Article III: Unacceptable Conduct
- Jurisdiction of the College Student Code of Conduct.
The College Student Code of Conduct shall apply to conduct that occurs on College premises, at College-sponsored activities, and to off-campus conduct that adversely affects the College Community and/or the pursuit of its objectives. Each student shall be responsible for his/her conduct from the time of application for admission through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment (and even if their conduct is not discovered until after a degree is awarded). The Student Code of Conduct shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending. The Vice-President of Finance and Administration shall decide whether the Student Code of Conduct shall be applied to conduct occurring off campus, on a case-by-case basis, in his/her sole discretion.
2. Conduct Rules and Regulations.
a. Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV: Student Code of Conduct Procedures.
i. Cheating, plagiarism, or other forms of academic dishonesty.
ii. Furnishing false information to any College official, faculty member, or office.
iii. Forgery, alteration, or misuse of any College document, record, or
instrument of identification.
b. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College premises.
c. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person.
d. Sexual Misconduct:
In accordance with FFDA Legal and FFDA Local policy, the College District prohibits all forms of sexual and gender-based misconduct, including sexual harassment, sexual violence (nonconsensual sexual contact and nonconsensual sexual inter-course), sexual assault, sexual exploitation, domestic violence, dating violence, stalking, and aiding or facilitating the
commission of a violation of this policy. This can be located in the TSC Board Policy Manual. Sexual Assault webpage.
The College District also prohibits hostile environment harassment, which includes acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or gender. Sexual and gender-based misconduct can occur between people of different sex or gender or of the same sex or gender. Retaliation against anyone involved in the complaint process is a violation of College District policy FFDA Local and is prohibited.
Discrimination against a student is defined as conduct directed at a student on the basis of sex or gender that adversely affects the student.
Violation of FFDA Local policy will prompt an investigation by the Title IX Coordinator. If warranted, an investigation and hearing following the guidelines set forth in FFDA legal will be conducted. For more detailed information, visit the TSC Title IX webpage.
e. False Claims:
A student who intentionally makes a false claim, offers false statements, or refuses to cooperate with a College District investigation regarding discrimination or harassment shall be subject to appropriate disciplinary action.
f. Attempted or actual theft of and/or damage to property of the College or property of a member of the College community or other personal or public property, on or off
campus.
g. Hazing. "Hazing" means any intentional knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are students at an educational institution. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are violations of this rule. The term includes but is not limited to:
i. Any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing of a harmful substance on the body, or similar activity.
ii. Any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in a small space, calisthenics, or other activity that subjects the student to an unreasonable risk or harm or that adversely affects the mental or physical health or safety of the student.
iii. Any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk of harm, or which adversely affects the mental or physical health or safety of the student.
iv. Any activity that intimidates or threatens the student with ostracism that subjects the student to extreme mental stress, shame, or humiliation, or that adversely effects the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this
subsection.
v. Any activity that induces, causes, or requires the student to perform a duty or task which involves a violation of the Texas Penal Code Sec. 4.52.
vi. Personal Hazing Offense.: A person commits an offense if the person:
Engages in hazing;
• Solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing;
• Intentionally, knowingly, or recklessly permits hazing to occur; or
• Has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report said knowledge in writing to the Associate Vice President of Student Services or other appropriate officials of the institution.
vii. Organization Hazing Offense: "Organization" means a fraternity, sorority, association, corporation, order, society, corps, cooperative, club, or service, social, or a similar group, whose members are primarily students at an educational institution. An organization commits an offense if the organization:
• Condones or encourages hazing; or
• If an officer or any combination of members, pledges, or alumni of the organization commits or assists in the commission of hazing.
h. Failure to comply with directions of College officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
i. Unauthorized possession, duplication or use of keys to any College premises or unauthorized entry to or use of College premises.
j. Violation of any College policy, rule, or regulation published in hard copy or available electronically on the College website.
k. Violation of any federal, state or local law.
l. The use, possession, control, manufacture, transmission, or sale, or being under the influence, of a drug or narcotic, as those terms are defined by the Texas Controlled Substances Act, or other prohibited substances described in FLBE, unless under the direction of a physician.
m. The use, possession, control, manufacture, transmission, or sale of paraphernalia related to any prohibited substance.
n. Possession or use of tobacco products or e-cigarettes on College District property without authorization shall be prohibited. "E-cigarette" means an electronic cigarette or any other device that simulates smoking by using a mechanical heating element, battery, or electronic circuit to deliver nicotine or other substances to the individual inhaling from the device. The term does not include a prescription medical device unrelated to the cessation of smoking. The term includes:
i. A device described by this definition regardless of whether the device is manufactured, distributed, or sold as an e- cigarette, e-cigar, or e-pipe or under another product name or description; and
ii. A component, part, or accessory for the device, regardless of whether the component, part, or accessory is sold separately from the device.
o. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College premises or use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear to others.
p. Participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the College and/or infringes on the rights of other members of the College community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area.
q. Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College- sponsored or supervised functions.
r. Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College or members of the academic community. Disorderly conduct includes but is not limited to any unauthorized use of electronic or other devices to make an audio or video record of any person while on College premises:
i. Without his/her prior knowledge;
ii. Without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
s. Theft or other abuse of computers, facilities, and resources, including but not limited to:
i. Violating policies, rules, or agreements signed by the student regarding the use of technology resources;
ii. Attempting to access or circumvent passwords or other security-related information of the College District, students, or employees or uploading or creating computer viruses;
iii. Attempting to alter, destroy, disable, or restrict access to College District technology resources including but not limited to computers and related equipment, College District data, the data of others, or other networks connected to the College District’s system without permission;
iv. Using the Internet or other electronic communications to threaten College District students, employees, or volunteers;
v. Sending, posting, or possessing electronic messages that are abusive, obscene, sexually oriented, threatening, harassing, damaging to another’s reputation, or illegal;
vi. Using e-mail or websites to engage in or encourage illegal behavior or threaten the safety of the College District, students, employees, or visitors; and
vii. Possessing published or electronic material that is designed to promote or encourage illegal behavior or that could threaten the safety of the College District, students, employees, or visitors.
t. Abuse of the Student Conduct System, including but not limited to:
i. Failure to obey the notice from a Student Conduct Board or College official to appear for a meeting or hearing as part of the Student Conduct System.
ii. Falsification, distortion, or misrepresentation of information before a Student Conduct Board.
iii. Disruption or interference with the orderly conduct of a Student Conduct Board proceeding. iv. Institution of a Student Code of Conduct proceeding in bad faith.
v. Attempting to discourage an individual’s proper participation in, or use of, the student conduct system.
vi. Attempting to influence the impartiality of a member of a Student Conduct Board prior to, and/or during the course of, the Student Conduct Board proceeding.
vii. Harassment (verbal or physical) and/or intimidation of a member of a Student Conduct Board prior to, during, and/or after a Student Code of Conduct proceeding.
viii. Failure to comply with the sanction(s) imposed under the Student Code of Conduct.
ix. Influencing or attempting to influence another person to commit an abuse of the Student Conduct system.
u. Students are required to engage in responsible social conduct that reflects credit upon the College community and to model good citizenship in any community.
v. Failure to comply with directives given by College District personnel, and failure to provide identification when requested to do so by College District personnel shall be prohibited.
3. Violation of Law and College Discipline
a. College disciplinary proceedings may be instituted against a student charged with conduct that potentially violates both the criminal law and this Student Code of Conduct (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Proceedings under this Student Code of Conduct may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of the Vice-President of Finance and Administration
b. Determinations made or sanctions imposed under this Student Code of Conduct shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of College rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
c. When a student is charged by federal, state, or local authorities with a violation of law, the College will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Code of Conduct, the College may advise off-campus authorities of the existence of the Student Code of Conduct and of how such matters are typically handled within the College community. The College will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the College community, acting in their personal capacities, remain free to interact with government representatives as they deem appropriate.