Falcon Guide

2015-2016
FalconGuide
2015-2016
EMERGENCYCONTACTNUMBERS
UNIVERSITYPOLICE
MB1200
(432)552-2786(non-emergency)
(432)552-2787(non-emergency)
2911(emergencyforUTPBPoliceCommunications)
9911(emergencylineforthecityofOdessa)
Disclaimer
This publication contains summary information only. It is not a compilation of rules, regulations,
or policies of the University. All official rules, regulations and policies are published in the
“Rules and Regulations of the Board of Regents of the University of Texas System,” the
“Handbook of Operating Procedures” and the “Catalog” of The University of Texas of the
Permian Basin.
TABLE OF CONTENTS
Student Services & Activities
1
Academic Advising ...................................... 1
Accounting
Admissions ................................................... 1
Alumni Association ...................................... 1
Bookstore ..................................................... 2
Bulletin Boards ............................................ 2
Campus Activity Board……………………..2
Career Services ............................................ 2
Check Cashing ............................................. 3
Copy Machines .............................................3
Counseling Services ..................................... 3
Digital Courtesy ............................................3
Falcon Delegates .......................................... 3
Fees .............................................................. 4
Financial Literacy Services ……………….. 4
Financial Services ........................................ 4
Food Service ................................................ 5
Graduate Studies .......................................... 5
Gymnasium and Pool.....................................5
Health Insurance .......................................... 6
Housing..........................................................6
I.D. Cards...................................................... 7
Information Center ....................................... 7
Information Resources ................................. 7
Intercollegiate Athletes ................................ 7
International Students……………………....8
Intramurals……………………………….....8
John Ben Sheppard Pub. Lead. Institute .......8
Library ..........................................................9
Lost and Found ........................................... 9
Mail Services .............................................. 9
Mascot .........................................................10
Notary Public ............................................. 10
Orientation Leaders Association................. 10
Parking ........................................................10
Police Administration .................................10
Registrar and Academic Records ................11
School Colors ..............................................11
Student Activities ........................................11
Student Organizations..................................11
Student Publications ...................................12
Student Senate ............................................12
Student Success Center ...............................12
Falcon Center ……………...……………. 13
University Music Programs……………. …13
UTPB Testing Center…………………….. 14
Veterans Services………………………….14
Student Conduct and Discipline ............... 15
Standards of Conduct ....................................... 15
Applicability .............................................. 15
Prohibited Conduct .................................... 15
Bar from Campus ........................................17
Disciplinary Process ...................................17
Hearing Process ………………………….19
Sanctions ………………………………... 21
Appeal Procedures ……………………… 22
Disciplinary Record …………………….. 23
Definitions ………………………………. 23
Sexual Harassment and Sexual Misconduct 24
Student Grievance/Appeal Procedures ... .39
Introduction ..................................................... 39
Definitions ................................................. 39
Types of Grievances/Appeals ....................38
Introduction to Filing a Grievance ............ 40
Grade Appeal .............................................40
Academic Grievance ................................. 40
Non-Academic Grievance ......................... 41
Americans with Disabilities Grievance...... 42
Assembly, Expression of Free Speech ...... 43
Solicitation....................................................... 45
Student Records ........................................ 58
Registrar and Academic Records... ................. 58
FERPA ............................................................. 60
Directory Information .......................................61
Policy Statements ....................................... 63
Acceptable Use Policy for State-Owned
Information Resources ...........................…63
Alcohol and Drug-Free Schools ............... 64
Call to Military Service............................. .69
Crime Awareness and Campus Security ... 69
Copyrighted Materials ............................... 78
File Sharing (Peer-to-Peer) ........................ 79
Hazing ........................................................ 81
Intellectual Property .................................. 83
Non-Discrimination…………………….... 85
Smoke-Free Policy .................................... 92
Student Publications Policy....................... 92
Glossary of Terms...................................... 93
UTPB Fight Song ....................................... 98
Campus Map .............................................. 99
Midland Campus……………………… 100
STUDENT SERVICES & ACTIVITIES
Academic Advising
MB 1150
(432) 552-2661
The primary goal of the Office of Academic Advising of The University of Texas of the Permian Basin is to
provide all students either currently enrolled or prospective with the best possible academic advice to enable
them to achieve their college goals in a timely fashion. The Office of Academic Advising keeps current with The
University's General Education Requirements as well as specific major requirements to provide information for
faculty as well as students. Thus, the office provides both students and faculty a central location for information
related to academic requirements.
Accounting (OSFA)
MB 1225
(432) 552-2620
A full complement of financial aid and scholarship programs are available for students
attending the University. Federal and state grants, as well as institutional scholarships are
awarded to students who meet the guidelines of the individual programs to help students meet the financial
obligations associated with obtaining an education. The goal of the OSFA is to assist students in completing the
various processes required for obtaining financial assistance through the available programs. All students are
encouraged to contact the Office of Student Financial Aid for more information regarding the University’s
financial aid programs.
Admissions
MB 1221
(432) 552-2605
(Toll-free: 1-866-552-UTPB)
E-mail: admissions@utpb.edu
The Office of Admissions is in charge of the following: providing undergraduate and graduate admission
application packets to domestic and international students; pre-admission counseling; evaluation of academic
transcripts for degree-seeking undergraduate students; determining the students' admissibility to the University;
awarding scholarships to first-time freshmen; and student recruitment.
Alumni Association
MB 4230
432-552-2809
When you graduate with a degree from UTPB, you automatically enter into an alumni network
over 18,000 strong. The UTPB Alumni Network exists to keep each and every one of YOU connected to each
other and UT Permian Basin. After all, you’re not just a Falcon for your college years, you’re forever a
Falcon. Stay connected by updating your information here, www.utpb.edu/alumni.
UTPB Alumni Association Membership information can be found at
http://www.utpb.edu/services/development-office/alumni-association/alumni-association
1
Bookstore
MB 1140
(432) 552-0220
The Follett Bookstore, located in the courtyard area of the Mesa Building, carries course related textbooks,
general books, additional course materials, school supplies, discounted software for UTPB students, and collegiate
apparel and gifts. Cold drinks and snack items are also available. Textbooks can be ordered through our Follett
website (www.utpb.bkstr.com) for either store pick-up or shipment to the student’s home. Clothing and gift items
can also be ordered from the website. Graduation regalia is ordered through the Bookstore, as well as graduation
announcements. The Registrar’s office informs potential graduates of order dates. Refunds for textbooks are
allowed for the first 7 days of class in Spring and Fall, and the first 5 days of Summer sessions. Although the
Bookstore does buy textbooks daily, scheduled buybacks are held during finals week in Spring and Fall semesters,
and twice during the Summer. Visa, MasterCard, Discover, and American Express cards are accepted, and gift
cards are available.
Hours of Operation: 7:30 AM – 6:00 PM, Monday – Friday with extended hours for events.
Bulletin Boards
Student Activities Office
SAC 201
(432) 552-2650
Items to be posted on the bulletin boards must be approved and stamped by the Student Success Center and the
Office of Student Life. Only events, programs and services provided by UTPB departments or registered student
organizations are permitted to be posted. Taping signs or posters to doors, walls, and windows is restricted.
Nothing can be posted in the Mesa Building stairwells. However, signs may be posted on the metal walls and
doors by using magnetic tape. For a complete list of posting guidelines, please stop by the SAC front desk.
Campus Activities Board
SAC 212
(432) 552-2658
The Campus Activities Board is responsible for identifying, budgeting, and developing cultural, social and
recreational programs for the student body. Students are encouraged to contact the Campus Activities Board to
get involved as volunteer activity program members. The U. T. Permian Basin Campus Activities Board brings in
a variety of well-known and aspiring artists and entertainers, sponsors Falcon Fridays in the Student Activities
Center, and takes students to regional and national leadership development conferences.
Career Services Office
MB 2100
(432) 552-3634
careerservices@utpb.edu
Career Services offers career guidance to all students and alumni needing assistance with choosing a major, job
placement and job preparedness. Career Services can assist students/alumni in obtaining full-time and part-time
employment through postings on the university’s College Central Network. Students who wish to change majors
or who are undecided can use the MyPlan career exploration system to research majors and occupational
pathways. Career Services also administers the Study Abroad program and the UTPB Work Co-op Program.
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Check Cashing
Financial Services MB
1220
Students may cash personal checks in the Office of Financial Services (limit of $25.00).
Copy Machines
Coin-operated copy machines are available in the Library. Laser-printer copies of research materials accessed
through library-provided technology are available at a modest price.
Counseling Services
University Counseling Center
South Campus – Founders Building 054
(432) 552-2365
The University Counseling Center, offers counseling and consultation for students to assist with personal
concerns. There is no charge for these professional services for students, which include individual, couples,
family and group counseling. The University Counseling Center also offers testing for personality, career, and
psychological/educational evaluations. The Counseling Center can provide documentation of a disability which
includes diagnosis, limitations, and recommendations for academic accommodations if needed.
The philosophy of the Counseling Center is to assist students to identify and develop strengths to enhance
personal and academic success, and better cope with the stresses associated with life in a university environment.
At the first appointment, treatment options will be discussed, which may include individual couples or family
counseling, or referral into the community for specialized services, e.g. medication possibilities.
The University Counseling Center’s regular hours are Monday through Friday 8:30 a.m. to 5:00 p.m. Walk-ins are
welcome—it is best to call head to make sure a counselor is free. To make an appointment, call 552-2365. If a
counselor is not available, leave a message on the answering machine, and the call will be returned as soon as a
counselor is free. In an emergency after hours, call 552-2786 and a counselor will be notified to return the call.
For more information visit our website at http://ss.utpb.edu/university-counseling-center/.
Digital Courtesy
Cellular phones should be on vibrate or silent mode during class and in the Library to avoid disruption of
academic activity. If you must take an emergency call during class or in the Library, please leave the area before
talking. Text messaging and taking photos in class also should be avoided. Students should reference the course
syllabi as faculty set their own classroom behavior expectations.
Falcon Delegates
Office of Admissions
MB 1221
(432) 552-2605
The Falcon Delegates are dedicated to developing interaction with prospective students and representing our
university at campus and community events which promote the growth and expansion of UTPB with the highest
level of integrity and professionalism. Through this process, the Delegates should be challenged to realize
individual goals and explore new ideas, create supportive networks to aid in future endeavors and be empowered
with a variety of valuable skills. Interested candidates should contact the Admissions Office for application
requirements and details.
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Fees
Fees are assessed to students in addition to tuition. These fees are listed below, along with the purpose of the
fees.
• Advising Fee- Provides partial funding for The University Advising Office, which offers academic advising for
all students
• Athletics Fee – Provides funding for intercollegiate athletics programs. UTPB participates in NCAA Division
II.
• Library Service Fee- Funds an increase in direct services to students including on-line access to academic
indexes and electronic library services
• Medical Services Fee – allows students to have access to local medical providers through the University
• Student Activities Center Fee – provide support for the Student Activities Center (SAC). The SAC houses the
following: dining services, coffee shop, fitness area, game room, lounge, study rooms, meeting room, Student
Life Office, Campus Activity Board Office, and Student Senate Office.
• Student Service Fee- Funds a variety of student services including Campus Activity Board, Student Senate, The
Sandstorm & The Mesa Journal. .
• Technology Fee – Provides funds to support the integration and maintenance of technology.
Other types of fees that may be charged include: Lab/Supplemental Fees for classes to cover the cost of materials
used in class: voluntary fees: such as book locker rental; and incidental fees: such as add/drop fee, new student
orientation fee, student teaching fee, and graduation fee.
Financial Literacy Services
MB 2114
(432) 552-2830
The University of Texas of the Permian Basin provides financial literacy and planning to assist students with
making smart financial decisions while in college. This information is made available through the office of
Financial Literacy during the spring and fall semesters. Monthly seminars are provided free on campus.
Classroom presentations are available, as well as, online tools and links to materials. Private individual sessions
are also offered for students year round. Students may be referred by a professor or department. Students may
make an appointment and walk-ins are also welcome during office hours. All consultations are free and
confidential. Students are encouraged to take advantage of these services.
Financial Services
MB 1220
(432) 552-2706
All payments should be paid at the Office of Financial
Services, which is located
on the 1st floor, Room 1220 in the Mesa Building. Normal working hours during semester are:
Monday–Thursday
Friday
8:00 am – 6:00 pm
8:00 am – 5:00 pm
MasterCard, Visa and Discover are accepted.
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Food Service
Student Activities Center
Chartwells
Office- (432) 614-4387
Cell - (432) 238-4019
Hours of Operation:
Continuous service Monday thru Friday
Saturday & Sunday
Meal Plan Service Hours
Monday thru Friday :
Saturday & Sunday :
6:30am - 8:00pm.
11:am - 8:00pm
Breakfast - 6:30am - 9:30am
Lunch - 10:30am - 2:30 pm
Dinner - 5:00pm - 8:00pm
Brunch 11:00am - 1:00pm
Dinner - 5:00pm - 8:00pm
Starbucks ("we proudly brew")
Monday –Friday 8:00 AM – 8:00 PM
Saturday/Sunday Closed
Falcons Bucks- (Provides the student with the convenience of having cash of any denomination loaded to
his/her student ID card to be used for any menu or retail item.)
Graduate Studies
MB 1208
(432) 552-2530
The Office of Graduate Studies implements graduate policies and perform a records
management function for all graduate students. The Office of Graduate Studies
builds advising files, monitors scholastic performance, assists in the acceptance
process for master’s degree students, and manages all of the records required for completion of the
degree.
Gymnasium, Swimming Pool, and Recreation (432)
552-2336
Students are encouraged to use the gymnasium and swimming pool during open recreation hours, enroll in
physical activity classes, and become involved in the many varied Intramural programs in order to improve and
maintain their physical well-being. The gymnasium includes full-size basketball courts, volleyball courts,
racquetball courts, a weight room, tennis courts, complete locker and shower facilities, and a new swimming pool.
Current students may use the facilities at no additional charge. A current student I.D. card must be presented at
the Gym upon entrance. Immediate family members of students, faculty, staff, and alumni may purchase gym
swimming pool memberships at reduced costs. Hours of operation are as follows but are subject to change:
Fall and Spring Semesters
Monday through Friday
7:00 a.m. – 10:00 p.m.
Weekends
1:00 p.m. – 6:00 p.m.
Summer Semester
Monday through Friday
1:00 p.m. – 7:00 p.m.
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Health Insurance
Personal health coverage is the responsibility of each individual student. Students are encouraged to carry health
and accident insurance. The University of Texas System Health Insurance is a comprehensive insurance plan
designed to cover hospitalization and treatment for more serious health problems. For students interested in
purchasing this additional health coverage, the insurance policy information is available under the UT Permian
Basin section at https://utpb.myahpcare.com.
UTPB is partnered with the Medical Center Health System of Odessa. Students may access health care at the
Center for Primary Care at 3001 JBS Parkway. The costs of services provided under the UTPB health plan is
covered by the medical service fee paid at registration as a basic co-pay. There is a $25 co-pay at MCH Procare
Family Medicine Clinic and a $35 co-pay at MCH Procare Urgent Care. Also available are the Clinics at
Walmart East and Walmart West. There is a $15 co-pay for these facilities.
Housing Parker Ranch House
(432) 552-2743
Living on campus, students can choose from a variety of housing options.
As a freshman or first year college resident, students can choose from a 4bedroom unit, with or without a kitchen. As an upperclassmen, students
have a choice of living in a 2-bedroom, 4-bedroom, or an efficiency. The
Falcon’s Landing Units (manufactured housing) offer students a choice of
a 1-bedroom, 2-bedroom, or 3-bedroom unit, and are designated as family
housing.
Amenities include basic furniture, kitchen appliances, central heat/air, and each room is internet and cable ready.
Rental payments are on an academic year basis and include the furnishings, electricity, cable, internet, and
garbage collections, plus 24-hour service provided by Student Housing staff, Physical Plant, and University
Police. On-campus Housing is located on South Campus and within walking distance of all classrooms,
laboratories, gymnasium, Falcon Center, and the cafeteria.
Vaccinations
Effective as of January 1, 2010 all first time college students or transfer students enrolling in Texas public or
private colleges and universities who plan to live in on-campus dormitories are required to be immunized against
bacterial meningitis prior to moving into on-campus housing.
Proof of immunization must be provided and must include the day, month and year of the vaccination and must be
signed or stamped by a physician or physician’s designee, a public health authority, either state or local, or
immunizations record from a school official.
Students who are not immunized 10 days prior to arrival to UTPB, will not be allowed to move into student
housing.
If receiving the meningococcal vaccine would endanger the student’s health, the student must provide a signed
affidavit from a registered and licensed physician that states in his/her opinion the required vaccination would be
injurious to one’s health and well-being. If a student declines the vaccination for reasons of conscience, including
a religious belief, the student must complete the conscientious exemption form from the Texas Department of
State Health Services available at any Texas health department or complete an affidavit request for exemption
from immunizations for reasons of conscience, online at https://webds.dshs.state.tx.us/immco/.
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I.D. Cards
UTPB Police
MB 1200
(432) 552-2786
Student I.D. cards are made at the UTPB Police Department for new students who have paid the $10.00 student
I.D. fee in the Office of Financial Services or for returning students who have lost their I.D. and have paid the
student I.D. fee for a replacement card. The I.D. is validated with a sticker at the UTPB front desk each semester
the student is enrolled.
The student I.D. card is used in the UTPB Testing Center, Library, Gym, Bookstore, and the Computer Lab.
Students who register late may receive their I.D. card by presenting their registration receipt to the Police
Department. There is a $10.00 fee to replace lost or stolen I.D. cards.
Information Center
UTPB Police
MB 1200
(432) 552-2786
The Information Center is combined with the Police Communications Center. Located in the Mesa Building
Lobby, the Center is able to assist students who need assistance, directions, or have general questions.
Information Resources Division (IRD)
ST 2103
(432) 552-2415
The Information Resources Division (IRD) provides general purpose computing and communications facilities for
all currently enrolled students. These facilities include a wide range of modern hardware and software
technologies. Facilities are located in the Student Success Center (MB 2215) and at various locations throughout
the campus (Parker Ranch House, PASS Office, Science and Technology, and the Library). Technical assistance
is also available. Printing facilities ranging from draft quality to publication quality also are available. For
additional information, contact the Information Resources Division at 552-2415.
Intercollegiate Athletics
GYM 200 (432)
552-2675
The Intercollegiate Athletic Department administration, coaching staff, and support staff are committed to the
success of the student athlete on and off the field of play. Sport brings a feeling of pride and unity for both the
student body and our community so our athletic program is looking for athletes who can be leaders on the court,
in the classrooms and for all of West Texas.
Primarily, funding for UTPB athletics comes from the Athletic Fee and outside donations, with additional help
coming from the Athletic Booster Club. UTPB currently supports the following sports: Men’s Baseball, Men’s
Basketball, Women’s Basketball, Men’s Cross Country, Women’s Cross Country, Men’s Soccer, Women’s
Soccer, Women’s Volleyball, Women’s Fast Pitch Softball, Men’s Swimming, Women’s Swimming, Men’s
Tennis, Women’s Tennis and football.
Incoming freshmen must meet two (2) of the following three (3)
criteria:
§
§
Graduate in the top ½ of their class.
ACT score of 18 or SAT score of 860.
7
§
High School GPA of at least a 2.0 on a 4-point scale.
Second semester freshmen must meet the above criteria and must have passed at least nine (9) hours on their first
semester of college. Returning and transfer students must pass a minimum of 24 hours in their two semesters of
college work. This can include up to six summer school hours earned. Students may participate only if they are
in the first through tenth semester of college work. A student may only play four seasons in any given sport.
Academic scholarships and other sources of financial aid are available to student athletes.
Admission is free to all home athletic events for students only. Students, faculty and staff are encouraged to
support the Falcons. Home events take place in the following facilities:
Baseball:
Jan and Ted Roden Baseball Field near the pond
Basketball:
Gymnasium, aka The Falcon Dome
Soccer:
Game Field behind the Duck Pond
Softball:
UTPB Softball Complex in UTPB Park
Swimming:
Pool outside of Gymnasium
Volleyball:
Gymnasium, aka The Falcon Dome
Football
Ratliff Stadium (beginning Fall, 2016)
International Students
Office of Admissions
MB 1221
(432) 552-2605
E-mail: admissions@utpb.edu
International students provide an opportunity for US students to become more acquainted with people of other
countries. All students are encouraged to take advantage of this opportunity. Students interested in the
International Student application process should review the "Frequently Asked Questions" in the section marked
International Student Website after accessing the Prospective Student page. Admission applications for
international students may be obtained at the Office of Admissions or by applying on-line: www.utpb.edu.
Intramurals
SAC 101
(432) 552-3653
Intramural activities are publicized on the Intramural Bulletin Board, located in the lower level of the Gymnasium,
as well as the Mesa Journal and posters throughout campus. Activities vary from semester to semester, but
usually include: flag football, volleyball, basketball, golf, tennis, racquetball, and Ping-Pong. Student input is
encouraged.
John Ben Shepperd Public Leadership Institute
Presidential Museum
(432) 552-2850
The mission of the John Ben Shepperd Public Leadership Institute is to provide young Texans an education for
and about leadership, ethics, and public service. The goal of the Institute is to develop a well-rounded leadership
program to improve young Texans’ personal leadership skills, develop their sense of community responsibility,
and educate them on the importance of ethics and public service. Public service and coming together to solve
community concerns is a uniquely American and Texas characteristic. The challenge is how best to prepare
young Texans to accept leadership responsibility and lead the State in the 21st century. To meet this challenge
the Institute offers: Academic Degree Programs, Distinguished Lecture Series, Specialized Seminars, Student
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Leadership Forums, Student Leadership Summer Camp, Annual Statewide Forum, the “Outstanding Local
Leader” or “Outstanding Texas Leader” Awards, and the John Ben Shepperd Journal of Practical Leadership.
J. Conrad Dunagan Library (432)
552-2370
The J. Conrad Dunagan Library is located south of the Mesa Building in the Library/Lecture Center. Library
services include
Reference/Information, Circulation, Inter-Library Loan, reserves, and
Instruction. Access to nearly 100 selected scholarly databases is
available.
Materials available:
Nearly 300,000 print
volumes
More than 700,000
microfilm volumes More than 700 print
journal subscriptions
More than 25,000 electronic journals (available in full-image format)
More than 25,000 scholarly books are available in electronic text formats
The Archives contain important regional/local historical and cultural resources.
The library is open weekdays, evenings, and weekends during normal school sessions. Library hours, databases
links, electronic materials, online public access catalog, and other sites of interests are available through the
library’s website: http://library.utpb.edu/.
•
Cellphonesmaynotbeusedinthelibrary.Thelibraryatrium-entranceareaoftheLibrary/Lecture
Centerprovidesacomfortsettingforcellphoneusersandcasualchatting.Inaddition,acasual
readingareahasbeensetupinsidethelibrary,locatedonthefirstfloor,wherestudentscanfind
dailynewspapersandbooksforleisurereading.
Lost and Found
UTPB Police
MB 1200
(432) 552-2786
Lost and found items should be turned in to and retrieved from Police Communications Center located in the Mesa
Building Lobby.
Mail Services
MB 1100
(432) 552-2745
Students may send U.S. mail through Mail Services on first floor Mesa Building, near the Police Information
Office. Books of stamps may be purchased at the UTPB Bookstore. Letters and other items can be weighed by the
mail room personnel. Personal packages weighing 13 oz. or more need to be taken to the Post Office.
9
Students living on campus housing may receive their mail in individual post office boxes at no cost. Proper
identification is required in order for students to pick-up packages that do not fit in their box, and at the mail
room. The mail is not placed in the post office boxes on Saturday or Sunday.
Mascot – Falcon
Office of Student Life – Student Activities Center SAC
210 A
UTPB has a Falcon Mascot costume. Requests for the Falcon to make
public appearances should be directed to the Office of Student Life –
Student Activities Center. Mascot public appearances are subject to
student mascot availability and should be requested as far in advance as
possible.
Notary Public
Students may access a notary public in the Office of Senior Associate Vice President for Student Services in MB
4274 and can be reached at (432) 552-2600. There is also a notary public in the Office of Admissions in MB
1221 and can be reached at (432) 552-2605. There is a notary public in the Office of Financial Aid in MB 1225
and can be reached at (432) 552-2620.
Orientation Leaders
Office of Student Life
SAC 212 A
(432) 552-2653
The Office of Student Life coordinates summer and January orientations for new students. Orientation leaders are
students who can help new students become familiar with programs, services, and other resources available to
them on campus. If you are interested in helping new students transition to college and learn about UTPB please
consider becoming an Orientation Student Leader.
Parking
UTPB Police
MB 1200
432-552-2787
Parking permits are available at registration and after registration through the Police Communications Center.
Parking permits are color-coordinated for specific parking lots. Depending on availability and where you are
most likely to park, you may purchase a permit for that specific lot. It will be necessary to display the parking
permit that is issued to you while parked on campus. Failure to display the permit or displaying the wrong
colored permit for the lot you are parked in may result in the issuance of a parking citation. Designated parking
for those with disabilities is available in every lot. If a student loses a permit, a replacement may be obtained
from the Police Communications Center, after a replacement fee has been paid in Accounting.
Police Administration
MB 1103
(432) 552-2780
The University Police Department provides campus security twenty-four hours a day and should be contacted by
students who wish to report criminal activity or any unusual or strange occurrences, including accidents on
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campus. The University Police Department officers are fully certified police officers. These officers have the
authority to issue court appearance citations, as well as initiate arrests.
Students who need to use jumper cables to start their car may contact the University Police for assistance. The
Police Department can be contacted by phone or in person at the University Police Communications Center,
located in the Mesa Building Lobby. Those students who have locked their keys inside their vehicle will have to
contact a local locksmith.
Registrar and Academic Records
MB 1231
(432) 552-2635
Questions concerning a student’s UT Permian Basin academic record, TASP status, adding or dropping courses,
change of name, change of address, change of residency, classrooms, registration, graduation, honors, 30 plus
hour rule, academic probation or dismissal, and withdrawal from The University should be referred to the Office
of the Registrar.
School Colors
Dolphin Orange and White (Black is often used for trim or definition)
Student Activities
Office of Student Life
SAC 212 A
(432) 552-2653
A well-rounded college experience includes interactions outside of the classroom. The Office of Student Life
provides services and programs that enhance co-curricular involvement. Services and programs include:
leadership development opportunities, advisement for student organizations, student organizations support and
integration of students into the campus community.
Student Organizations
Office of Student Life
AC 210 A
(432) 552-2653
Students are encouraged to join or develop clubs and organizations that unite members with a common cause or
interest. Such organizations allow students to pursue specialized interests and to have an opportunity to interact
with classmates and professors in an atmosphere different from that of the classroom.
The following rules should be abided by when establishing and maintaining a student organization. The University
Of Texas System Board Of Regents' Rules and Regulations, Rule 50202 (http://www.utsystem.edu/board-ofregents/rules/50202-student-organizations ) and University policies state:
1. All members of the organization must be a member of the University’s student body, faculty, or staff.
2. Each student organization must have at least one faculty or full-time staff advisor.
3. The student organization shall not act as an agent of the school. It shall not use the name or seal of the
University or The System in any of its activities.
4. The organization must register with the Office of Student Life in order to be recognized as a student
organization.
5. Each organization will have a minimum of 5 (five) members.
11
A guide for student organizations is available with the Office of Student Life and includes the information
necessary for filing to be recognized as a registered student organization.
Student Publications
MB 2138
(432) 552-2659
The Mesa Journal, the student newspaper, provides news and information for the University community.
Students are responsible for writing the articles, paste-up, ad sales, and distribution of the bi-monthly newspaper.
The Mesa Journal Office is located in the Mesa Building, Room 2138.
The Sandstorm, an annual magazine publication, is a collection of poems, short stories, and essays submitted by
students and selected by a panel for publication. The magazine also prints photographs of student art that includes
painting, sculpture, pottery, and photography. The Sandstorm is a student publication with its editor and staff
selected from the student body.
Student Senate
SAC 211
(432) 552-2655
The Student Senate serves as the liaison between the students and the administration of the University. The
recommendations of the Student Senate are channeled through the offices of the Director of Student Life, the
Vice-President for Student Services, the President, the appropriate Executive Vice Chancellor, and the Chancellor.
Student Senate officers are elected by the student body in the spring prior to the academic year in which they will
serve.
The student body elects the class senators at the beginning of each fall semester. The Student Senate Office is
located with the Campus Activities Board and Student Life Office in the SAC. All students are welcome to
leave messages or just stop by and chat with your elected student representatives at the Student Senate Office.
Student Success Center
MB 2101
(432) 552-3350
The Student Success Center offers tutoring for math, science, writing, and reading. UTPB
Supplemental Instruction (SI) leaders are also located in the Success Center. These tutors target difficult classes
and help students understand and work through class content. They lead study groups and study sessions for
students in these difficult classes. Staff available in the Success Center are J.P. Garcia, Assistant Director
(Tutoring and Supplemental Instruction) and Jasmine Tambunga, Director (Mentoring and First Year Seminar).
Mentor Program
MB 2120A
(432) 552-3632
The Mentor Program was developed to help incoming and current students adjust to college by providing
mentors who already understand how to be successful in college. The advantages to having a mentor are
huge.
Mentors help students with:
- Registering
12
- Locating Financial Aid
- Contacting Academic
- Advisors the “Ins and Outs” of College Life
- Stress
- Achieving Goals
- Study Skills
- Social Activities
- Problem Solving
- Time Management
- Adjusting to College
Falcon Center
MB 2215
(432) 552-3652
The Falcon Center is a community center for students, faculty, and staff.
The Offices of Veterans Services, Financial Literacy, and the Associate Dean of Students are located in the
Falcon Center.
University Music Programs
Band – Falcon Flock
The Rea Music and Academic Center
(432) 552-4292
The Falcon Flock is a pep band formed in 2004. Currently there are about 40 members in the band. They
perform on a regular basis for athletic events, commencements, and
convocations.
They perform an eclectic assortment of music. The goal is to provide
musical entertainment for events, have fun, and advance music on the
UTPB campus. Interested students should contact Dr. Dan Keast by e(keast_d@utpb.edu) or by telephone.
mail
University Choir
The Rea Music and Academic Center
(432) 552-4295
The University Choir is the principal choral ensemble for the University, and is open to all students
regardless of choral or vocal experience with a placement audition. The Choir performs a wide variety of
traditional choral repertoire and Masterworks from the 1500's to the present.
University Philharmonic
The Rea Music and Academic Center
13
The University Philharmonic is an advanced orchestra performing the standard orchestral repertoire. The
ensemble is also called the University Strings when performing with strings only. The conductor is Dr.
Thomas Hohstadt, former Musical Director of the Midland-Odessa Symphony. Interested students should
contact Dr. Hohstadt at Hohstadt_t@utpb.edu
Vocal Jazz Ensemble
The Rea Music and Academic Center
432-552-4295
The Vocal Jazz Ensemble is the contemporary a cappella ensemble of the University and is open to
experienced vocal musicians by audition. The choir performs contemporary pop, vocal jazz and modern
music with vocal percussion solo singing. The ensemble performs frequently on campus and in the
community.
UTPB Testing Center
MB 1160
(432) 552-2630
Fax (432) 552-3631
The UTPB Testing Center, located in the Courtyard, provides testing and proctoring services for the following
exams/assessments: TSI, CLEP, IACT, Chemistry Placement, MFT, TEXES, and Pre-Service Teacher Practices
TEXES. We offer in-house proctoring services for students who need to make-up professor exams for excused
absences as well as non- UTPB students taking correspondence and/or online courses. The Prometric Testing
Center provides a wide variety of professional assessments such as, MCAT, TEXES, Accounting Certification,
TOEFL, etc. Students needing our services can call, come by, or use our online scheduler to set up an
appointment at https://utpbtesting.youcanbook.me.
Veteran Services
MB 2215 G
(432) 552-2830
UTPB Veteran Services’ goal is to provide military veterans whether here on campus or online with the resources,
support and advocacy needed to thrive while pursuing their educational and professional goals and to help our
student veteran transition from military life to academic life successfully. Veteran Services sponsors the Falcon
Veterans Association, a student led club that meets twice a month for fellowship and to be a patronage group for
student veterans and serve the next generation of transitioning students. The Falcon Veterans’ Room 2259,
located on the second floor of the Mesa Building is provided for student veterans to work, study, and/or relax
while at the university.
Student Conduct and Discipline
14
1.1 Standards of Conduct
All students are expected and required to obey federal, State, and local laws, to comply with the Regents'
Rules and Regulations, with The University of Texas System and institutional rules and regulations, with
directives issued by an administrative official of the U. T. System or The University of Texas of the
Permian Basin in the course of his or her authorized duties, and to observe standards of conduct
appropriate for an academic institution.
1.2 Applicability
Each student is responsible for the notice of and compliance with the provisions of the Regents’ Rules and
Regulations and the rules of the institution.
1.21
Who is Subject to Discipline.
Any student who engages in conduct that violates the Regents' Rules and Regulations, the U. T.
System or institutional rules and regulations, specific instructions issued by an administrative
official of the institution or the U. T. System acting in the course of his or her authorized duties, or
federal, State, or local laws is subject to discipline. A student is subject to discipline for prohibited
conduct that occurs on or off campus, including but not limited to institution or U.T. System
sponsored off-campus activities such as field trips, internships, rotations or clinical assignments,
regardless of whether civil or criminal penalties are also imposed for such conduct.
1.3 Prohibited Conduct.
1.31
Scholastic Dishonesty.
Any student who commits an act of scholastic dishonesty is subject to discipline. Scholastic
dishonesty includes but is not limited to cheating, plagiarism, collusion, the submission for credit of
any work or materials that are attributable in whole or in part to another person, taking an
examination for another person, any act designed to give unfair advantage to a student or the
attempt to commit such acts.
1.32
Alcohol.
Any student found responsible for the use or possession of alcoholic beverages without proper
authorization in a University campus classroom building, laboratory, auditorium, library building,
museum, faculty or administrative office, intercollegiate and intramural athletic facility, student
housing residence or any campus area is subject to discipline.
1.33
Drugs.
Any student who is found responsible for the illegal use, possession and/or sale of a drug or narcotic
is subject to discipline. If a student is found responsible for the illegal use, possession, and/or sale of
a drug or narcotic on campus, the minimum sanction assessed shall be suspension from the
institution for a specified period of time and/or suspension of rights and privileges.
1.34
Health or Safety.
Any student who engages in conduct that endangers the health or safety of any person may be
subject to discipline.
15
1.35
Disruptions.
Any student who, acting singly or in concert with others, obstructs, disrupts, or interferes with any
teaching, educational, research, administrative, disciplinary, public service, or other activity or
public performance authorized to be held or conducted on campus or on property or in a building or
facility owned or controlled by the U. T. System or institution is subject to discipline. Obstruction or
disruption includes but is not limited to any act that interrupts, modifies, or damages utility service
or equipment, communication service or equipment, university computers, computer programs,
computer records or computer networks accessible through the university's computer resources.
1.36
Inciting Lawless Action.
Any student who engages in speech, either orally or in writing, which is directed to inciting or
producing imminent lawless action and is likely to incite or produce such action is subject to
discipline;
1.37
Unauthorized Use of Property.
Any student who engages in the unauthorized use of property, equipment, supplies, buildings, or
facilities owned or controlled by the U. T. System or institution is subject to discipline.
1.38
Hazing.
Any student who, acting singly or in concert with others, engages in hazing is subject to discipline.
Hazing in State educational institutions is prohibited by State law (Texas Education Code Section
51.936 and Sections 37.151-37.157). Hazing with or without the consent of a student whether on or
off campus is prohibited, and a violation of that prohibition renders both the person inflicting the
hazing and the person submitting to the hazing subject to discipline. Knowingly failing to report
hazing can subject one to discipline. Initiations or activities of organizations may include no feature
that is dangerous, harmful, or degrading to the student, and a violation of this prohibition renders
both the organization and participating individuals subject to discipline.
1.39
Altering of Official Documents.
A student who alters or assists in the altering of any official record of the U. T. System or institution
or who submits false information or omits requested information that is required for or related to an
application for admission, the award of a degree, or any official record of the U. T. System or
institution is subject to discipline. A former student who engages in such conduct is subject to bar
against readmission, revocation of degree, and withdrawal of diploma.
1.310 Vandalism.
Any student who defaces, mutilates, destroys, or takes unauthorized possession of any property,
equipment, supplies, buildings, or facilities owned or controlled by an institution or the U. T.
System is subject to discipline.
1.311 Use of Explosives, Weapons or Hazardous Chemicals.
Unless authorized by federal, State, or local laws, a student who possesses or uses any type of
explosive, firearm, imitation firearm, ammunition, hazardous chemical, or weapon as defined by
State or federal law, while on campus or on any property or in any building or facility owned or
controlled by the U. T. System or institution, is subject to discipline.
16
1.312 Inappropriate Conduct.
Conduct that is inappropriate for members of the university community is subject to discipline.
1.313 Children.
Children should not be left unattended. Such behavior may result in disciplinary action.
1.314 Pets.
A student who has pets inside or around the buildings on the campus, except bona fide service
animals, is subject to discipline.
1.315 Failure to Notify.
Failure to notify appropriate authorities when a student has personal knowledge of any violation of
the Student Conduct and Discipline policy is subject to discipline.
1.316 False Accusation.
Any student who knowingly makes a false charge of a violation of the code of Student Conduct
against a member of the University community is subject to discipline.
1.317 Prohibited Conduct During Suspension.
A student who receives a period of suspension as a disciplinary sanction is subject to further
disciplinary action for prohibited conduct that takes place during the period of suspension.
1.4 Bar from Campus
A former student who has been suspended or expelled for disciplinary reasons is prohibited from being on
the campus of any U.T. System institution during the period of such suspension or expulsion without prior
written approval of the chief student affairs officer of the U.T. System institution at which the suspended or
expelled student wishes to be present. In a request for such approval, the former student is required to
disclose in writing each institution from which the individual has been suspended or expelled and the
conduct leading to the disciplinary action.
1.5 Disciplinary Process
1.51
The Associate Dean will conduct an investigation, determine whether to proceed with the charges,
and if so, propose the appropriate sanction. The Associate Dean may proceed with the disciplinary
process even if the student is subject to concurred criminal or civil proceedings. Students will have
the opportunity to appeal disciplinary action.
If there is a more specific policy that specifies the procedures for investigation, such as the Sexual
Harassment/Sexual Misconduct policy, that policy will govern; however, all the powers provided
herein to the Associate Dean for investigations involving student witnesses, including summons,
interim disciplinary action, and withholding transcripts, grades and degrees are delegated to the
investigator designated in that policy.
17
1.52
Investigation.
Allegations of misconduct will be investigated by the Associate Dean or the Associate Dean’s
designee. The Associate Dean may contact a student for a meeting for purposes of the investigation
and/or to discuss the allegations. The Associate Dean may also issue a summons for these purposes.
A summons shall be in writing, specify a place for the meeting and a time at least three business
days after the date of the written request if the request is sent regular mail, or at least two business
days after the date of the request if the request is sent by email or hand delivered. The written
request may be mailed to the address appearing in the records of the registrar, emailed to the student
at the e-mail address on record with the U.T. System institution, or may be hand delivered to the
student. If a student fails to appear without good cause, as determined by the Associate Dean, the
Associate Dean may bar or cancel the student’s enrollment or otherwise alter the status of the
student until the student complies with the summons. If the student failing to appear as directed in a
summons is the student against whom charges are being reviewed, in addition to the above, the
Associate Dean may proceed with disciplinary action based upon other information available using
the disciplinary procedures below. The refusal of a student to accept delivery of the notice, the
failure to maintain a current address with the registrar, or failure to read mail or e-mail shall not be
good cause for the failure to respond to a summons.
1.53
Reviewing the Evidence and Determining the Sanction.
The Associate Dean will review the evidence, determine whether to proceed with charges, and, if
so, determine the sanction appropriate to the charges. Before proceeding with disciplinary action,
the Associate Dean will offer the student the opportunity to meet to provide a response to the
charges and, upon request, to review the available evidence supporting the charges.
1.54
Interim Disciplinary Action.
Pending a hearing or other disposition of the allegations against a student, the Associate Dean may
take such immediate interim disciplinary action as is appropriate to the circumstances when such
action is in the best interest of the institution. This includes but is not limited to a suspension and
bar from the campus when it reasonably appears to the Associate Dean from the circumstances that
the continuing presence of the student poses a potential danger to persons or property or a potential
threat for disrupting any activity authorized by the institution. In the event interim disciplinary
action is taken, an expedited hearing will be offered in accordance with Section 5 below.
1.55
Withholding Transcripts, Grades, Degrees.
The Associate Dean may also withhold the issuance of an official transcript, grade, diploma,
certificate, or degree to a student alleged to have violated a rule or regulation of the U. T. System or
the institutions that would reasonably allow the imposition of such sanction. The Associate Dean
may take such action pending a hearing, resolution by administrative disposition, and/or exhaustion
of appellate rights if the Associate Dean has provided the student an opportunity to provide a
preliminary response to the allegations and in the opinion of the Associate Dean, the best interests
of the U. T. System or the institution would be served by this action.
1.56
Uncontested Cases with Agreed Sanctions.
In any case, except in a case finding a violation of the Sexual Harassment/Sexual Misconduct
Policy, where the accused student elects not to dispute the facts upon which the charges are based
and agrees to the sanctions the Associate Dean assesses, the student may execute a written waiver of
18
the hearing procedures and waiver of any appeals under the policy. This administrative disposition
shall be final and there shall be no subsequent proceedings regarding the charges.
In any case finding a violation of the Sexual Harassment/Sexual Misconduct Policy, the case will
proceed under 4.6 of this Policy unless both the accused and the accuser agree to the terms of the
administrative disposition and thus waive the hearing and appeals.
1.57
Challenging the Disciplinary Action.
1.571
Cases in which Proposed Sanction involves Suspension, Academic Sanctions or Expulsion.
In those cases in which the Associate Dean proposes suspension, including suspension of
rights and privileges, academic sanctions, or expulsion as a sanction, the charges shall be
heard and determined by a fair and impartial Hearing Officer in accordance with Section 5
below. With the exception of a violation of the Sexual Harassment/Sexual Misconduct
Policy, a student may elect to sign an administrative disposition waiving the right to the
hearing under Section 5, but reserving the right to appeal only the sanction. Such an appeal
regarding the sanction will be to the president of an institution or his/her designee as
determined by institutional procedures in accordance with Section 7 below. In cases where
a student is found in violation of the Sexual Harassment/Sexual Misconduct Policy, the
case will proceed before a Hearing Officer unless both the accused and the accuser agree to
the waiver of the hearing procedures.
1.572
Cases in Which Neither Suspension, an Academic Sanction, or Expulsion is Proposed as a
Sanction. In those cases not subject to 4.6(a), institutional rules may provide for a hearing
process, other than that provided for in Section 5, that at a minimum provides that the
Associate Dean inform the student in writing of the charges, evidence, findings, and the
sanction(s); allows the student an opportunity to meet with the Associate Dean to provide
evidence on his/her behalf; provides an appeal process to a designated appeals officer that
includes a reasonable time to submit the student’s position as to why the facts do not
support the charges and/or why the sanction is inappropriate and provides for a designated
appeals officer who will review and consider the file pertaining to the case.
In any case involving a violation of the Sexual Harassment/Sexual Misconduct Policy, the
accuser will be provided an equal opportunity to participate in the process.
1.573
Burden of Proof. Upon a hearing of the charges, the Associate Dean or other institutional
representative has the burden of going forward with the evidence and has the burden of
proving the charges by the greater weight of the credible evidence.
1.6 Hearing Process
In those cases in which the accused student disputes the facts upon which the charges are based, such
charges shall be heard and determined by a fair and impartial Hearing Officer.
In any case involving a violation of the Sexual Harassment/Sexual Misconduct Policy, the accuser will be
provided the same rights and responsibilities outlined in this section as the accused including the right to
have notice of the hearing.
19
1.61
Interim Disciplinary Action Accelerated Hearing.
When interim disciplinary action has been taken by the Associate Dean under Section 4.3 above, the
student will be given the opportunity to have a hearing of the charges in accordance with the
procedures specified in Section 5.5 below within 7 days after the interim disciplinary action was
taken; however, if the Associate Dean determines that there is good cause, the 7-day period may be
extended for a reasonable period.
1.62
Notice of Hearing.
Except in those cases where immediate interim disciplinary action has been taken, the accused
student shall be given at least 7 days written notice of the date, time, and place for such hearing and
the name of the Hearing Officer. The notice shall include a statement of the charge(s) and a
summary statement of the evidence supporting such charge(s). The notice shall be delivered in
person to the student, mailed or, if the student is currently enrolled, emailed to the student at the
address appearing in the registrar's records. A notice sent by mail will be considered to have been
received on the third day after the date of mailing, excluding any intervening Sunday. A notice sent
by email will be considered to have been received on the second day after the date of mailing,
excluding any intervening Sunday. The date for a hearing may be postponed by the Hearing Officer
for good cause or by agreement of the student and Associate Dean.
1.63
Impartiality of the Hearing Officer(s).
The accused student may challenge the impartiality of a Hearing Officer(s). The challenge must be
in writing, state the reasons for the challenge, and be submitted to the Hearing Officer(s) through the
Office of the Associate Dean at least three days prior to the hearing. The Hearing Officer(s) shall be
the sole judge of whether he or she can serve with fairness and objectivity. In the event a Hearing
Officer(s) disqualifies himself or herself, a substitute will be chosen in accordance with procedures
of the institution.
1.64
Duties of Hearing Officer(s).
The Hearing Officer(s) is responsible for conducting the hearing in an orderly manner and
controlling the conduct of the witnesses and participants in the hearing. The Hearing Officer(s) shall
rule on all procedural matters and on objections regarding exhibits and testimony of witnesses, may
question witnesses, and is entitled to have the advice and assistance of legal counsel from the Office
of General Counsel of the System. The Hearing Officer(s) shall render and send to the Associate
Dean and the accused student a written decision that contains findings of fact and a conclusion as to
whether the accused student is responsible for the violations as charged. Upon a finding of
responsibility the Hearing Officer(s) shall assess a sanction or sanctions specified in Section 6
below. When an accused student is found responsible for the illegal use, possession, or sale of a
drug or narcotic on campus, the assessment of a minimum sanction provided in Section 2.3 above is
required.
1.65
Procedures.
The hearing shall be conducted in accordance with procedures adopted by the institution that are
consistent with the following:
20
1.651
Each party shall provide the other party a list of witnesses, a brief summary of the
testimony to be given by each, and a copy of documents to be introduced at the hearing at
least five days prior to the hearing.
1.652
Each party shall have the right to appear, present testimony of witnesses and documentary
evidence, cross-examine witnesses (as permitted by the hearing officer), and be assisted by
an advisor of choice. The advisor may be an attorney. If the accused student’s advisor is an
attorney, the Associate Dean’s advisor may be an attorney from the Office of General
Counsel of the U.T. System. An advisor may confer with and advise the Associate Dean or
accused student, but shall not be permitted to question witnesses, introduce evidence, make
objections or present argument to the Hearing Officer(s). In sexual harassment/sexual
assault cases, the alleged victim shall have the right to be present throughout the hearing, to
have an advisor present during the hearing, to have irrelevant past sexual history with third
parties excluded from the evidence; and to have a closed hearing.
1.653
The Associate Dean may recommend a sanction to be assessed by the Hearing Officer(s).
The recommendation may be based upon past practice of the institution for violations of a
similar nature, the past disciplinary record of the student, or other factors deemed relevant
by the Associate Dean. The accused student shall be entitled to respond to the
recommendation of the Associate Dean.
1.654
The hearing will be recorded. If either party desires to appeal the decision of the Hearing
Officer(s) in accordance with Section 7 below, the official record will consist of the
recording of the hearing, the documents received in evidence, and the decision of the
Hearing Officer(s). At the request of the president of an institution or his/her designee for
the appeal, the recording of the hearing will be transcribed and both parties will be
furnished a copy
1.7 Sanctions
The following sanctions may be assessed by the Associate Dean or by the Hearing Officer(s) as applicable,
in accordance with these procedures:
1.71
Admonition.
1.72
Disciplinary probation.
1.73
Withholding of grades, official transcript, and/or degree.
1.74
Bar against readmission.
1.75
Restitution or reimbursement for damage to or misappropriation of institutional or U. T. System
property.
1.76
Deferred suspension.
1.77
Suspension of rights and privileges, including participation in athletic or extracurricular activities.
1.78
Failing grade or reduction of a grade for an examination, assignment, or for a course, as
recommended by the instructor.
1.79
Denial of degree.
21
1.710
Suspension from the institution for a specified period of time or until the student meets specified
conditions. Students who are currently enrolled will be administratively withdrawn from all courses
and refunds will not be issued. Suspension is noted on the academic transcript with the term
“Disciplinary Suspension.” The notation can be removed upon the request of the student in
accordance wi thteh procedures adopted in the University’s code of conduct when all conditions of
the suspension are met.
1.711
Expulsion (permanent separation from the institution). Expulsion creates a permanent notation on
the student’s academic transcript.
1.712
Revocation of degree and withdrawal of diploma.
1.713
Other sanction as deemed appropriate under the circumstances.
1.8 Appeal Procedures.
1.81 A student may appeal a disciplinary sanction assessed by the Associate Dean in accordance with
Section 4.6(a) above. Either the Associate Dean or the student may appeal the decision of the Hearing
Officer(s). In sexual harassment/sexual misconduct cases, the alleged victim may pursue an appeal
under the same procedure as the accused student. An appeal shall be in accordance with the following
procedures
1.82
Appeal Procedures.
The appealing party must submit a written appeal stating the specific reasons for the appeal and any
argument to the president of the institution or his/her designee (hereafter “Appeal Official”) with a
copy to the other party. The appeal must be stamped as received in the office of the Appeal Official no
later than 7 days after the appealing party has been notified of the sanction assessed by the Associate
Dean or the decision of the Hearing Officer(s). If the notice of sanction assessed by the Associate
Dean or the decision of the Hearing Officer(s) is sent by mail or email, the date the notice or decision
is mailed or emailed initiates the 7-day period for the appeal. The non-appealing party, and in sexual
harassment/sexual misconduct cases, the alleged victim, may submit a response to the appeal, which
must be received by the Appeal Official no later than five days after receipt of the appeal, with a copy
to the other party. An appeal of the sanction assessed by the Associate Dean in accordance with
Section 4.6(a) above will be reviewed solely on the basis of the written argument of the student and
the Associate Dean. The appeal of the decision of the Hearing Officer(s) will be reviewed solely on
the basis of the record from the hearing. The Associate Dean will submit the record from the hearing
to the Appeal Official as soon as it is available to the Associate Dean. The Appeal Official, may, at his
or her discretion, entertain oral argument in an appeal from the decision of the Hearing Officer(s).
1.83 Appeal Official’s Authority.
The Appeal Official may approve, reject, or modify the decision in question or may require that the
original hearing be reopened for the presentation of additional evidence and reconsideration of the
decision. It is provided, however, that upon a finding of responsibility in a case involving the illegal
use, possession, and/or sale of a drug or narcotic on campus, the sanction may not be reduced below
the sanction as prescribed by Section 2.3 above.
1.84 Communication of Decision.
The action of the Appeal Official shall be communicated in writing to the student(s) and the Associate
Dean within 14 days after the appeal and related documents have been received. The decision of the
22
Appeal Official is the final appellate review. The Appeal Official may extend the 14-day period if
he/she determines that there is good cause.
1.9 Disciplinary Record.
The academic transcript of a student suspended or expelled for disciplinary reasons shall be marked with
“Disciplinary Suspension” or “Expulsion” as appropriate. Each institution shall maintain a permanent
written disciplinary record for every student assessed a sanction of suspension, expulsion, denial or
revocation of degree, and/or withdrawal of diploma. A record of scholastic dishonesty shall be maintained
for at least five years, and disciplinary records required by law to be maintained for certain periods of time,
i.e. Clery violations, shall be maintained for at least the time specified in the applicable law, unless the
record is permanent in conjunction with the above stated sanctions. A disciplinary record shall reflect the
nature of the charge, the disposition of the charge, the sanction assessed, and any other pertinent
information. This disciplinary record shall be maintained by the Office of the Associate Dean of Students. It
shall be treated as confidential, and shall not be accessible to anyone other than the Associate Dean or
university officials with legitimate educational interests, except upon written authorization of the student or
in accordance with applicable State or federal laws or court order or subpoena.
1.10 Definitions
1.101 Administrative Disposition – A document signed by the student and Associate Dean which includes
a statement of the disciplinary charges, the findings, the sanction and a waiver of the hearing
procedures and possibly a waiver of appeals under Regents’ Rules and Regulations, Rule 50101,
Section 2, and institutional rules regarding student discipline.
1.102 Campus – Consists of all real property, buildings, or facilities owned or controlled by the institution.
1.103 Chief Student Affairs Officer – The administrative officer primarily responsible for the
development and administration of policies relating to students, for the development and
implementation of services to students, and for the initial preparation of institutional regulations that
will implement the policies and regulations set forth in this rule.
1.104
Associate Dean or Associate Dean of Students – Refers to the administrative officer or officers
responsible for the administration of the disciplinary process at each institution. The Associate Dean
of Students may designate individual(s) to administer disciplinary cases under this policy.
1.105 Hearing Officer – An individual or individuals selected in accordance with procedures adopted by
the institution pursuant to the recommendation of the Chief Student Affairs Officer to hear
disciplinary charges, make findings of fact, and, upon a finding of responsibility, impose an
appropriate sanction(s).
1.106 Student – The following persons shall be considered students for purposes of these policies and
regulations:
1.1061
A person currently enrolled at an institution of the U. T. System.
1.1062
A person accepted for admission or readmission to an institution of the U.T. System.
1.1603
A person who has been enrolled at an institution of the U. T. System in a prior semester
or summer session and is eligible to continue enrollment in the semester or summer
session that immediately follows.
23
1.1064
A person who engaged in prohibited conduct at a time when he or she met the criteria
of 1, 2, or 3 above.
1.107
Day – A calendar day, except for any day that is an official holiday of the institution or when
regularly scheduled classes are suspended due to emergent situations.
1.108
Business Day– Monday through Friday, excluding any day that is an official holiday of the
institution or when regularly scheduled classes are suspended due to emergent situations.
1.11 Authority/Related Policies
Regents’ Rules and Regulations, Rule 50101
1.12 Dates Approved or Amended
September 29, 2015
Sexual Harassment and Sexual Misconduct Policy
2.
Title
Sexual Harassment/Sexual Misconduct Policy
2.1 General Policy Statement
2.11 The University of Texas of the Permian Basin is committed to maintaining a learning and working
environment that is free from discrimination based on sex in accordance with Title IX of the Higher
Education Amendments of 1972 (Title IX), which prohibits discrimination on the basis of sex in
educational programs or activities; Title VII of the Civil Rights Act of 1964 (Title VII), which
prohibits sex discrimination in employment; and the Campus Sexual Violence Elimination Act (SaVE
Act). Sexual misconduct is a form of sex discrimination and will not be tolerated. As stated in the
definition, sexual misconduct includes sexual harassment, sexual violence, sexual assault, stalking,
domestic violence and/or dating violence. Individuals who engage in sexual misconduct and other
inappropriate sexual conduct will be subject to disciplinary action.
2.12 The University will take prompt disciplinary action against any individuals or organizations within its
control who violate this Policy. The University encourages any student, faculty, staff or visitor to
promptly report violations of this Policy to an individual identified in Section 3.2.
2.12 Applicability. This Policy applies to all University administrators, faculty, staff, students, and third
parties within the University’s control, including visitors and applicants for employment. It applies to
conduct regardless of where it occurs, including off University property, if it potentially affects the
complainant’s education or employment with the University. It also applies regardless of the gender,
gender identity or sexual orientation of the complainant or the respondent. In addition, it applies
whether the complaint was made by or against a third party, and whether the complaint was made
verbally or in writing.
2.14 Filing a Complaint and Reporting Violations.
2.15 All Members of the University Community, Third Party and Anonymous Complaints. All
administrators, faculty, staff, students, and third parties are strongly encouraged to immediately report
any incidents of sexual misconduct (including sexual harassment and sexual violence) and other
inappropriate sexual conduct to the Title IX Coordinator or Deputy Coordinators.
24
2.151 Anonymity. Individuals wishing to remain anonymous can file a complaint in any manner,
including by telephone or written communication with the Title IX Coordinator or a Deputy
Coordinator; however, electing to remain anonymous may greatly limit the University’s ability
to stop the harassment, collect evidence, or take effective action against individuals or
organizations accused of violating the Policy.
2.152 Confidentiality. The University has an obligation to maintain an environment free of sex
discrimination, thus many University employees have mandatory reporting and response
obligations and may not be able to honor a complainant’s request for confidentiality.
Complainants who want to discuss a complaint in strict confidence may use the resources
outlined in Section 3.5.
2.153 Timeliness of Complaint. Complaints should be reported as soon as possible after the
complainant becomes aware of the inappropriate conduct. Delays in reporting can greatly
limit the University’s ability to stop the harassment, collect evidence, and/or take effective
action against individuals or organizations accused of violating the Policy.
2.2
Responsible Employees. Incidents of sexual misconduct (including sexual harassment and sexual
violence) and other inappropriate sexual conduct may also be reported to Responsible Employees. A
Responsible Employee is a University employee who has the duty to report incidents of sexual
misconduct to the Title IX Coordinator or other appropriate designee, or an employee whom an
individual could reasonably believe has this duty. Responsible employees include all administrators,
faculty, supervisory staff, resident life directors and advisors, and graduate teaching assistants, except
any employee with confidentiality obligations as defined in Section 3.5.1 Responsible Employees can
find contact information for the Title IX Coordinator and Deputy Coordinators at the following
website: http://www.utpb.edu/campus-life/dean-of-students/sexual-harassment-sexual-assault-/titleix.
2.3
Reporting to Law Enforcement. Complaints of sexual misconduct may also be made to The
University of Texas of the Permian Basin Police Department at 432-552-2786 (non-emergency) or
432-552-2911 (emergency), to the City of Odessa Police Department at 432-333-3641 (nonemergency) or 911 (emergency), to the City of Midland Police Department at 432-685-7108 (nonemergency) or 911 (emergency), or to other local law enforcement authorities. The Title IX Deputy
Coordinators can help individuals contact these law enforcement agencies. Employees and students
with protective or restraining orders relevant to a complaint are encouraged to provide a copy to the
University Police Department.
2.31 If a complaint of sexual misconduct is reported to the University Police Department, it shall
advise the complainant of his or her right to file a complaint under this Policy. To the extent
allowed by law and University policy, the University Police Department shall also notify the
Title IX Coordinator of the complaint, and provide the Title IX Coordinator or the individual
investigating the complaint access to any related University law enforcement records, so long as
doing so does not compromise any criminal investigation.
2.4
Reporting to Outside Entities. An individual wishing to make a complaint may also contact the U.S.
Department of Education, Office for Civil Rights (OCR) to complain of sex discrimination or sexual
misconduct including sexual violence:
1
For example, a student may make a complaint to an employee in the Dean of Students’ Office, a faculty member or
university police. Each of these individuals is considered a Responsible Employee and accordingly each is obligated to
report the complaint to the Title IX Coordinator or other appropriate designee.
25
Office for Civil Rights
U.S. Department of Education
1999 Bryan Street, Suite 1620
Dallas, TX 75201-6810
Phone: (214) 661-9600
FAX: (214) 661-9587
Employees may also contact the U.S. Equal Employment Opportunity Commission to complain of sex
discrimination or sexual harassment:
U.S. Equal Employment Opportunity Commission
Dallas District Office
207 S. Houston Street, 3rd Floor
Dallas, TX 75202
Phone: (800) 669-4000
FAX: (214) 253-2720
2.5
Confidential Support and Resources. Physical and mental health care professionals and pastoral
counselors (including those who act in that role under the supervision of these individuals), are
prohibited by confidentiality laws from reporting any information about an incident to anyone, in any
way that identifies the victim, without the victim’s permission. Thus, students may discuss an
incident with a counselor in Counseling and Psychological Services, a health care provider in Health
Services, the clergyperson of the student’s choice, or an off-campus resource (i.e. rape crisis center,
doctor, psychologist, etc.) without concern that the incident will be reported to the Title IX
Coordinator. Employees may also seek assistance from the Employee Assistance Program, their own
personal health care provider, the clergyperson of the employee’s choice, or an off-campus rape crisis
resource without concern that the incident will be reported to the Title IX Coordinator. The
University and community resources that provide such services are: UTPB Counseling Center, located
at FB 061, phone number 432-552-2365.
2.6
Immunity. In an effort to encourage reporting of sexual misconduct, the University may grant
immunity from student disciplinary action to a person who voluntarily initiates a report of sexual
misconduct or assists a complainant, if that person acts in good faith in reporting a complaint or
participating in an investigation. This immunity does not extend to the person’s own violations of this
Policy.
2.7
Title IX Coordinator and Deputy Coordinators. The Title IX Coordinator and Deputy Coordinators
are:
Title IX Coordinator: MB 4240A, 432-552-2697, TitleIXCoordinator@UTPB.edu.
Deputy Title IX Coordinator for Student Issues: Associate Dean of Students, MB 2120C,
432-552-4654.
Deputy Title IX Coordinator for Faculty/Staff Issues: Director of Human Resources, MB
4224, 432-552-2750.
2.8
Parties’ Rights Regarding Confidentiality. The University has great respect for the privacy of the
parties in a complaint. Under federal law, however, Responsible Employees who receive a report of
sexual misconduct must share that information with the Title IX Coordinator and/or a Deputy
26
Coordinator. The coordinators may need to act to maintain campus safety and must determine
whether to investigate further under Title IX, regardless of the complainant’s request for
confidentiality.
2.8.1 In the course of the investigation, the University may share information only as
necessary with people who need to know to fulfill the purposes of this Policy and
applicable law, such as investigators, witnesses, and the respondent. The University will
take all reasonable steps to ensure there is no retaliation against a complainant. The
University will comply with the Family Educational Rights and Privacy Act (FERPA),
with Texas Education Code Sec. 51.971 and other confidentiality laws as they apply to
Title IX investigations. To the extent possible, the University will also protect the
privacy of all parties to a report of sexual misconduct.
2.9 Victim Resources.
2.91 Immediate Assistance.
SANE (Sexual Assault Nurse Examiner) Exam location, contact Midland Memorial Hospital at 432221-1111 for general information or ER service 432-221-1558.
Medical Center Hospital: General information 432-640-4000 or ER service 432-640-1190.
UTPB Counseling Center: 432-552-2365.
RAINN (Rape, Abuse and Incest National Network): Information and resources on sexual assault
and sexual harassment www.rainn.org.
2.92 Healthcare. An individual who experiences any form of sexual, domestic, or dating violence is
encouraged to seek immediate medical care. Also, preserving DNA evidence can be key to identifying
the perpetrator in a sexual violence case. Victims can undergo a medical exam to preserve physical
evidence with or without police involvement. If possible, this should be done immediately. If an
immediate medical exam is not possible, individuals who have experienced a sexual assault may have a
Sexual Assault Forensic Exam (SAFE) performed by a Sexual Assault Nurse Examiner (SANE) within
4 days of the incident. With the examinee’s consent, the physical evidence collected during this medical
exam can be used in a criminal investigation; however, a person may undergo a SAFE even without
contacting, or intending to contact, the police. To undergo a SAFE, go directly to the emergency
department of Midland Memorial Hospital or the nearest hospital that provides SAFE services.
For more information about the SAFE, see http://hopelaws.org/ or
https://www.texasattorneygeneral.gov/victims/sapcs.shtml#survivors. The cost of the forensic
portion of the exam is covered by the law enforcement agency that is investigating the assault or,
in cases where a report will not be made to the police, the Texas Department of Public Safety.
This does not include fees related to medical treatment that are not a part of the SAFE.
2.93 Police Assistance. The University encourages individuals who have experienced sexual misconduct to
make a report to the police. It is important to note that a police department’s geographic jurisdiction
depends on where the sexual misconduct occurred. If the incident occurred on the University campus, a
report may be filed with the UTPB Police Department by calling 432-552-2786 or in person at the
UTPB Police Department headquarters at MB 1103, even if time has passed since the assault occurred.
2.931 The UTPB Police Department can also assist with filing any protective orders. Reporting an
assault to law enforcement does not mean that the case will automatically go to criminal trial or to
a University disciplinary hearing. If the University police are called, a uniformed officer will be
27
sent to the scene to take a detailed statement. A ride to the hospital may be provided by the police
department. A report may be filed with the University police even if the assailant was not a
University student or employee. If the incident occurred in the City of Odessa or Midland, but off
campus, a report may be filed with the City of Odessa or Midland Police Department, even if time
has passed since the assault occurred. If a report is made to the police, a uniformed officer will
usually be dispatched to the location to take a written report.
2.94 Counseling and Other Services. A person who has experienced sexual violence is strongly encouraged
to seek medical and psychological care even if he or she does not plan to request a SAFE or report the
assault to the police. He or she may be prescribed medications to prevent sexually transmitted infections
and/or pregnancy even if the police are not contacted or if a SAFE is not performed.
2.941 Medical care can be provided at University Health Services (for students only), at a local
emergency room, or by a private physician. Psychological support can be provided by the
University Counseling Center (students), Employee Assistance (employees), a referral through the
Employee Assistance Program, or a care provider of the individual’s choosing.
Students desiring counseling should contact:
The UTPB Counseling Center, located at FB 061, phone number 432-552-2365.
Faculty and staff should contact:
The UTPB Counseling Center, located at FB 061, phone number 432-552-2365.
2.10 Interim Measures and Ongoing Assistance.
In addition to the services provided by on- and off-campus providers, the University will take immediate and
interim measures to assure the safety and well-being of the complainant, to maintain an environment free
from harassment, discrimination or retaliation, and to protect the safety and well-being of community
members.
For example, if the accused is an employee, interim action may include reassignment and suspension. If the
accused is a student, interim action may include suspension, no contact orders, changing living
arrangements, modifying the course schedule, or modifying other aspects of the educational environment.
Interim action may also include allowing the complainant to move to a new residence hall, change work
schedules, alter academic schedules, and withdraw from or retake a class without penalty. Moreover, the
University may be able to provide additional accommodations for a complainant while an investigation is
pending.
2.11 Intake Procedures and Protocol.
2.111 Key Officials in an Investigation.
2.1111 Title IX Coordinator. The Title IX Coordinator is the senior University administrator who
oversees the University’s compliance with Title IX. The Title IX Coordinator is responsible
for leading the administrative investigation of reports of sexual misconduct and is available to
discuss options, provide support, explain University policies and procedures, and provide
education on relevant issues. The Title IX Coordinator may designate one or more Deputy
Title IX Coordinators.
Any member of the University community may contact the Title IX Coordinator with
questions.
28
2.1112 Investigators. The Title IX Coordinator will ensure that complaints are properly investigated
under this Policy. The Title IX Coordinator will also ensure that investigators are properly
trained at least annually to conduct investigations that occur under this Policy. The Title IX
Deputy Coordinators shall supervise and advise the Title IX investigators when conducting
investigations and update the Title IX Coordinator as necessary.
2.12 Assessment of Complaint.
The Title IX Coordinator or designee will conduct a preliminary assessment of the complaint and determine
whether a formal resolution or an informal resolution should occur. Informal resolution may be appropriate:
2.121 With a complaint solely of sexual harassment, not including sexual violence as defined in this Policy;
and
2.122 When both parties are categorically similar (i.e. employee/employee or student/student).
2.13 Notification of University Offices Offering Assistance. After receiving a complaint, the Title IX Coordinator
shall direct the Deputy Title IX Coordinator for Student Issues for students or the Deputy Title IX
Coordinator for Faculty/Staff Issues for employees to inform the complainant of available resources and
assistance. While taking into consideration requested confidentiality, the Deputy Title IX Coordinator for
Student Issues for students and Deputy Title IX Coordinator for Faculty/Staff Issues office may serve as a
liaison between the complainant and the Title IX Coordinator during the investigation.
2.14 Informal Resolution of Certain Sexual Harassment Complaints. (OPTIONAL)
A complainant may use this option instead of or before filing a formal complaint, but is not required to do
so. Also, this option is not permitted for sexual violence cases. Anyone who believes that he or she has
been subject to sexual misconduct may immediately file a formal complaint as described in Section 3 of this
Policy. An individual wishing to use the informal resolution process should contact the Title IX
Coordinator.
2.141 Informal Assistance. In certain sexual harassment complaints, an individual may not wish to file a
formal complaint. If informal assistance is deemed appropriate by the Title IX Coordinator or
designee, then the individual will be provided assistance in informally resolving the alleged sexual
harassment. Assistance may include providing the complainant with strategies for communicating
with the offending party that his or her behavior is unwelcomed and should cease, directing a
University official to inform the offending party to stop the unwelcomed conduct, or initiating
mediation. However, the University may take more formal action, including disciplinary action, to
ensure an environment free of sexual harassment or sexual misconduct.
2.142 Timeframe. Informal resolutions should be completed no later than 10 business days after the Title IX
Coordinator receives the request for informal resolution.
2.143 Confidentiality and Documentation. The University will document and record informal resolutions.
The Title IX Coordinator will retain the documentation. If the individual’s wish to remain anonymous
limits the University’s ability to establish facts and eliminate the potential harassment, the University
will attempt to find the right balance between the individual’s desire for privacy and confidentiality
and its responsibility to provide an environment free of sexual harassment.
2.15 Formal Complaint and Investigation.
2.151 Formal Complaint. To begin the investigation process, the complainant should submit a signed,
written statement setting out the details of the conduct that is the subject of the complaint, including
the complainant’s name, signature, and contact information; the name of the person directly
responsible for the alleged violation; a detailed description of the conduct or event that is the basis of
the alleged violation; the date(s) and location(s) of the occurrence(s); the names of any witnesses to
29
the occurrence(s); the resolution sought; and any documents or information that is relevant to the
complaint. The University may initiate an investigation regardless of the manner in which a
complaint is received or whether a complaint is received at all. However, the complainant is strongly
encouraged to file a written complaint. If the complaint is not in writing, the investigator should
prepare a statement of what he or she understands the complaint to be and ask the complainant to
verify that statement. The University office receiving the complaint should refer the complaint to the
Title IX Coordinator.
2.152 Investigation.
2.1521 An investigator will be assigned to investigate the complaint.
2.1522 As part of the investigation process, the complainant and the respondent will be provided
notice of the complaint and allowed a reasonable time to respond in writing.
2.1523 The complainant and the respondent may present any document or information that is believed
to be relevant to the complaint.
2.1524 Persons thought to have information relevant to the complaint will be interviewed, and those
interviews will be appropriately documented. Both the respondent and the complainant may
recommend witnesses for interview and suggest questions that should be asked. Neither the
complainant nor the respondent will normally attend these interviews or the gathering of
evidence; however, if either one is permitted to attend, the other shall have the same right.
2.1525 The investigation of a complaint will be concluded as soon as possible after receipt of the
written complaint. In investigations exceeding 60 days, a justification for the delay will be
presented to and reviewed by the Title IX Coordinator or his/her supervisor. The
complainant, respondent, and supervisor should be provided updates on the progress of the
investigation and issuance of the report.
2.1526 After the investigation is complete, a written report2 will be issued to the Title IX Coordinator
and the appropriate administrator. The appropriate administrator will depend on the status of
the respondent (i.e., student, faculty or employee). The report shall include factual findings
and a preliminary conclusion of whether a policy violation occurred (based on a
“preponderance of the evidence” standard).
2.1527 After the written report is completed, the complainant and respondent will be allowed to
inspect the report or, at the university’s discretion, provided letters summarizing the findings
in the report in keeping with FERPA and Texas Education Code, Section 51.971. If a letter is
provided, it will contain enough detail to allow the complainant and respondent to comment on
the adequacy of the investigation. Each will have 7 business days from the date of receipt (as
indicated on the return receipt) to submit written comments regarding the investigation to the
Title IX Coordinator.
2.1528 Within 7 business days after the deadline for receipt of comments from the complainant and
respondent, the Title IX Coordinator or his or her designee will: (1) request further
investigation into the complaint; (2) dismiss the complaint if it is determined that no violation
of policy or inappropriate conduct occurred; or (3) find that the Policy was violated. A
decision that the Policy was violated shall be based on the record.
2
Appropriate report redactions will be made to comply with Texas Education Code, Section 51.971.
30
2.1529 If the Title IX Coordinator or his or her designee determines that the Policy was violated, he or
she will refer the matter for disciplinary action under the applicable disciplinary policies and
procedures, which depend on the status of the respondent (i.e., student, faculty or employee).
2.1530 The complainant and the respondent shall be informed concurrently in writing of the decision
in accordance with section 6.5.G of this Policy.
2.1531 The appropriate administrator will impose disciplinary action or sanction(s) in accordance with
the applicable policies and procedures dependent on the status of the respondent (i.e., student,
faculty or employee).
2.16 Standard of Proof. All investigations under this Policy will use the preponderance of the evidence standard
to determine violations of this Policy.
2.17 Timelines. Barring any unforeseen and reasonable delays, the University will endeavor to resolve
complaints under this Policy no later than 60 calendar days after the initial report was received by the
Responsible Employee. If the investigation and resolution exceeds 60 calendar days, the University will
notify all parties in writing of the reason for the delay and the expected time frame adjustment. Best efforts
will be made to complete the process in a timely manner by balancing principles of thoroughness and
fundamental fairness with promptness.
2.171 At the request of law enforcement, the University may defer its fact-gathering until after the initial
stages of a criminal investigation. The University will nevertheless communicate with the
complainant regarding his/her Title IX rights, procedural options, the status of the investigation, and
the implementation of interim measures to ensure his/her safety and well-being. The University will
also communicate with the respondent regarding his/her Title IX rights, procedural options and
information regarding the status of the investigation. The University will promptly resume its factgathering as soon as law enforcement has completed its initial investigation, or if the fact-gathering is
not completed in a reasonable time.
2.172 The filing of a complaint under this Policy does not excuse the complainant from meeting time limits
imposed by outside agencies. Likewise, the applicable civil or criminal statute of limitations will not
affect the University’s investigation of the complaint.
2.18 Remedies. In addition to sanctions that may be imposed pursuant to the appropriate disciplinary policy, the
University will take appropriate action(s), including but not limited to those below to resolve complaints of
sexual misconduct, prevent any recurrence and, as appropriate, remedy any effects:
2.181 Imposing sanctions against the respondent, including attending training, suspension, termination or
expulsion;
2.182 Ensuring the complainant and respondent do not share classes, working environments or
extracurricular activities;
2.183 Making modifications to the on campus living arrangements of the respondent or complainant (if the
complainant requests to be moved);
2.184 Providing comprehensive, holistic victim services including medical, counseling and academic
support services, such as tutoring;
2.185 Providing the complainant extra time to complete or re-take a class or withdraw from a class without
an academic or financial penalty;
2.186 Determining whether sexual misconduct adversely affected the complainant’s university standing;
2.187 Designating an individual specifically trained in providing trauma-informed comprehensive services
to victims of sexual violence to be on call to assist victims whenever needed;
31
2.188 Conducting, in conjunction with University leaders, a University climate check to assess the
effectiveness of efforts to ensure that the University is free from sexual misconduct, and using that
information to inform future proactive steps that the University will take;
2.189 Providing targeted training for a group of students if, for example, the sexual misconduct created a
hostile environment in a residence hall, fraternity or sorority, or on an athletic team. Bystander
intervention and sexual misconduct prevention programs may be appropriate;
2.1810 Issuing policy statements or taking other steps to clearly communicate that the University does not
tolerate sexual misconduct and will respond to any incidents and to any individual who reports such
incidents.
These remedies are separate from, and in addition to, any interim measures that may have been provided
before the end of the University’s investigation. If the complainant did not take advantage of a specific
service (e.g., counseling) when offered as an interim measure, the complainant should still be offered, and is
still entitled to, appropriate final remedies that may include services the complainant declined as an interim
measure. A refusal at the interim stage does not mean the refused service or set of services should not be
offered as a remedy.
2.19 Sanctions and Discipline. Disciplinary action against faculty and employees will be handled under the
University’s policies for discipline and dismissal of faculty and employees. Disciplinary actions may
include, but are not limited to, written reprimands, the imposition of conditions, reassignment, suspension,
and dismissal. The Associate Dean of Students will impose disciplinary action, if any, against a student
under the University’s student disciplinary procedures. Student disciplinary actions may include, but are not
limited to, probation, suspension, or expulsion.
Student Conduct and Discipline Policy
Discipline and Dismissal Policy and Procedures
In accordance with federal law, when disciplinary action is commenced because of a violation of this
Policy, the above policies will provide both parties equal opportunities in all aspects of the process
including notices and advisor representation. Further, the standard of proof in determining the outcome
will be the “preponderance of the evidence,” as defined in this policy.
2.20 Provisions Applicable to the Investigation.
2.201Assistance. During the investigation process, a complainant or respondent may be assisted by an
advisor, who may be an attorney; however, the advisor may not actively participate in a meeting or
interview.
2.202 Time Limitations. Time limitations in these procedures may be modified by the Title IX Coordinator
or appropriate administrator on a written showing of good cause by the complainant, respondent, or the
University.
2.203 Concurrent Criminal or Civil Proceedings. The University will not wait for the outcome of a
concurrent criminal or civil justice proceeding to take action. The University has an independent duty
to investigate complaints of sexual misconduct. (Except as provided in Sec. 6.7).
2.204 Documentation. The University shall document complaints and their resolution and retain copies of all
materials in accordance with state and federal records laws and University policy.
2.21 Dissemination of Policy and Educational Programs.
2.211This Policy will be made available to all University administrators, faculty, staff, and students online at
http://www.utpb.edu/campus-life/dean-of-students/sexual-harassment-sexual-assaulthttp://www.utpb.edu/docs/default-source/utpb-docs/pdf/hop/part_iii.pdf?sfvrsn=2 and in University
publications. Periodic notices will be sent to University administrators, faculty, staff and students
about the University’s Sexual Harassment/Sexual Misconduct Policy. The notice will include
information about sexual misconduct, including the complaint procedure, and about University
disciplinary policies and available resources, such as support services, health, and mental health
32
services. The notice will specify the right to file a complaint under this Policy and with law
enforcement and will refer individuals to designated offices or officials for additional information.
2.212 Ongoing Sexual Misconduct Training. The University’s commitment to raising awareness of the
dangers of sexual misconduct includes offering ongoing education through annual training and
lectures by faculty, staff, mental health professionals, and/or trained University personnel. The
University will periodically educate and train employees and supervisors regarding the Policy and
conduct that could constitute a violation of the Policy. Preventive education and training programs
will be provided to University administrators, faculty, staff, and students and will include information
about risk reduction, including bystander intervention. Training on sexual harassment and sexual
violence policy and procedures will be provided to law enforcement personnel, including training on
their obligation to advise University administrators, faculty, staff, and students of their rights to file a
complaint under this Policy and their right to file a criminal complaint. [Link to web page with
training provided]
2.213 Training of Coordinators, Investigators, Hearing and Appellate Authorities. All Title IX Coordinators,
Deputy Coordinators, investigators, and those with authority over sexual misconduct hearings and
appeals shall receive training each academic year about offenses, investigatory procedures, due
process, and University policies related to sexual misconduct.
2.22 Additional Conduct Violations.
2.221 Retaliation. Any administrator, faculty member, student or employee who knowingly and intentionally
retaliates in any way against an individual who has brought a complaint under this Policy, participated
in an investigation or disciplinary process of such a complaint, or opposed any unlawful practice, is
subject to disciplinary action up to and including dismissal or separation from the University.
2.222 False Complaints. Any person who knowingly and intentionally files a false complaint under this Policy
is subject to disciplinary action up to and including dismissal or separation from the University. A
finding of non-responsibility does not indicate a report was false.
2.223 Interference with an Investigation. Any person who knowingly and intentionally interferes with an
ongoing investigation conducted under this Policy is subject to disciplinary action up to and including
dismissal or separation from the University. Interference with an ongoing investigation may include,
but is not limited to:
2.2231Attempting to coerce, compel, or prevent an individual from providing testimony or relevant
information;
2.2231 Removing, destroying, or altering documentation relevant to the investigation; or
2.2233 Providing false or misleading information to the investigator, or encouraging others to do so.
2.224 No Effect on Pending Personnel or Academic Actions Unrelated to the Complaint. The filing of a
complaint under this Policy will not stop or delay any action unrelated to the complaint, including: (1)
any evaluation or disciplinary action relating to a complainant who is not performing up to acceptable
standards or who has violated University rules or policies; (2) any evaluation or grading of students
participating in a class, or the ability of a student to add/drop a class, change academic programs, or
receive financial reimbursement for a class; or (3) any job-related functions of a University employee.
Nothing in this section shall limit the University’s ability to take interim action.
2.23 Documentation. The University shall confidentially maintain information related to complaints under this
Policy, as required by law. The Title IX Coordinator will document each complaint or request for assistance
under this Policy, whether made by a victim, a third party, or anonymously, and will review and retain
copies of all reports generated as a result of investigations. These records will be kept confidential to the
extent permitted by law. Any person who knowingly and intentionally makes an unauthorized disclosure of
33
confidential information contained in a complaint or otherwise related to the investigation of a complaint
under this Policy is subject to disciplinary action.
2.24 Annual Reporting and Notice. The University’s Title IX General Policy Statement will be made available to
all students, faculty, and employees online, in required publications and in specified departments. On an
annual basis, and upon any updates to this Policy, the University will send notice of its compliance with
Title IX as required by law. The annual notice shall designate the Title IX Coordinator and Deputy
Coordinators, explain which offenses are prohibited and where to report violations of this Policy, provide
information regarding victim resources, and provide a link to this Policy and other related University
websites.
2.25 Definitions and Examples3
2.251 Consent – A voluntary, mutually understandable agreement that clearly indicates a willingness to
engage in each instance of sexual activity. Consent to one act does not imply consent to
another. Past consent does not imply future consent. Consent to engage in sexual activity
with one person does not imply consent to engage in sexual activity with another. Consent
can be withdrawn at any time. Any expression of an unwillingness to engage in any
instance of sexual activity establishes a presumptive lack of consent.
Consent is not effective if it results from: (a) the use of physical force, (b) a threat of physical
force, (c) intimidation, (d) coercion, (e) incapacitation or (f) any other factor that would eliminate
an individual’s ability to exercise his or her own free will to choose whether or not to have sexual
activity.
A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent.
Even in the context of a relationship, there must be a voluntary, mutually understandable
agreement that clearly indicates a willingness to engage in each instance of sexual activity.
The definition of consent for the crime of sexual assault in Texas can be found in Section 22.011(b)
of the Texas Penal Code.4
2.252 Dating Violence5 – Violence committed by a person who is or has been in a social relationship of a
romantic or intimate nature with the victim.
3
The definitions provided in the main body of the text are the definitions adopted by the University. When applicable, we have
included the state law definition. In any criminal action brought by law enforcement, the state law definition will apply.
4
Texas Penal Code, Section 22.011(b) states that a sexual assault is without consent if: (1) the actor compels the other person to submit or
participate by the use of physical force or violence; (2) the actor compels the other person to submit or participate by threatening to use force or
violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has
not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental
disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the
other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally
impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's
knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other
person believes that the actor has the ability to execute the threat.
5
Dating Violence is defined by the Texas Family Code, Section 71.0021 as:
(a) an act, other than a defensive measure to protect oneself, by an actor that:
(1) is committed against a victim:
(A) with whom the actor has or has had a dating relationship; or
(B) because of the victim's marriage to or dating relationship with an individual with whom the actor is or has been in a
dating relationship or marriage; and
(2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim
in fear of imminent physical harm, bodily injury, assault, or sexual assault.
34
The existence of such a relationship shall be determined by the victim with consideration of
the following factors:
a) The length of the relationship;
b) The type of relationship; and
c) The frequency of interaction between the persons involved in the relationship
Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such
abuse. It does not include acts covered under the definition of domestic violence.
2.253 Domestic (Family) Violence6 – includes felony or misdemeanor crimes of violence committed by a
current or former spouse or intimate partner of the victim, by a person with whom the
victim shares a child in common, by a person who is cohabitating with or has cohabitated
with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of
the victim under the domestic or family violence laws of the state of Texas, or by any other
person against an adult or youth victim who is protected from that person’s acts under the
domestic or family violence laws of the state of Texas.
2.254 Hostile Environment – exists when sex-based harassment is sufficiently severe or pervasive to deny
or limit the individual’s ability to participate in or benefit from the University’s programs
or activities or an employee’s terms and conditions of employment. A hostile environment
can be created by anyone involved in a University’s program or activity (e.g.,
administrators, faculty members, employees, students, and University visitors).
In determining whether sex-based harassment has created a hostile environment, the University
considers the conduct in question from both a subjective and objective perspective. It will be
necessary, but not adequate, that the conduct was unwelcome to the individual who was harassed.
To conclude that conduct created or contributed to a hostile environment, the University must also
find that a reasonable person in the individual’s position would have perceived the conduct as
undesirable or offensive.
To ultimately determine whether a hostile environment exists for an individual or individuals, the
University considers a variety of factors related to the severity, persistence, or pervasiveness of the
sex-based harassment, including: (1) the type, frequency, and duration of the conduct; (2) the
identity and relationships of the persons involved; (3) the number of individuals involved; (4) the
(b) For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing
relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration
of:
(1) the length of the relationship;
(2) the nature of the relationship; and
(3) the frequency and type of interaction between the persons involved in the relationship.
(c) A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a "dating relationship"
under Subsection (b).
Texas Penal Code, Section 22.01 provides the criminal penalties associated with Dating Violence.
Family Violence is defined by the Texas Family Code Section 71.004 as:
(1) an act by a member of a family or household against another member of the family or household that is intended to result in
physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent
physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself;
(2) abuse, as that term is defined by Sections 261.001(1)(C), (E), and (G), by a member of a family or household toward a child of
the family or household; or
(3) dating violence, as that term is defined by Section 71.0021.
6
Texas Penal Code Section 22.01 provides the criminal penalties associated with Domestic (Family) Violence.
35
location of the conduct and the context in which it occurred; and (5) the degree to which the
conduct affected an individual’s education or employment.
The more severe the sex-based harassment, the less need there is to show a repetitive series of
incidents to find a hostile environment. Indeed, a single instance of sexual assault may be
sufficient to create a hostile environment. Likewise, a series of incidents may be sufficient even if
the sex-based harassment is not particularly severe.
First Amendment Considerations: this Policy does not impair the exercise of rights protected under
the First Amendment. The University’s sexual misconduct policy prohibits only sex-based
harassment that creates a hostile environment. In this and other ways, the University applies and
enforces this Policy in a manner that respects the First Amendment rights of students, faculty, and
others.
2.255 Incapacitation – A state of being that prevents an individual from having the capacity to give consent.
For example, incapacitation could result from the use of drugs or alcohol, a person being
asleep or unconscious, or because of an intellectual or other disability.
2.256 Intimidation – Unlawfully placing another person in reasonable fear of bodily harm through the use
of threatening words and/or other conduct, but without displaying a weapon or
subjecting the victim to actual physical attack.
2.257 Other Inappropriate Sexual Conduct – Includes unwelcome sexual advances, requests for sexual
favors, or verbal or physical conduct of a sexual nature directed towards another
individual that does not rise to the level of sexual harassment but is unprofessional,
inappropriate for the workplace or classroom and is not protected speech. It also
includes consensual sexual conduct that is unprofessional and inappropriate for the
workplace or classroom.
2.258 Preponderance of the Evidence – The greater weight of the credible evidence. Preponderance of the
evidence is the standard for determining allegations of sexual misconduct under this
Policy. This standard is satisfied if the action is deemed more likely to have occurred
than not.
2.259 Responsible Employee – A University employee who has the duty to report incidents of sexual
misconduct to the Title IX Coordinator or other appropriate designee, or an employee
whom an individual could reasonably believe has this duty. Responsible employees
include all administrators, faculty, supervisory staff, resident life directors and advisors,
and graduate teaching assistants, except any employee with confidentiality obligations
as defined in Section 3.5. Incidents of sexual misconduct (including sexual harassment
and sexual violence) and other inappropriate sexual conduct may also be reported to
Responsible Employees.
2.260 Retaliation – Any adverse action threatened or taken against someone because the individual has
filed, supported, provided information in connection with a complaint of sexual
misconduct or engaged in other legally protected activities. Retaliation includes, but is
not limited to, intimidation, threats or harassment against any complainant, witness or
third party.
2.261 Sexual Assault7 – An offense that meets the definition of rape, fondling, incest, or statutory rape:
7
Sexual Assault is defined by Texas Penal Code, Section 22.011 as intentionally or knowingly:
36
2.2611 Rape: the penetration, no matter how slight, of the vagina or anus with any body part or object,
or oral penetration by a sex organ of another person, without the consent of the victim.
2.2612 Fondling: The touching of the private body parts of another person for the purpose of sexual
gratification, without the consent of the victim, including instances where the victim is
incapable of giving consent because of his/her age or because of his/her temporary or
permanent mental incapacity.
2.2613 Incest: Sexual intercourse between persons who are related to each other within the degrees
wherein marriage is prohibited by law.
2.2614 Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.
2.262 Sexual Exploitation – Occurs when an individual takes non-consensual or abusive sexual advantage
of another for his or her own benefit, or to benefit anyone other than the one being exploited.
Examples of sexual exploitation include, but are not limited to, engaging in voyeurism;
forwarding of pornographic or other sexually inappropriate material by email, text, or other
channels to non-consenting students/groups; and any activity that goes beyond the boundaries of
consent, such as recording of sexual activity, letting others watch consensual sex, or knowingly
transmitting a sexually transmitted disease (STD) to another.
2.263 Sexual Harassment – Unwelcome conduct of a sexual nature including but not limited to unwelcome
sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual
nature, when submission to such conduct is made either explicitly or implicitly a term or
condition of a person's student status, employment, or participation in University activities; such
conduct is sufficiently severe or pervasive that it interferes with an individual’s education,
employment, or participation in University activities, or creates an objectively hostile
environment; or such conduct is intentionally directed towards a specific individual and has the
effect of unreasonably interfering with that individual’s education, employment, or participation
in University activities, or creating an intimidating, hostile, or offensive environment. Sexual
harassment is a form of sex discrimination that includes:
2.2631 Sexual violence, sexual assault, stalking, domestic violence and dating violence as defined
herein.
2.2632 Physical conduct, depending on the totality of the circumstances present, including frequency
and severity, including but not limited to:
2.26321 unwelcome intentional touching; or
2.26322 deliberate physical interference with or restriction of movement.
2.2633 Verbal conduct not necessary to an argument for or against the substance of any political,
religious, philosophical, ideological, or academic idea, including oral, written, or symbolic
expression, including but not limited to:
2.26331 explicit or implicit propositions to engage in sexual activity;
2.26332 gratuitous comments, jokes, questions, anecdotes or remarks of a sexual nature
about clothing or bodies;
2.26333 gratuitous remarks about sexual activities or speculation about sexual experiences;
2.26334 persistent, unwanted sexual or romantic attention;
2.26335 subtle or overt pressure for sexual favors;
a)
b)
c)
Causingthepenetrationoftheanusorsexualorganofanotherpersonbyanymeans,withoutthatperson’sconsent;
or
Causingthepenetrationofthemouthofanotherpersonbythesexualorganoftheactor,withoutthatperson’s
consent;or
Causingthesexualorganofanotherperson,withoutthatperson’sconsent,tocontactorpenetratethemouth,anus,
orsexualorganofanotherperson,includingtheactor.
37
2.26336 exposure to sexually suggestive visual displays such as photographs, graffiti,
posters, calendars or other materials; or
2.26337 deliberate, repeated humiliation or intimidation based upon sex.
2.264 Sexual Misconduct – A broad term encompassing a range of non-consensual sexual activity or
unwelcome behavior of a sexual nature. The term includes, but is not limited to, sexual assault,
sexual exploitation, sexual intimidation, sexual harassment, domestic violence, dating violence,
and stalking. Sexual misconduct can be committed by men or women, strangers or
acquaintances, and can occur between or among people of the same or opposite sex.
2.265 Sexual Violence – Physical sexual acts perpetrated against a person’s will or where a person is
incapable of giving consent. The term includes, but is not limited to, rape, sexual assault, sexual
battery, sexual coercion, sexual abuse, indecency with a child, and/or aggravated sexual assault.
2.266 Stalking8 – Engaging in a course of conduct directed at a specific person that would cause a
reasonable person to fear for his or her safety or the safety of others, or suffer substantial
emotional distress. For the purposes of this definition-2.2661 Course of conduct means two or more acts, including, but not limited to, acts in which the
stalker directly, indirectly, or through third parties, by any action, method, device, or means,
follows, monitors, observes, surveils, threatens, or communicates to or about a person, or
interferes with a person’s property.
2.2662 Reasonable person means a reasonable person under similar circumstances and with similar
identities to the victim.
2.2663 Substantial emotional distress means significant mental suffering or anguish that may, but
does not necessarily, require medical or other professional treatment or counseling.
2.3 Relevant Federal and State Statutes, and Standards
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681–1688 and its implementing regulations,
34 C.F.R. Part 106
Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e–2000e-17 and its implementing regulations 29
C.F.R. §1604 11.
Clery Act, 20 U.S.C 1092(f) and its implementing regulations 34 C.F.R. Part 668
FERPA Regulations, 34 C.F.R. Part 99
2.4 Other Relevant Policies, Procedures, and Forms
[insert reference to]:
8
Stalking as defined by Texas Penal Code, Section 42.072 is when an individual on more than one occasion and pursuant to the same scheme or
course of conduct that is directed specifically at another person, knowingly engages in conduct that:
a) is considered harassment, or that the actor knows or reasonably should know the other person will regard as threatening:
i.bodilyinjuryordeathfortheotherperson;
ii.bodilyinjuryordeathforamemberoftheotherperson'sfamilyorhouseholdorforanindividualwithwhomtheotherpersonhasa
datingrelationship;or
iii.thatanoffensewillbecommittedagainsttheotherperson'sproperty;
b) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating
relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person's property, or to
feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and
c) would cause a reasonable person to:
i.fearbodilyinjuryordeathforhimselforherself;
ii.fearbodilyinjuryordeathforamemberoftheperson'sfamilyorhouseholdorforanindividualwithwhomthepersonhasadating
relationship;
iii.fearthatanoffensewillbecommittedagainsttheperson'sproperty;or
iv.feelharassed,annoyed,alarmed,abused,tormented,embarrassed,oroffended.
38
Regents’ Rules and Regulations, Rule 30105, Sexual Harassment, Sexual Misconduct,and Consensual
Relationships
University of Texas System Administration Systemwide Policy (UTS 184), Consensual Relationships
University’s Sex Discrimination Policy
Regents’ Rules and Regulations, Rule 31008, Termination of a Faculty Member
Staff Discipline policy
Student Discipline policy
2.5 System Administration Office(s) Responsible for Policy
Office of General Counsel
2.6 Dates Approved or Amended
April 6, 2015
February 21, 2012
2.7 Contact Information
Questions or comments about this Policy should be directed to:
• ogc_intake@utsystem.edu
Subject of approval by the UT System Board of Regents.
Student Grievance/Appeal Procedures
2. Student Grievance/Appeal Procedures
2.1 Introduction
A student grievance may involve faculty, staff, an office, or other students of the University.
A grievance must be initiated within 30 calendar days from the date of the alleged infraction/dispute. Appeals
regarding assigned grades must be addressed with the instructor within 30 days of the issuance of the
grade. The time for filing a grievance can be waived for good cause as determined by the Dean of Students.
A grievance which has been brought forth and ruled on under other procedures may not be brought forth under
these procedures and vice versa.
A person who retaliates in any way against an individual who has filed a grievance is subject to disciplinary
action up to and including expulsion.
Any person who knowingly and intentionally files a false grievance under this policy is subject to disciplinary
action up to and including expulsion.
2.2 Types of Grievances/Appeal
2.21 Grade Appeal – student wishes to appeal a grade.
2.22 Academic Grievance - student wishes to contest the course requirements, examinations, course content,
admission to a program, instructor behavior, or similar issue.
2.23 Non-Academic Grievance – student wishes to address a situation that occurred outside of the classroom. A
grievance based appeal on such an issue is relevant if the grievance is between a student and one or more other
students; a faculty or staff member; a student organization; or any other office or agency of the University.
2.3 Introduction to Filing a Grievance/Appeal
At each stage of the appeal/grievance process, it is understood that the accused will be afforded the opportunity
to present separately their perspective of the nature and relative facts pertaining to the issue in question.
Students who are bringing a grievance should first try to seek a resolution of their grievance/complaint by
scheduling a conference either in person, by telephone, or virtually with the person/office with whom/which the
39
student has a dispute. If the student remains unsatisfied with the outcome of this initial conference the student
should initiate and register a formal written complaint through the University Complaint Resolution Portal
(http://utpb.edu/services/business-affairs/complaint-resolution). All formal written complaints should
be submitted through the University Complaint Portal which will register and route the student complaint to the
appropriate authority. Students need only use this portal once to register their complaint. Any subsequent
written appeals required during the grievance process should be sent directly to the addressee as indicated in
this policy.
The following steps should be followed with respect to seeking redress of grievances:
2.4 Grade Appeal
A student who wishes to dispute an assigned grade should first submit a written appeal to the instructor and
seek resolution via a conference either in person, by telephone, or virtually with the instructor.
The student should consult with the Student Rights Advocate and may consult with the advocate throughout the
duration of the appeal process. The Student Rights Advocate is appointed by the Dean of Students.
If, within five (5) working days of the conference with the instructor, the student believes that the issue has not
been addressed or disagrees with the outcome of conference, the student should initiate and register a formal
written complaint through the University Complaint Resolution Portal (http://utpb.edu/services/businessaffairs/complaint-resolution). The written complaint will be routed to the relevant Department Chair or
supervisor (if the instructor does not have a Chair or if the instructor is the Chair) who will schedule a
conference either in person, by phone, or virtually with the student.
If, within ten (10) working days after the meeting with the Department Chair or supervisor, the student believes
the grade appeal has not been addressed or disagrees with the outcome of the conference with the Department
Chair or supervisor, the student should file a written appeal directly (not via the University Complaint Form
Portal) with the appropriate academic Dean and seek an appointment either in person, by telephone, or virtually
with him or her.
Upon receipt of the written appeal, the Dean will schedule a meeting in person, by telephone, or virtually with
the student. Following the appointment with the student, the Dean will investigate the matter.
The Dean shall respond to the appeal within (10) working days of the meeting with the student unless an
investigation requires additional time in which case the circumstances should be documented. The decision of
the Dean shall be FINAL.
2.5 Academic Grievance
A student who has an academic grievance should first submit a written appeal to the instructor and seek
resolution of the grievance via a conference in person, by telephone, or virtually with the instructor. The
student has the option of consulting with the Student Rights Advocate and may consult with the advocate
throughout the duration of the appeal process. The Student Rights Advocate is appointed by the Dean of
Students.
If, within (10) working days of the conference with the instructor, the student believes that the academic
grievance has not been addressed or disagrees with the outcome of the conference with the instructor, the
student should initiate and register a formal written complaint through the University Complaint Resolution
Portal (http://utpb.edu/services/business-affairs/complaint-resolution). The written complaint will be
routed to the relevant Department Chair or supervisor (if the instructor does not have a Chair or if the instructor
is the Chair) who will schedule a conference either in person, by telephone, or virtually with the student.
If within ten (10) working days of meeting with the Department Chair or supervisor the student believes that the
academic grievance has not been addressed or disagrees with the outcome of the conference with the
Department Chair or supervisor, the student should file a written complaint directly (not via the University
Complaint Resolution Portal) with the appropriate academic Dean and seek an appointment in person, by
telephone, or virtually with the him or her.
40
Upon receipt of the written complaint, the Dean will schedule a conference in person, by telephone, or virtually
with the student. Following the appointment with the student, the Dean will investigate the matter.
If within ten (10) working days after the conference with the Dean, a student believes the academic grievance
has not been addressed or disagrees with the outcome of the conference with the Dean, or if the accused is the
Dean, the student should file a written complaint directly (not via the University Complaint Resolution Portal)
with the Provost and Vice President for Academic Affairs and seek an appointment in person, by telephone, or
virtually with him or her.
If within (10) working days after the conference with the Provost and Vice President for Academic Affairs, the
student believes the academic grievance has not been addressed or disagrees with the outcome of the
conference, the Student Rights Advocate will then inform and advise the President, who shall render a FINAL
decision within (10) working days. The President should be provided with a timeline of the grievance and
proposed resolutions at each step of the process.
2.6 Non-Academic Grievance
In order to reconcile grievances that are not academically related, students should:
First attempt to resolve the grievance with the person/office with whom/which they have a grievance. In
instances where the student has good reason not to attempt a resolution with a particular person, the student
should seek an appointment in person, by telephone, or virtually with the supervisor of the person with whom
they have a grievance. If the complaint is directed against a certain office, the student should seek a conference
in person, by telephone, or virtually with the director of that office.
If the grievance involves students only and the student has good reason not to attempt a resolution with this
person, the grievance may be made directly to the Dean of Students.
If the grievance involves a University employee or office and within five (5) working days of discussing the
matter with the employee or office director, the student believes the grievance has not been addressed or
disagrees with the outcome of the conference with the employee or the office director the student should initiate
and register a formal written complaint through the University Complaint Resolution Portal
(http://utpb.edu/services/business-affairs/complaint-resolution). The written complaint will be routed
to the appropriate supervisor or the director of the relevant office who will arrange an appointment in person, by
telephone, or virtually with the complainant.
If the grievance involves a student and within five (5) working days of conference with the accused student, the
student believes the grievance has not been addressed or disagrees with the outcome of the conference with the
accused student, the student should initiate and register a formal written complaint through the University
Complaint Resolution Portal (http://utpb.edu/services/business-affairs/complaint-resolution). The
written complaint will be routed to the Dean of Students who will arrange an appointment in person, by
telephone, or virtually with him or her. A grievance filed against a student will be handled through the student
conduct procedures as prescribed in Student Conduct and Discipline.
If within ten (10) working days after discussing the matter with the employee’s supervisor, office director, or
Dean of Students, as appropriate, the student believes the grievance has not been addressed or disagrees with
the outcome of the conference, the student should file a written complaint directly (not via the University
Complaint Resolution Portal) with the Vice President for Student Services and seek an appointment in person,
by telephone, or virtually with him or her.
If within ten (10) working days after the conference with the Senior Associate Vice President for Student
Services the student believes the grievance has not been addressed or disagrees with the outcome of the
conference, the student should file a written complaint directly (not via the University Complaint Resolution
Portal) with the President, who shall render a FINAL decision within ten (10) working days. The president
should be provided with a timeline of the grievance and proposed resolutions at each step of the process.
2.7 Other Grievances
41
Grievances regarding disability, discrimination, sexual harassment sexual misconduct should be addressed in
accordance with the appropriate policy of the University. (Reference ADA Grievance Policy; NonDiscrimination, Sexual Harassment and Sexual Assault Policy).
Americans with Disabilities Act – Grievance Policy
Purpose
The purpose of this policy is to provide for the prompt and equitable resolution of complaints alleging
violations of Title II of the Act and Section 504 of the Rehabilitation Act of 1973.
Scope
This policy applies to students and applicants for admission to The University of Texas Permian Basin.
Complaint Procedure
Step I
Complaints alleging discrimination on the basis of disability shall be made in writing to the ADA Coordinator;
or shall be referred to the Coordinator if received by other persons within the institution. The complaint shall
be made as soon as possible after the action complained of occurs but in no case later than 10 working days
after such occurrence. The time for bringing a complaint can be waived for good cause as determined by the
ADA coordinator.
The ADA Coordinator shall investigate the complaint to determine its validity and, in appropriate cases,
suggest a resolution. A written statement of the determination and the suggested resolution, if any, shall be sent
to the complainant within 15 working days of receipt of the complaint.
The ADA Coordinator shall maintain all records related to the complaint.
Step II
If the complainant is not satisfied with the decision of the ADA Coordinator, a written appeal stating why the
decision is incorrect may be made to the Vice-President for Student Services within 10 working days of the
receipt of the determination statement from the ADA coordinator. The Vice-President for Student Services
shall review the determination of the ADA Coordinator and send a written decision to the complainant within a
reasonable time, not to exceed 30 working days from the date of receipt.
The decision of the Vice-President for Student Services shall be final.
42
Assembly, Expression and Freedom of Speech
Governing Principles
a.
The freedoms of speech, expression, and assembly are fundamental rights of all persons and are
central to the mission of the University. Students, faculty, and staff have the right to assemble, to
speak, and to attempt to attract the attention of others, and corresponding rights to hear the speech of
others when they choose to listen, and to ignore the speech of others when they choose not to listen.
b. Students, faculty, and staff are free to express their views, individually or in organized groups, orally
or in writing or by other symbols, on any topic, in all parts of the campus, subject only to rules
necessary to preserve the equal rights of others and the other functions of the University. Teaching,
research, and other official functions of the University shall have priority in allocating the use of space
on campus.
c. The University shall not discriminate on the basis of the political, religious, philosophical, ideological,
or academic viewpoint expressed by any person, either in the enforcement and administration of these
rules or otherwise.
Scope of These Policies and Related Provisions
a.
These policies protect and regulate speech, expression, and assembly of students, faculty, and staff that
is not part of the teaching, research, or other official functions of the University, not otherwise
sponsored by the University or any academic or administrative unit, and not submitted for academic
credit.
b. These policies also regulate certain speech that is part of the teaching, research, or other official
functions of the University:
1. The section on harassment applies to all speech on campus.
2. This entire chapter applies to speech by academic and administrative units, and speech that is
submitted for academic credit, in outdoor locations on the campus. Physical Plant administers
and schedules outdoor signs, tables, exhibits, public assemblies, and amplified sound, even
for faculty, staff, and administrative and academic units, because scheduling through a single
office is necessary to avoid conflicts.
c. Any program or event sponsored by an academic or administrative unit of the University shall have
priority in the use of space and facilities over any speech, expression, and assembly that is not
sponsored by an academic or administrative unit, except that programs or events sponsored by an
academic or administrative unit shall not have priority in the use of weekday amplified sound areas.
This does not limit other existing authority of University officials to authorize programs and events
sponsored by an academic or administrative unit.
d. Additional rules concerning free speech and academic freedom of faculty are found in the Regents'
Rules and Regulations, Rule 40501, Section 1 (http://utsystem.edu/bor/rules.htm).
e. Underlying rules concerning free speech of students are found in the Regents' Rules and Regulations,
Rule 40501, Section 1 (http://utsystem.edu/bor/rules.htm). This chapter implements those provisions
and applies them to the UTPB campus.
f. Rules restricting access to the campus and restricting speech on the campus by persons who are not
students, faculty, or staff are found in the Regents' Rules and Regulations, Rule 40501, Section 1
(http://utsystem.edu/bor/rules.htm)...
43
g. Rules protecting and regulating speech on University computer networks are promulgated by
Information Resources Division, and are currently found in IRD Policies, Responsible Use of
Information Technology.
h. Rules requiring University employees to make clear that controversial statements are in their personal
capacity are found in the Regents' Rules and Regulations, Rule 40501, Section 1
(http://utsystem.edu/bor/rules.htm). Rules restricting use of University equipment, supplies, services,
and working hours for political activities are found in the Regents' Rules and Regulations, Rule 40501,
Section 1 (http://utsystem.edu/bor/rules.htm).
General Definitions--Categories of Speakers
As used here,
1. "Academic or administrative unit" means any office or department of the University.
2. "Faculty member and staff member" includes any person who is employed by the University.
3. "Off-campus person or organization" means any person, organization, or business that is not an
academic or administrative unit, a registered student, faculty, or staff organization, or a student,
faculty member, or staff member.
4. "University person or organization" includes academic and administrative units, registered student,
faculty, and staff organizations, and individual students, faculty members, and staff members. This
phrase describes the most inclusive category of potential speakers on campus; all persons and
organizations of any kind are either an "off-campus person or organization" or a "University person or
organization."
5. "Registered student, faculty, or staff organization" includes a registered student organization under
chapter 6, a faculty or staff organization under the Regents' Rules and Regulations, Rule 50202,
Section 1 (http://utsystem.edu/bor/rules.htm), and Student Senate and any unit or subdivision thereof;
6. "Student" means a person who is currently enrolled in residence at the University, or who is accepted
for admission or readmission to the University, or who has been enrolled at the University in a prior
semester or summer session and is eligible to continue enrollment in the semester or summer session
that immediately follows, or who is attending an educational program sponsored by the University
while that person is on campus.
Other General Definitions
a.
"Amplified sound" means sound whose volume is increased by any electric, electronic, mechanical, or
motor-powered means. Shouting and group chanting are not amplified sound and are not subject to the
special rules on amplified sound, but are subject to general rules on disruption.
b. "Office of Student Life" means the Director of the Office of Student Life or any delegate or
representative of the Office of Student Life.
c. "Mesa Courtyard" means the area bounded on two sides by the Mesa Building and on the third side by
the Mesa Deck.
d. "Room or space" includes any room or space, indoors or outdoors, owned or controlled by the
University.
e. "University" means The University of Texas of the Permian Basin.
f. "Weekday" means Monday through Friday except for official University holidays; "day" means
calendar day.
Prohibited Expression
Obscenity
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No person or organization shall distribute or display on the campus any writing or visual image, or engage in
any public performance, that is obscene. A writing, image, or performance is "obscene" if it is obscene as
defined in Texas Penal Code, Section 21.08 or successor provisions, and is within the constitutional definition
of obscenity as set forth in decisions of the United States Supreme Court.
Defamation
a.
No person shall make, distribute, or display on the campus any statement that unlawfully defames any
other person.
b. A statement unlawfully defames another person if it is false, if the false portion of the statement
injures the reputation of the other person, and if the speaker has the constitutionally required state of
mind as set forth in decisions of the United States Supreme Court.
Incitement to Imminent Violations of Law
No person shall make, distribute, or display on the campus any statements directed to inciting or producing
imminent violations of law under circumstances such that the statements are likely to actually and imminently
incite or produce violations of law.
Solicitation
a.
1. No person shall make, distribute, or display on the campus any statement that offers or
advertises any product or service for sale or lease, or requests any gift or contribution, except
as authorized by the Regents' Rules and Regulations, Rule 80103, Section 1
(http://utsystem.edu/bor/rules.htm).
2. Words or symbols on personal apparel, or on decals or bumper stickers affixed to a vehicle by
an owner of that vehicle, are not solicitation within this definition.
3. Unadorned acknowledgments or thanks to donors are not solicitation within this definition.
b.
1. A registered student, faculty, or staff organization may advertise or sell merchandise,
publications, food, or nonalcoholic beverages, or request contributions, for the benefit of the
organization, for the benefit of another registered student, faculty, or staff organization, or for
the benefit of an organization that is tax-exempt under Section 501(c)(3) of the Internal
Revenue Code. No organization may sell items obtained on consignment. No organization
may request contributions for an off-campus tax-exempt organization for more than fourteen
days in any fiscal year.
2. Registered student, faculty, and staff organizations, and academic and administrative units,
may sell, distribute, or display literature that contains advertising. Individual students, faculty
members, and staff members may distribute or display such literature, but may not sell it.
3. Individual students, faculty members, and staff members may post advertisements for
roommates, subleases, and sales of used goods that the seller has personally owned and used,
but only on a bulletin board designated for that purpose by an academic or administrative unit
in space that the unit occupies or controls.
4. A resident of a University residence hall or apartment building may occasionally invite one or
more salespersons to come to the resident's room or apartment, and in that room or apartment,
the salesperson may offer products or services for sale to other residents of that residence hall
or apartment building.
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5. A registered student, faculty, or staff organization may collect admission fees for programs
scheduled in advance; provided, that neither University persons nor organizations may collect
admissions fees for the exhibition of movies on the campus.
6. A registered student, faculty, or staff organization may collect membership fees or dues at
meetings of the organization scheduled in advance.
7. A registered student, faculty, or staff organization may sell charitable raffle tickets on behalf
of an organization that is authorized to conduct a charitable raffle under the Texas Charitable
Raffle Enabling Act, Texas Occupations Code, Chapter 2002, or successor provisions.
c. A registered student organization that receives funds from solicitations under this section shall deposit
and account for such funds.
d. More detailed regulation of solicitation appears in the Regents' Rules and Regulations, Rule 80103,
Section 1 (http://utsystem.edu/bor/rules.htm). The provisions most relevant to students, faculty, and
staff have been incorporated here.
General Rules on Means of Expression
Disruption
a. Except as expressly authorized by an authorized University official responsible for a program or event
sponsored by an academic or administrative unit, no speech, expression, or assembly may be
conducted in a way that disrupts or interferes with any
1.
teaching, research, administration, or other authorized activities on the campus;
2.
free and unimpeded flow of pedestrian and vehicular traffic on the campus; or
signs, tables, exhibits, public assemblies, distribution of literature, guest speakers, or
use of amplified sound by another person or organization acting under the rules in this
chapter.
b.
1. The term "disruption" and its variants, as used in this rule, are distinct from and broader than
the phrase "disruptive activities," as used in the Regents' Rules and Regulations, Rule 50101,
Section 1 (http://utsystem.edu/bor/rules.htm). This rule is concerned not only with deliberate
disruption, but also with scheduling and coordination of events to manage or minimize the
inevitable conflicts between legitimate events conducted in close proximity.
2. Except in the most extreme cases, interference and disruption are unavoidably contextual.
Intentional physical interference with other persons is nearly always disruptive in any context.
Interfering with traffic depends on the relation between the volume of traffic and the size of
the passageway left open. Disruptive noise is the most contextual of all, because it depends on
the activity disrupted. Any distracting sound may disrupt a memorial service. Any sound
sufficiently loud or persistent to make concentration difficult may disrupt a class or library.
Occasional heckling in the speaker's pauses may not disrupt a political speech, but persistent
heckling that prevents listeners from hearing the speaker does disrupt a political speech.
These illustrations may be helpful, but none of them includes enough context to be taken as a
rule. We cannot escape relying on the judgment and fairness of University authorities in
particular cases. In this context where difficult enforcement judgments are unavoidable, it is
especially important to remind administrators and law enforcement officials that their
judgments should not be influenced by the viewpoint of those claiming disruption or of those
allegedly disrupting.
c. Potentially disruptive events can often proceed without disruption if participants, administrators, and
law enforcement officials cooperate to avoid disruption without stopping the event. In cases of
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marginal or unintentional disruption, administrators and law enforcement officials should clearly state
what they consider disruptive and seek voluntary compliance before stopping the event or resorting to
disciplinary charges or arrest.
Damage to Property
a.
No speech, expression, or assembly may be conducted in a way that damages or defaces property of
the University or of any person who has not authorized the speaker to damage or deface his or her
property.
b. No person may damage, deface, or interfere with any sign, table, or exhibit posted or displayed by
another person or organization acting under the rules in this chapter.
Coercing Attention
a.
No person may attempt to coerce, intimidate, or badger any other person into viewing, listening to, or
accepting a copy of any communication.
b. No person may persist in requesting or demanding the attention of any other person after that other
person has attempted to walk away or has clearly refused to attend to the speaker's communication.
Co-sponsorship
a.
Neither registered student, faculty, or staff organizations, nor individual students, faculty, or staff, may
cosponsor any event on campus with an off-campus person or organization. Only academic or
administrative units with authority delegated from the president of the University may cosponsor
events with an off-campus person or organization.
b. An event is a prohibited co-sponsorship if an individual or a student, faculty, or staff organization
1. Depends on an off-campus person or organization for planning, staffing, or management of
the event; or
2. Advertises the event as cosponsored by an off-campus person or organization; or
3. Operates the event as agent of, or for the benefit of, an off-campus person or organization,
except for solicitation of charitable contributions; or
4. Distributes any proceeds of the event to an off-campus person or organization, except for
A. the proceeds of charitable contributions; or
B. payment of a fair market price for goods or services provided to the University
person or organization; or
5. Reserves a room or space for the use of an off-campus person or organization; or
6. Engages in any other behavior that persuades the Office of Student Life that an off-campus
person or organization is in fact responsible for the event, in full or in substantial part.
c. The following facts do not, in and of themselves, indicate a prohibited co-sponsorship:
1. That a University person or organization endorses an off-campus person or organization or its
message;
2. That a University person or organization sells, distributes, or displays literature prepared by
an off-campus person or organization or containing contact information for an off-campus
person or organization;
3. That a University person or organization has purchased goods or services from an off-campus
provider;
4. That a registered student, faculty, or staff organization has invited a guest speaker;
5. That a registered student, faculty, or staff organization has received financial contributions to
support the event from an off-campus donor.
d. The purpose of this rule is to preserve the limited space on campus for the use of students, faculty, and
staff, and the rule shall be interpreted to serve that purpose. It is not the purpose of this rule to prevent
students, faculty, or staff from exercising their right to associate with other persons or organizations
holding views similar to their own.
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Other Rules with Incidental Effects on Speech
a.
Other generally applicable or narrowly localized rules, written and unwritten, incidentally limit the
time, place, and manner of speech, but are too numerous to compile or cross-reference here. For
example, libraries typically have highly restrictive rules concerning noise; laboratories and rooms
containing the electrical and mechanical infrastructure of the University typically have safety rules and
rules excluding persons without specific business there; fire and safety codes prohibit the obstruction
of exits and limit the constriction of hallways. Speech within classrooms is generally confined to the
subject matter of the class; the right to attend a class at all is subject to registration and payment of
tuition; individual professors may have rules of decorum in their classroom. These kinds
of rules limit the right of students, faculty, and staff to enter and speak in the places to which these
rules apply.
b. Reasonable and nondiscriminatory rules of this kind generally control over the rights of free speech
guaranteed in this chapter. But even these kinds of rules are subject to the constitutional right of free
speech. Such rules must be viewpoint neutral. Such rules cannot regulate speech more restrictively
than they regulate other activities that cause the problems to be avoided by the rule. Such rules should
not restrict speech more than is reasonably necessary to serve their purpose. Such rules cannot ban
unobtrusive forms of communication with no potential for disruption even in the specialized
environment subject to the localized rule. Thus, for example, means of silent expression or protest
confined to the speaker's immediate person, such as armbands, buttons, and t-shirts, are nearly always
protected because they are rarely disruptive in any environment.
Distribution of Literature
General Rule on Distribution of Literature
a.
Registered student, faculty, and staff organizations, and academic and administrative units, may sell,
distribute, or display literature on campus, subject to the rules in this subchapter. Individual students,
faculty members, and staff members may distribute or display literature but may not sell it. In either
case, advanced permission is required.
b. "Literature" means any printed material, including any newspaper, magazine, or other publication, and
any leaflet, flyer, or other informal matter, that is produced in multiple copies for distribution to
potential readers.
Not-for-Profit Literature Only
a.
Except as expressly authorized by the Regents' Rules and Regulations, Rule 80103, Section 2.19 or by
contract with the University, no person or organization may sell, distribute, or display on campus any
publication operated for profit. A registered student, faculty, or staff organization may sell
publications operated for profit as part of a fund-raiser.
b. A publication is operated for profit if any part of the net earnings of the publication, or of its
distribution, inures to the benefit of any private shareholder or individual.
Limits on Advertising
Literature distributed on campus may contain the following advertising:
1. advertising for a registered student, faculty, or staff organization, or an academic or administrative
unit;
2. advertising for an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue
Code;
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3. paid advertising in a publication primarily devoted to promoting the views of a not-for-profit
organization or to other bona fide editorial content distinct from the paid advertising; and
4. other advertising expressly authorized by the Regents' Rules and Regulations, Rule 80103 or by
contract with the University.
All other advertising in literature distributed on campus is prohibited.
Identification
All literature distributed on campus must identify the University person or organization responsible for its
distribution.
Clean Up of Abandoned Literature
Any person or organization distributing literature on campus shall pick up all copies dropped on the ground in
the area where the literature was distributed.
Signs and Banners
General Rule on Signs
a.
"Sign" means any method of displaying a visual message to others, except that transferring possession
of a copy of the message is distribution of literature and not a sign.
b. Subject to the rules in this subchapter, a University person or organization may display a sign by
holding or carrying it, by displaying it at a table, or by posting it on a kiosk, bulletin board, or other
designated location. Signs may not be posted in any other location.
Hand-Held Signs
a.
Students, faculty, and staff may display a sign on campus by holding or carrying it by hand or
otherwise attaching it to their person. No advance permission is required.
b. Any person holding or carrying a sign shall exercise due care to avoid bumping, hitting, or injuring
any other person.
c. Any person holding or carrying a sign at a speech, performance, or other event shall exercise due care
to avoid blocking the view of any other person observing the speech, performance, or event.
Depending on the venue, this may mean that signs may be displayed only around the perimeter of a
room or an audience.
d. A law enforcement officer or the Office of Student Life, or an usher or other University employee if
authorized by officials responsible for managing the venue, may warn any person that his or her sign is
being handled in violation of paragraphs (b) or (c). If the violation persists after a clear warning, the
law enforcement officer, dean, authorized usher, or other authorized employee may confiscate the
sign.
Signs on Kiosk in Front of First Floor Elevator – Mesa Building
a.
There is one kiosk in front of the elevators on the first floor of the Mesa Building designed for the
posting of signs.
b. University persons and organizations may post signs on this kiosk. No advance permission is required.
Individuals may not post on kiosk any sign advertising goods or services for sale.
c. No sign posted on kiosk may be larger than 11 inches by 17 inches.
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d. Each sign posted on kiosk must identify the University person or organization that posted the sign, and
must state the date the sign was posted or the date of the event being advertised. No sign advertising
an event may be posted on kiosk more than fourteen days before the date of the event.
e. The person or organization that posts a sign on kiosk must remove that sign not later than fourteen
days after it was posted, or twenty-four hours after the event it advertised, whichever is earlier.
f. No sign may be posted on kiosk on top of another properly posted sign.
g. No person or organization may post more than two signs on kiosk at the same time.
h. The Office of Student Life may remove any sign that violates any of the rules in this section.
Banners
a. "Banner" means a sign hung from a structure, or between two buildings, structures, or poles.
1. The Office of Student Life shall designate places where banners may be hung in outdoor
locations not occupied or controlled by any other academic or administrative unit.
2. Other academic and administrative units may designate one or more places where banners
may be hung in indoor or outdoor locations that the unit occupies or controls. b.
1. Academic and administrative units and registered student, faculty, and staff organizations may
hang banners in locations designated under paragraph (b). Individuals may not hang banners.
2. Advance permission is required from the unit administering the location, and usually, advance
reservations are required. Academic and administrative units advertising official University
events or programs may be given priority. In locations administered by academic or
administrative units other than the Office of Student Life, organizations affiliated with the
unit administering the location may be given priority.
c.
1. In locations administered by the Office of Student Life, each banner may be hung for one
week. The banner may be renewed from week to week if space is available.
2. Other units administering a location for banners may limit the time each banner may hang.
Any such time limit shall be applied without discrimination to all organizations, except that
academic and administrative units may be given preference.
d. The unit administering a banner location may require that the physical work of hanging the banners be
performed only by employees of Physical Plant or other appropriate University personnel.
A-Frames
a. "A-frame" means a movable and self-supporting sign board designed to stand on the ground.
b. A-frames are subject to the rules on exhibits in this section.
Signs in Other Designated Locations (Including Departmental Bulletin Boards)
a.
Each academic or administrative unit of the University may authorize the posting of signs in spaces
that unit occupies and controls. Such authorization may be granted by general rule, by stamping or
initialing individual signs, or by long-standing tradition.
b. Signs in spaces occupied by academic or administrative units may be
1. confined to bulletin boards or other designated locations;
2. subjected to viewpoint-neutral rules limiting the size of signs, limiting how long they may be
posted, requiring each sign to show the date it was posted and the name of the person or
organization who posted it, and similar rules designed to facilitate fair and equal opportunities
to post signs;
3. confined to official statements or business of the unit, or to certain subject matters of interest
within the unit, or to signs posted by persons or organizations affiliated with the unit.
c. Each academic or administrative unit shall post on or near each bulletin board or other designated
location that it administers
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1. either the rules applicable to that bulletin board or location, or a particular office or Web site
where the rules applicable to that bulletin board or location may conveniently be found; and
2. if a stamp or initials are required on signs before they are posted on that bulletin board or
location, the name and office location of the person whose stamp or initials are required.
This notice shall be posted in the upper left corner of each bulletin board or other designated location
for posting signs, or conspicuously in another nearby location. If no such notice is posted, then the
only applicable rules are those contained in this section.
d. Within the scope of the subject matters permitted on a particular bulletin board or other designated
location, no academic or administrative unit shall discriminate on the basis of the political, religious,
philosophical, ideological, or academic viewpoint expressed on a sign.
e. This section does not apply to any enclosed bulletin board or display case that is accessible only to
authorized personnel for official University business.
Tables
General Rule on Tables
University persons or organizations may set up tables from which to display literature and disseminate
information and opinions, subject to the rules in this subchapter. No advance permission is required.
Locations
a. Subject to the restrictions in paragraph (b) and subject to the rules on disruption of other functions and
interference with vehicular and pedestrian traffic, University persons and organizations may set up
tables
in any outdoor location on the campus and in any large, open, indoor location.
b.
1. Tables may not be set up inside any library, classroom, laboratory, performance hall, stadium,
or office, or in any hallway less than ten feet wide, without permission from the academic or
administrative unit that controls the space, or from the faculty member or staff member who
controls the space at a particular time.
2. Academic or administrative unit may further specify these rules by restricting tables to
reasonable locations in spaces occupied by that unit. Academic and administrative units are
encouraged to clearly state any such rules in writing, and to publish those rules on a Web site
or on a flyer or pamphlet conveniently available at the chief administrative office of the unit.
c. If any table is set up in a prohibited or disruptive location, any University employee pointing out the
violation shall also point out other locations, as nearby as is reasonably possible, where the table is
permitted.
Identification
Each table must have a sign or literature that identifies the University person or organization sponsoring the
table.
Cleanup around Tables
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Any person or organization sponsoring a table shall remove litter from the area around the table at the end of
each day.
Sources of Tables
Persons and organizations may supply their own tables. In addition, the Physical Plant maintains a supply of
tables that may be reserved and checked out for use on campus.
Exhibits and A-Frames
General Rule on Exhibits
"Exhibit" means an object or collection of related objects, designed to stand on the ground or on a raised
surface, which is not a table, is designed for temporary display, and is not permanently attached to the ground.
An A-frame sign is an exhibit.
a. University persons and organizations may erect exhibits, subject to the rules in this subchapter.
Advance permission is required from the Office of Student Life, except that an academic unit may
authorize indoor exhibits in a space that it occupies and controls.
Criteria for Approval
a.
The Office of Student Life shall authorize an exhibit described in the previous section unless the
director finds that use of the proposed space for the proposed exhibit must be disapproved.
b. The Director of Student Life shall specify the location of each exhibit to reduce the hazard to
pedestrians.
c. The Director of Student Life shall advise each applicant how to correct, if possible, any conditions that
preclude approval of his or her application. Even if an applicant is entitled to have its application
approved as submitted, the Director of Student Life may give advice about other possible locations, or
about modifications to the exhibit, that would avoid potential problems or make the proposed exhibit
more workable.
Time Limits
a.
In locations administered by the Office of Student Life, each exhibit may be displayed for fourteen
days. The exhibit may be renewed for an additional fourteen days if space is available.
b. The exhibit must be removed at the end of each day and may be re-erected each morning. However,
the vice president for student affairs or the Office of Student Life may authorize overnight exhibits in
designated locations. Overnight exhibit locations shall be listed on a Web site, or on a flyer or
pamphlet conveniently available in the Student Activities Center’s Front Desk.
Clean Up Around Exhibits
Any person or organization sponsoring an exhibit shall remove litter from the area around the exhibit at the end
of each day.
Liability
Any person or organization sponsoring an exhibit assumes full responsibility for the exhibit, including all
injuries or hazards that may arise from the exhibit. The University shall not be liable for any damage that may
occur to the exhibit, and any person or organization sponsoring the exhibit shall indemnify the University for
any claims arising from the exhibit's presence on campus.
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Amplified Sound
General Rule on Amplified Sound
University persons and organizations may use amplified sound on campus at designated times and locations,
subject to the rules in this subchapter. Advance permission is required. This subchapter creates limited
exceptions to the general rule on disruption.
Location and Times of Weekday Amplified Sound Areas
a.
1. The Mesa Courtyard Amplified Sound Area is the outdoor center of the Mesa Building.
2. University persons and organizations may use amplified sound in this area from 11:30 a.m. to
1:30 p.m. Monday through Friday.
b.
1. The Vice President for Student Services may designate additional areas for weekday use of
amplified sound.
Regulation and Scheduling of Weekday Amplified Sound
a. The Office of Student Life may prescribe rules concerning scheduling, sound levels, the location of
speakers and direction in which they are pointed, and other rules to facilitate the use of weekday
amplified sound areas, to mediate any conflict with University functions and other nearby activities,
and to manage environmental impact. All such rules shall be reasonable and nondiscriminatory.
b.
1. Persons or organizations wishing to use a weekday amplified sound area must reserve a
particular area at a particular time. Reservations must be made with the Office of Student Life
on a form prescribed by the Director. The Office of Student Life shall approve a properly
completed application to reserve an amplified sound area, unless the application must be
disapproved under rules promulgated by the Director of Student Life under the authority of
this section.
2. The Director of Student Life may limit the number or frequency of reservations for each
person or organization to ensure reasonable access for all persons and organizations desiring
to use amplified sound on weekdays.
3. In the Mesa Courtyard Amplified Sound Area, the Director of Student Life shall reserve some
time slots each week for emergency reservations by persons or organizations responding to
events that have occurred, or issues that have arisen, since the preceding week.
c. Amplified sound in the Mesa Courtyard Amplified Sound Areas is in fact disruptive of teaching,
administration. The disruption inherent in this use of amplified sound is expressly authorized, but no
other disruption is authorized. Disruption is permitted to this extent because otherwise, it would be
necessary to ban all use of amplified sound in and near the center of campus during working hours.
The hours are limited because otherwise, work in these important buildings would be continuously
disrupted.
d. Between 8:00 a.m. and 5:00 p.m. Monday through Friday, all persons and organizations must use
sound equipment owned or controlled by the University.
e. Persons and organizations using amplified sound are responsible for maintaining a passageway for
pedestrians that is adequate to the volume of pedestrian traffic passing through the area.
f. Any designations of additional areas, any additional rules regulating the designated areas, and the rules
and procedures for reserving the right to use a designated area, shall be clearly stated on a Web site or
on a flyer or pamphlet conveniently available at the dean of student's office.
Amplified Sound on Evenings and Weekends
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a.
With advance permission, University persons and organizations may use amplified sound in any
outdoor location on campus after 5:00 p.m. Monday through Friday, and after 8:00 a.m. Saturday and
Sunday, except for the early morning hours excluded in paragraph (b).
b. If amplified sound is authorized for an event on a Sunday, Monday, Tuesday, Wednesday, or
Thursday evening, the sound must be turned off by 1:00 a.m. on the following day. If amplified sound
is authorized for an event on a Friday or Saturday evening, the sound must be turned off by 2:00 a.m.
on the following day.
c. On evenings and weekends, speakers may provide their own sound equipment. Some sound equipment
may be borrowed, and other sound equipment may be rented for a nominal fee, from the Office of
Student Life.
d. The Office of Student Life may prescribe reasonable and nondiscriminatory rules concerning
scheduling, sound levels, the location of speakers and direction in which they are pointed, and other
rules to facilitate the use of amplified sound on evenings and weekends, to mediate any conflict with
University functions and other nearby activities, and to manage environmental impact.
e. Use of amplified sound on evenings and weekends requires advance permission from the Office of
Student Life. Persons and organizations shall apply on a form prescribed by the Director of Student
Life. The Director of Student Life shall authorize amplified sound as described in a completed
application unless the Director of Student Life finds that the application must be disapproved under
rules promulgated by the Director of Student Life under the authority of this section. The Director of
Student Life shall advise each applicant how to correct, if possible, any conditions that preclude
approval of its application. Even if an applicant is entitled to have its application approved as
submitted, the Director of Student Life may give advice about other possible locations, or about
modifications to the proposed event, that would avoid potential problems or make the proposed event
more workable. It should also be noted that use of amplified sound on evenings and weekends may be
subject to applicable city ordinances.
Amplified Sound Indoors
Amplified sound sufficient to be heard throughout the room may be used in any room in any building, but the
Office of Student Life may limit or prohibit sound that would be disruptive outside the room. Reservations
may be required.
Public Assemblies without Amplified Sound
General Rule on Public Assemblies
a.
"Publicly assemble" and "public assembly" include any gathering of persons, including discussions,
rallies, and demonstrations. The rules of the previous chapter apply to any use of amplified sound at a
public assembly.
b. University persons and organizations may publicly assemble on campus in any place where, at the
time of the assembly, the persons assembling are permitted to be. This right to assemble is subject to
the rules in this subchapter, and to the rules on use of University property. No advance permission is
required.
Reservation of Space
a.
University persons or organizations who wish to publicly assemble in a particular room or space at a
particular time may reserve the room or space.
b. An organization with a reservation has the right to the reserved room or space for the time covered by
the reservation. Any person or organization using or occupying the room or space without a
reservation must yield control of the room or space in time to permit any organization with a
reservation to begin using the room or space promptly at the beginning of its reserved time.
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c.
Reservations are not required but are strongly encouraged. A person or organization planning to use a
room or space without a reservation may find the facility locked or in use by another person or
organization. The University Police rely on a list of scheduled events, and a large group without a
reservation is likely to attract their courteous but inquiring attention.
Notice and Consultation
Persons or organizations that are planning a public assembly with more than fifty participants are strongly
encouraged to notify and consult with the Office of Student Life as soon as practicable after the point at which
the planners anticipate or plan for more than fifty participants. Persons or organizations planning smaller
assemblies are encouraged to consult the Office of Student Life if there is uncertainty about applicable
University rules, the appropriateness of the planned location, or possible conflict with other events. The
Director of Student Life has much experience in helping student organizations structure events in ways that
both comply with the University's rules and achieve the organization's goals for the event. The Director of
Student Life can help identify appropriate space and potentially conflicting events. The Director of Student
Life can help the planners avoid unintended disruption or other violations that may result in subsequent
discipline or subsequent interference with the assembly by campus authorities.
Guest Speakers
Definitions
"Guest speaker" means a speaker or performer who is not a student, faculty member, or staff member.
Who May Present
Registered student, faculty, and staff organizations, and academic and administrative units, may present guest
speakers on University property. In the case of registered student organizations, advance permission from the
Office of Student Life is required. Individuals may not present a guest speaker.
Location and Form of Presentation
a.
A guest speaker may present a speech or performance, or lead a discussion, at a time announced in
advance, in a fixed indoor location, or in a fixed outdoor location approved by the Office of Student
Life. A guest speaker may distribute literature to persons who attend the speech, performance, or
discussion.
b. A guest speaker may not
1. accost potential listeners who have not chosen to attend the speech, performance, or
discussion; or
2. distribute literature to persons who have not chosen to attend the speech, performance, or
discussion; or
3. help staff a table or exhibit set up.
Application
a.
A registered student organization that wishes to present a guest speaker shall apply to the Office of
Student Life, on a form prescribed by the Director of Student Life, at least forty-eight hours before the
scheduled event or any planned advertising for the event, whichever is earlier. The application shall be
combined with an application to reserve the use of a University room or space for the event.
b. The Director of Student Life shall approve an application properly made under subsection (a).
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Obligations of Presenting Organization
A student, faculty, or staff organization that presents a guest speaker must make clear that
1. the organization, and not the University, invited the speaker; and
2. the views expressed by the speaker are his or her own and do not necessarily represent the views of the
University, the University of Texas System, or any component institution.
Responding to Speech, Expression, and Assembly
General Rule on Responding
University persons and organizations may respond to the speech, expression, or assembly of others, subject to
all the rules in this chapter.
Applications of Previous Section
a.
Responders may not damage or deface signs or exhibits, disrupt public assemblies, block the view of
participants, or prevent speakers from being heard.
b. Means of response that are permitted in many locations and without advance permission or
reservation, such as signs, tables, distribution of literature, and public assembly without amplified
sound, may be used immediately and in any location authorized in this policy.
c. Means of response that require advance permission or reservation, such as banners, A-frames,
exhibits, and amplified sound, may be used as soon as the needed permission or reservation may be
arranged. Banner space and some amplified sound areas may be unavailable on short notice because of
earlier reservations, but the Office of Student Life shall expedite approval of A-frames, exhibits, and
available banner space and amplified sound areas where necessary to permit appropriate response to
other speech, assembly, or expression.
d. Means of response that are confined to authorized locations, such as banners and amplified sound,
may be used only in those locations. It is not possible to respond to amplified sound with amplified
sound in the same location; similarly if an exhibit or public assembly is in a location where amplified
sound is not permitted, it is not possible to respond with amplified sound in that location. In either
case, it is possible to respond with amplified sound in another location and to use signs or distribution
of literature to advertise the response at the other location.
Enforcement and Appeals
Police Protection
a.
It is the responsibility of the University to protect the safety of all persons on campus and to provide
police protection for speakers, public assemblies, persons staffing or viewing exhibits, and other
events. The normal patrolling of officers during regular duty areas in the area of such events will be at
the cost of the University. When the magnitude, timing, or nature of an event requires overtime hours
from police officers (including contract hours for officers hired from other departments or private
security agencies), the University will, to the extent specified in subsections (b) and (c), charge the
cost of overtime or contract officers to the person or organization sponsoring the event or exhibit that
requires overtime police protection. The purpose of subsections (b) and (c) is to charge for police
56
overtime where reasonably possible, but not to charge for police overtime made necessary by the
content of speech at the event or by the controversy associated with any event.
b. A reasonable and nondiscriminatory fee for overtime police work will be charged for events that
require overtime police protection, and
1. charge a price for admission, or
2. pay a speaker, band, or other off-campus person or organization for services at the event.
Persons or organizations planning such events should budget for the cost of police protection.
The University shall have the sole power to decide, after reasonable consultation with the person or
organization planning the event, whether and to what extent overtime police protection is required. No
fee shall be charged for officers assigned because of political, religious, philosophical, ideological, or
academic controversy anticipated or actually experienced at the event. All fees shall be based on the
number of officers required for an uncontroversial event of the same size and kind, in the same place
and at the same time of day, handling the same amount of cash.
d. Nothing in this section applies to any interdepartmental charge or transfer among units or accounts
funded by the University.
c.
Response to Violations
a.
A student who violates a prohibition in this chapter may be disciplined under the disciplinary
procedures set forth by the university.
b. A faculty member who violates a prohibition in this chapter may be disciplined under applicable
procedures provided by other rules. If no such procedures exist, violations by faculty members shall be
referred to the Vice President of Academic Affairs and Provost.
c. A staff member who violates a prohibition in this chapter may be disciplined under applicable
procedures provided by other rules. If no such procedures exist, violations by staff members shall be
referred to Office of Human Resources.
d. Authorized University personnel may prevent imminently threatened violations, or end ongoing
violations, of a prohibition in this chapter, by explanation and persuasion, by reasonable physical
intervention, by arrest of violators, or by any other lawful measures. Alternatively or additionally, they
may initiate disciplinary proceedings under paragraph (a), (b), or (c). Discretion regarding the means
and necessity of enforcement shall be vested in the chief of police, or in University personnel
designated by the president, as appropriate, but such discretion shall be exercised without regard to the
viewpoint of any speaker.
e. Persons and organizations on the campus shall comply with instructions from University
administrators and law enforcement officials at the scene. A person or organization that complies with
an on-the-scene order limiting speech, expression, or assembly may test the propriety of that order in
an appeal.
Appeals
a.
A person or organization that is denied permission for an activity requiring advance permission under
this chapter may appeal the denial of permission.
b. A person or organization that complies with an on-the-scene order limiting speech, expression, or
assembly may, on or before the fifth weekday after complying with the order, file an appeal to
determine the propriety of the order limiting the speech, expression, or assembly. The question on
appeal shall be whether, under the circumstances as they reasonably appeared at the time of the order,
the appellant's speech, expression, or assembly should have been permitted to continue. Such an
57
appeal may be useful to clarify the meaning of a rule, or to resolve a factual dispute that may recur if
the appellant desires to resume the speech, expression, or assembly that was limited by the order.
Student Records
Registrar
MB 1231
(432) 552-2635
Questions concerning a student’s UT Permian Basin academic record, TASP status, adding or dropping
courses, change of name, change of address, change of residency, classrooms, registration, graduation, honors,
45 plus hour rule, academic probation or dismissal, and withdrawal from The University should be referred to
the Office of the Registrar.
v Adding/Dropping Courses
Courses may be added or dropped by completing a drop or add form in the Registrar's Office. Courses
dropped after the 10th class day requires the signature of the instructor. The last day to drop will be at the end
of the 10th week of class. Consult the current semester class schedule for add and drop deadlines and refund
policies. Be sure to make a note of the last date to drop. Courses cannot be dropped after that date. There are
no refunds for drops after the 12th class day.
v Withdrawing from all Classes
Students wishing to terminate attendance in all courses, in which they are registered prior to the end of the
term, must withdraw from The University. A withdrawal form must be completed and taken to various
departments to obtain clearance. The withdrawal cannot be processed until all signatures are obtained and the
form is returned to the Office of the Registrar. Students withdrawing before the first class day will receive a
100% refund minus a $15 matriculation fee and the non-refundable fees. Please refer to the course schedule
for a list of non-refundable fees and a refund chart.
PLEASE NOTE: THE STUDENT MUST INITIATE ALL ADD/DROP OR WITHDRAWAL
PROCEDURES.
FAILURE TO ATTEND CLASS WILL NOT RESULT IN AUTOMATIC
WITHDRAWAL BY THE UNIVERSITY. FAILURE TO OFFICIALLY DROP A COURSE WHICH
YOU HAVE STOPPED ATTENDING WILL RESULT IN A GRADE OF “F”.
v Six Drop Rule: Section 51.907 of the Texas Education Code states,
“an institution of higher education may not permit a student to drop more
than six courses, including any course a transfer student has dropped at
another institution of higher education.” This rule is in effect for all
freshman students who entered college for the first time during the Fall 2007
semester or later.
v Thirty credit hour limit rule (FOR FRESHMEN ENTERING
DURING FALL 2006)
As of the Fall 2006 Semester, first time freshmen, and entering freshmen thereafter, fall under the 30 Plus
Hour Rule. The rule states that students who attempt more than 30 credit hours over their degree plan at Texas
State funded institutions of higher education and have not yet earned a baccalaureate degree will be charged
out-of-state tuition. Attempted hours includes hours a student is registered for through the census class day.
58
Any courses dropped prior to the census class day will not be considered attempted hours by the State.
Students who has a transcript of course work prior to the Fall of 2006 are grandfathered from the 30 Plus Hour
Rule but may fall under the 45 Plus Hour Rule.
v Forty-Five credit hour limit rule
As of the Fall 1999 Semester, first time freshmen, and entering freshmen thereafter, fall under the 45 Plus
Hour Rule. The rule states that students who attempt more than 45 credit hours over their degree plan at Texas
State funded institutions of higher education and have not yet earned a baccalaureate degree will be charged
out-of-state tuition. Attempted hours include hours a student is registered for through the census class day. Any
courses dropped prior to the census class day will not be considered attempted hours by the State. Students
who have transcripted course work prior to the Fall of 1999 are grandfathered from the 45 Plus Hour Rule.
v Change of Name/Address
The student’s official address of record is maintained in the Office of the Registrar. This address will be used
for all correspondence, including official notification of grades and academic status, such as academic honors
or probation. In addition, other university offices such as Financial Aid, the library, accounting, and others
rely on the official address of record as it is kept in the Registrar’s office. Any change or name or address
must be made in the Office of the Registrar. Changes in social security numbers require that the student
present a social security card as proof of the change. Please keep the Registrar informed of each address
change while you are a student to be sure you receive important mail from the University.
v
v
v Class Attendance
Regulation of class attendance is the option of the instructor. It is the responsibility of the student to determine
if class attendance is mandatory or is counted as part of the grade earned. International students and veterans
receiving educational benefits are encouraged to check with the Office of Admissions and the Office of the
Registrar for specific regulations governing their class attendance.
v Class Attendance on Religious Holy Days
Students may be excused from class for religious holy days. Please see the Academic Regulations section of
the University Catalog for specific information.
v Grading
Grade point averages are calculated on a 4.0 scale. To calculate your grade point average, multiply the course
hours times the grade points ( A=4, B=3, C=2, D=1) and add up all your classes. For example, three hours of
A (=12 points) plus six hours of B (=18) plus three hours of C (=6) give you a total of 36 credit points, divide
that by the total hours you took (36/12= 3) and you know your grade point average (3.00). Do not include in
the calculation courses for which a grade of “S” was earned. A grade of “U” calculates the same as an “F”.
v Graduation
A Graduation Application must be completed either at registration or in the Office of the Registrar before the
12th class day of the semester the student plans to graduate. Information concerning degree requirements can
be found in the “Degree Requirements” section of the University Catalog. There is a graduation fee, which is
not refundable, and must be paid each semester a student applies to graduate. The University holds August,
December, and May commencement ceremonies each year. All students who apply to graduate will receive
information concerning commencement dates, caps, gowns, and announcements.
v Graduation with Honors
Students are eligible to graduate with Latin Honors if they have completed a minimum of 48 hours at UT
Permian Basin, are receiving their first baccalaureate degree, and have a cumulative GPA of 3.50 or above.
Grade point requirements for Latin Honors are as follows:
59
Cum Laude
3.50-3.7
Magna Cum Laude
3.80-3.89
Summa Cum Laude
3.90-4.00
Graduate students are not eligible for Latin Honors.
v Dean’s Honor Roll
Undergraduate students are eligible for Dean’s honors if they have completed 12 hours at UT Permian Basin,
are seeking their first bachelor’s degree, and have earned a semester GPA of 3.50 to 3.99
v President’s Honor Roll
Undergraduate students are eligible for President’s Honors if they have accumulated 12 hours at UT Permian
Basin, are seeking their first bachelor’s degree, and have earned a semester GPA of 4.00. For additional
information, please see the “Grading Policies” section of the University Catalog.
v Permanent Records/Undergraduate Students
Official files are maintained in the Office of the Registrar. Requests for copies of any item in the file, for
which a fee will be charged, must be made in the Office of the Registrar. All transcripts submitted to the
University become the official property of the University.
v Probation and Dismissal
Students who have attempted 12 or more credit hours and have a GPA of less than 2.00 will be placed on
academic probation. Students on academic probation have 12 hours or 2 semesters, whichever occurs first, to
raise their GPA to a minimum of 2.00. Failure to raise the GPA can result in academic dismissal. Please see
the “Grading Policies” section of the Catalog for more detailed information concerning academic dismissal and
the student’s right of appeal.
v Transcripts
Transcripts of grades earned at UT Permian Basin are available in the Office of the Registrar. The Family
Educational Rights and Privacy Act requires that the student sign all transcript requests and releases.
Transcripts cannot be requested by phone.
v Web Courses
Registration procedures are not different for web courses. Web courses do require that the student have
frequent access to a computer and the Internet. Students should be aware that web courses are not self-paced.
Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. Sec. 1232g, and the Texas Public
Information Act, Texas Government Code Sec. 552.001 et seq., are respectively a federal and state law that
provide for the review and disclosure of student educational records. In accordance with these laws the
University has adopted the following policy.
FERPA rights apply to a student, a person who is or who has been attending this institution regardless of age.
FERPA applies to personally identifiable information in educational records. Personal identifiable information
includes items such as the student's name, social security numbers, and personal characteristics or other
information that make the student identity easily accessible or traceable.
Terms defined for students under FERPA:
Educational Records
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They are all records that contain information that is directly related to a student and that are maintained by an
educational agency or institution or by a party acting on its behalf. By definition educational record means any
information recorded in any way, including but not limited to handwriting, print, tape, film, microfilm,
microfiche and digital image.
What is not included in my educational record?
Sole possession records (note kept in sole possession of the maker: ex. personal notes or
personal memory aids)
Medical or psychological treatment records
Employment records, where the employment is not
dependent on being a student Law Enforcement records
Records that may be collected after an individual is not a
students at this institution have some control over disclosure of information from his or
her educational record
Student right to review record
Upon written request, the University shall provide a student access to his or her educational records except for
financial records of the student's parents or legal guardian; and confidential letters of recommendation where
the student has signed a waiver of right of access. If the records contain information on more than one student,
the requesting student may inspect, review or be informed on only the specific information about his or her
own records. Educational Records are normally made available to student within forty to forty-five days from
the date requested. The contents of the student's educational records may be challenged by the student on the
grounds that they are inaccurate, misleading or otherwise in violation of the privacy rights of the student by the
submitting a written statement to the custodian of the records (University Registrar).
The Family Education Rights and Privacy Act was not intended to provide a process to be used to question
substantial judgments that are correctly recorded. Under these specification students may not request
adjustments be made to grades that are recorded as issued by the faculty, outcomes to disciplinary hearing,
judgments recorded as part of an assessment process, and to other correctly documented judgments. Student
must refer to other institutional process to address these concerns.
A student may obtain copies of their record at a charge of 10 cent per page, unofficial transcripts from other
institutions $2 per page, and unofficial copy of the University at no charge, and official transcript of the
University at the charge of $7.00.
Directory information
FERPA identifies certain information as directory information, which can be disclosed without the student's
permission. Here is what the University defines as directory information:
Student's Name, address, telephone listing, electronic
mail address date and place of birth, photographs
Participation in official recognized
activities and sports Field of study
Weight and height of athlete
Enrollment Status (Full-, part-time,
undergraduate, graduate) degree & awards received dates of
attendance
most recent previous school attended
*Marital status
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*Religious preference
*Student Parking permit information
*Current Class Schedule
*Current number of hours enrolled
*Class roster
NOTE: For public institutions in Texas, the asterisk denotes additional items the Attorney General of the
State of Texas has determined to be public information.
Withholding Information
Students may have any or all directory information withheld by notifying the Office of the Registrar in writing
each semester during the first 12 days of class of a fall or spring semester or the first 4 class days of a summer
semesters. A request to withhold information may be submitted after the stated deadline for a term, but
information may be released between the deadline and receipt of the request. A student who has asked to be
excluded from any directory information release will remain flagged until the student requests that the flag be
removed.
Access to student educational records:
FERPA, non-directory information may not be released without written consent from the students. As a
service to the student the University has policy to release certain information to outside requestor only and
when a student has completed a student FERPA release of information form. This form is available to student
at the Office of the Registrar or the Office of Vice President for Student Services.
The University will not permit access to or the release of personally identifiable information contained in
student education records without the written consent of the student to any party, except as follows:
•
To appropriate University officials who require access to education records in order to perform their
legitimate education duties;
•
To Officials of other schools in which the student seeks or intends to enroll, upon request of these
officials, and upon the condition that the student be notified and receive copy of the record if desired;
•
To federal, state, or local officials or agencies authorized by law;
•
In connection with a student’s application for, or receipt of, financial aid;
•
To accrediting organizations or organizations conducting educational studies, provided that these
organizations do not release personally identifiable data and destroy such data when it is no longer needed
for the purpose it was obtained;
•
To the parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1954,
provided a reasonable effort is made to notify the student in advance;
•
In compliance with a judicial order or subpoena, provided a reasonable effort is made to notify the
student in advance unless such subpoena specifically directs the institution not to disclose the existence of
a subpoena;
•
In an emergency situation if the information is necessary to protect the health or safety of the students or
other persons; or
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•
To an alleged victim of any crime of violence, the results of the alleged perpetrator’s disciplinary
proceeding may be released.
Legitimate Educational interest or duties:
It is access to education records by the appropriate University administrator, faculty, or staff who requires
access in order to perform their official duties and business. Details on the University’s policies and procedures
on the access to student records can be found in the University’s Handbook of Operating Procedures, Part VI
Section 15. This can be found at the following internet address: www.utpb.edu.
Complaints regarding alleged failure to comply with the provision of the FERPA may be submitted in writing
to the Family Policy Compliance Office, U.S. Department of Education, 600 Independent Avenue S.W.,
Washington, D.C. 20202-4605
POLICY STATEMENTS
Acceptable Use Policy for State-Owned Information Resources
26.1 Definitions
Information Resources include all computer and telecommunications hardware, software, and networks owned,
leased, or operated by The University of Texas System and the information stored therein.
26.2 Restrictions
This Acceptable Use Policy establishes usage restrictions for the utilization of state-owned information
resources at The University of Texas of the Permian Basin (UTPB). These restrictions support State law,
Texas Administrative Code (TAC) requirements, Department of Information Resources (DIR) requirements,
and/or UT System Business Procedures Memorandum 53 requirements.
26.21 Any use of UTPB information resources for illegal purposes, or in support of illegal activities, is
prohibited.
Violation of software copyright and/or licensing restrictions is illegal.
26.22 All use of UTPB information resources must be in support of education and research in the State
Of Texas and consistent with the purpose of the institution.
26.221 Any use of UTPB information resources for commercial purposes is prohibited without the
express written consent of the UTPB Information Resource Manager.
26.222 Any use of UTPB information resources for product advertisement or political lobbying is
prohibited.
26.223 Any use of UTPB information resources for the production, duplication, distribution, receipt
and/or transmission of any material which might be considered pornographic and/or obscene is
prohibited.
26.224 No use of UTPB information resources shall serve to disrupt the use of the resources by other
users.
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26.23 All access accounts for UTPB information resources will be used only by the authorized owner
of the account for the authorized purpose and in compliance with established computer security
policies.
26.24 Any UTPB information resource user which traverses another network may be subject to the
acceptable use policy of that network.
26.25 At least once each year, the UTPB Information Resources Division will make decisions on
whether specific uses of UTPB information resources are consistent with this policy.
26.26 Failure to comply with Acceptable Use Policy will constitute cause for termination of resource
access.
Alcohol and Drug-Free Schools and Communities
Series 50000, Section 2 of the Rules and Regulations of the Board of Regents of The University of Texas
System provides for disciplinary action against any student who engages in conduct that is prohibited by state,
federal, or local law. This includes those laws prohibiting the use, possession, or distribution of drugs and
alcohol.
Health Risks of Alcohol and Drugs
Alcohol. Health hazards associated with the excessive use of alcohol or with alcohol dependency include
dramatic behavioral changes, retardation of motor skills, and impairment of reasoning and rational thinking.
These factors result in a higher incidence of accidents and accidental death for such persons than for non-users
of alcohol. Nutrition also suffers and vitamin and mineral deficiencies are frequent. Prolonged alcohol abuse
causes bleeding from the intestinal tract, damage to nerves and the brain, psychotic behavior, loss of memory
and coordination, damage to the liver often resulting in cirrhosis, impotence, severe inflammation of the
pancreas, and damage to the bone marrow, heart, testes, ovaries, and muscles. Damage to the nerves and organs
is usually irreversible. Cancer is the second leading cause of death in alcoholics and is 10 times more frequent
than in non-alcoholics. Sudden withdrawal of alcohol from persons dependent on it will cause serious physical
withdrawal symptoms. Drinking during pregnancy can cause fetal alcohol syndrome. Overdoses of alcohol
can result in respiratory arrest and death.
Drugs. The use of illicit drugs usually causes the same general type of physiological and mental changes as
alcohol, though frequently those changes are more severe and more sudden. Death or coma resulting from
overdose of drugs is more frequent than from alcohol.
Cocaine. Cocaine is a stimulant that is most commonly inhaled as a powder. It can be dissolved in water and
used intravenously. The cocaine extract (crack) is smoked. Users can progress from infrequent use to
dependence within a few weeks or months. Psychological and behavioral changes resulting from use include
over-stimulation, hallucinations, irritability, sexual dysfunction, psychotic behavior, social isolation, and
memory problems. An overdose produces convulsions and delirium and may result in death from cardiac
arrest. Discontinuing the use of cocaine requires considerable assistance, close supervision and treatment.
Amphetamines. Patterns of use and associated effects are similar to cocaine. Severe intoxication may produce
confusion, rambling or incoherent speech, anxiety, psychotic behavior, ringing in the ears, hallucinations, and
irreversible brain damage. Intense fatigue and depression resulting from use can lead to severe depression.
Large doses may result in convulsions and death from cardiac or respiratory arrest.
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MDA and MDMA (XTC, ecstasy). These amphetamine-based hallucinogens are sold in powder, tablet, or
capsule form and can be inhaled, injected, or swallowed. They cause similar, but usually milder,
hallucinogenic effects than those of LSD. Because they are amphetamines, tolerance can develop quickly and
overdose can happen. Exhaustion and possible liver damage can occur with heavy use. In high doses, these
drugs can cause anxiety, paranoia and delusions. While rare, these drugs have been associated with deaths in
users with known or previously undiagnosed heart conditions.
Rhohypnol (rophies, roofies, rope).This drug is in the same category of drugs as Valium, a benzodiazepine,
but it is more potent than Valium. Initially, it causes a sense of relaxation and reduction of anxiety. At higher
doses, light-headedness, dizziness, lack of coordination and slurred speech occur. The drug affects memory
and, in higher doses or if mixed with other drugs or alcohol, can result in amnesia for the time period the user
is under the influence. Because of this amnesia effect, Rhohypnol has been given intentionally to others to
facilitate sexual assault and other crimes. Combining this drug with other sedating drugs, including alcohol,
will increase the intensity of all effects of the drug and, in sufficient doses, can cause respiratory arrest and
death. Dependency can occur.
Heroin and other opiates. These drugs are usually taken intravenously. "Designer" drugs similar to opiates
include fentanyl, Demerol, and "china white." Addiction and dependence develop rapidly. Use is characterized
by impaired judgment, slurred speech, and drowsiness. Overdose is manifested by coma, shock, and depressed
respiration, with the possibility of death from respiratory arrest. Withdrawal problems include sweating,
diarrhea, fever, insomnia, irritability, nausea and vomiting, and muscle and joint pains.
Hallucinogens or psychedelics. These include LSD, mescaline, peyote, and phencyclidine (PCP or "angel
dust"). Use impairs and distorts one's perception of surroundings, causes bizarre mood changes and results in
visual hallucinations that involve geometric forms, colors, and persons or objects. Users who discontinue use
experience "flashback" consisting of distortions of virtually any sensation. Withdrawal may require psychiatric
treatment for the accompanying persistent psychotic states. Suicide is not uncommon.
Solvent inhalants, e.g. glue, lacquers, plastic cement. Fumes from these substances cause problems similar
to alcohol. Incidents of hallucinations and permanent brain damage are more frequent with chronic use.
Marijuana (Cannabis). Marijuana is usually ingested by smoking. Smoking marijuana causes disconnected
ideas, alteration of depth perception and sense of time, impaired judgment, and impaired coordination.
Prolonged use can lead to psychological dependence.
Damage from intravenous drug use. In addition to the adverse effects associated with the use of a specific
drug, intravenous drug users who use unsterilized needles or who share needles with other drug users can
develop HIV disease, hepatitis, tetanus (lock jaw), and infections in the heart. Permanent damage may also
result.
University Penalties
Students. The University will impose a minimum disciplinary penalty of suspension for a specified period of
time or suspension of rights and privileges, or both, for conduct related to the use, possession, or distribution of
drugs that are prohibited by state, federal, or local law. Other penalties that may be imposed for conduct related
to the unlawful use, possession, or distribution of drugs or alcohol include disciplinary probation, payment for
damage to or misappropriation of property, suspension of rights and privileges, suspension for a specified
period of time, expulsion, or such other penalty as may be deemed appropriate under the circumstances.
65
PENALTIES UNDER STATE AND FEDERAL LAW
PENALTIES UNDER STATE LAW
I. TEXAS STATUTES
OFFENSE
MINIMUM PUNISHMENT
Manufacture or delivery of
Controlled substances
(drugs)
Confinement in jail for a term
of not more than 2 years or less
than 180 days, and a fine not to
exceed $10,000
Imprisonment for life or for a
term of not more than 99 years
nor less than 15 years, and a
fine not to exceed $250,000
Possession of controlled
substances (drugs)
Confinement in jail for a term
of not more than 180 days, a
fine not to exceed $2,000, or
both
Imprisonment for life or for a
term of not more than 99 years
nor less than 10 years, and a
fine not to exceed $250,000
Delivery of marijuana
Confinement in jail for a term
not more than 180 days, a fine
not to exceed $2,000, or both
Imprisonment for life or for a
term of not more than 99 years
nor less than 10 years, and a
fine not to exceed $100,000
Possession of marijuana
Confinement in jail for a term
not more than 180 days, a fine
not to exceed $2,000, or both
Imprisonment for life or for a
term of not more than 99 years
nor less than 5 years, and a fine
not to exceed $50,000
Driving while intoxicated
(includes intoxication from
alcohol, drugs, or both)
Confinement in jail for a term
of not more than 180 days nor
less than 72 hours, and a fine of
not more than $2,000
Imprisonment for a term of not
more than 10 years nor less
than 2 years, and a fine not to
exceed $10,000
Public intoxication
A fine not to exceed $500
Varies with age and number of
offenses
Purchase of alcohol by a minor
A fine not to exceed $500
Varies with number of offenses
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MAXIMUM PUNISHMENT
Consumption or possession of
A fine not to exceed $500
67
Varies with number of offenses
alcohol by a minor
Sale of alcohol to a minor
A fine not to exceed $4000 or
confinement in jail for not more
than one year, or both
A fine not to exceed $4000 or
confinement in jail for not more
than one year, or both
PENALTIES UNDER FEDERAL LAW
II. FEDERAL STATUTES*
PUNISHMENT
MINIMUM
PUNISHMENT
MAXIMUM OFFENSE
Manufacture, distribution, or
dispensing drugs (includes
marijuana)
A term of imprisonment for up
to 5 years and a fine of
$250,000
A term of life imprisonment
without release (no eligibility
for parole) and a fine not to
exceed $8,000,000 (for an
individual) or $20,000,000 (if
other than an individual)
Possession of drugs (including
marijuana)
Imprisonment for up to one
year and a fine of not less than
$1,000
Imprisonment for not more
than 20 years or less than 5
years and a fine of not less than
$5,000 plus costs of
investigation & prosecution
Operation of a Common
Carrier under the influence of
alcohol or drugs
Imprisonment for up to 15
years and a fine not to exceed
$250,000
*Penalties may be enhanced for prior offenses and offenses within specific distances of a public
university.
AVAILABLE DRUG OR ALCOHOL COUNSELING OR REHABILITATION SERVICES
University Counseling Services – FB054 – 552-2365
Permian Basin Regional Council on Alcohol and Drug Abuse – 1101 Whitaker, Odessa, Texas – 5805100
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Call to Military Service
Beginning with the summer semester of 1990, if a student withdraws from an institution of higher
education because the student is called to active military service, the institution, at the student's option,
shall:
(1)
withdraws;
refund the tuition and fees paid by the student for the semester in which the student
(2)
grant a student, who is eligible under the institution's guidelines, an incomplete grade in
all courses by designating "withdrawn-military" on the student's transcript; or
(3)
as determined by the instructor, assign an appropriate final grade or credit to a student
who has satisfactorily completed a substantial amount of coursework and who has demonstrated sufficient
mastery of the course material.
Crime Awareness and Campus Security
This information is being provided as part of The University of Texas of the Permian Basin’s commitment
to safety and security on campus and complies with the Crime Awareness and Campus Security Act of
1990 (Clery Act).
Crime Reporting Policy, Procedures and Responses
This report is prepared in cooperation with the police agencies surrounding the campus, University
Housing, Dean of Students, and the University Counseling Center.
This report includes statistics for the previous three years concerning reported crimes that occurred on
campus, in certain off-campus buildings owned or controlled by UTPB and on any public property within,
or immediately adjacent to and accessible from the campus. The report also includes institutional policies
concerning campus security, alcohol and drug use, crime prevention, reporting of crimes, sexual assault
and other matters.
Reporting Crimes or Other Emergencies
Criminal activity and other emergencies occurring on campus should be reported immediately to the
UTPB Police by telephone, blue-light phone, or in person at the police department, or by contacting a
police officer on patrol. This will enable us to provide the best possible assistance to you and to make
timely warning to the UTPB community when needed.
PHONE NUMBERS:
EMERGENCY - POLICE / FIRE* / MEDICAL*
9-1-1
24-HOUR
For TDD Service:
(800) 735-2989
NON-EMERGENCY Dispatch
432-552-2787
The University Police Department is responsible for law enforcement, security and emergency response at
all UTPB facilities. The primary office of the University Police Department is located on the first floor of
69
the Mesa Building, MB1200. The University Police Department is open 24 hours a day, 365 days a year,
staffed by commissioned Texas Police Officers and supported by civilian personnel and
noncommissioned security guards. For non-emergency assistance, dial 432-552-2787.
A number of well-marked exterior emergency telephones are located throughout the campus (primarily in
parking lots). These emergency telephones can be used to report crimes, emergencies or to request police
services.
The University Police Department annually surveys the campus grounds to insure that shrubbery, trees
and other vegetation do not impede light disbursement or interfere with walkways. The campus
community is encouraged to report any safety concerns, exterior lighting, and emergency telephone
malfunctions to the University Police Department at 432-552-2787.
Working Relationships with State and Local Police
The University Police Department maintains close working relationships with the City of Odessa Police
Department, Ector County Sheriff’s Office, federal, state and other law enforcement agencies and
routinely shares investigative information. The University Police Department also works closely with the
Odessa Fire Department and Emergency Medical Services.
Crime Prevention
Security awareness and crime prevention programs are based upon a dual concept of eliminating or
minimizing criminal opportunities whenever possible and encouraging students, faculty and staff to share
the responsibility for their own safety and for others. Below is a list of the current Crime Prevention and
Security Awareness projects:
1. Crime prevention brochures and other printed materials are presented during each registration
period. Crime prevention literature related to personal safety, auto theft prevention, and
residential security is available at various locations throughout the campus. Specialized crime
prevention literature is available upon special request.
2. An electronic security alarm system located at the University Police Information Center and
monitored by a local alarm company provides a comprehensive network of intrusion detection
and duress alarm systems.
3. Crime awareness and crime prevention articles and crime statistics are distributed monthly to the
campus community through the campus. Similar information is printed in the campus newspaper,
The Mesa Journal.
4. Operation identification - the engraving of serial numbers or owner recognized numbers on items
of value and the cataloging of items. Tools are available for checkout at the Police Department,
Information Center.
5. Security surveys - Ongoing comprehensive security surveys of exterior lighting, exterior doors
and grounds are conducted by physical plant and police employees.
6. Facilities surveys - An ongoing program known as "directed patrol" and “park and walks” are
made at irregular intervals during each shift. A "directed patrol" is a walk through all buildings
where officers or guards look for, or are alerted to suspicious activities. A “park and walk”
involves guards and officers parking their patrol vehicle and conducting foot patrols of selected
areas of the campus. All these types of patrols are documented in the Emergency
Communications Center.
7. There are six emergency telephones located in parking lots and on sidewalks around the campus,
which are hooked directly on the Information Center during normal business hours and to the on
duty officer’s cell phone after close of business each day. These telephones are identified by blue
70
strobe lights and are in operation 24 hours a day. Pressing the large button and speaking into the
microphone actuates the telephone.
8. Safety Escort Program - Upon request, safety escorts are provided to locations on campus during
hours of darkness.
9. Crime prevention presentations pertaining to personal safety, sexual assault prevention, alcohol
and drug awareness, burglary, and theft prevention are conducted as needed for faculty, staff and
students. Specialized crime prevention presentations are available upon special request.
For additional crime prevention information or to schedule a crime prevention presentation, please call
University Police Department at 432-552-2787.
WEAPONS
In accordance with Texas Penal Code Ch. 46, it is a felony to intentionally, knowingly, or recklessly
possess a firearm, illegal knife, or prohibited weapon (with or without a concealed handgun permit) on the
physical premises of a school or educational institution, to include any buildings or passenger
transportation vehicles under the direct control of the educational institution.
CRIME REPORTING
Efforts are made to inform members of the campus community on a timely basis about campus crime and
crime-related problems. These efforts include the following:
1. Annual report – Crime statistics are compiled yearly and are available to the media and to any
member of the campus community.
2. Student newspapers – A summary of recent crime statistics will be prepared by the University
Police Department and published in the student newspaper.
3. Campus Alert Flyers – in special circumstances, printed crime alerts are prepared and distributed
selectively or randomly throughout the campus.
4. Electronic alerts – in special circumstances, crime alerts are posted via the University web site
and through e-mail.
71
CRIME STATISTICS
In compliance with the Campus Security Act of 1990, the annual crime report includes statistics for the
past three calendar years.
UTPB - MAIN CAMPUS
Crime on Campus Report 2011-2013
On
Residential
Non-Campus
Public
Campus
Facilities
Buildings &
Property
2011
0
0
0
0
0
2012
0
0
0
0
0
2013
0
0
0
0
0
2011
0
0
0
0
0
2012
0
0
0
0
0
2013
0
0
0
0
0
2011
0
0
0
0
0
2012
0
0
0
0
0
2013
0
0
0
0
0
Forcible Sex OffensesNot Reported to Police
2011
0
0
0
0
0
2012
0
0
0
0
0
(reported to other campus officials)
2013
0
0
0
0
0
Non-Forcible Sex Offenses
2011
0
0
0
0
0
2012
0
0
0
0
0
2013
1
1
1
0
2
Non-Forcible Sex OffensesNot Reported to Police
2011
0
0
0
0
0
2012
0
0
0
0
0
(reported to other campus officials)
2013
0
0
0
0
0
Robbery
2011
3
2
0
0
3
2012
0
0
0
0
0
2013
0
0
0
0
0
2011
0
0
0
0
0
2012
0
0
0
0
0
2013
2
2
0
0
2
2011
7
7
0
0
7
2012
1
1
0
0
1
2013
4
3
0
0
4
2011
0
0
0
0
0
2012
0
0
0
0
0
2013
0
0
1
0
1
2011
0
0
0
0
0
2012
0
0
0
0
0
2013
0
0
0
0
0
Offense Type
Murder and Non-Negligent
Manslaughter
Negligent Manslaughter
Forcible Sex Offenses
Aggravated Assault
Burglary
Motor Vehicle Theft
Arson
Year
72
Total
Property
Family, Dating Violence & Stalking
Not
Required
2012
2011
Not
Required
2013
0
0
0
1
1
Offense Type
Year
UTPB - MAIN CAMPUS
Arrests for Liquor Law, Drug and Weapons Violations
On
Residential
Non-Campus
Public
Campus
Facilities
Buildings &
Property
Offense Type
Year
Liquor Law Violations
2011
27
13
14
0
2012
12
1
5
0
2013
28
27
8
0
2011
3
2
4
0
2012
7
1
18
0
2013
13
6
21
0
2011
1
0
0
0
2012
0
0
1
0
2013
0
0
7
0
Drug Violations
Weapons Violations
Property
UTPB - MAIN CAMPUS
Judicial Referrals for Liquor Law, Drug and Weapons Violations
On
Housing
Non-Campus
Public
Campus
Facilities
Buildings &
Property
Offense Type
Year
Liquor Law Violations
2011
3
3
0
0
3
2012
12
12
0
0
12
2013
11
11
0
0
11
2011
0
0
0
0
0
2012
7
0
0
0
7
2013
0
0
0
0
0
2011
0
0
0
0
0
2012
0
0
0
0
0
2013
0
0
0
0
0
Drug Violations
Weapons Violations
Property
For more information regarding crime statistics reporting for this and other campuses, visit the Office of
Postsecondary Education (OPE) website at: http://www.ed.gov/about/offices/list/ope/index.html
73
Total
Notes:
"Referrals" are violations handled by campus disciplinary authorities and/or police that do not result in
arrests. Data include employees and students.
The term "non-campus buildings" includes the areas off campus that registered student organizations have
reported they own or control. The University has no responsibility for security policies, procedures, or
safety at these locations.
Public property includes thoroughfares, streets, sidewalks, and parking facilities that are within the
campus or immediately adjacent to and accessible from the campus. All reported data for violations
occurring on Adjacent Public Property are obtained from Odessa Police Department crime reports.
For more information regarding crime statistics reporting for this and other campuses visit the OPE
website at http://www.ed.gov/offices/OPE/index.html
* () indicates number of incidents at the Campus Student Housing.
UTPB – Midland Campus
Crime on Campus Report 2011-2013
On
Residential
Non-Campus
Public
Campus
Facilities
Buildings &
Property
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
Forcible Sex OffensesNot Reported to Police
2011
0
0
0
0
2012
0
0
0
0
(reported to other campus officials)
2013
0
0
0
0
Non-Forcible Sex Offenses
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
Non-Forcible Sex OffensesNot Reported to Police
2011
0
0
0
0
2012
0
0
0
0
(reported to other campus officials)
2013
0
0
0
0
Robbery
2011
0
0
0
0
Offense Type
Murder and Non-Negligent
Manslaughter
Negligent Manslaughter
Forcible Sex Offenses
Year
74
Property
2012
0
0
0
0
2010
0
0
0
0
2011
0
0
0
0
2012
0
0
0
0
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
2013
Aggravated Assault
Burglary
Motor Vehicle Theft
Arson
UTPB - Midland Campus
Arrests for Liquor Law, Drug and Weapons Violations
On
Residential
Non-Campus
Public
Campus
Facilities
Buildings &
Property
Year
Liquor Law Violations
Drug Violations
Weapons Violations
Property
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
UTPB - Midland Campus
Judicial Referrals for Liquor Laws, Drug and Weapons Violations
On
Residential
Non-Campus
Public
Campus
Facilities
Buildings &
Property
Offense Type
Year
Liquor Law Violations
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
Property
75
Drug Violations
Weapons Violations
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
2011
0
0
0
0
2012
0
0
0
0
2013
0
0
0
0
For more information regarding crime statistics reporting for this and other campuses, visit the Office of
Postsecondary Education (OPE) website at: http://www.ed.gov/about/offices/list/ope/index.html
Hate Crimes – UTPB - Midland Campus (Calendar years: 2011-2013)
An institution must also report, by category of prejudice, the following crimes reported to the university police or
other campus security authority that manifest evidence that the victim was intentionally selected because of the
victim’s actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability. Any of the crimes
listed above, as well as theft, simple assault, intimidation, and destruction/ damage/ vandalism of property or any
other crime involving bodily injury.
• Forthecalendaryearsreported(2011–2103),therewerenohatecrimesreportedontheUTPB–
MidlandCampuSexOffenderRegistryandAccesstoRelatedInformation
Enforcement Authority / Other Police Agencies
University Police Officers are vested with full law enforcement powers under Section 51.203, Texas
Education Code. Officers must meet training requirements mandated by the Texas Commission on Law
Enforcement Officers Standards and Education, as well as training designed to meet the needs of the
university community. As University Police Officers, their police authority extends throughout Ector and
Midland Counties.
All criminal incidents are investigated by police officers. UTPB police with local municipal police
agencies and county sheriff's departments as well as the Texas Department of Public Safety maintains a
cooperative relationship. This cooperation includes training programs, special events, coordination and
investigation of serious incidents. Cases are filed with both the Ector County and Midland County District
Attorney offices, depending on the violation location. Information may also be given to the V.P.S.S. for
action involving students.
The University requests that all crimes or suspected crimes occurring on campus be reported to the
University Police Department as soon as possible.
Timely Warning
To help prevent crimes or serious incidents, a Timely Warning may be issued by the judgment of the
University Police Chief. The warning may be issued by campus wide e-mail, News media, UTPB website,
posted bulletin boards, or campus closure. Anyone with information warranting a timely warning should
report it to the University Police.
Most campus buildings and facilities are accessible to members of the campus community and their
guests and visitors during normal business hours, Monday through Friday, and for limited hours on the
76
weekends (this excludes most holidays). Students have access to the buildings during all scheduled class
sessions including laboratory, library study and research periods.
After normal business hours, including weekends and holidays, all campus buildings are considered
closed and secured. Persons needing entry must sign in at Mesa Building Information Center or utilize
"late door entry" procedures. Late doors are equipped with electronic locks and closed circuit television
cameras. This electronic access control system can allow access to those persons authorized entry and
assigned a code for the system. Exterior building doors on campus are equipped with electronic alarms,
which annunciate at the alarm monitoring company during prohibited hours. A member of the UTPB
Police Department responds to each alarm.
Sexual Offense Policy
It is the policy of the university to strive to maintain an environment that is free from intimidation and
inappropriate sexual conduct. In particular, the university will not tolerate any form of sexual offense,
including, but not limited to, acquaintance rape, date rape, sodomy, and sexual offense with an object,
fondling or any other form of non-consensual sexual activity.
A student who individually, or in concert with others, participates or attempts to participate in a sexual
offense, regardless of whether it takes place on or off campus, is subject to disciplinary action,
notwithstanding any action that may or may not be taken by the police.
The university encourages any person who is the victim of a forcible or non-forcible sexual offense to
immediately report the incident to campus authority (university police, V.P.S.S., university Student
Housing Director or Assistant Director and Deans, Directors, Department Heads, except those with
significant counseling responsibilities). Additional resources outside the university are available. There is
no requirement to notify law enforcement authorities of a sexual offense; however, the university
encourages all victims to do so. All University personnel will assist in notifying the university police to
report a sexual offense if asked to do so by the victim. University police should be notified as soon as
possible (the preservation of evidence is crucial in a sexual offense case). Do not bathe, shower, douche
or change clothing. If needed, contact one of the above mentioned resources, or a support person for
assistance. University police will handle all cases that occur on campus. If transportation is needed to
obtain a medical examination, the university police department will arrange for transportation to the
hospital. For the protection of the victim, a pseudonym can be used in the report process.
When a student reports that campus regulation prohibiting a sexual offense have been violated, informal
procedures that provide for the protection of the emotional health and physical safety of the complainant
may be invoked. For example, a student who lives on campus may be moved to another campus living
environment if he or she chooses and if accommodations are reasonably available. Similarly, a
complainant may be allowed to make changes in his or her class schedule. Such arrangements will be
made through the Office of the V.P.S.S. If the complainant provides credible evidence that the accused
student has engaged in prohibited sexual offense, the V.P.S.S. may take interim disciplinary action against
the accused student as appropriate.
A student who wishes to file a complaint that will be addressed by the University disciplinary system
should contact the V.P.S.S. at 432-552-2600. A student may choose to file a complaint with the V.P.S.S.
whether or not the student chooses to press criminal charges. A student who wishes to file a complaint
against a faculty or staff member may contact the V.P.S.S. as well. Procedures for discipline and
dismissal of staff and faculty are outlined in the university Handbook of Operating Procedures.
Notwithstanding, the rights of the accused student, faculty or staff member, a complainant under this
policy is entitled to the following rights:
77
1. The right to present his/her testimony during the disciplinary hearing.
2. The right to have a support person present. This person is not entitled to represent the
complainant not to assist the complainant with his or her testimony. If the support person is to act
as a witness, the hearing officer may require him or her to testify prior to the hearing.
3. The right not to have evidence of his or her past sexual history with third parties admitted as
evidence.
4. The right to have the hearing closed to spectators.
5. The right to know the outcome of the hearing to the extent permitted by federal Family
Educational Rights and Privacy Act.
The university counseling Center (432-552-2365) and the Odessa Rape Crisis Center (333-2527) and the
Midland Rape Crisis Center (682-7273) are available to provide support services for anyone affected by
any form of sexual offense. Students who may have been assaulted by someone who is not affiliated with
the university may also contact any of the available university support services.
Below is a list of educational and preventative programs and support services on campus that address the
issue of sexual assault. Brochures and other printed materials are available from each office. Additional
information may be obtained by calling the numbers listed.
STUDENT COUNSELING CENTER 432-552-2365
Individual and group counseling Educational
Programs
UNIVERSITY POLICE 432-552-2787
Crime prevention presentations related to sexual assault
Escort service
Crime statistics information
Copyright Policy
It is the policy of The University of Texas of the Permian Basin to adhere to the requirements of the
United States Copyright Law of 1976, as amended. (Title 17, United States Code, hereinafter, the
"Copyright Act") including ensuring that the restrictions that apply to the reproduction of software are
adhered to and that the bounds of copying permissible under the fair use doctrine are not exceeded.
Accordingly, all faculty, staff and students of The University of Texas of the Permian Basin should
adhere to the following policy guidelines:
Materials Subject to Restrictions
Only copyrighted materials are subject to the restrictions in this Policy Statement. Noncopyrighted
materials may be copied freely and without restriction. Because a copyright notice is not required for
copyright protection of works published on or after March 1, 1989, most works (except those authored by
the United States Government) should be presumed to be copyright protected, unless further information
from the copyright holder or express notice reveals that the copyright holder intends to work to be in the
public domain. With regard to works published prior to March 1, 1989, a copyright notice generally is
required in order for them to be copyright protected.
Copyrighted Software
Copyrighted software may be copied without the copyright owner's permission only in accordance with
the Copyright Act. Section 117 of the Act permits the making of a single archival back-up copy. Most
software, however, is licensed to the user and the terms of the license agreement may give the user
"permission" to make copies of the software in excess of the single archival copy permitted by the
78
Copyright Act. Each software license agreement is unique, and its terms and provisions will vary from
product to product and from company to company. As a result, the extent of the user's rights to copy
licensed software beyond that which is permitted under the Copyright Act cannot be determined without
reference to the user's license agreement with the software copyright owner. It is the policy of The
University of Texas of the Permian Basin that any copying or reproduction of copyrighted software on U.
T. Permian Basin computing equipment must be in accordance with the Copyright Act and the pertinent
software license agreement. Further, faculty, staff and students may not use unauthorized copies of
software on U. T. Permian Basin owned computers or computers housed in U. T. Permian Basin facilities.
"Fair Use"
Copyrighted materials may be copied without the copyright owner's permission where such copying
constitutes "fair use" under the Copyright Act. Section 107 of the Act identified four factors to be
considered in determining whether a use is fair. While this statutory "balancing test" is the ultimate test of
fair use, Congress has endorsed certain Guidelines that provide more concrete guidance to educators as to
the boundaries of permissible copying. These Guidelines are set forth in Appendix I of the Copyright and
The University Community Monograph dated August 1993. Generally, copying is permissible as fair use
to the extent it is permitted by the Guidelines set forth in Appendix I. In some cases, copying not within
the Guidelines of Appendix I nevertheless may constitute fair use; however, before proceeding on that
assumption, the appropriate administrative office of the component institution should request the advice
of the Office of General Counsel.
Permission to Copy
In order to copy materials, including software, where (a) the materials are copyrighted, (b) copying
extends beyond what is permitted by license or the boundaries of the Guidelines in Appendix I (Copyright
and The University Community Monograph dated August 1993), and (c) advice of the Office of General
Counsel has not been sought, permission should be obtained from the copyright owner. The information
in Appendix II may be helpful in obtaining such permission.
Notice of Copyright Policy
The Chief Business Officer is responsible for posting notices reflecting this policy at all photocopying
stations which may be used for reproducing copyrighted materials, e.g., departmental copy rooms and
libraries, and at or near all computer stations that may be used for reproducing copyrighted software. A
suggested form of notice may be found in Appendix III in the Copyright and The University Community
monograph. Photocopy guidelines concerning books and periodicals should appear at all photocopy
machines.
Music Copyright Policy
For educational uses of music, the guidelines set forth in the legislative history of Subsection 107 of the
Copyright Act generally are applicable. (Handbook of Operating Procedures)
File Sharing (Peer-to-Peer)
Introduction
Peer-to-peer (P2P) applications such as Napster, Gnutella, iMesh, Audiogalaxy Satellite, and KaZaA,
make it easy for users to exchange files with each other over the Internet. While these programs are a
79
good way of sharing information, they are not entirely harmless and can cause problems for personal
computer systems as well as for the University network.
This document provides the information users may need to avoid degrading the performance of the
University’s network, to avoid unknowingly sharing personal data, to prevent inadvertently violating
Federal Copyright Law, or to prevent exposing personal computer equipment to malicious code or
unacceptable use when using peer-to-peer applications.
Network Capacity
Most P2P applications will usually be configured so other users can access your hard drive and share your
files all of the time. This constant file transfer can degrade your computer’s performance and generate
heavy traffic loads on the University network, making overall network performance poor. The network is
a shared resource and we all must use it responsibly. Network traffic capacity (referred to as “bandwidth”)
is a limited and expensive resource that we must all consume responsibly.
UTPB network bandwidth consumption is monitored. If your usage could possibly impact the overall
performance of the network, your computer may be blocked until the situation can be discussed and
resolved.
Students living in University housing are limited in the amount of bandwidth they can use. Having P2P
applications running all the time can quickly use up your bandwidth quota.
Before you install any program on your computer, especially a P2P application, read that program’s
documentation and disable, if possible, file-sharing access.
Copyright Issues
File-sharing applications make it easy for you to share music, videos, movies, software, text and other
files. However, unless you have the explicit permission of the copyright owner to possess or distribute the
material, you may be in violation of federal copyright law. It is best to assume that all material is
copyrighted.
Copyright infringement is the act of exercising, without permission or legal authority, one or more of the
exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the
United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the
file-sharing context, downloading substantial parts of a copyrighted work without authority constitutes an
infringement.
Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable
for civil copyright infringement may be ordered to pay either actual damages or "statutory" damages
affixed at not less than $750 and not more than $30,000 per work infringed. A court can, in its discretion,
also assess costs and attorneys' fees. For details see Title 17, United States Code, Sections 504 & 505.
Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five
years and fines of up to $250,000 per offense.
For more information, please see the Web site of the U.S. Copyright Office at www.copyright.gov,
especially the FAQs at www.copyright.gov/help/faq.
The University cannot protect you from a copyright complaint. You are not insulated from legal action
because of your status as a student or because you use University network resources. In fact, the
80
University may be legally required to assist a complainant in pursuing action against you. The penalties
can range from University sanctions to civil and criminal prosecution. Individual copyright owners and
the entertainment industry are quite active in pursuing legal actions. You are not protected just because
you received material at no cost or are distributing material with no charge. Your only protection is to not
possess or distribute any unlicensed copyrighted material.
Privacy
If you are running a file-sharing application, make sure you know which files and data the program can
access and provide to others. You may be inadvertently sharing personal information such as e-mail
messages and credit card information.
Security
Virus writers are increasingly targeting file-sharing applications. If malicious code infects your computer,
it can spread to millions of computers on the Internet. It is essential that you keep your anti-virus program
up to date and install programs acquired only from reputable sources.
Some file-sharing applications also access your computer to provide a computational or storage resource
for another organization’s personal use. This may not be an acceptable use of state-owned resources such
as the UTPB network.
University Policy and Assistance
In summary, please remember that file-sharing programs are not necessarily harmless and in using them
you may inadvertently consume excessive network bandwidth, violate copyright law, inadvertently share
confidential information or make your computer unsecured. Disproportionate bandwidth usage and
copyright infringement are violations of the University’s rules for acceptable use of information
technology.
Students should be aware that university networks and computers connected to the university networks
are monitored by the Recording Industry Association of America (RIAA) and other copyright protection
agencies. If you install peer-to-peer file sharing software on your computer you “open” your computer to
monitoring by these agencies. If the university receives a notice from one of these agencies alleging a
copyright violation associated with your computer, your network connectivity will be limited to local
resources. This limitation will continue until you have discussed the situation with the UTPB Dean of
Students.
Legal Sources of Music & Video
For information related to legal sources of on-line music and videos visit
http://www.utexas.edu/its/secure/articles/keep_it_legal.php
Hazing
Hazing in state educational institutions is prohibited by both state law (Sections 51.936 & 37.151 et seq.,
Texas Education Code) and by the Regents' Rules and Regulations (Series 50101, Section 2). Individuals
or organizations engaging in hazing could be subject to fines and charged with criminal offenses.
Additionally, the law does not affect or in any way restrict the right of the University to enforce its own
rules against hazing.
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Individuals
A person commits an offense if the person:
1.
2.
3.
4.
engages in hazing;
solicits, encourages, directs, aids or attempts to aid another engaging in hazing;
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 has firsthand knowledge that a specific hazing incident has occurred,
and knowingly fails to report that knowledge in writing to the dean of students or other
appropriate official of the institution.
Organizations
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.
Definition
The term “hazing” is broadly defined by statute to mean 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
an organization. Hazing includes, but is not limited to:
a.
any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking,
placing of a harmful substance on the body, or similar activity;
b. any type of physical activity, such as sleep deprivation, exposure to the elements, confinement in
a small space, calisthenics, or other activity that subject the student to unreasonable risk of harm
or that adversely affects the mental or physical health or safety of the student;
c. any activity involving the consumption of a food, liquid, alcoholic beverage, liquor, drug or other
substance that subjects the student to an unreasonable risk of harm or that adversely affects the
mental or physical health or safety of the student;
d. any activity that intimidates or threatens the student with ostracism, that subjects the student to
extreme mental stress, shame or humiliation, that adversely affects the mental health or dignity of
the student or discourages 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 subdivision; and
e. any activity that induces, causes, or requires the student to perform a duty or task that involves a
violation of the Penal Code. The fact that a person consented to or acquiesced in a hazing activity
is not a defense to prosecution.
The University of Texas System Board of Regents’ Rules and Regulations, 50101, Section 2.8 provide
that:
1. Hazing with or without the consent of a student is prohibited by the System, and a violation of
that prohibition renders both the person inflicting the hazing and the person submitting to the
hazing subject to discipline.
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2. Initiations or activities by organizations may include no feature which is dangerous, harmful, or
degrading to the student and a violation of this prohibition renders both the organization and
participating individuals subject to discipline.
Activities which under certain conditions constitute acts that are dangerous, harmful, or degrading, in
violation of Rules include but are not limited to:
- calisthenics, such as sit-ups, push-ups, or any other form of physical exercise; total or partial nudity at any time
- the eating or ingestion of any unwanted substance;
- the wearing or carrying of any obscene or physically burdensome
article; paddle swats, including the trading of swats; pushing, shoving,
tackling, or any other physical contact; throwing oil, syrup, flour, or any
harmful substance on a person; rat court, kangaroo court, or other
individual interrogation;
- forced consumption of alcoholic beverages either by threats or peer pressure; lineups
intended to demean or intimidate;
- transportation and abandonment (road trips, kidnaps, walks, rides, drops); confining
individuals in an area that is uncomfortable or dangerous (hot box effect, high
temperature, too small);
- any type of personal servitude that is demeaning or of personal benefit to the individual members;
- wearing of embarrassing or uncomfortable clothing;
- assigning pranks such as stealing; painting objects; harassing other organizations;
- intentionally messing up the house or room for clean up; demeaning names;
yelling and screaming; and requiring boxing matches or fights for entertainment.
Immunity
In an effort to encourage reporting of hazing incidents, the law grants immunity from civil or criminal
liability to any person who reports a specific hazing event in good faith and without malice to the Dean of
Students or other appropriate official of the institution and immunizes that person for participation in any
judicial proceeding resulting from that report. Additionally, a doctor or other medical practitioner who
treats a student who may have been subjected to hazing may make a good faith report of the suspected
hazing activities to police or other law enforcement officials and is immune from civil or other liability
that might otherwise be imposed or incurred as a result of the report. The penalty for failure to report is a
fine of up to $1,000, up to 180 days in jail, or both. Penalties for other hazing offenses vary according to
the severity of the injury which results and include fines from $500 to $10,000 and/or confinement for up
to two years.
Intellectual Property
Rules for Intellectual Property as established by the Board of Regents, Rule 90101:
2. Rule and Regulation
Sec. 1
Purpose. To balance the interests of the many contributors to the substantial creation
of intellectual property at and by U. T. System, the Board of Regents promulgates
these rules on intellectual property with the purpose to (a) provide certainty in
research pursuits and technology-based relationships with third parties; (b) create an
optimal environment for research, development, and commercialization opportunities
with private industry; and (c) encourage the timely and efficient protection and
management of intellectual property.
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Sec. 2
Individuals Subject to this Policy. This intellectual property policy applies (a) to all
persons employed by the U. T. System or any of its institutions including, but not
limited to, full and part-time faculty and staff and visiting faculty members and
researchers, and (b) to anyone using the facilities or resources of the U. T. System or
any of its institutions, including, but not limited to, students enrolled at a U. T.
System institution whether undergraduate or master’s and doctoral degrees, and
postdoctoral and predoctoral fellows. All individuals subject to this policy must
assign their rights in intellectual property included under this policy (see Section 3
below) in accordance with the provisions of Rule 90102.
Sec. 3
Intellectual Property Included. Except as set forth in Sections 4 and 5 below and
Rule 90102 of the Regents’ Rules and Regulations, this policy applies to all types of
intellectual property, including, but not limited to, any invention, discovery, creation,
know-how, trade secret, technology, scientific or technological development, research
data, works of authorship, and computer software regardless of whether subject to
protection under patent, trademark, copyright, or other laws.
Sec. 4
Interest in Certain Copyrights. Notwithstanding Section 3 above, the Board of
Regents will not assert its interest in the copyright of scholarly or educational
materials, artworks, musical compositions, and literary works related to the author's
academic or professional field, regardless of the medium of expression. This applies
to works authored by students, professionals, faculty, and non-faculty researchers.
The Board of Regents encourages these creators to manage their copyrights in
accordance with the guidelines concerning management and marketing of copyrighted
works
( http://www.utsystem.edu/offices/general-counsel/intellectual-property) consistent
with applicable institutional policies.
Sec. 5
Copyright Interest in Certain Software. The Board of Regents asserts ownership in
software; however, copyrights in original software that is content covered by Section
4 above or that is integral to the presentation of such content shall be owned by the
creator in accordance with Section 4 above.
Sec. 6
Works for Hire and Institutional Projects. Notwithstanding the provisions of
Sections 4 and 5 above, the Board of Regents shall have sole ownership of all
intellectual property created by (a) an employee, student, or other individual
commissioned, required, or hired specifically to produce such intellectual property by
the U. T. System or any of its institutions and (b) an employee or student as part of an
institutional project. Except as may be provided otherwise in a written agreement
approved by the institution or U. T. System, the provisions of the Regents’ Rules
and Regulations, Rule 90102, Section 2.5 relating to division of royalties shall not
apply to intellectual property owned solely by the Board of Regents pursuant to this
Section.
Sec. 7
Role of Creator. Any person subject to this policy who creates intellectual property
(other than a work for hire under Section 6 above or on government or other
sponsored research projects where the grant agreements provide otherwise), may
give reasonable input on commercialization of inventions; provided however, that the
president(s) of the applicable institution(s), or his or her designee(s), in his or her
sole discretion, will make final decisions, including determinations under Section 5
above, whether and how to develop and commercialize an invention.
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Sec. 8
Use of Facilities and Resources. Neither the facilities nor the resources of the U. T.
System or any of its institutions may be used (a) to create, develop, or commercialize
intellectual property outside the course and scope of employment of the individual
(see Regents’ Rules and Regulations, Rule 90102, Section 1) or (b) to further develop
or commercialize intellectual properties that have been released to an inventor (see
Regents’ Rules and Regulations, Rule 90102, Sections 2.2 and 2.3) except as the
institution's president may approve where the U. T. System retains an interest under
the terms of the release.
Sec. 9
Use of Research Data. Research data or results created by an employee are owned by
the Board of Regents and, except to the extent that rights to such research data have
not been contractually assigned or licensed to another, the creator shall have a
nonexclusive license to use such data for nonprofit educational, research, and
scholarly purposes within the scope of the employee's employment, subject to
adherence to other provisions of this policy.
1. Nondiscrimination Policy
1.1 Policy Statement
The University of Texas of the Permian Basin is committed to providing an educational, living and
working environment that is welcoming, respectful and inclusive of all members of the university
community. An environment that is free of discrimination and harassment allows members of the
university community to excel in their academic and professional careers. To the extent provided
by applicable federal and state law, the University prohibits unlawful discrimination against a
person because of their race, color, religion, sex, national origin, age, disability, genetic
information, or veteran status. The University's commitment to equal opportunity extends its
nondiscrimination protections to include sexual orientation, gender expression and gender identity.
Retaliation against a person who files a claim of discrimination, participates in a discrimination
investigation or proceeding, or otherwise opposes an unlawful employment practice is prohibited.
1.2 Scope
This policy applies to visitors, applicants for admission to or employment with the University, and
students and employees of the university who allege discrimination by university employees,
students, visitors, or contractors. Complaints of full-time faculty who are notified that they will not
be reappointed, or that the subsequent academic year will be their terminal appointment, and who
contend that such decisions were made for unlawfully discriminatory reasons will be referred to
the Office of the Provost and the Vice President for Academic Affairs for handling pursuant to the
Rules and Regulations of the Board of Regents of The University of Texas System.
1.3 Definitions
1.31 Discrimination is defined as conduct directed at a specific individual or a group of
identifiable individuals that subjects the individual or group to treatment that adversely
affects their employment or education because of their race, color, religion, sex, national
origin, age, disability, genetic information, veteran status, sexual orientation, gender
expression or gender identity.
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1.32 Harassment as a form of discrimination is defined as verbal or physical conduct directed at a
specific individual or a group of identifiable individuals that subjects the individual or group
to treatment that adversely affects their employment or education because of their race,
color, religion, sex, national origin, age, disability, genetic information, veteran status,
sexual orientation, gender expression or gender identity when such conduct is sufficiently
severe, pervasive or persistent so as to have the purpose or effect of interfering with an
individual's or group's academic or work performance; or of creating a hostile academic or
work environment.
1.33. Verbal conduct is defined as oral, written, or symbolic expressions that:
1.331 Personally describe or is personally directed at a specific individual or group of
identifiable individuals; and
1.332 Is not necessary to an argument for or against the substance of any political,
religious, philosophical, ideological, or academic idea.
Constitutionally protected expression cannot be considered harassment under this
policy.
1.4 Reporting
A person who believes that he or she has been subjected to discrimination or harassment in
violation of this policy should report the incident to any university official, administrator or
supervisor. A faculty member is not an "official, administrator, or supervisor" for this purpose
unless that faculty member holds an administrative position. Students are encouraged to report
such incidents to the Office of the Dean of Students; employees and campus visitors are
encouraged to report to the Office of Human Resources. Incidents should be reported as soon as
possible after the time of their occurrence, in most cases this will be within thirty (30) calendar
days. No person is required to report discrimination or harassment to the alleged offender.
1.5 Reporting Responsibility
It is the responsibility of every supervisor, administrator and University official to promptly report
incidents of discrimination and harassment in violation of this policy that come to their attention.
Informal reports are to be made to Office of the Dean of Students or the Office of Human
Resources, as appropriate formal reports should be submitted via the Complaint Resolution Portal
on the University webpage.
1.6 Resolution Options
A person who believes that he or she has been subjected to discrimination or harassment in
violation of this policy and seeks to take action may use either the informal resolution process or
the formal complaint process, or both. The informal resolution and formal complaint process
described in this policy are not mutually exclusive and neither is required as a pre-condition for
choosing the other; however, they cannot both be used at the same time.
1.7 Informal Resolution
Informal resolution may be an appropriate choice when the conduct involved is not of a serious or
repetitive nature and disciplinary action is not required to remedy the situation. No formal
investigation is involved in the informal resolution process.
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A request for informal resolution should be reported as soon as possible after the time of their
occurrence, in most cases this will be within thirty (30) calendar days to either the Office of the
Dean of Students or the Office of Human Resources, who shall determine whether the nature of the
problem is such that it can be resolved by agreement on an informal basis, and if so, which office
will do so. Methods for informal resolution may include, but are not limited to: coaching the
person on how to directly address a situation which is causing a problem; mediating the dispute
with the parties; aiding in the modification of a situation in which the offensive conduct occurred;
assisting a department or division with the resolution of a real or perceived problem; or arranging a
documented meeting with the alleged offender that involves a discussion of the requirements of the
Nondiscrimination Policy.
The University shall document any informal resolution. Such documentation shall be retained by
the Dean of Students Office or the Office of Human Resources, as appropriate, and will be kept
confidential to the extent permitted by law. An informal resolution meeting shall not be considered
a precondition for the filing of a formal complaint.
1.8 Definitions
Complaint means a document alleging discrimination, including harassment under this policy.
Complainant means a person who submits a complaint alleging discrimination, including
harassment under this policy.
Respondent: Respondent means the person designated to respond to a complaint. Generally the
respondent would be the person alleged to be responsible for the prohibited discrimination or
harassment alleged in a complaint. The term "Respondent" may be used to designate persons with
direct responsibility for a particular action or those persons with administrative responsibility for
procedures and policies in those areas covered in a complaint.
Notification: Notification takes place two days after the date of posting of any properly addressed
document in the United States mail, or upon the date of receipt of any document sent via the
campus mail service. Written communications to a complainant are properly addressed when sent
to the address given in the complaint or the last address given since the filing of the complaint.
1.9 Complaint Procedure
1.91 Formal Complaint: A complaint alleging discrimination or harassment must be submitted via
the Complaint Resolution Portal on the University’s webpage. It is recommended that the
complainant provide the following information:
1.911
Name and UT Identification Number of the Complainant(s);
1.912
Contact information, including address, telephone, e-mail;
1.913
Name of person(s) directly responsible for alleged violation(s);
1.914
Date(s) and place(s) of alleged violation(s);
1.915
Nature of alleged violation(s) as defined in this policy;
1.916
Detailed description of the specific conduct that is the basis of alleged
violation(s);
1.917
Copies of documents pertaining to the alleged violation(s);
1.918
Names of any witnesses to alleged violation(s);
1.919
Action requested to resolve the situation; and
1.920
Any other relevant information.
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The following communications do not constitute a complaint and will not be
investigated or resolved pursuant to the complaint resolution process:
Courtesy copies of correspondence or a complaint filed with others
Inquiries that seek advice or information only
Pre-complaint consultations and informal resolution activities.
1.92 Time Limit: A written complaint should be filed as soon as possible from the date of the
occurrence of the alleged violation, in most cases this will be within thirty (30) calendar days.
Failure to file a complaint in a timely manner may limit the University’s ability to thoroughly
investigate the allegations.
1.93 Acknowledgement: Within five (5) working days after receipt of a written complaint, Human
Resources or the Office of the Dean of Students, as appropriate, will send the complainant a
brief acknowledgment of the complaint, stating that the complaint will be evaluated, and
advising the complainant(s) that he or she will be contacted within a given time. The
acknowledgment letter will include a copy of these complaint procedures.
1.94 Complaint Evaluation: A formal investigation will be initiated if a complaint is complete and
within the scope of this policy and articulates sufficient specific facts, which, if determined to
be true, would support a finding that this policy was violated. The University may not
proceed with a complaint investigation under a variety of circumstances, for instance:
1.941 a complaint fails to describe in sufficient detail the conduct that is the basis of the
complaint; the conduct described in the complaint is not covered by this policy;
1.942 the complainant declines to cooperate in The University's investigation;
1.943 the complaint has been withdrawn; or
1.944 an appropriate resolution or remedy has already been achieved, or has been offered and
rejected.
If it is determined that the University will not proceed with a complaint investigation, the
Office of Human Resources or the Office of the Dean of Students, as appropriate, will send a
notification letter explaining the reason(s) to the complainant, with a copy to the alleged
offender. The notification letter will also include a statement informing the complainant that,
within ten (10) working days of the notification, he or she may appeal the determination not
to proceed with a complaint investigation to the Vice President for Business Affairs or the
Senior Associate Vice President for Student Services, as appropriate. The request for appeal
must be a signed, written document articulating why the decision to dismiss the complaint
was in error. The appropriate vice president will respond within twenty (20) working days of
receipt of the appeal. If the decision to dismiss is upheld, that decision is final. If the
decision to dismiss is overturned, the complaint is sent back to the Office of Human
Resources or the Office of the Dean of Students, as appropriate, for investigation in
accordance with the procedures outlined below.
1.95 Notification of Respondent: If it is determined that the University will proceed with a
complaint investigation, the Office of Human Resources or the Office of the Dean of
Students will give the respondent written notification of the complaint investigation. The
notification letter will include a copy of the written complaint. The notification letter will
provide the respondent an opportunity to submit a written response to the allegations within
ten (10) working days, unless unusual circumstances warrant additional time. The
notification letter will include a statement advising the respondent that retaliation against
the complainant is prohibited and will subject the respondent to appropriate disciplinary
action.
1.96 Investigation Responsibility: The Office of the Dean of Students is responsible for
conducting formal investigations of complaints against students alleging discrimination and
harassment in violation of this policy. The Office of Human Resources is responsible for
conducting formal investigations of complaints against non- students alleging
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1.97
discrimination and harassment in violation of this policy. If a complaint is directed against
an individual who would otherwise play a role in investigating and attempting to resolve
the complaint, the function assigned to that person by these procedures will be delegated to
another person.
Investigative Process and Findings: The investigator will interview both the complainant
and the respondent(s) and persons who are considered to have pertinent factual information
related to the complaint. The investigator shall also gather and examine documents relevant
to the complaint. Facts will be considered on the basis of what is reasonable to persons of
ordinary sensitivity and not on the particular sensitivity or reaction of an individual.
Findings will be based on the totality of circumstances surrounding the conduct complained
of, including but not limited to: the context of that conduct, its severity, frequency, whether
it was physically threatening, humiliating, or was simply offensive in nature.
1.98
Representation: During the complaint process, the complainant(s) and the respondent(s)
may designate and thereafter be accompanied by an advisor of his or her choosing at
meetings and interviews at which he or she is present; however, no representative may
examine witnesses or otherwise actively participate in a meeting or interview.
1.99
Submission of Evidence: During the complaint investigation process, the complainant(s)
and the respondent(s) will provide the Office of Human Resources or the Office of the
Dean of Students, as appropriate, with all documents relied upon regarding the issues raised
in the complaint.
1.100 Report of Findings and Recommendation - Complaints Against Non-Students:
1.1001 The investigator will provide a proposed statement of findings, copies of relevant
documents and any physical evidence considered to the appropriate vice president
within thirty (30) working days of receipt of the respondent's statement, unless
unusual circumstances require more time. The appropriate vice president to act on
complaints against faculty and staff will be the vice president over the area where
the respondent is employed. The appropriate vice president to act on complaints
against contractors and visitors will be the Vice President for Business Affairs. If a
complaint is directed against a vice president who would otherwise act on a
complaint, the function assigned to that vice president will be delegated to another
person.
1.1002 The appropriate vice president will promptly notify the complainant and the
respondent that the investigation has been completed and attach a copy of the
proposed statement of findings. Student identifiable information, if any, which is
confidential by law, will be redacted. Within ten (10) working days from the date of
notification, the complainant and respondent may each submit, for consideration by
the appropriate vice president, such comments and corrections as they may have.
1.1003 Within fifteen (15) working days of the notification to the complainant and the
respondent that the investigation has been completed, the appropriate vice president
and the investigator shall meet to discuss the findings, and review the record, along
with any comments and proposed corrections submitted by the complainant and
respondent.
1.1004 Within fifteen (15) working days from that meeting, the vice president shall take
one of the following actions: a) request further investigation into the complaint; b)
dismiss the complaint if the results of the completed investigation are inconclusive
or there is insufficient reasonable, credible evidence to support the allegation(s); or
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c)find that this policy was violated.
1.1005 If the vice president determines that this policy was violated, he or she, following
consultation with the investigator or other knowledgeable persons as appropriate,
shall determine a disciplinary action that is appropriate for the severity of the
conduct. Disciplinary actions can include, but are not limited to, written reprimands,
the imposition of conditions, reassignment, suspension without pay, and
termination.
1.1006 The vice president shall inform the complainant and accused individual, and the
appropriate unit head in writing of his or her decision, and shall attach a copy of the
final statement of findings. Copies of the vice president's letter, the attached
statement of findings, and relevant documents shall also be sent to the Office of the
Dean of Students or the Office of Human Resources, Institutional Equity/EEO as
appropriate.
1.101 Report of Findings and Recommendation - Complaints Against Students:
1.1011 The Dean of Students (investigator) will provide a proposed statement of findings,
copies of relevant documents and any physical evidence considered to the Senior
Associate Vice President for Student Services within thirty (30) working days of
receipt of the respondent's statement, unless unusual circumstances require more
time. The Senior Associate Vice President for Student Services and the investigator
shall meet within fifteen (15) working days to discuss the findings, and review the
record.
1.1012 Within fifteen (15) working days from that meeting, the Senior Associate Vice
President for Student Services shall take one of the following actions: a) request
further investigation into the complaint; b) dismiss the complaint if the results of the
completed investigation are inconclusive or there is insufficient reasonable, credible
evidence to support the allegation(s); or c)find that this policy was violated.
1.1013 If the Senior Associate Vice President for Student Services determines that this
policy was violated, he or she, following consultation with the investigator or other
knowledgeable persons as appropriate, shall determine whether to initiate a
disciplinary action appropriate to the severity of the conduct pursuant to Part V,
Section I Conduct and Discipline of the UTPB Handbook of Operating Procedures.
(http://www.utpb.edu/docs/default-source/utpb-docs/pdf/hop/part_v.pdf?sfvrsn=2
Disciplinary actions can include, but are not limited to, a documented warning, the
imposition of conditions, probation, suspension, and dismissal.
1.1014 As required by federal law, any disclosure of the findings and decision of the Office
of the Dean of Students will be governed by the provisions of the Family
Educational Rights and Privacy Act.
1.10 Grievance of a Disciplinary Action:
1.101 Any employee disciplined pursuant to this policy, except faculty, graduate research
assistants, graduate teaching assistants, or members of the University of Texas of the
Permian Basin Police Department (each of whom are subject to separate grievance
procedures), may grieve that action by submitting a written grievance, within ten (10)
working days of the imposition of the disciplinary action, to the president's office.
Ordinarily, the president will assign responsibility for review and action on the appeal of
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the vice president's action to another vice president; however, when required by unusual
circumstances, the president may review and handle a grievance pursuant to this policy.
1.102 If the disciplinary action that is being grieved does not involve termination, demotion, or
suspension without pay, the vice president shall thoroughly review and finally decide the
matter within thirty (30) calendar days of its receipt unless unusual circumstances require
more time.
1.103 If the disciplinary action that is being grieved involves the termination, demotion or
suspension without pay of a faculty member with the rank of Regental Professor, Professor,
Associate Professor, Assistant Professor, or Instructor, the vice president who is assigned to
review the grievance shall follow the procedures for appealing such actions contained in the
UTPB Handbook of Operating Procedures, Section I, Part 11.(
http://www.utpb.edu/docs/default-source/utpb-docs/pdf/hop/hopp1.pdf?sfvrsn=2)
Complainants will be required to appear and testify at hearings that may be a part of such
proceedings.
1.104 Any student disciplined under this policy has the right to appeal as provided in Part V,
Section I of the UTPB Handbook of Operating Procedures.
(http://www.utpb.edu/docs/default-source/utpb-docs/pdf/hop/part_v.pdf?sfvrsn=2)
1.105 The student must give written notice of appeal to the President within fourteen (14)
calendar days after all parties are notified of the decision.
1.11 Retaliation Prohibited:
A student, faculty, or staff member who retaliates in any way against an individual who has
brought a complaint pursuant to this policy or participated in good faith in an investigation of
such a complaint, is subject to disciplinary action, up to and including dismissal from the
University.
1.12 Filing of False Complaints:
Any person who knowingly and intentionally files a false complaint under this policy is subject to
disciplinary action up to and including dismissal from the University.
1.13 Effect on Pending Personnel Actions:
The filing of a nondiscrimination or retaliation complaint will not stop or delay any evaluation or
disciplinary action related to the complainant who is not performing up to acceptable standards or
who has violated University rules or policies.
1.14 Relationship of Complaint Process to Outside Agency Time Limits:
The filing of a discrimination or harassment complaint under this policy does not excuse the
complainant from meeting the time limits of outside agencies.
1.15 Relationship to Grievance Procedure:
This complaint procedure shall also constitute the grievance procedure for complaints alleging
unlawful discrimination. As used herein, "complaint" is synonymous with "grievance."
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1.16 Time Frame:
Time frames mentioned in these procedures may be extended for good cause, such as holidays or
when classes are not in session, or when it is necessary to complete an investigation due to
difficulties reaching witnesses or parties to the complaint.
1.17 Documentation and Confidentiality:
The University shall maintain documents related to complaints under this policy as required by
law. The Office of the Dean of Students shall be primarily responsible for records related to
complaints against students. The Office of Human Resources shall be primarily responsible for
records related to complaints against non-students. The confidentiality of a complaint under this
policy and all documents, correspondence, interviews and discussions relating to the investigation
of the information contained in a complaint will be maintained on a need to know basis to the
extent permitted by law. Any person who knowingly and intentionally makes an unauthorized
disclosure of confidential information contained in a complaint or otherwise relating to the
investigation of a complaint under this policy is subject to disciplinary action.
For Assistance: Questions regarding this policy should be directed to the Office of the Dean of
Students or Human Resources.
Sources: Titles VI and VII of the Civil Rights Act of 1964, as amended; Age Discrimination in
Employment Act of 1967, as amended; Age Discrimination Act of 1975; Americans with
Disabilities Act of 1990; Equal Pay Act of 1963; Uniformed Services Employment and
Reemployment Rights Act; Genetic Information Nondiscrimination Act of 2008; Executive Order
of 11246; Sections 503 and 504 of the Rehabilitation Act of 1973; Title IX of the Education
Amendments of 1972; Texas Labor Code, Chapter 21; UT System Board of Regents Rule 10701,
31002, 31007; UT System Policy UTS105.
Policy History
•
Issued: November 2015
Smoke-Free Policy
All facilities of The University of Texas System or any of its institutions are declared to be smoke free;
however, appropriate individual medical exceptions, particularly in clinical treatment situations, will be
considered.
Tobacco sales are prohibited on U. T. System campuses or at University-sponsored events.
(Regents’ Rules and Regulations, Series 8011)
Student Publications Policy
I.
Purpose of Current Publications
92
II.
III.
A.
The purpose of the student newspaper, The Mesa Journal, is to publish news and
comments of interest and importance to the University community with emphasis on the
news that most directly and immediately concerns students.
B.
The purpose of the student literary publication, The Sandstorm, is to provide an outlet
for creative writing (short stories, poems, articles, art, photography essays, humor).
Approval for New Publications
A.
The petitioner must file, with the Student Senate, a prospectus of the new
publication.
B.
Subject to approval by the Student Senate, the petitioner must submit a budget
request to the Student Fees Advisory Committee should Student Service Fees
funding be desired.
C.
New publications approved by the Student Senate will be reviewed by the Vice
President for Student Services and be forwarded to the President of the
University. The President has final approval authority.
Protection of Editorial Expression
The student press shall be free of censorship and its editors and writers shall be free to develop their own
editorial policies and news coverage subject to the purpose of the publication listed in section I.
GLOSSARY OF TERMS
Academic Advisor: A faculty or trained staff person who assists in planning a student’s academic
program of study.
Academic Probation: Based on grade point average and automatically assigned by the Registrar’s Office
if cumulative GPA falls below 2.0
Administrative Hold: A “hold” placed on your record that does not allow you to register or receive your
grades or transcript.
Alumni: A graduate of UTPB.
ATM: Automated Teller Machine – Located on the first floor lobby of the Mesa Building.
B.A.: Bachelor of Arts
Bachelor’s Degree: Degree earned after completion of required credit hours within a particular field of
study in addition to general requirement courses.
Bookstore: The University Bookstore, located off the courtyard of the Mesa Building, sells textbooks,
greeting cards, a variety of books and magazines, and UTPB memorabilia and clothing. B.S.: Bachelor of
Science.
Classification: Specific designation for degree-seeking lower and upper division students, including:
Freshman = student who has earned less than 30 credit hours; Sophomore = student who has earned
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between 30 and 59 hours; Junior = student who has earned between 60 and 89 hours; Senior = student who
has earned over 90 credit hours before graduation; Graduate = student who has earned a graduate degree
and is enrolled in graduate level courses.
Commencement: Graduation Ceremony generally held the Saturday immediately after final exams.
Commuter Student: Student who does not live on campus.
Course Number: The number which identifies what course you are taking.
Dean’s List: An academic honor automatically bestowed upon students each semester they receive a
grade point average of 3.5 and are attending UTPB full time.
Disciplinary Probation: Disciplinary probation is the greater form of probation indicating that the student
has engaged in unacceptable behavior and may be required to report to the dean on a regular basis during
the probationary period. Further violations will result in consideration of suspension or expulsion. The
dean or hearing officer may impose conditions related to the offense, such as counseling, educational
seminars, or unpaid work assignments. Failure to meet the condition(s) shall be considered an additional
violation.
Double Major: Concurrently fulfilling the requirements of two approved majors.
Drop / Add: To decrease or increase the number of courses for which you have registered. You must
complete the appropriate forms. Check the class schedule for deadlines.
Elective: Depending on your degree plan, elective courses may count towards the total number of hours
required. Contact your advisor for specific details.
Expulsion: Permanent termination from the University of a student’s privilege to attend the University.
FAFSA: Free Application for Federal Student Aid. (See Financial Aid for more information.)
Falcon: The official mascot of UTPB.
FB: Founders’ Building
Financial Aid: Any loan, part-time employment, grant or scholarship offered to help a student meet the
cost of attaining an education and related expenses.
Financial Aid Award: The amount of aid that is being offered to you for the academic year.
Full-time Student: A full-time student is enrolled for 12 or more credit hours per semester at the
undergraduate level and 9 hours at the graduate level. For Financial Aid purposes, anyone who takes 12 or
more credits (undergraduate) or 9 credit hours (graduate) is considered a full-time student.
GAB :Gymnasium Annex Buildings
General Catalog: Appropriate Catalog
Students may obtain a degree according to the course requirements of the catalog in effect at the time of
admission to the University (so long as the courses required for the degree are still offered by the
University) or of the course requirements of a later catalog in effect during the period of enrollment. This
option shall be available for a six year period dating from the time of the initial admission of the student
to the University. If a student drops out for two or more semesters and returns to U. T. Permian Basin as
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a former student, he or she must choose to use the catalog in effect at the time of re-entrance, thereby
beginning a new six year time limit. This regulation applies to degree requirements, but not to operating
regulations, procedures, and fees.
A student who transfers to U. T. Permian Basin from a Texas public community college may select to
graduate according to the degree requirements of the catalog in effect at the time of admission to the
community college or of a catalog in effect during the period of enrollment at the community college or
the catalog in effect when the students entered U. T. Permian Basin. If the student drops out of the
community college for two or more long semesters, the catalog requirements in effect at the time of
readmission to the community college would be the earliest catalog the student could select to follow.
Whichever catalog a student ultimately chooses applies in its entirety to all degree requirements,
including those applying to the major, minor, and general education requirements, and total hour
and upper level requirements.
Grade Point Average: An unweighted four-point grading system, used to measure academic
performance.
Graduate Assistants (G.A.): Graduate students that are hired to teach courses, research, or to assist in the
teaching of courses. Graduate Assistants may also have other duties and responsibilities, depending on
departmental need.
Graduate Record Exam: (GRE) a standardized test used to measure students’ academic success at the
graduate level.
Grievance Procedures: Procedures by which questions, complaints, or statements of grievance are
addressed. Please consult the “Student Grievance / Appeal Procedure” section of this book.
Harassment: Annoying conduct which creates an intimidating, hostile, offensive working or educational
environment.
Hazing: Any action or situation that recklessly or intentionally endangers the mental or physical health or
safety of a student for the purpose of initiation or admission into an organization. Hazing is illegal in the
State of Texas.
Honors Convocation: A ceremony honoring the outstanding achievement of students, faculty, and staff
at UTPB.
Independent Study: A course where attendance is not taken all the time. If a student wishes to take an
independent study course, he/she is required to take tests, attend periodic classes, complete term papers,
etc.
Internship: An opportunity to gain hand-on experience working in your field of study. Generally for one
semester. Internships can be volunteer or paid positions. Contact Career Services at 552-2633 for more
information.
Intramural Sports: Programs designed to allow everyone to participate in a variety of athletic events,
from highly structured competitive leagues for team sport to unstructured activities.
Job Listings: Career Services maintains a list of full-time and part-time employment, both on and off
campus. Contact them at 552-2633 for more information.
LL: Library Lecture Hall
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Loans, Student: A sum of money that is borrowed for educational attainment. These debts must be paid
back.
Local / Permanent Address: Local address is your address while you attend UTPB. Permanent address is
the address where you can always receive mail (like your parents’ house). Sometimes the local and
permanent address is the same.
Major: A student’s primary course of study.
MB: Mesa Building
Master’s Degree: (M.A., M.S., M.S.W., etc.): Degree earned after a Bachelor’s Degree.
The Mesa Journal: UTPB’s student newspaper. Published every other Thursday during the fall and
spring semesters. During the summer it is published once a month.
MC: Class is held at Midland College
Minor: A secondary course of study that enables students to develop expertise in an additional approved
area of study.
MUSH: Music Building
Non-Degree-Seeking Students: Students who wish to be enrolled in university level courses but do not
plan to earn a degree.
OL: Orientation Leader.
Parking: University Parking Permit. This must hang from the rearview mirror of your car at all times
while on UTPB property. Contact the UTPB Police Department for more information.
Plagiarism: To take ideas or writings from someone else and present them as your own. For details,
please refer to the “Student Conduct and Discipline” section in this book.
Prerequisite: Courses that are needed before you take a specific course.
Provisional: Temporary; conditional.
R: Thursday, as listed in the Schedule of Classes.
Reading Specialist: A trained staff member in place to enhance reading comprehension and reading skills
for UTPB students.
Registration: The process of enrolling in classes at the University.
Residence Assistant (R.A.): A student who has been appointed to live in the residence halls with other
resident students. A Residence Life Assistant helps students with any problems they may have and also
informs the students of the rules and regulations in the residence halls.
Restrictions: Specific conditions imposed on students which would restrict future presence on campus
and participation in university-related events.
The Sandstorm: The Sandstorm, an annual magazine publication, is a collection of poems, short stories,
and essays submitted by students and selected by a panel for publication.
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SAR: Student Aid Report (for financial aid).
Course Schedule: List of classes offered each semester; contains important deadline information and is
published each semester.
Stonehenge: A 70% scale reconstruction of the original monument, this work of art is intended to be both
artistic and educational.
University Identification Number: (UID) Number on your Student I.D. card.
Falcon Center: Located on the second floor of the Mesa Building, the Falcon Center is a primary venue
for student activities and programming.
Syllabus: Typed summary of course requirements and assignments handed out in class at the beginning of
each semester.
THEA: Texas Higher Education Assessment.
Teaching Assistants: (T.A.) Students hired to assist a professor.
UTPB Testing Center: The PASS (Programs Assisting Student Study) Office, located in the Courtyard,
provides a variety of services for students in several areas. The PASS Office provides academic support in
the form of academic counseling, study skills, the SUCCESS Program, and the SI program and the tutoring
program.
VA: Visual Arts Building
Withdrawal: The process of dropping one or all courses registered for in a specific semester.
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CAMPUS MAP
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