Department of Education’s
Office for Civil Rights:

Dallas Office for Civil Rights U.S. Department of Education
Location: 1999 Bryan Street, Suite 1620, Dallas, Texas, 75201-6810
Email: ORC.Dallas@ed.gov
Phone: 214.661.9600 Fax: 214.661.9587
TDD: 800.877.8339
U.S. Department of Education’s Office for Civil Rights

Prohibition of Discrimination and Harassment Policy
Concordia University Texas strives to maintain a living, working, and learning environment that is free from discrimination and harassment. Discrimination and/or harassment against any student, employee, or visitor of Concordia University Texas or any other person associated with the University are contrary to the religious and moral tenets and the mission of Concordia University Texas. Such conduct may also violate state and federal laws.
It is the policy of the University to provide an equitable complaint process for a prompt, fair, and impartial investigation of complaints and the issuance of sanctions against individuals who are found in violation of this policy.

The University, as a Christian educational institution, reserves the right to give preference in employment based on religion as permitted by Title VII of the Civil Rights Act of 1964.

Concordia University Texas is committed to respecting all members of the University community and providing a quality educational experience for all students. To that end, Concordia University Texas has established this complaint policy and procedure to provide students with a process for addressing complaints or grievances regarding any aspect of their educational experience. Students are encouraged to resolve complaints or grievances at the appropriate level of dispute. However, should this approach fail or be inappropriate, students may submit a formal complaint to the Provost/Executive Vice President describing the treatment, action, or decision at issue and the remedy sought.

To file a formal complaint, students should utilize the online Incident Reporting Form and provide the following information:

• Student name
• Telephone and email contact information
• Details regarding your complaint
• Evidence that supports the complaint and how it can be verified  What harm has resulted
• The actions already taken to resolve this issue and who has been consulted
• The remedy or solution you seek for this complaint

The full procedure is available on the Complaints page of the Concordia University Texas website.

All student complaints must first be addressed internally. If the internal resources have been exhausted and the complaint is not satisfactorily resolved, the student may file a complaint with the regulatory agency in the state that he or she is receiving instruction and/or the institution's accrediting agency. Contact information for these agencies is below.

Texas Higher Education Coordinating Board

Office of the General Counsel

P.O. Box 12788 Austin,

TX 78711

For more information, visit the THECB student complaint webpage.

Southern Association of Colleges and Schools

Commission on Colleges 1866 Southern Lane Decatur, Georgia 30033-4097

404.679.4500

For more information, visit the SACSCOC webpage.

The Commission requests that they be contacted only if there is evidence that appears to support an institution's significant non-compliance with a requirement or standard.