Academic and Disciplinary Due Process for Graduate Students

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As chief executive officer of the Texas A&M Health Science Center School of Graduate Studies (SGS), the Dean of the SGS is the official responsible for oversight of all matters relating to academic and disciplinary due process for students enrolled in the SGS. The Dean of the SGS delegates this authority to the associate dean for graduate studies, or equivalent, associated with each of the specific graduate programs and/or program locations. Each graduate program has a graduate program committee, or equivalent, that is chaired by and provides recommendations to the associate dean for graduate studies. The Graduate Program Council (GPC), a committee within the Office of Graduate Studies, is comprised of the Executive Associate Dean, the associate deans for graduate studies, and representatives of the graduate faculty from each program location and is advisory to the Dean of the SGS.

I. ACADEMIC MATTERS

A. Overview of Academic Due Process

Every student enrolled in the SGS is required to maintain minimum levels of academic accomplishment, comprised of cognitive and non-cognitive performance, in order to retain his/her right to attend. Failure to maintain a prescribed scholastic rating is a justifiable cause for dismissal. Faculty are permitted some discretion in assessing student performance and level of scholarship as long as the assessment is not arbitrary or capricious.

Procedures to ensure student rights to due process relating to academic standing shall involve three basic components: (1) the student must be informed in writing of inadequacies in performance and the effect of these deficiencies on academic standing; (2) the student will have an opportunity to explain the reasons for his or her poor scholarship and provide any information that might lead the faculty to conclude that his or her performance in the future would improve and be considered satisfactory; and (3) the response and decision of the SGS must be careful and deliberate throughout the entire process.

The academic review process in the SGS embodies faculty evaluation of cognitive and non-cognitive performance at the course level for assignment of grades. The SGS, through its academic and disciplinary due process procedures, reviews academic progress as necessary throughout the student's education and determines the appropriate action based on the evidence provided. This review process provides several levels of review, adequate time between decisions for the incorporation of new information, and careful and deliberate decision making by faculty members.

B. Academic and Disciplinary Due Process Graduate Studies Committees

Each graduate program location within the SGS shall have a due process committee, typically the graduate program committee which addresses student-related academic and disciplinary matters. The due process committee shall report to the GPC and the Dean of the SGS through the associate dean for graduate studies.

C. Basic Academic Information

1. Grading System

Grading systems, standards, academic promotion and advancement are recommended by the faculty of the program and/or program location in which the student is enrolled through the GPC and approved by the Dean of the SGS.

The evaluation of a student in any course is determined by the program faculty as stated in the course syllabus by means of examinations, attendance, personal observations, evaluations and/or professional judgment. The right and responsibility to evaluate student cognitive and non-cognitive abilities rests with the faculty.

Students in the SGS are graded on a 4-point scale, with the distribution of points as follows:

2. Promotion Policy

Satisfactory academic progress of students is established by the SGS guidelines and policies. Each graduate program committee reviews the status of each graduate student and makes decisions in conformity with these policies. Any exceptions to these policies may require recommendation by the graduate program committee and GPC, with approval of the Dean of the SGS.

3. Promotion Standards

Graduate students are considered to have made satisfactory academic progress if they have successfully completed all courses, exhibited satisfactory professional conduct and performance, and have earned an overall cumulative GPA of 3.0.

Passing grades for graduate students are a "B" and above and students are required to maintain a cumulative GPA of 3.0 (B) or better. Failure to maintain a "B" average, or receipt of a "D" or "F" in any course, may result in a student being placed on academic probation.

The grade of "I" (incomplete) is a temporary grade given when, for reasons beyond the control of the student, all course requirements are not met within the prescribed time. The "I" grade is not calculated in the GPA and may only be given in such circumstances where the completed portion of work in the course is of passing quality, but the student has not finished the entire required course load. The "I" grade must be removed within one year unless the student is on a long term leave of absence. Students with "I" grades issued due to a long term leave of absence may have the deadline for removal of the "I" grade extended until their return from the long term leave of absence, upon the recommendation of the associate dean for graduate studies and approval by the Dean of the SGS.. Any of the permanent grades (A, B, C, D, or F) may be earned and will replace the "I" grade. The grade of "I" will automatically become a grade of "F," if not removed within one year [with the exception listed above].

Seminar courses will be graded on "Satisfactory" or "Unsatisfactory" basis. For Research hours, a grade of "Satisfactory" or "Unsatisfactory" will be awarded. Special Topics courses may be letter graded (A-F) or Satisfactory/Unsatisfactory, as specified by the course director and with the approval of the associate dean for graduate studies.

Any full-time student who fails to maintain a "B" (3.0) cumulative overall GPA during any term of the graduate course of study will be placed on academic probation during the next semester according the policies and procedures of the SGS. During the academic deficiency period, students must restore the overall GPA to a 3.0 ("B"). Failure to do so will cause the student to be subject to dismissal from the graduate program. Students dismissed under conditions listed above may remain enrolled until they have exhausted all appeals described in the SGS policies.

4. Other Conditions for Dismissal

a. Any student on academic deficiency may be considered by the graduate program committee for dismissal.

b. A student who fails a required course two (2) times will be dismissed.

c. A student who fails any course based on ethics violations or professionalism issues will be disciplined according to the SGS policies and procedures.

5. Process for Dismissal and Appeals

Students dismissed and affirmed by the SGS under the provisions as listed, will be informed in writing by the Dean of the SGS. Students dismissed may appeal to the graduate committee at their location, which can uphold the dismissal, require remedial action of the student, reinstate the student as a regular student or as a student on academic deficiency. This appeal must be filed with the associate dean for graduate studies within five (5) business days after notification of dismissal. Failure to submit an appeal within the time specified will render the original decision final and conclusive.

If an appeal is filed, the associate dean for graduate studies will schedule a hearing of the appeal based on the policies and procedures of the SGS. If the graduate program committee upholds the academic or disciplinary action, the student may appeal to the Dean of the SGS based on the policies and procedures of the SGS. This appeal must be filed in the HSC Office of Graduate Studies (OGS) within five (5) business days after notification of the graduate program committee's decision and must include the grounds on which the appeal is based. Failure to submit an appeal to the HSC OGS within the time frame specified will render the graduate program committee's decision final and conclusive.

Grounds for appeal will be limited to procedural errors or in those situations where new evidence is discovered that was not available at the time the initial decision was rendered. The Dean of the SGS will make a decision concerning the appeal and inform the student in writing within ten (10) business days of the receipt of the appeal. The decision made by the Dean in academic matters is final.

After being notified of the final decision, if the student feels that the School of Graduate Studies did not properly follow its established procedures, an additional written appeal may be forwarded to the President of the HSC within ten (10) business days. Appeals made to the President will only be considered based on the procedural issues. This step exhausts the student's appeal options and the decision made by the President is final.

6. Exhausting Appeals

Students dismissed under conditions listed in section I.C.3 or I.C.4 may remain enrolled within the SGS until they have exhausted all appeals described above in I.C.5. Students dismissed from the SGS will not be considered for readmission.

D. Student Academic Grievance Policy

The following policy relative to academic grievances shall be applicable to all graduate students enrolled in the SGS:

1. Grounds for Grievances

A student may file an academic grievance only if he or she believes one of the following grounds apply:

a. a course grade was not in accordance with published course grading policy; or

b. a course grade was arbitrary or capricious.

2. Academic Grievance Procedures

The associate dean for graduate studies must receive written notification of the grievance within ten (10) business days of posting of the grade that prompts the grievance. Any student who believes he or she has a grievance based upon any of the aforementioned grounds should first attempt to resolve it with the course director involved. If the problem is not resolved at this level, the student should request a meeting with the department chair or the chair's designee. If there is no resolution, the student may request a hearing with the associate dean for graduate studies citing one or both of the grounds listed above in D.1. The associate dean for graduate studies will determine the final disposition of the grievance. The time frame specified in this section may be extended only for good cause, determined at the discretion of the associate dean for graduate studies.

3. Process for Appeal

The student has the right to appeal, in writing, any adverse decision by the associate dean for graduate studies. This written appeal must be filed in the HSC OGS within five (5) business days after notification of the decision and must include the grounds on which the appeal is based. The Dean of the SGS will make a decision concerning the appeal and inform the student of that decision within ten (10) business days. Should the Dean of the SGS choose to reject or modify the decision in question, he will clarify his position to the appropriate parties. The decision made by the Dean of the SGS is final.

After being notified of the final decision, if the student feels that the School of Graduate Studies did not properly follow its established procedures, an additional written appeal may be forwarded to the President of the HSC within ten (10) business days. Appeals made to the President will only be considered based on the procedural issues. This step exhausts the student's appeal options and the decision made by the President is final.

II. DISCIPLINARY (NON-ACADEMIC) MATTERS

The students of the SGS will be held to the highest standards of personal and professional honor and integrity both on and off campus. Personal and professional integrity and honor are not just concepts; they are the cornerstone of our profession. It is with this understanding that students are entrusted with the duty of holding each other accountable for their behavior, and when inappropriate behavior is witnessed, to refer the matter to the associate dean for graduate studies. The purpose of this document is to clarify unacceptable behaviors, and explain the processing and disposition of any allegations.

A. Overview/Code of Ethics

Professional conduct and ethical behavior are essential to maintain the dignity and credibility of the scientific profession. An important responsibility for the protection of the profession rests in the SGS. Therefore, the SGS abides by the following Code of Ethics to be embraced by the student body:

• Behave honorably and with integrity at all times.
• Neither permit nor accept that which is not just.
• Refrain from lying, cheating, stealing or intentionally misleading or deceiving anyone as to the known facts.
• Refrain from other forms of unethical or unprofessional conduct.

Examples of unethical conduct are:

• Lying/Falsification
• Cheating 
• Collusion

B. Conduct Standards for Students

Conduct subject to disciplinary action includes but is not limited to the following:

A student will not:

1. furnish false or misleading information during the admissions process.

2. deliberately make an untrue written or oral statement or deliberately create a false impression through words or actions.

3. give, receive or obtain information pertaining to an examination either prior to, during or after the examination period for the purpose of either personally gaining an advantage or offering an advantage to another student.

4. offer for credit as his/her own effort, work prepared by another person or obtained from written or online resources. This includes written material (themes, essays, term papers, tests) and clinical or laboratory procedures. Work prepared by the student but submitted for credit previously in another class may not be re-utilized in a subsequent course unless authorized by the instructor prior to submission. When direct quotations are used, they must be indicated as such, and when the ideas of another are incorporated into any work to be submitted for academic credit, those ideas must be appropriately acknowledged.

5. steal, procure in any unauthorized manner, damage, deface or destroy the property of the HSC or of another person.

6. acquire, give or hold information or materials unauthorized by the instructor.

7. possess any materials, or use any procedures or practices not authorized by the instructor, course director, or department on any examination, essay, report, assignment, laboratory project, or clinical activity to be submitted or being performed for credit.

8. falsify by altering or changing in any way or form a grade, evaluation, patient record or any other HSC record.

9. present for credit any work that includes information (e.g., dates, patient records, etc.) that the student knows to be false.

10. violate any policies of the HSC, SGS, or college/component in which the graduate program is administered.

11. fail to safeguard confidentiality of patient records.

12. use, possess, or sell any illegal drugs on HSC property.

13. be intoxicated on HSC property. (In incidents involving substance abuse, procedures and penalties are guided by Texas A&M System Policies and HSC rules.)

14. use pressure, threat, abuse, or other similar practices against any person involved to inhibit or prevent the reporting, investigation, or hearing of a violation of this Conduct Standard.

15. withhold evidence pertinent to any case under investigation or being heard, or give false evidence during an investigation or hearing.

16. act in a manner that significantly interferes with teaching, research, administrative or other responsibilities.

17. aid another person in committing any of the other acts mentioned in this section.

18. take any action which is dishonest, unethical, or in violation of HSC policies or procedures.

19. engage in physical activity (assault) harmful to another.

20. engage in technological cheating such as use of mobile devices to pass unauthorized information.

21. engage in hacking, unauthorized access or use of passwords, email pirating or any action to disable or bypass HSC computer security.

C. Guidelines for Reporting Incidents

In order to insure the integrity of the academic environment, the following guidelines must be followed:

1. Any student, faculty, administrator or staff member who is suspicious of cheating or any other irregular conduct by any student, has the responsibility of warning the student(s) involved and also taking appropriate measures to address the possibility of future incidents. These incidents should be documented with the associate dean for graduate studies.

2. Students, faculty, administration, and staff members must initiate written disciplinary complaints when they observe or come into possession of evidence of incidents involving acts of scholastic dishonesty or conduct violating policies of the HSC. These complaints should include the name(s) of the student(s) involved, and a description of evidence. They should be filed with the associate dean for graduate studies. The complainant(s) will be informed of the resolution of the reported incident.

D. Procedures for Handling Written Complaints

Any violation of this Conduct Standard will be reported in writing to the associate dean for graduate studies by the complainant(s) within ten (10) business days of the violation becoming known to the complainant(s). If the violation becomes known to the complainant while the complainant is at an off campus site, the ten (10) business day period shall begin at the time the complainant returns to campus. The associate dean for graduate studies will investigate the complaint and determine if the complaint is founded.

If it appears that a student has breached HSC rules or procedures in such a way that there is a reasonable concern that injury or harm may come to patients, faculty, staff, students or the facility, interim disciplinary action may be taken in the best interest of the individuals involved and the HSC. Such action taken by the associate dean for graduate studies may result in written notification up to and including immediate suspension of the student from the SGS pending final disposition of the case.

If, after full investigation, the complaint turns out to be founded and the infraction warrants removal from participation in any part of the curriculum, suspension, dismissal from the SGS, bar from readmission, denial of degree, revocation or surrender of a degree, the associate dean for graduate studies may refer the case to the graduate program committee responsible for academic and disciplinary due process for consideration. If the student does not contest the facts of the incident the violator(s) must sign a written admission that the violation took place and that the facts reported are accurate. This admission will be recorded by the associate dean for graduate studies as a disciplinary infraction and will impose the disciplinary action. In cases where the penalty is imposed by the associate dean for graduate studies, the student has the right of appeal to the Dean of the SGS within ten (10) business days for penalty only. In these cases the Dean's decision is final.

If the facts of the complaint are contested (that is, the student does not agree that the infraction occurred or does not agree with the facts as presented), the associate dean for graduate studies will refer the case to the appropriate due process committee and the case will be handled in keeping with the provisions of II.C.

E. Regular Case Investigation Procedures

If an incident cannot be handled as an uncontested offense as specified in Section II.D., then the procedures of this section shall apply and the matter shall be handled as a regular case.

1. The associate dean for graduate studies shall investigate the allegations that a student has violated one or more of the rules of the SGS.

2. If the allegations are determined to be of a minor nature that can be handled informally without initiation of disciplinary proceedings, the associate dean for graduate studies will notify, in writing, the person filing the complaint, the student, and the Dean of the SGS of this decision.

3. If the investigation reveals that the evidence presented substantiates a likely breach of professional conduct, the associate dean for graduate studies will initiate a hearing procedure in accordance with Section II.F. The associate dean for graduate studies shall prepare a written notification to the student to be either hand delivered, with written acknowledgement of receipt, or sent by certified mail, return receipt requested, containing the following:

a. a statement of the charge(s) against the student with a description documenting the violation(s).

b. a statement of the date, time, and place of the hearing on the charges. Normally, the hearing will be held not less than ten (10) business days or more than twenty one (21) business days from the student's receipt of the letter. Exceptions to this time frame require the party requesting to show good cause.

c. a statement which informs the student that if the charges are disputed, the student may choose to appear at the hearing or waive that right in writing.

d. a list of the witnesses furnishing the evidence supporting the charge(s).

e. a copy of the procedural guidelines for due process.

f. a listing of potential penalties if the student is found guilty.

F. Committee Responsible for Academic and Disciplinary Due Process

1. Whether or not the accused student disputes the facts on which the charges are based, a hearing before the program due process committee will normally be held between ten (10) and twenty one (21) business days from the date of the student's receipt of the statement of charges. Exceptions to this time frame require the requesting party to show good cause.

2. A quorum of the committee must meet and take action.

3. A faculty committee member who is directly or indirectly involved in a particular case will be automatically excused from the hearing and consideration of the matter.

4. Procedures and rights at the hearing:

a. All meetings, investigations, proceedings, and hearings conducted under the provisions of this document shall be confidential. The Chair of the graduate program committee shall inform all members of the committee of the confidential nature of proceedings conducted under this policy at the beginning of all hearings.

b. The Chair of the graduate program committee will present the case to the committee by stating any pertinent evidence. Evidence shall be presented to the committee by the Chair along with an explanation of the investigative process. The appropriate associate dean for graduate studies will address any questions the committee or the accused has in regard to the evidence or the investigation process.

c. The SGS has the burden of presenting the evidence and proving the charges by a preponderance of evidence. Evidence, to be admissible, need not meet the standards of admissibility established by the rules of evidence.

d. The proceedings at the hearing shall be recorded electronically. The student has a right to obtain a copy of the recording.

e. The student and the associate dean for graduate studies must provide each other with a list of witnesses to be called at least three (3) business days prior to the meeting.

f. The student has the right to be present at the hearing and may question witnesses.

g. The student may, if desired, submit a written response to the specific charges set out in the notice letter. If a written response is to be submitted, it should be submitted at least three (3) business days prior to the hearing.

h. The committee may question the student and will summon, present and reasonably question all witnesses.

i. The student may select an advisor, who may be an attorney, to be present at the hearing, but the advisor may not question witnesses or take an active part in the hearing. If an advisor is to be present, the associate dean for graduate studies must be notified, in writing, three (3) business days prior to the meeting. If the advisor is an attorney, the SGS has the right to have legal counsel present.

j. The rules of procedure and rules of evidence customarily followed in courts of law shall not apply in these hearings.

k. Only voting members of the committee have the right to be present during the deliberations of the committee.

l. The committee shall make a decision of guilty or not guilty based solely on the evidence presented at the hearing.

m. All decisions by the committee responsible for academic and due process shall be by a majority vote.

n. If the committee decides that the student is guilty of the charges, it will then assess a penalty consistent with Section II.C. (Disciplinary Penalties). The Chair of the due process committee will communicate this decision to the associate dean for graduate studies and the Dean of the Graduate School, and will inform the student of such action in writing within ten (10) business days of the conclusion of the hearing.

o. In determining an appropriate penalty, the committee may consider the prior disciplinary record of the student. The associate dean for graduate studies will brief the committee concerning any prior proven infraction and the penalty assessed as well as academic professionalism issues.

p. The decision of the committee may be appealed to the Dean of the SGS.

G. Disciplinary Penalties

One or more of the following penalties may be assessed for violation of any provision of Section II.B. (Conduct Standards for Students) or other offenses:

1. Written reprimand.

2. Financial restitution for any property damage or for any property destroyed or taken and not returned.

3. Grade adjustment.

4. Special remediation report or community service project based on the nature of the offense, to be determined by the associate dean for graduate studies. The associate dean for graduate studies shall set a reasonable date for completion of the project or report, and failure to complete the assignment shall be deemed cause for the student to appear before the full due process committee.

5. Disciplinary probation for a definite period of time.

6. Suspension for a definite period of time.

7. Revocation of academic credit, requiring repetition of course work.

8. Dismissal.

9. Bar against readmission

10. Denial of degree/certificate

11. Revocation of degree/certificate and surrender of diploma/certificate

Disciplinary probation, suspension, dismissal, bar against readmission, denial of degree and revocation/surrender of degree will be recorded on the academic transcript.

H. Right to Appeal

The student has the right to appeal, in writing, any adverse decision by the graduate program committee to the Dean of the SGS. This written appeal must be filed in the SGS OGS within five (5) business days after notification of the decision and must include the grounds on which the appeal is based. The Dean of the SGS may appoint up to three (3) individuals to hear and review the appeal and make recommendations. The Dean of the SGS will make a decision concerning the appeal and inform the student of that decision within ten (10) business days. Should the Dean of the SGS choose to reject or modify the decision in question, he will clarify his position to the appropriate parties. The decision made by the Dean is final.

After being notified of the final decision, if the student feels that the School of Graduate Studies did not properly follow its established procedures, an additional written appeal may be forwarded to the President of the HSC within ten (10) business days. Appeals made to the President will only be considered based on the procedural issues. This step exhausts the student's appeal options and the decision made by the President is final.

I. Delay of Degree or Certificate

Any student undergoing investigation, active deliberation by individuals or a committee or in an appeal process for an alleged disciplinary infraction is not eligible to receive a degree or certificate from the SGS until full resolution of the issue occurs. Resolution implies either a decision of innocence or a finding of fault in the matter with an appropriate penalty applied.