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Approved by University Council July 8, 1994
The University is committed to complying with all applicable federal and state laws and regulations.
Admission to the university is open to anyone qualified according to published admissions standards and resource limitations. The university must make available to all students publications which denote academic and behavioral standards required of all who register at this institution.
No student may be harassed or discriminated against on the basis of race, color, religion, gender, age, sexual orientation1, mental or physical disability, veteran status or national origin by the university or any member of the university community, in or outside the classroom. The university fully supports equal opportunity and affirmative action.
1Defined as gay, lesbian, bisexual and heterosexual
The rights of free speech, expression, and association, as defined by the Constitution of the United States and developed by statutory laws and judicial decisions, are guaranteed to every member of the university community.
Students have the right to be secure in their persons, papers, and effects against unreasonable searches and seizures.
It is university policy to comply fully with the provisions and regulations of the Federal Family Education Rights and Privacy Act of 1974. In that regard, the university will protect student educational records from unauthorized dissemination, and will provide students with access to their educational records as provided by law.
University policy guarantees the right of students to participate in the initiation and development of university policy through shared governance.
Students have the right to have their views considered at appropriate levels of the decision-making process within the university community.
The university recognizes the right of students to form organizations not forbidden by federal laws, state laws, or university policy. Student organizations must be registered and approved through the procedures established in "Student Organizations Policies" designated in these policies.
Student publications may deal with issues of interest and importance to the university community. At the same time, the editorial freedom of student editors and managers entails corollary responsibilities to be governed by the canons of responsible journalism, such as the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, and the techniques of harassment and innuendo.
Approved by University Council July 8, 1994
Each member of the university community is expected to exercise responsibility and to govern his or her conduct by legal and moral standards and by ethical judgment even when those standards are disregarded by others. It is assumed that students, having voluntarily enrolled in the university community, will be responsible members and will abide by the regulations and accepted practices of the university until such time as these may be changed by orderly procedure.
The University of Houston-Clear Lake encourages student self-government and self-discipline within the framework of its general objectives. It is the responsibility of the university to examine its policies and practices continuously. Students are encouraged to participate in this process through recognized student organizations, the student newspaper, and appropriate investigations, questioning, discussion, and criticism.
Generally, university jurisdiction and discipline shall be limited to conduct which occurs on university premises or at university sponsored events off campus.
Any student found to have committed the following acts of misconduct is subject to the disciplinary sanctions outlined in a following section.
Incidence of academic honesty as defined in the Academic Honesty Policy will be subject to procedures and sanctions defined therein.
In certain circumstances, the Dean of Students (or a designee) may impose a university suspension prior to the disciplinary hearing.
Approved by University Council July 8, 1994
It is the desire of the Student Services staff to provide an atmosphere and a forum through which any non-academically related complaint or grievance can be pursued by any currently enrolled student against any other currently enrolled student. Students are therefore encouraged to bring these concerns to the Office of the Dean of Students.
Students may schedule an appointment with the Dean of Students (or a designee) to discuss any concern or complaint, or to learn how to pursue the grievance of a decision made elsewhere in the university. The dean will work with the student informally toward resolution of the difficulty. If, after exhausting available options, the student feels that a resolution has not been attained, the student may be entitled to file a formal grievance.
Any currently enrolled student may file a formal grievance of a non-academic nature by submitting the details of the incident or concern in writing to the Student Life Council through the Dean of Students. At its next scheduled meeting, the Student Life Council will review the grievance and any supporting documentation and submit a finding regarding the grievance through the Dean of Students. The findings of the Student Life Council are final.
These procedures comply with Title IX of the Educational Amendments of 1972 by providing a mechanism for students to address grievances that arise over alleged discrimination on the basis of race, color, religion, gender, age, sexual orientation, mental or physical disability, veteran status or national origin.
Five members (exclusive of the chairperson) including one faculty member and one administrator
In accordance with laws of the state of Texas, recommendations regarding the allocation of student service fees and student service fee levels are made each year by the Student Life Council in accordance with current student service fee budget allocation procedures.
The Family Educational Rights and Privacy Act of 1974 is a federal law stating (a) that a written institutional policy must be established and (b) that a statement of adopted procedures covering the privacy rights of students be made available. The law provides that institutions will maintain the confidentiality of student education records.
UHCL accords all the rights under the law to students who are declared independent. No one outside the institution shall have access to, nor will the institution disclose, any information from students' education records without the written consent of students except to personnel within the institution, to officials of institutions in which students seek to enroll, to persons or organizations providing students financial aid, to accrediting agencies carrying out their accreditation function, to persons in compliance with a judicial order and to persons in an emergency in order to protect the health or safety of students or other persons. All these exceptions are permitted under the act.
Within UHCL, only those members individually or collectively acting in students' educational interest are allowed access to student education records. These members include personnel in the office of the president, senior vice president and provost, vice president for administration and finance, deans, associate deans, student services, computing services, cashier, accounting, career and counseling services, student life, health center, financial aid, member of academic, grade and honesty appeal committees and academic personnel within the limitations of their need to know.
At its discretion, the institution may provide directory information in accordance with the provisions of the act to include: student name, address, e-mail, telephone number, verification of date and place of birth, major field of study, dates of attendance, courses attended, classification, hours enrolled, date of graduation, degrees and awards received, the most recent previous educational agency or institution attended by the student, participation in officially recognized activities and sports.
Students who do not wish that public information (including their name, address and phone number) be released are responsible for notifying the Office of Enrollment Services during the first week of classes to insure that information is not released by the university or published in the student directory. A request made to withhold public information remains in effect until revoked in writing.
The law provides students with the right to inspect and review information contained in their education records, to challenge the contents of their education records, to have a hearing if the outcome of the challenge is unsatisfactory and to submit explanatory statements for inclusion in their files if they feel the decisions of the hearing panel to be unacceptable. Information about this inspection and review process can be obtained in the Office of Enrollment Services.
Approved by University Council July 8, 1994
The university recognizes (1) the importance of organized student activities as an integral part of the total educational program of the university; (2) that university learning experiences are enriched by student organizational activity; and (3) that organizations provide a framework for students within which they may develop their own special talents and interests. Inherent in the relationship between the university and organized student groups is the understanding that the purposes and activities of such groups should be consistent with the objectives and mission of the university.
In some cases, a group may wish to organize for some short-term goal (one which can be accomplished in less than one academic year) such as the passage of a particular piece of legislation or to conduct a particular event. Upon request, the Director of Student Life will consider waiving the requirements for filing a constitution and formal statement of purpose. Recognition will automatically expire on the date indicated on recognition forms.
NOTE: Organizations funded by university monies (including Student Government Association funding allocations or funding from any program or office within the university) may disburse such monies only in accordance with state and university regulations. Such monies may be disbursed via regular university purchasing procedures. These requirements in no way preclude the right of the organization to solicit funds or disburse monies that are not derived from the university, according to the organization's bylaws. The university assumes no liability for the financial transactions of a given student organization and strongly recommends that each organization establish whatever controls it deems necessary via the organization's constitution and/or bylaws.
F. To work cooperatively with the Student Life staff in conducting organization operations and activities. The Student Life staff and the Dean of Students will serve in an advisory capacity to all recognized student organizations.
G. To update any of the information supplied to the Student Life Office within two calendar weeks of the change. This includes changes in the constitution, officers, membership requirements, needs of the organization and/or authorized signatures for bank accounts. In addition, new officers who are authorized signatures on the organization bank account shall complete ‘part b' of a second copy of the UH-Clear Lake Bank Account Authorization Form, which will be kept on file in the Student Life Office until those individuals leave office and must be removed from the bank account authorization list.
H. To provide to the Student Life Office at the end of each fall and spring semester a complete written accounting of all income and expenditures of the organization for the previous semester. Such an accounting is required as a prerequisite for recognition for the subsequent academic year.
Due to the nature of their particular organizational role and scope, the following groups have been given special status as indicated:
The Student Government Association (SGA) is a representative body, composed of an internally elected representative from each of the recognized student organizations on campus.
Student honor societies are organized on campus to recognize outstanding achievements of students in a particular field or endeavor, or to commend overall scholastic achievements. Academic and scholastic honor societies are the responsibility of the Office of the Senior Vice President for Academic Affairs. In addition, honor societies are eligible to be recognized as campus student organizations and in doing so are entitled to all rights and subject to the Responsibilities of Student Organizations.
The university is committed to the organization of student publications on campus with an overall benefit to the university community. The UHCLIDIAN newspaper and the Bayousphere literary magazine are recognized on-campus student publications. The university recognizes the contributions that can be made to the university only by a student-managed, and student-operated newspaper. Accordingly, UHCL fully endorses the concepts of freedom of press and freedom of speech as established by the Constitution of the United States as well as federal and state laws. Within these boundaries, the university is committed to the support of a student newspaper that serves the various needs of the academic community at large and secondarily, the needs of the surrounding community. The following rights and responsibilities as well as the above-mentioned constitutional guarantees become the framework by which the recognition of the UHCL student newspaper is initiated and maintained.
Approved by University Council July 8, 1994
Recognized university organizations and academic program areas may invite any speaker to speak on any subject on campus provided that:
These policies do not apply to speakers invited by faculty members to address their classes.
Persons on the premises of the university or utilizing its services may be required to furnish acceptable proof of identity to university officials. Students are encouraged to carry a validated student ID card with them.
It is university policy that no otherwise qualified disabled individual shall, solely by reason of disability, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any academic or student services program or activity. Disabled students may request academic adjustments and auxiliary aids through the Coordinator of Health and Disability Services Office (SSCB 1301).
UHCL, by contract, grants the exclusive right to a food service contractor to manually sell food and beverages. Contract provisions do allow for bake sale activities as approved by the Dean of Students, under the following guidelines:
The following regulations are designed to provide an uncluttered aesthetic environment and the orderly use of university property.
Approved by University Council April 30, 1997
Academic appeals include those appeals related to grades and academic programs or degree requirements. Specific instructions are provided below for each type of academic appeal. In all instances, the university expects that every attempt will be initially to resolve such disputes informally though discussions by all relevant parties prior to initiating formal procedures.
All appeals relating to specific course grades require that students first seek a satisfactory solution with the instructor. If this is not possible or the instructor cannot be reached, the student must send a written statement detailing the grounds for the appeal to the associate dean of the school in which the grade was earned. This written request must be received by the associate dean within 45 days from the calendar date when grades are available in the UHCL class schedule for that semester. The associate dean will then initiate the appropriate procedures to review the appeal. The student will be notified in writing of the decision. The student may appeal this decision in writing to the dean within 15 working days of notification. The dean's decision is final on all grade appeals.
All appeals relating to specific program requirements or certification requirements (e.g., residency requirements, master's degree option decisions) require that students submit a written petition to the associate dean of the degree-granting school detailing the grounds for the appeal. The associate dean will respond in writing with a decision. The student may appeal this decision in writing to the dean within 15 working days of notification. The dean's decision is final.
Approved by University Council April 30, 1994
Academic honesty is the cornerstone of the academic integrity of the university. It is the foundation upon which the student builds personal integrity and establishes a standard of personal behavior. The University can best function and accomplish its mission in an atmosphere of the highest ethical standards. The University expects and encourages all students to contribute to such an atmosphere by observing all accepted principles of academic honesty. This policy is designed to encourage honest behavior and is jointly administered by faculty and students.
The Honesty Code is the university community's standard of honesty and is endorsed by all members of the University of Houston-Clear Lake academic community. It is an essential element of the University's academic credibility. It states:
I will be honest in all my academic activities and will not tolerate dishonesty.
Joint Responsibility: Students and members of the faculty are jointly responsible for maintaining the academic integrity of the University by following the Academic Honesty Code and by refusing to participate in or tolerate scholastic dishonesty.
Student Responsibility: All students at the University of Houston-Clear Lake are expected to maintain complete honesty and integrity in all academic work attempted while enrolled at the University. This standard of conduct includes reporting incidents of alleged violation of the honesty policy to the instructor involved or, if necessary, to the appropriate academic dean. Each student acknowledges, by the mere act of turning in work for a grade, that he or she has honored the Academic Honesty Code.
Faculty Responsibility: Faculty is responsible for helping students comply with the Academic Honesty Policy by noting the Honesty Code on the class syllabus. Instructors should help minimize student temptation to violate the code by enacting adequate security precautions in the preparation, handling, and administering of graded work. Instructors are responsible for discussing incidents of alleged violation of the Honesty Code with the student involved, outlining authorized penalties for violation of the Honesty Code, and notifying the student's academic dean of record and the Dean of Students when a determination has been made that a student has violated the Honesty Code, regardless of which type of academic sanction the instructor chooses to administer.
While all students are expected to maintain the highest standards of personal academic honesty, it is recognized that some students may not meet these standards. This policy is designed to address, in a uniform manner, cases of alleged violation of the Honesty Code.
Honesty Code Violations: Any conduct or activity by a student intended to earn or improve a grade or receive any form of credit by fraudulent or dishonest means is considered an Honesty Code violation. In addition, engaging in any conduct including the following examples which a reasonable person in the same or similar circumstances would recognize as academic dishonesty is considered a violation. Examples of violations of the Honesty Code include, but are not limited to, the following:
The faculty has primary responsibility and authority in the classroom. Since each instructor has specific responsibilities to inform students of the contents of the Honesty Code, encourage compliance with the Honesty Code, and enforce the Honesty Code in the classroom, it is incumbent upon the instructor to administer the Academic Honesty Policy in a fair and judicious manner in all instances of alleged academic dishonesty
When an instructor has evidenced that a violation of the Honesty Code may have occurred, whether through his or her personal witness or through a report made by another person, he or she should immediately investigate the alleged violation to determine the facts.
If a student or other member of the University community suspects that another student has committed an act of academic dishonesty, that person shall notify the instructor in the course in question, and the instructor shall notify the student of the allegation.
When informing a student that an alleged violation has occurred, the instructor will set a meeting date and time within ten working days with the student to discuss the alleged violation. The student may then present a defense in his or her own behalf.
In the event a case of academic dishonesty is not resolved prior to the deadline for reporting final grades to the registrar, the student shall receive a grade of Incomplete ("I") until the appropriate grade can be determined.
If the instructor determines that a violation has occurred, he or she must:
After determining that the student has violated the Honesty Code, the instructor may impose one of the following sanctions:
Sanctions which involve a grade penalty for the course or lesser penalty shall be deemed a minor offense. If the student accepts the penalty and chooses not to appeal through the Dean of Students office, the matter is considered closed. If the instructor determines that greater sanction (i.e., probation, suspension, or expulsion) should be imposed, or if the instructor has previously sanction that same student, the situation becomes one of a major offense. All such cases must be referred to the Dean of Students to initiate a formal hearing before the Academic Honesty Council.
If an instructor determines that a student has committed an act of academic dishonesty and such act warrants sanction more severe than a grade penalty for the course, he or she must attach a copy of the complaint to the Honesty Code Violation Form. The instructor and student each retain a copy of the form and the complaint, a copy is forwarded to the student's academic dean of record, and the original is forwarded to the Dean of Students within ten working days. If the student is a non-degree objective (NDO) student, a copy is forwarded to the Associate Vice President for Academic Affairs. The instructor shall recommend what he or she believes to be the appropriate sanction to the Academic Honesty Council. The Dean of Students will initiate a formal hearing process as soon as possible but no later than thirty days of receipt of the complaint, notifying the student of the alleged violation and setting a date and time for the hearing before the Academic Honesty Council.
If the Dean of Students has received two or more reports of academic dishonesty for the same student, this constitutes a major offense, and he or she must initiate a formal hearing process, notifying the student's academic dean of record and the student of the series of alleged violations and setting a date and time for a hearing before the Academic Honesty Council. If the student is a non-degree objective (NDO) student, the Associate Vice President for Academic Affairs is notified.
The Academic Honesty Council will serve as a hearing board for cases of violation of the Honesty Code. The Academic Honesty Council will be constituted by having each school elect a faculty representative and an alternate. The Student Government Association will select a pool of students for each school. Each school dean will select a student representative and an alternate from the school's pool of students. The Associate Dean representative and an alternate will be selected by the Associate Deans. Members of the Academic Honesty hearing panel for a specific case will not include a member involved in the case of violation of the Honesty Code nor any person who serves on the University Review Board. Members are selected prior to the beginning of each academic year for a one year term to begin September 1 through August 31 and they may serve consecutive terms. The Dean of Students will serve as a nonvoting chairperson. The Council shall convene a hearing panel within ten working days of being notified by the Dean of Students.
The student and instructor will present their sides of the case along with any evidence, and each may call any relevant witnesses. Procedures for the hearing process for disciplinary hearings detailed in Student Life Policies will apply. The Academic Honesty Council deliberates and renders a decision of whether the Honesty Code was violated. The Council will either uphold the instructor's recommendation for sanction or may impose a lesser sanction. The Council may not impose a more severe sanction than the one recommended by the instructor, unless such severe sanction is deemed appropriate by the Council based on documented repeat violations of the Academic Honesty Policy by that student.
The Dean of Students will implement the decision of the Academic Honesty Council in a registered letter to the student, with a copy to the instructor involved, the academic dean of record, and the registrar (when sanctions so require). If the student is a non-degree objective (NDO) student, a copy is forwarded to the Associate Vice President for Academic Affairs. This letter will also contain notice that the student may appeal the Council's decision, according to the rules governing appeals in Student Life Policies.
Appeals will be heard by the Sr. Vice President/Provost only on the basis of the records of previous deliberations. Review of the sanction on appeal my not result in more severe sanction(s) for the accused student. The decision of the Sr. Vice President/Provost is final.
After determining that the student has violated the Honesty Code, the Council may impose one or more of the following sanctions, based on the instructor's recommendation:
The Dean shall retain a copy of all Honesty Code Violation Forms. If the sanction imposed is a final grade penalty, suspension or expulsion, the registrar's office is notified and a record of the notification is maintained in the registrar's office according to the prescribed operating procedures of that office.
If the student is found in violation of the Honesty Code and the penalty is anything except suspension or expulsion, the form does not become a part of the student's permanent record or transcript. Instead, it is retained by the Dean of Students.
If the student is found in violation of the Honesty Code and the penalty is suspension or expulsion, the record becomes part of the student's permanent academic file and the notation of "Disciplinary Suspension" or "Disciplinary Expulsion" is placed on the transcript. In the case of suspension, the notation will be removed at the conclusion of the specified suspension period at the written request of the student. In the case of expulsion, the entry is noted permanently.
Approved by University Council July 8, 1992
The purpose of the policy on AIDS is to address the issue of Acquired Immune Deficiency Syndrome (AIDS) and to establish guidelines for responding to AIDS within the campus community. The university acknowledges its responsibility to promote a safe, healthy, and supportive campus community. AIDS has become a global health issue; the university addresses related issues in this policy statement.
AIDS is a chronic progressive condition that compromises the immune system of the body leaving it susceptible to certain opportunistic infections and cancers that rarely threaten the healthy immune system. AIDS is generally a fatal disease. Since its onset in the U.S., AIDS has become a public health priority. The number of AIDS-related cases has increased dramatically over the past few years. In addition, officials report that many others have been infected with the Human Immunodeficiency Virus (HIV). HIV-positive people can transmit the virus, although they appear healthy and may be unaware of their infection. Medical evidence indicates that people with AIDS pose no risk of transmitting the virus to others through ordinary, casual interpersonal contact and no actual risks are created in the usual workplace or academic setting. However, because there is neither a vaccine to prevent HIV infection nor curative therapy for persons infected with HIV, the most pressing need for institutions will be to implement programs that increase awareness and provide education to prevent further spread of the virus.
3.1 Discrimination against students with AIDS, AIDS-Related Complex (ARC), HIV infection or a related condition is prohibited.
3.1.1 Admissions decisions will not be made on the basis of known or suspected infection with any of the conditions listed herein.
3.1.2 Admission questions regarding whether or not an applicant is infected with any of these conditions are illegal and prohibited.
3.1.3 Admission questions regarding an applicant's sexual orientation are illegal and prohibited.
3.2 A student with a suspected or confirmed diagnosis of AIDS, AIDS-Related Complex (ARC), HIV infection or a related condition shall be treated like any other student with an illness, e.g., if able to attend class, shall be allowed to attend.
4.1 An employee's and student's medical diagnosis, if known, is considered privileged information and will not be released without the employee's permission except as provided by law.
4.2 No employee or student will be asked to provide information as to his or her sexual orientation.
A university committee will be established to review AIDS-related issues and make recommendations. The committee will be responsible to:
5.1 review the policy and suggest revision
5.2 review problems on a case-by-case basis and make recommendations for their disposition
5.3 recommend or coordinate educational programs
5.4 address new AIDS-related issues as they arise.
This policy applies to all university students, faculty, and staff. Failure to comply with the terms of this policy may be grounds for suspension or expulsion from university educational programs and/or disciplinary action or dismissal from employment.
7.1 Educational Pamphlet
7.1.1 AIDS educational pamphlets will be provided for every employee annually. The pamphlet will be the Texas Department of Health's educational pamphlet or a pamphlet based on the model developed by the TDH. The pamphlet will be provided to new employees on the first day of employment and to all employees annually.
7.1.2. This educational pamphlet will also be available at various locations including the Health and Disability Services, Career and Counseling Services, and the Student Life Office upon student's request.
7.2 Information on Prevention Provided to Students
7.2.1 The Student Service component should routinely offer student education based on the model HIV education and prevention program developed by the TDH and tailored to the students' cultural, educational, language, and developmental needs.
7.2.2 The university's policy concerning AIDS will be published in the "Student Life Policies" which is made available to every student at the beginning of each semester.
7.2.3 A copy of the American College Health Association report, AIDS on the College Campus, will be made available in the Health Center.
Confidential psychological counseling about issues related to AIDS will be available to students, faculty, and staff at the UHCL Career and Counseling Services Office. Support will be provided by professional counselors and psychologists on concerns such as the fear of contracting AIDS, stresses resulting from the occurrence of symptoms of HIV infection, lifestyle adjustments necessitated by the threat of HIV infection, relating to loved ones who have AIDS or losing a loved one to AIDS. Referrals to other counseling and support services will also be provided.
9.1 Mandatory Testing
The university will not require HIV testing of either employees or students.
9.2 Voluntary Testing and Counseling
The University of Houston-Clear Lake Health Center will offer confidential testing for the HIV virus to all students, staff, and faculty upon request following the guidelines set by the American College of Health Association. Mandatory pre and post test counseling is provided by a staff person listed with the Texas Registry or by the university physician. Referrals for testing at other sites in the area are also available.
9.3 Informed Consent
All HIV testing done in the Health Center will require informed consent of the person to be tested. Consent will be written on a separate form, or the medical record will document that the test has been explained and consent has been obtained.
9.4 Reporting of HIV Positive
Positive HIV test results will be reported in compliance with all applicable statutory requirements.
9.5 Confidentiality of Medical Records
All records with information concerning HIV status of students, staff, or faculty will be kept strictly confidential and not released without written consent of the patient.
9.6 Patient Care
Patients with positive HIV tests will be evaluated and referred to follow up care on an individual basis relevant to their needs.
There are millions of American individuals adversely affected by their progressive dependence on drugs or alcohol. Recent surveys in 2002 indicate an estimated 20% among young adults aged 18 to 25 years were current illicit drug users compared to 6% among adults aged 26 or older. Out of an overall population of 120 million Americans aged 12 or older, 51% are current drinkers of alcohol, 6.7% are heavy drinkers, and 23% participated in binge drinking at least once in the 30 days prior to the survey. Reports from 1995 indicate that approximately 40% of the total $276 billion costs dealing with drugs or alcohol abuse are financed by the American public.
The abuse of drugs and alcohol can lead to a variety of serious consequences including: poor academic performance; poor decision making; poor morale; work errors; wasted time and materials; damage to equipment; theft; tardiness; absenteeism; accidents which injure the drug abuser; accidents which put employees and students at risk of injury; and may lead to disciplinary action, prosecution, illness, and even death. Abusers of these substances experience depression, isolation, loss of memory, loss of coordination, impaired judgment, reduced morale, anxiety, paranoia and loss of self respect.
The unlawful use of drugs or abuse of other drugs and alcohol is inconsistent with the behavior expected of members of the university community. The university is committed to the development and maintenance of a drug-free environment on the campus as well as an environment that prohibits the abuse of other drugs and alcohol and has a drug and alcohol abuse prevention program in operation, accessible to all members of the university community. The university is committed to the further expansion of that program and the dissemination of drug awareness information to the members of the university community. In addition, the university is committed to enforcing the provisions of the Drug Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989 and believes that these acts and their regulations provide a proper framework for the drug and alcohol abuse policies of the university.
The following terms are important for purposes of expressing the university's policy on a drug free workplace:
It is the policy of the university that illicit drug use, including the manufacture, sale, distribution, dispensation, possession, or use, is prohibited in the workplace, on the campus, or as part of any university activities. Sanctions imposed for violation of this policy are indicated below.
The Drug and Alcohol Abuse Prevention Policy is supported by a drug free awareness and alcohol education program available to the faculty, staff and students of the university. Specific compliance and reporting items enumerated in the policy (items B,C,D,E) are applicable to all persons employed on federal contracts and grants.
In support of this policy, the university:
Implementation of this policy is a joint responsibility of the Office of Human Resources, the Office of Sponsored Programs, University Police and the Student Services division.
The university policy prohibiting the unlawful possession, use, or distribution of illicit drugs and alcohol on the campus and at university-sponsored events held off campus is for the support and protection of employees and students of the University of Houston-Clear Lake. Therefore, any employee admitting to or convicted of the unlawful possession, use, or distribution of illicit drugs and alcohol on the campus or at university-sponsored events held off campus, will be subject to disciplinary action in accordance with the Discipline and Dismissal of Non-faculty policy. Further, the employee may be referred for criminal prosecution and may be required to participate in a satisfactory manner in a drug and alcohol assistance or rehabilitation program. Referrals to rehabilitation programs will be as a result of joint consultation between the employee, the Employee Assistance Program, and the Office of Human Resources. Supervisors who suspect that an employee may be in violation of this policy or may be under the influence while at work, must consult with the Executive Director of Human Resources and/or the University Police Department before any action is taken.
Any student found guilty of violating Student Life Policies regarding the unlawful possession, use, or distribution of illicit drugs and alcohol on campus or at university-sponsored events held off campus will be subject to disciplinary action. This action consists of penalties up to and including probation, suspension, and expulsion. The student may be referred for criminal prosecution and may be required to participate in a satisfactory manner in a drug and alcohol assistance or rehabilitation program.
Further information concerning disciplinary action and appropriate procedures for employees is available from the Office of Human Resources (281.283.2160) and for students from the Dean of Students Office (281.283.2568).
The UHCL offices of Counseling Services, Health and Disability Services, and Employee Assistance Program offer drug and alcohol abuse educational resources, programs, consultation and referrals for employees and students.
Approved by University Council July 8, 1992
Students are to meet financial responsibilities to the university. The writing of bad checks and failure to meet all financial obligations are considered a lack of financial responsibility. Students who write two (2) bad checks (unless due to bank error) to the university for tuition and fees, to the university offices for payment of other university obligations, or for check cashing purposes, forfeit check writing and cashing privileges for the balance of the academic year.
In addition, a student who has given the university a bad check (unless due to bank error), will be assessed a $20.00 penalty. It is the student's responsibility to present evidence of bank error. Encumbrances and returned checks must be cleared by cash or cashier's check. Returned checks will not be redeposited. If the check was presented in payment of tuition and fees at registration time, the return of the check after Open Registration will result in a $12.00 late registration fee in addition to the $20.00 penalty. Checks presented in payment of tuition installments, which are returned by the bank will be assessed a $10.00 late installment fee plus the $20.00 penalty.
At semester's end, any student who has not fulfilled their financial obligations on an installment contract will have their records encumbered and no grades will be released. There will be an additional $50.00 default fee attached to the existing debt. In order for the student to be eligible of enrollment in subsequent semesters, all penalties and contract balances must be paid in full.
The university will not accept two party checks for payment or check cashing privileges.
Students must be in good financial standing with the university at all times. Failure to meet financial responsibilities to the university may subject student to withdrawal and disqualification of registration for a subsequent term. Statements of credits or transcripts shall not be given to or on behalf of a student until all financial responsibilities have been met. Failure in clearing outstanding debts could result in the debt being placed for collection procedure, reported to the Collection Division, Attorney General's Office, Austin, Texas, and reported to the Credit Bureau of Greater Houston.
Hazing Statute (Rev. 1987) Summary
Approved by University Council July 8, 1992
Hazing is any intentional or reckless act by one person alone or acting with others that endangers the mental or physical health of a student. Hazing may occur on or off campus and usually takes place in connection with obtaining membership in or holding office in a student organization. "Student" includes all persons presently enrolled, accepted for admission, and those intending to enroll after a period of vacation.
A person commits the offense of hazing if the person engages in hazing, solicits, encourages, aids or attempts to aid another in hazing, knowingly permits hazing to occur, or has firsthand knowledge that a specific hazing incident has occurred or may occur and fails to report the act to the proper authority.
Approved by University Council April 11, 1996
1.1 The University of Houston-Clear Lake prohibits discrimination on the basis of race, color, religion, national origin, sex, age, disability, veteran status, and sexual orientation. The purpose of this procedure is to provide the primary process for addressing allegations of illegal discrimination by employees and students at the University of Houston-Clear Lake
1.2 The University encourages informal resolution of grievances as the most effective solution to problems. Thus, grievants are encouraged to consult with the respondent or the respondent's supervisor and seek resolution prior to filing a formal grievance
1.3 A grievant has sixty calendar (60) days from the date of the occurrence or discovery of the alleged discrimination to initiate a grievance. If the informal process has not resolved the grievance within sixty (60) calendar days, the grievant has 30 calendar days to file a formal grievance with the Executive Director of Human Resources and Affirmative Action
2.1 Sexual Harassment:
This procedure does not replace the University of Houston-Clear Lake Sexual Harassment Procedure which shall be used for all sexual harassment complaints.
2.2 ADA Complaints:
In cases where the grievant alleges non-compliance with the Americans with Disabilities Act or Sections 503 and 504 of the Rehabilitation Act of 1973, the grievant shall attempt resolution under the University's ADA policy through the ADA Coordinator.
2.3 Established Policies:
The University recognizes that grievance procedures not related to issues of discrimination are currently in place. The University does not intend for this Non-Discrimination Policy and Grievance Procedure to replace established faculty, graduate student, undergraduate student, and staff grievance procedures. However, the University also recognizes that a complaint or appeal filed under the established grievance procedures listed above may include an allegation of discrimination. Therefore, when an Associate Dean, Dean, Student Life Committee Chair, or other University of Houston-Clear Lake Supervisor or Chair presiding over a formal process other than under this policy receives a complaint or an appeal that includes an allegation of discrimination, he/she must notify the Executive Director of Human Resources and Affirmative Action who may serve as a resource on the issue of discrimination.
When a complaint is brought under one of the established policies listed above and resolution has not been reached after sixty (60) days, the grievant may concurrently file a formal grievance under this procedure
3.1 Grievance:
A complaint alleging any act, policy, procedure, or practice that is prohibited under Section III (B).
3.2 Prohibited Discrimination:
Acts covered under this policy include those which are deemed to be prohibited by the following:
3.3 Grievant: means a student or employee who submits a grievance relevant to this non-discrimination grievance procedure.
3.4 The University of Houston-Clear Lake: means any school, department, subunit, or program operated by the University of Houston-Clear Lake.
3.5 Executive Director of Human Resources and Affirmative Action: means that person who is designated as the Title IX and Title VI Coordinator as well as the Equal Employment/Education Opportunity Compliance Officer.
It is the primary responsibility of the Executive Director to insure effective installation, maintenance, processing, record keeping and notifications as required by the grievance policy.
3.6 ADA Coordinator: means that person who receives and addresses ADA and Section 503 and504 related inquiries and requests for accommodation.
3.7 Respondent: means a person alleged to be responsible for the violation set forth in a grievance. The term may be used to designate persons with direct responsibility for a particular action or those persons with supervisory responsibility for procedures and policies in those areas addressed in the grievance.
4.1 A multilevel procedure for addressing a grievance is available to University employees and students. It is expected, however, that the majority of grievances can be resolved informally through discussions between the grievant and the respondent or the respondent's supervisor.
4.2 At this stage, the grievant has two options. The grievant may either seek informal resolution through an administrator with direct supervisory authority over the grievant or the respondent, or through the Executive Director of Human Resources and Affirmative Action.
4.3 If the grievant chooses to contact an administrative officer with direct supervisory authority (such as a supervisor, department chair, director, division administrator or dean), the administrator must counsel the grievant on the options available under this policy and will continue attempts to resolve the grievance without a formal hearing. The administrator shall maintain written records that document actions taken at the school/component level.
The administrator may request assistance from the Executive Director of Human Resources and Affirmative Action in conducting a preliminary investigation to achieve an informal resolution.
4.4 If the grievant contacts the Executive Director of Human Resources and Affirmative Action, the executive director will advise the grievant of his/her options and either begin the informal resolution process or discontinue the grievance procedure at the grievant's request. The Executive Director of Human Resources and Affirmative Action may upon request of the grievant begin informal resolution of the grievance by contacting the respondent and the respondent's immediate supervisor. The Executive Director of Human Resources and Affirmative Action will act as a liaison between grievant, respondent and immediate supervisor of the respondent in the informal resolution of the grievance.
4.5. If the administrator with direct supervisory authority is able to resolve the grievance informally, notification and records of the resolution shall be kept by the Executive Director of Human Resources and Affirmative Action.
4.6 If the administrator is unable to resolve the grievance, the administrator will advise the grievant of his/her right to request a hearing through the Executive Director of Human Resources and Affirmative Action
5.1 Only when a grievance cannot be resolved informally shall it be referred to the Executive Director of Human Resources and Affirmative Action.
5.2 Formal grievances shall be filed with the Executive Director of Human Resources and Affirmative Action using the Formal Discrimination Grievance form which shall include the following information:
5.3 The Executive Director will give the respondent a copy of the grievance and ask the respondent to reply to the charges within ten (10) working days. Failure to respond without good cause may subject the respondent to disciplinary action. A response is required to maintain status as an employee or student.
The respondent will be specifically warned that retaliation is prohibited and, if shown, will result in disciplinary action.
5.4 The Executive Director of Human Resources and Affirmative Action will report the grievance to the appropriate supervisors of the grievant and respondent.
Administrative officers will attempt to ensure that information obtained during the grievance process remains confidential.
5.5 Upon receipt of a grievance from a student, the Executive Director of Human Resources and Affirmative Action shalI send a copy of the grievance to the Dean of Students. The Dean of Students shall be notified if a hearing is to be conducted and he/she or a designated representative shall attend the grievance hearing to serve as a University resource person. This individual shall not have a vote at the hearing, nor be present during deliberations of the hearing board. This individual shall not have a voice at the hearing unless so requested by the hearing board
5.6 Once the Executive Director of Human Resources and Affirmative Action notifies the appropriate parties, the Executive Director must conduct a preliminary investigation, and take one of the following actions within thirty (30) working days of receiving the grievance:
5.7 If a grievance is dismissed at this stage, the grievant has ten (10) working days in which to appeal the dismissal.
If the grievant appeals, the Executive Director of Human Resources and Affirmative Action will forward the file including any facts, evidence and results of any investigation to the Chair of the Grievance Committee who shall convene a Review Panel to hear the appeal.
A decision to forward the complaint to the Committee cannot be appealed.
5.8 If it is determined by the Review Board that a hearing should be conducted, the Executive Director of Human Resources and Affirmative Action shall select a three person hearing board from the membership of the Grievance Committee which shall conduct a hearing on the grievance within twenty (20) working days.
5.9 The President shall appoint the Grievance Committee, which shall consist of:
For every hearing held under this procedure, the Executive Director of Human Resources and Affirmative Action will select a three person hearing board from the membership of the Grievance Committee, two from the constituency of the respondent, and one from the constituency of the grievant. The chairperson of the hearing board shall be appointed by the Executive Director of Human Resources and Affirmative Action.
5.10 Hearings before the hearing board will be conducted in accordance with the procedures set forth in Section VI.
5.11 Records shall be kept of each grievance proceeding, and shall include, at minimum:
A file of these records shall be maintained in the office of the Executive Director of Human Resources and Affirmative Action. For purposes of the dissemination of grievance precedents, separate records may be kept which indicate only the subject matter of each grievance, the resolution of each grievance, and the date of the resolution. These records shall not refer to any specific individuals and they may be open to the public in accordance with the Texas Public Information Act.
5.12 No person shall be subjected to retaliation for having used or having assisted others in the use of the grievance process.
6.1 The hearing will be recorded by the Executive Director of Human Resources and Affirmative Action. These recordings shall be maintained for a period of three (3) years after resolution of the grievance. The grievant or respondent may obtain a copy of the tapes of the recorded hearing at the requesting party's expense. The deliberations of the hearing board will not be recorded.
6.2 The grievant and the respondent have the right to be assisted by advisors at any point during the initiation, filing, processing, or hearing of the grievance; however, neither party may proceed through counsel at the hearing.
6.3 The grievant and respondent shall provide the Executive Director of Human Resources and Affirmative Action with all documents to be used and relied upon at the hearing, and with the name, address and telephone number of counsel and witnesses no later than ten (10) working days prior to the date of the hearing.
At least three (3) working days before the hearing, the Executive Director of Human Resources and Affirmative Action will facilitate a simultaneous exchange of this information between the parties. Witnesses not listed will not be allowed to address the hearing board and advisors not listed may not attend the hearing.
6.4 All parties shall be afforded reasonable opportunity to present opening and closing statements and to present witnesses and documentary evidence.
6.5 The hearing board shall have the right to question any and all witnesses, to examine documentary evidence presented, and to summon other witnesses as the board deems necessary. Witnesses shall not be present during the testimony of any party or other witness.
6.6 The date of the hearing must be adhered to except for unusual circumstances which must be reported in writing as soon as possible to the Executive Director of Human Resources and Affirmative Action.
6.7 After the hearing is concluded, the hearing board shall convene to deliberate their findings and arrive at a majority decision. Within five (5) days after the hearing is concluded, the hearing board shall transmit a written copy of the recommendation to the Executive Director of Human Resources and Affirmative Action. The Executive Director will then mail a copy to the grievant and respondent in the United States mail at the addresses provided by the grievant and the respondent.
7.1 If the grievant or respondent wishes to appeal the recommendation of the hearing board, the respondent or grievant shall, within seven (7) days of the receipt of the recommendations, notify the Executive Director of Human Resources and Affirmative Action in writing of their intent to appeal.
If the last day for filing an appeal falls on a Saturday, Sunday, or a day on which the University is closed for business, then the appeal may be filed on the first day following the Saturday, Sunday, or legal holiday in which the University is open for business.
If notification is not received by the Executive Director within seven (7) calendar days, any recommendation for corrective action or sanctions by the hearing board shall be forwarded to the appropriate Vice President for consideration, and the grievance will be recorded by the Executive Director as closed.
7.2 If an appeal is requested, the Vice President to whom the respondent ultimately reports shall review the appeal within twenty (20) workings days from the date of the appeal.
If either party has requested an interview or is requested to appear for an interview by the appropriate Vice President, then both parties must be informed.
The intent of the Vice President's review is not to hear new evidence nor to substitute the judgment of the Vice President for that of the hearing board which heard the case. The intent of this review is to insure that the hearing and recommendations of the hearing board were not arbitrary and capricious. The Vice President's review is the final institutional step in the appeal process. However, nothing precludes the student or employee from filing a complaint with any external agency that handles discrimination complaints.
Approved by University Council May 3, 1995
Sexual assault is illegal. The University of Houston-Clear Lake is committed to providing a professional working and learning environment free from sexual assault. The university is also committed to providing training to educate the staff, faculty and students about sexual assault.
If you are an assault survivor, you may pursue action against an attacker three different ways:
You may pursue all three choices at the same time or pursue just one or two of the options together. If there is a possibility that you will decide to press criminal charges against your attacker, you should be aware that you will need to act quickly to preserve crucial physical evidence. Any of the rape crisis centers (see Appendix A) or the University Police (283-2222) can tell you what needs to be done to preserve this evidence
Appendix B contains a comprehensive legal definition of "sexual assault." Sexual assault is a violation of the Texas Penal Code 22.011 and 22.02, the Faculty Standards of Conduct, The Student Code of Conduct and the Staff Disciplinary Procedures. Sexual assault is also a violation of the UHCL Sexual Harassment Policy.
The ultimate responsibility for the effective implementation of this policy is with the President of the University of Houston-Clear Lake. The Senior Vice President and Provost, the Associate Vice President for Student Services and the Dean of Students, and the Executive Director of Human Resources and Affirmative Action will see that the university's sexual assault policy is communicated on a routine basis through the faculty, student and staff handbooks and such additional means as they feel are effective.
Appendix B contains a comprehensive legal definition of "sexual assault." Sexual assault is a violation of the Texas Penal Code 22.011 and 22.02, the Faculty Standards of Conduct, the Student Code of Conduct and the Staff Disciplinary Procedures. Sexual assault is also a violation of the UHCL Sexual Harassment Policy.
The ultimate responsibility for the effective implementation of this policy is with the President of the University of Houston-Clear Lake. The Senior Vice President and Provost, the Associate Vice President for Student Services, the Dean of Students, and the Executive Director of Human Resources and Affirmative Action will see that the university's sexual assault policy is communicated on a routine basis through the faculty, student and staff handbooks and such additional means as they feel are effective.
Complainant: A student, faculty member, or staff employee of UHCL who believes herself/himself to have been sexually assaulted by a UHCL student, faculty member, or staff employee and who engages the UHCL sexual assault complaint procedure to resolve the complaint.
Respondent: A UHCL student, faculty member, or staff employee who, within the UHCL sexual assault complaint process, is alleged to have sexually assaulted a student, faculty member, or staff employee.
Confidentiality: Pending final campus action on a complaint, confidentiality relative to all official proceedings and complaint documentation will be maintained by all individuals charged with administering this policy. While all efforts will be made to respect the right of confidentiality of all parties involved in a sexual assault charge, confidentiality cannot be guaranteed.
Retaliation Prohibited: Retaliatory action taken against an individual as a result of that person's seeking redress under the applicable procedures dealing with sexual assault is prohibited. Such action shall be regarded as a separate and distinct cause for complaint and will be referred to the appropriate campus disciplinary process for resolution.
Frivolous and Malicious Allegations/Complaints: If any campus fact finding body in the procedure determines that a sexual assault allegation is frivolous, the complainant will be counseled and the complaint dismissed. An example of a frivolous complaint might be seen in the case of two people passing in the hallway and one accidentally brushes against the other and the other alleges sexual assault. If it is determined that a sexual assault complaint is malicious, the complainant will be subject to disciplinary action. The failure to substantiate a sexual assault charge does not automatically constitute a malicious charge.
After reporting a sexual assault, a complainant has the option to request a change of academic or employment situation. A student would request such assistance from the Dean of Students; a staff member would request assistance from the University Affirmative Action Officer; faculty could contact either the University Affirmative Action Officer or the Provost. The University will insure that the complainant will be kept safe and free from retaliation after a complaint. Other than for reasons of safety or retaliation, the University will provide changes of academic or employment situations only if such changes are reasonably available.
Pursuit of Complaint Outside the University: This policy does not preclude anyone from pursuing a complaint, at any stage of the process, with an external agency.
A person who believes he or she has been sexually assaulted may seek on-campus assistance by contacting any of the following:
Off-campus support and information may be obtained from the Houston Area Women's Center, Rape Crisis Program (528-RAPE) or other local assistance agencies (see attached list) or the local police (dial 911).
Because evidence of a sexual assault and an attacker's identity may be left on a complainant's body, the complainant may choose to be examined at a hospital emergency room before washing. Sexual assault complainants may choose to undergo a physical exam as expediently as possible because evidence deteriorates quickly. The collection of this evidence is important if the complainant chooses to support criminal against the assailant. Hospital staff will collect evidence, check for injuries, and deal with the possibility of sexually transmitted diseases. The Houston Area Women's Center will provide a counselor to meet the complainant at a hospital and support her through these procedures (24-hour number: 528-RAPE).
A complainant who wishes to file a complaint of violation of this sexual assault policy should contact either counselors at the UHCL Counseling Center 281-283-2600or the two counselors appointed by the President (call the UHCL Office of Human Resources,281-283-2160or the Dean of Students,281-283-2568for the counselor's names and phone numbers.)
Actions that can be taken by a counselor include:
A complainant can choose to file a complaint with the University, with law enforcement officials, or both. In order for the University to proceed with a complaint hearing, the alleged assault must have occurred on campus or at a University-related event and a member of the University community must be alleged to have been involved. Should the complainant decide to file an official university complaint against an alleged attacker, the procedures to be followed are those detailed under the "Intervention--Complaint Stage" and subsequent stages.
If a person files an official complaint, both the complainant and the respondent may seek the assistance of individuals willing to serve as advisors during the process. The advisor will not have a formal role in the process other than to provide assistance and guidance. The advisor must be chosen from a list of persons willing to serve. The list will be maintained in the Provost's office. These persons will receive appropriate training provided by the UHCL AAO. An advisor will be ineligible to serve any other role in the procedures relating to that particular case.
If, after working within this intervention process, an individual chooses to lodge an official complaint alleging sexual assault in violation of the campus sexual assault policy, the complainant will be referred to an intervention panel responsible for initially investigating and determining whether further action is warranted. As an alternative, by mutual consent of the complainant and the respondent, the AAO may assume all the responsibilities of this panel. Official complaints must be submitted in writing to the AAO. The AAO shall deliver, within 5 working days, a confidential copy of the official complaint to the respondent and the respondent's immediate supervisor, except in cases when the respondent is a student. When the respondent is a student, a copy of the complaint will be delivered to the student and to the Dean of Students. In any case, formal complaints must be filed within one (1) year of the alleged sexual assault incident.
Documents to be presented as evidence and names of potential witnesses must be presented to the AAO within 10 working days of filing of the complaint by the complainant and by the respondent within 10 working days of receiving the complaint. There will be a simultaneous exchange of documents and witness lists between complainant and respondent conducted and documented by the AAO at least 5 working days prior to the hearing.
Only listed witnesses will be allowed to address the Intervention Panel. If information is made available to the Intervention Panel during the course of the hearing that the Intervention Panel deems necessary for the resolution of the charge, the Intervention Panel is vested with the authority to request testimony from additional witnesses or request additional documentation. The Intervention Panel can only hear testimony from additional witnesses and can only review additional documents if it allows the complainant and the respondent additional time to prepare a response.
Panel Membership: The panel will be a special committee comprised of one faculty member, one student member, and one staff member. The AAO, who is a non-voting member of the committee, will serve as chair of the committee.
Pools of Potential Panel Members: Each year the dean of each school shall appoint one faculty member to a faculty pool, and the Faculty Senate shall appoint four faculty members, one from each school, to the faculty pool. The Student Government Association shall appoint eight students to a student pool. At the same time, the Senior Vice President and Provost, upon the recommendation of the Support Staff and Professional Staff Councils, shall appoint four support staff and four professional staff to the support staff and professional staff pools. Thus, there will be eight faculty, eight students, four support staff, and four professional staff in the panel pool. All efforts will be made to ensure that the panel pools are diverse and representative of the university community.
When it becomes necessary to activate a panel to hear allegations of sexual assault, the AAO will coordinate a process of striking persons from each pool, one at a time, with the complainant and the respondent taking turns, until there is the appropriate number of persons left in each pool. The first strike will be made from the faculty pool, and then turns will alternate until only one faculty member is left. The same process will then be followed in the student pool. If the complainant is not a staff member, the same process will be followed in the student pool. If the complainant is not a staff member, the same process will be followed in a pool made up of the combined professional staff and support staff pools. If the complainant is a staff member, the process of strikes will be carried out in the staff pool corresponding to the complainant. The remaining three persons (1 faculty, 1 student, and 1 staff) will constitute the Intervention Panel.
The AAO is responsible for:
Complaint resolution proceedings will be closed. Pending final campus action on a complaint, all individuals charged with administering the policy will respect the confidentiality of the official proceedings and the complaint document. A confidential record of the panel decision will be maintained for a specific length of time, not to exceed three years, by the University AAO. Once dismissed, charges arising from that complaint may not be filed.
The panel, by majority vote (at least 2 to 1) based on a review of the allegation may:
An intervention panel does not determine "guilt" or "innocence" in an allegation. The committee decides whether to recommend action. All actions of the panel must be recommended by a majority vote (at least 2-1).
If the intervention panel recommends that a hearing be convened, then the appropriate administrative officer will direct the AAO to initiate a hearing.
Both complainant and respondent will be informed of the outcome of the Stage II intervention proceedings.
The intervention panel procedure begins with the initial filing of the complaint and should be completed within 40 working days.
The convening of a hearing to resolve a sexual assault complaint constitutes the formal complaint procedure for resolution.
A Hearing Committee will be convened in the following manner. It will consist of a total of five members. The members will be selected from the same pools of faculty, staff, and students used at Stage II. All members of the Stage II Intervention Panel will be excluded. Three members will be chosen by alternating strikeout from the pool of the respondent. If the complainant is from a different constituency than the respondent, one member will be chosen by alternating strikeout from the pool of the complainant. Finally one member will be chosen by alternating strikeout from the one remaining pool. If the complainant and respondent are from the same constituency, one panel member will be chosen by alternating strikeout from each of the two remaining pools. If the complainant or the respondent is a staff member, the appropriate pool (support staff/professional staff) will be used. As an alternative in cases in which the complainant and the respondent are from the same constituency, by mutual consent they may elect that all members of the panel be drawn from the pool of their common constituency. The Hearing Committee will select its own chair from among its membership.
Documents to be presented as evidence and names of potential witnesses must be presented to the AAO within 10 working days following selection of the Hearing Committee. There will be a simultaneous exchange of documents and witness lists between complainant and respondent conducted and documented by the AAO at least 5 working days prior to the hearing.
Only listed witnesses will be allowed to address the Hearing Committee. If information is made available to the Hearing Committee during the course of the hearing that the Hearing Committee deems necessary for the resolution of the charge, the Hearing Committee is vested with the authority to request testimony from additional witnesses or request additional documentation. The Hearing Committee can only hear testimony from additional documents if it allows the complainant and respondent additional time to prepare a response.
After the hearing is concluded, the Hearing Committee will deliberate in closed session and arrive at a majority decision.
Authorized Actions: The charge to the Hearing Committee is 1) to determine whether sexual assault occurred, and 2) to determine appropriate action(s). Upon completion of the hearing, the Hearing Committee will recommend an appropriate action.
Hearing Committee findings and recommendations will be forwarded to the appropriate administrative officers (i.e. the appropriate academic dean; dean of students; or appropriate vice president, president, or chancellor) for review and action. In reviewing the findings and recommendations of the hearing officer or grievance panel, the administrative officer may:
As a result of the Hearing Committee's findings and pending final determination of the case, the University may suspend (with pay for faculty or staff) or suspend (without negative academic consequences in the case of a student) a respondent.
NOTE: In case of 2 or 3, the administrative officer will notify the hearing committee, the complainant and the respondent in writing to explain the reason(s) for non-concurrence.
The investigatory process will cease with the findings and recommendations of the Hearing Committee.
Both complainant and respondent will be informed of the outcome of the Stage III hearing proceedings.
Complaint hearings should begin and conclude within 40 working days from the date the official written complaint is received by the AAO.
During the procedures, the complaint and all documents will be kept confidential, except that the appropriate administrative officers will be kept informed on a "need to know" basis. At whatever stage the procedure above is completed, the file containing all documentation in the complaint will be sent to the Office of Affirmative Action and retained as a file with limited access. However, all findings of violations of the sexual assault policy and all sanctions imposed will be added to the respondent's personnel and/or student file.
Both complainant and respondent have the right to appeal by means of a single appeal to the Vice President or President who made the determination.
The respondent may file a cross complaint during the pendency of the process.
The standard for all determinations made under these procedures shall be a preponderance of the evidence presented before the hearing panel or officer concerning the validity of an allegation and the response to that allegation. The burden of proof is on the person making the allegations.
The following are hotlines for rape and sexual assault, as well as domestic violence, etc.
The deleted section, relating to intentionally exposing other persons to AIDS or HIV, was derived from Acts 1989, 71st Leg., ch. 1195, § 14 and Acts 1991, 72nd Leg., ch. 14 § 284(10).
Revision Approved by University Life Committee January 23, 2008
1.1 PURPOSE AND BACKGROUND: Smoking poses a significant risk to the health of both smokers and nonsmokers. Secondhand smoke can be annoying and a health hazard to the nonsmoker in the workplace. It can be particularly harmful to individuals with heart and respiratory diseases or allergies related to tobacco smoke. In the interest of the comfort, health, and safety of all its faculty, staff, and students, the University is required by State law to follow the rules regarding smoking.
2.1 "Smoke", "smokes", or "smoking" includes:
2.1.1 carrying or holding a lighted pipe, cigar, or cigarette of any kind or any other lighted smoking material, equipment, or device;
2.1.2 lighting a pipe, cigar, or cigarette of any kind or any other smoking material, equipment, or device;
2.1.3 emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind or any other smoking material, equipment or device.
2.2 "State vehicle" means a vehicle owned by the university.
2.3 "State agency" includes an agency in any branch of state government including institutions of higher education.
3.1 This policy shall apply to all University controlled/owned property, except the University Forest Apartments.
4.1 The University shall be a smoke free campus except for officially posted designated smoking areas.
4.2 This policy applies equally to all University faculty, staff, students, all third party workers and visitors.
4.3 Smoking is prohibited in University buildings with the exception of participants in approved theatrical performances.
4.4 Smoking is prohibited in University owned vehicles.
5.1 "No smoking" signs, which are large and numerous, will be conspicuously displayed at the entrance to all University buildings.
5.2 Appropriate signs will be prominently displayed at the designated smoking entrances.
5.3 Ashtrays, which cannot be physically moved, will be located in designated smoking areas.
6.1 This policy relies on the thoughtfulness, consideration, and cooperation of smokers and nonsmokers for its success.
6.2 The enforcement of the University smoking policy will rely heavily on a shared responsibility of each member of the university community. As members of this community, it will be our responsibility to help educate one another and guests with regards to our smoking policy, to include directing them to the appropriate smoking areas. If community members or guest fail to adhere to our smoking policy, university police can be contacted.
Information Item
In each of the following designated smoking areas there is a state-mandated non-smoking zone, which extends ten feet outward from the entry doors:
This document outlines the policy to minimize risks of liability connected with travel by students of component universities. This policy applies to travel in excess of 25 miles that is undertaken by one or more students presently enrolled in a component university that is organized and sponsored by the component university and that is travel funded by the institution and using vehicles owned or leased by the institution or travel required by a student organization registered at the institution.
Component universities should establish a system of record keeping for student travel in excess of 25 miles to component university sponsored and organized events where the student travel is organized, arranged, or coordinated by a component university department, employee or registered student organization sponsor. For such trips, student travelers should complete an official component university waiver and release form verifying that they understand and accept the risks involved in participating in the travel activity and assume responsibility for their behavior. Records should include the identity of travelers, dates of travel, mode of travel, destination, purpose of trip and completed waivers.
Students traveling by commercial transportation, whether domestic or international, must comply with all laws regulating travel and the rules of the specific carrier.
Students driving privately owned vehicles for organized student travel (as defined in the Purpose) within the
U. S. must have a valid Texas or other state driver license and possess personal automobile insurance coverage as mandated by the State of Texas, and their vehicles must have a current state inspection and registration. Students driving privately owned vehicles for organized student travel taking place outside the U.S. must have all appropriate licenses, certificates and insurance as required by the country in which travel occurs.
Drivers must:
Drivers and occupants must:
Component universities are encouraged to make available driver safety training for staff and other individuals who act as drivers for student travelers.
Each component university is responsible for developing policies and procedures for addressing the reimbursement of student travel expenses.
Responsible Parties: Vice Chancellor for Student Affairs, Associate Vice Chancellor for Administration Review: Every two years on or before August 1
Approval
Indexing Terms
Policy No. ULC.1999.009
Approved by University Council October 14, 1999
1.1 The University of -Clear seeks to provide for the safety of employees, students, visitors, and property by eliminating or reducing threats of workplace violence.
2.1 Violence - physical activity which is intended to injure, abuse, or destroy a person or property.
2.2 Threat - a declaration of an intention or determination to inflict punishment, loss, or pain on the person or property of another, or to injure another by some wrongful act. May be made by means of innuendo or suggestion as well as by express language or gesture.
2.3 Workplace - the UHCL campus or the off-campus site of any UHCL-sponsored activity.
2.4 Witness - one who has firsthand knowledge of an act, including a threat or act of violence.
2.5 Dangerous weapons - for purposes of this policy, "dangerous weapons" means:
any item commonly used as, or primarily intended for use as, a weapon; including but not limited to a firearm, knife, club, or other prohibited weapon as defined by V.T.C.A., Penal Code Section 46.05;or any object that has been modified to endanger or has been employed to endanger a person or property.
2.6 Firearm - any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use (V.T.C.A., Penal Code, Section 46.01(3).
2.7 UHCL Police Department - a full service police department staffed by peace officers licensed by the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) and commissioned as police officers by the University of Houston System Board of Regents consistent with authorization granted by Article 51.203 of the Texas Education Code and Article 2.12 of the Texas Code of Criminal Procedure. The Texas Education Code defines the department's primary jurisdiction as all counties in which property is owned, leased, rented, or otherwise under the control of the University of Houston System Board of Regents and also includes streets contiguous to and running through the campus. The UHCL Police Department is located in the Bayou Building Suite B1636, and can be reached at telephone number 281-283-2222.
3.1 UHCL will not tolerate workplace violence of any type, from any source. This includes, but is not limited to, threatening, destructive or violent actions directed against employees, students, visitors, or university buildings, equipment, or property.
Possession of firearms or other dangerous weapons on the physical premises of the University of Houston Clear Lake (UHCL) is prohibited (Texas Penal Code, Section 46.03). Further, although Texas Penal Code, Section 46.15 allows for peace officers to carry weapons throughout the state including areas where others are prohibited from doing so, peace officers are encouraged not to possess weapons while attending classes at UHCL. Faculty that believe officers should not carry a weapon in their classes may work with the student on an individual basis to try to reach a mutually satisfactory agreement.
3.2 UHCL executives, administrators, managers, supervisors, and employees are responsible for observing and promoting measures to establish and maintain a non-violent workplace. Additional responsibility is vested in students and visitors to the university to observe university regulations designed to establish and maintain a non-violent workplace.
3.3 Incidents of workplace threats or acts of violence will be treated seriously by university personnel. Witnesses should report such acts or threats promptly to the UHCL Police Department. Reported threats or acts of violence will be investigated promptly, and appropriate action will be taken to address each incident that is reported.
3.4 The university will respond promptly, positively, and firmly to deal with threats or acts of violence. This response will include timely involvement of the UHCL Police Department. Violations of this policy will be dealt with in accordance with the policies and procedures, which govern the behavior of UHCL employees and students. In addition, violations of this policy by any person, including non-UHCL affiliated persons, may lead to action by the criminal justice system.
3.5 Responses to threats or acts of violence may include dismissal from employment or from enrollment, arrest, prosecution, removal from campus property, suspension, reassignment of duties or other sanctions as authorized by specific disciplinary policies.
4.1 Every witness to a threat of violence or a violent action is responsible for reporting the incident to the UHCL Police Department.
4.2 The Director of the UHCL Police Department is responsible for coordinating the university response to workplace-related threats and acts of violence. Department heads, managers and supervisors will continue to have primary responsibility for ensuring a safe workplace, for monitoring and resolution of employee conflicts or disputes, for taking appropriate corrective action when potentially violent situations develop and for working with the UHCL Police Department when threats or acts of violence occur. The Office of Human Resources will be responsible for informing employees of this policy.
4.3 Managers and supervisors will be provided with training in how to deal with workplace-related threats and acts of violence. This training will focus on prevention, recognition and de-escalation of violence, will include suggestions for appropriate responses to threats and acts of violence, and will identify those resources which are available for use once a potential problem has been identified, or an incident has occurred. The UHCL Police Department and Human Resources Department will coordinate such training.
4.4 Workshops will be offered for training in threat awareness and appropriate responses to aggressive, threatening and violent behaviors. Assessment of additional training needs for employees will be made upon request to the unit supervisor, and appropriate training programs will be developed and presented. UHCL Police and the Human Resources Department will coordinate this training.
4.5 Department heads, managers, and supervisors are specifically empowered to take immediate appropriate action to resolve or stabilize violent situations in the workplace, and to protect people from harm. Supervisors will ensure that, when a threat is made or a violent incident occurs, the UHCL Police Department will be notified immediately. Supervisors and managers will also ensure that appropriate disciplinary responses to internal workplace violence and aggression are made, and coordinate these efforts with the Human Resources Department, the Dean of Students or Provost.
Approved by University Council May 11, 2000
Facilities covered under this policy are:
* Use of this facility (Art Gallery) is restricted to University-related individuals/organizations.
The University of Houston-Clear Lake will endeavor to provide facilities for groups and/or organizations on a space available, first-come, first-serve basis. In order to provide facilities, a completed Request for Utilization of Facilities form must be filed with the Office of Scheduling and Space Planning (OSSP) stating the date(s), duration, type of room(s), and number(s) of persons involved, as well as the official name of the organization or composition of the group and the purpose of the meeting(s) to be held in University facilities.
In order to guarantee the use of classroom/seminar space a completed Request for Utilization of Facilities form must be submitted a minimum of at least one week prior to the date of the event. In order to guarantee all other facility usage requests a completed Request for Utilization of Facilities form must be submitted a minimum of four weeks prior to the date of the event.
So long as appropriate space is available for the requested date(s), the University will not discriminate among applicants except that space will not be rented to organizations listed by the Attorney General of the United States as subversive of or inimical to the general public welfare; also except that University facilities may not be used by non-University organizations or groups solely for profit-making purposes, or for the purpose of offering instruction of an on-going nature not as part of the University's academic or public service programs.
Use of University property for political purposes is prohibited by the General Appropriations Act. However, the University may not discriminate against anyone who wishes to speak out on issues of public concern. The rental of University facilities by individuals to speak out on issues of public concern is appropriate recognition of their freedom of speech and, in this instance, would not be considered use of public property for political purposes.
Use of open University space for religious purposes is prohibited by the establishment clause of the First Amendment to the United States Constitution. The University may not discriminate against or support any religion. However, the University may rent space for religious activities or services on a paid basis as long as we do not discriminate against any group's religion, and that no preference is shown for any religion over another or over secular use of facilities. In order to avoid subjecting students or employees to religious activities, these activities must be conducted in enclosed areas.
For advertising purposes only, we may allow use of the University's name to identify the location of the activities, as long as the language clearly indicates whether or not this is a University sponsored event. The OSSP reserves the right to review all promotional materials prior to dissemination. The University reserves the right to reject the application of any organization, group, or individual or restrict the time, place, and manner of usage if it is determined that such activities would interfere with the functions of the University.
The University of Houston-Clear Lake cannot be held liable for any form of injury to any individual or for the loss of or injury to the property of any individual or of any organizations or group using the facilities of the University.
Property Any organization or group or any individual member(s) (internal or external) thereof using University facilities will be held liable for any destruction of or damage to any property of the University including soiling of carpets, spilt liquids, damage to foliage and general disorders requiring University resources for reparation. Such occurrences, which involve extraordinary building cleaning, will cause the user to incur fees to return the building to original condition.
ADA Coordinator |
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| Coordinator of Disability Services Sean Murphy | 281-283-2627 | SSCB 1.301.09 |
Administration and Finance |
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| Vice President for Administration and Finance Michelle Dotter | 281-283-2100 | Bayou 2317 |
Affirmative Action |
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| Executive Director of Human Resources and Affirmative Action Katherine Justice | 281-283-2160 | Bayou 1111 |
Enrollment Services |
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| Registrar and Director of Records and Affirmative ActionKevin McKisson | 281-283-2533 | SSCB 1.101 | |
| Director of Enrollment ManagementRauchele Jones | 281-283-2536 | SSCB 1.101 | |
Facilities |
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| Mary Washington, Facilities Scheduling Coordinator | 281-283-2198 | Central Services Bldg. |
Library |
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| Karen Wielhorski, Executive Director | 281-283-3930 | Bayou 2402 |
Police, University |
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| Mike Herbst, Director | 281-283-2222 | Bayou 1636 |
President |
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| Dr. William Staples | 281-283-2001 | Bayou 2521 |
University Forest Apartments |
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| Shawn Floyd, Managing Director | 281-286-5959 |
| Laura Lascano, Assistant Director | 281-286-5959 |