STANDARDS OF CONDUCT
EXPECTATIONS
OF STUDENTS
Trinity
University strives to preserve the rights and dignity of individuals
and to create an environment in which civility, decency, and respect
are honored. Students are expected to take responsibility for their
actions and show respect for self, others, the University community,
and property.
In this community
of scholars, respect and acceptance of differing points of view is
fundamental to creating the quality of life that encourages growth
and development. The diversity of this community places upon all its
citizens an obligation to respect the perspectives of others who are
different from themselves. These differences include, but are not
limited to, gender, ethnicity, politics, religion, sexual
orientation, geography, and class.
Matriculation at
Trinity University implies understanding and support by the student
of University standards. Failure to observe these standards and
other regulations will subject the student to University action
through established procedures for the administration of student
conduct standards.
APPLICATION OF STUDENT STANDARDS
The following policies and the consequences of their violation are
applicable to the conduct of a student on campus, at
University-sponsored events, or at any other location or time when
the conduct (1) has an adverse impact on the reputation of the
University, (2) negatively affects the safety or welfare of
University students, employees, or neighbors, or (3) interferes with
or obstructs the mission or operations of the University.
Violations of local, state, or federal law are not condoned by the
University, and alleged violators may be referred to the judicial
process without regard to whether civil officials have also acted in
the case. Likewise, some of the offenses described below are
violations of local, state, or federal laws and may be prosecuted
independent of any disciplinary action taken by Trinity University.
Status as a student does not exempt one from either the rights or
responsibilities of citizens.
In addition to the policies that appear in this Student Handbook,
students are expected to abide by additional policies that exist to
further the orderly functioning of the University’s departments and
their resources. Such additional policies relate to and include, but
are not limited to, academics, library operations, copyright,
information technology/computing, parking, traffic control,
intercollegiate athletics, intramural sports, campus publications,
dining facilities, and residential life, including the “Board and
Residential Agreement.” These policies may be found in departmental
web pages or publications.
While it is not possible to list all behavior inconsistent with
membership in a scholarly community, the regulations listed in this
section identify the type of behavior which can lead to separation
from the University. Violations of these policies will subject the
organization and/or individuals involved to appropriate discipline.
MAJOR
UNIVERSITY POLICIES RELATED TO STUDENT CONDUCT
In order to
create a University environment in which civility, decency, and
respect are honored, Trinity University has set the following
standards of behavior.
I. Respect for
Self, Others, and the Community
A. Students are expected to respect
themselves by avoiding
conduct that is potentially dangerous and detrimental to their
physical, psychological, or emotional well-being.
B. Students are expected to respect
others, including those
in the greater community. Examples of unacceptable behavior include,
but are not limited to, the following: violence, threats of
violence, harassment, stalking, dangerous conduct (such as tampering
with safety and security related property), and threatening,
belligerent, or menacing behavior toward others.
C. Students are expected to respect
the standards that form the foundation of a civil community
through personal integrity.
Examples of unacceptable behavior include, but are not limited to,
theft, possession of stolen or illegal property, lying, cheating,
falsification of records, disruption, disorderly conduct, failure to
identify one’s self, evasion of University officials, failure to
respond to a reasonable request of a University official, harassment
or belittling of staff performing their duties, indecency,
possession or use of a weapon, and unauthorized entry into
buildings.
II. Respect
for Property
Students are
expected to respect the property of others, including University and
student property. Examples of unacceptable behavior include, but are
not limited to, vandalism, defacement, and destruction of property.
III. Personal
Responsibility
Students are
expected to be responsible for their own behavior and assume
responsibility for the behavior of guests, if those guests are
otherwise unconnected to the University or are unidentified. Student
hosts assume responsibility for sponsoring activities or gatherings
in violation of policy.
CONDUCT SANCTIONS
Sanctions may include expulsion or any lesser appropriate sanction
as described below. In addition to expulsion, suspension, and
probation, the University uses a number of other judicial sanctions
where appropriate. These sanctions include official reprimand,
fines, community service, and barring from residence halls. These
sanctions may be used in any combination and/or with probation.
Any student on disciplinary probation can be expelled or suspended
if, while on probation, he/she commits the same offense or another
offense warranting probation or a more serious disciplinary action.
Expulsion
is removal from the University permanently or with no expectation of
being permitted to reenter. While a student may receive lesser
sanctions for these offenses, expulsion from the University is
possible in those cases warranting the maximum punishment. In
addition to disciplinary expulsion from the University, students
should understand that expulsion may occur for academic reasons if
they fail to meet required academic standards. Moreover, any student
who does not make satisfactory arrangements for financial
obligations to the University will not be permitted to continue at
the University.
Suspension
is removal from the University for a defined period of time such as
one semester, one academic year, one calendar year, etc. or pending
the occurrence of some condition. While suspension is viewed as a
lesser penalty than expulsion, in that a student knows that he/she
will be permitted to apply for readmission after the determined
period, suspension is, nevertheless, a barring of the student from
the University. In cases in which a student has been suspended from
the University, he/she may be permitted to complete the current
semester but be denied readmission until after the defined period of
suspension.
General probation -
A person placed on general probation can be expelled from the
University for committing any other offense during probation, which
would have been subject to probation as a sanction.
Limited probation -
A person placed on limited probation is given a special warning
status in regard to a particular University rule. For example, a
student on limited probation for “disorderly conduct” could be
expelled, suspended, or placed on general probation if that offense
is committed again during the probationary period.
ORDERS
Administrative Order
-
An Administrative Order is used to require or prohibit specific
behaviors for a specified period of time and is issued from a
University administrator (president, vice president, dean or
director). Compared to Official Orders, Administrative Orders are
used to address situations of less urgency than Official Orders and
are longer term in nature. Examples of Administrative Orders
include: Barring a student from athletic events or a residence hall
as a result of misbehavior or requiring one student to stay away
from another in order to avoid conflict. Appeals to any
Administrative Order can be made in writing to the appropriate vice
president within ten days of the order. A vice president’s order or
appellate decision can be appealed in writing within five days of
receipt of the decision to the president of the University.
Official Order
-
An Official Order is an emergency directive from a University
official. Official Orders are primarily used in response to
situations of great urgency. Official Orders require immediate and
unquestioning compliance. They remain in effect only as long as the
situation that prompted their issuance. Official Orders include, but
are not limited to, an order to identify oneself by display of a
University ID or an order to evacuate a building in case of a fire
and not reenter it until official permission has been given.
University officials authorized to issue Official Orders include
faculty, staff, resident assistants, and Safety and Security
personnel when in performance of their official responsibilities.
Challenges to the reasonableness of an Official Order should be made
in writing to the vice president for Student Affairs within five
class days from the date the order is issued, but not at the time
the Official Order is given.
Failure to comply with administrative or official orders may result
in referral for judicial action.
OTHER MAJOR
POLICIES
Because of the
potential legal consequences, implications, and complexities of the
policies on alcohol, drugs, hazing, sexual harassment, sexual
misconduct, and weapons, these policies are listed independently and
are part of the “Standards of Conduct.”
ALCOHOL
I.
INTRODUCTION
Trinity
University values the freedom of those who live and work here to
make our own choices, and it values the education that equips us to
exercise that freedom responsibly. Choices regarding alcohol, in
particular, are a matter of individual and community interest
because poor decisions can negatively impact our personal health and
our public environment. Trinity respects the choices of those who
consume alcohol within reasonable, legal bounds and those who avoid
it altogether. However, because the consumption of alcohol can
impair an individual’s judgment and lead to devastating damage and
loss, this policy aims to limit those negative consequences. It
calls us to be mutually accountable for sustaining a positive,
livable, learning environment on our campus. Students who consume
alcohol are accountable to all University policies: That is,
intoxication does not serve as an excuse for violating policies.
Finally, this policy intentionally promotes awareness regarding the
physical, emotional, mental, and legal ramifications of alcohol
misuse because educated freedom relies not only on rules but, most
importantly, on informed thinking.
The Trinity
Alcohol Coalition of students, staff, and faculty has developed the
following three tenets related to alcohol: Trinity University
acknowledges that students will drink; cares deeply about the health
and safety of students; and enforces policies related to alcohol
use, possession, and consumption.
II. SUMMARY OF
TEXAS STATE LAW REGARDING ALCOHOL
A.
Minors and alcohol
1. The
legal drinking age is 21, and it is illegal for a minor to possess,
purchase, attempt to purchase, or consume alcohol. A first offense
results in an alcohol awareness course, community service, a 30-day
suspension of driver’s license, and up to a $500 fine. Repeat
offenses may result in automatic suspension of driver’s license and
up to a $2000 fine and 180 days in jail. All penalties are assigned
at the discretion of a judge.
2.
Possession of false identification results in up to a $200 fine.
3. Making
alcohol available to a minor results in up to a $4000 fine and/or
one year in jail.
4. A
parent must appear in court for any alcohol charges filed against a
minor under 21 years of age.
B.
Driving while intoxicated
1. For
anyone under 21, it is illegal to drive with any detectable Blood
Alcohol Concentration (BAC). A first offense results in up to a $500
fine, 40 community service hours, alcohol awareness course, and
60-day suspension of driver’s license. All penalties are assigned at
the discretion of a judge.
2. The
legal limit for intoxication is .08 BAC. However, drivers may be
cited for impaired driving due to alcohol regardless of BAC. Refusal
to take a blood or breath test to measure BAC can result in a
180-day driver’s license suspension.
3. A
first offense results in up to a $2000 fine, 180 days in jail and
driver’s license suspension up to one year. Repeat offenses may
result in up to a $10,000 fine, 10 years in penitentiary, and two
years of driver’s license suspension.
III.
UNIVERSITY STANDARDS
A.
General University policies related to alcohol
1. On
campus, only beer and wine are permitted, and only in designated
residential areas by those of legal age. Beer and wine may be served
in the Tigers’ Den to any students, faculty, staff, and their guests
of legal age. “Hard” alcohol is prohibited regardless of the age of
the student.
2.
Persons or organizations that furnish alcoholic beverages to
underage students or visitors will be subject to Trinity
adjudicative action and/or criminal prosecution for violation of
state laws.
3. Any
act that causes others to involuntarily or unknowingly consume
alcohol is prohibited.
4. Public
intoxication is prohibited.
5.
Students who contact University officials or other helping
professionals out of concern for their own or another student’s
health and safety will not be considered for alcohol policy
violations for that specific incident. (Note that when hazing may
have occurred, state law requires that such incidents be reported).
6. The
Board of Campus Publications will have the authority to determine
policy regarding alcohol advertising in the Trinitonian.
7.
Parents/guardians or spouses of students may not serve alcohol to
underage students on campus or at official Trinity University events
off campus.
B.
Regulations on alcohol use within the residence halls
1. To
respect legal use: All students 21 years or older and their guests
of legal age may only possess and consume beer and wine in any
upperclass residence hall room where at least one of the assigned
residents of the room is present and is of legal age. “Hard” alcohol
is prohibited, regardless of the age of the student.
2. To
respect those who are under the legal drinking age and/or choose not
to consume alcohol:
a) No
open containers of alcohol may be possessed or consumed in the
following locations: balconies, corridors, public areas, and
designated substance-free floors.
b) The
possession or consumption of alcohol and the possession of alcohol
containers (including kegs) are prohibited in all first year halls
and all upperclass rooms where neither resident is of legal age. The
possession of alcohol by those under legal age in any public area is
prohibited.
c) No
alcohol in the residence halls may be provided from common source
containers, including but not limited to kegs.
d) Since
“hard” alcohol is prohibited, empty “hard” alcohol containers,
decorative or otherwise, are likewise prohibited in any residence
hall location, regardless of the age of the student.
3. To
promote mutual accountability for all students to abide by Texas law
and University policy, those who are present where there is an
alcohol violation may be found responsible for violation of
University policy.
C.
Regulations for University-authorized use of alcohol
1.
On-campus events
a)
Trinity University organizations or groups (including departments,
offices, and student organizations) may permit serving of alcoholic
beverages for those of legal age, even with underage persons
present. Student organizations must apply to the director of Campus
and Community Involvement or designee for permission to hold an
off-campus event at which alcoholic beverages are served to those of
legal age, even with underage persons present.
b) Groups
meeting on the campus whose constituency is entirely 21 years of age
or above may appeal to the associate vice president for Fiscal
Affairs for permission to serve wine and/or beer at scheduled social
events in on-campus locations other than the Tigers’ Den only if
that event has been scheduled following established procedures.
c)
Off-campus groups and individuals are not permitted to serve any
alcoholic beverages on the University campus unless the event is
being catered by Aramark and permission to serve beer or wine has
been received from the associate vice president for Fiscal Affairs.
d) Except
for the Tigers’ Den or other authorized locations, there will be no
place on the Trinity University campus where alcoholic beverages are
sold.
2.
Off-campus events
a)
Students (or members acting on behalf of chartered, sponsored, or
registered organizations, Greeks, or other formal or informal
groups) sponsoring any events or activities off campus and not in
compliance with University alcohol policies do so of their own
volition and at their own personal risk and liability. Trinity
University assumes no responsibility or liability for such
activities. Students who attend these events are still subject to
all Trinity University policies governing student conduct.
b)
Student organizations must apply to the director of Campus and
Community Involvement or designee for permission to hold an
off-campus event at which alcoholic beverages are served to those of
legal age, even with underage persons present.
c) All
off-campus student organization sponsored events should be held in
accordance with Third Party Vendor or BYOB guidelines
found in the Student Organization Handbook.
d) When students
are participating in University-related outings (for example,
retreats, outdoor recreation activities, field trips, music trips,
conferences, and athletic trips) only those students 21 years or
older – who have the express, prior approval of their University
sponsor – may purchase, possess, be served, or consume alcohol, and
only at dining establishments that have a permanent license to sell
alcoholic beverages. During such an outing, under no circumstances
is alcohol allowed in vehicles, lodging, campsites, or other
locations. While on University business, Trinity students are
prohibited from driving after consuming any alcohol. (These
allowances do not apply to student organizations, which are subject
to policies in the Student Organization Handbook.)
3.
Off-campus with University employees
a)
Students who are under 21 years of age may be present at informal
events or times where alcohol is being served so long as the
policies of the establishment or the wishes of the hosting employee
permit such students to be present; however, only those students who
are 21 or older may purchase, possess, or be served alcohol. Any
alcohol consumption is always subject to the approval and discretion
of the event sponsor or host.
b) In
instances where Trinity University directly sponsors a program
abroad, led by a Trinity faculty or staff member, events hosted by
the Trinity program are governed by this policy just as if the event
had been hosted on campus, even if the laws of the particular
jurisdiction allow for a younger drinking age.
4. Other
University-related events and situations
a)
Trinity University departments may host events where alcohol is
served if approved in advance by the associate vice president for
Fiscal Affairs. When alcohol is being served by a person other than
a hosting faculty or staff member, it must be at an establishment
that possesses a permanent license to sell alcohol. Student
organizations may host events where alcohol is served if events are
held in accordance with organizational Third Party Vendor or
BYOB guidelines and approved in advance by the director of
Campus & Community Involvement.
b)
Students who are under 21 years of age may attend events sponsored
by the Alumni Office on or off campus, but may not consume alcohol.
Students who are 21 years of age or older may consume alcohol at
these events at the discretion of the Alumni Office.
c) Only
students who are 21 years of age or older may possess or consume
alcohol at employment-related recruiting events or during the
employment search process whether on or off campus. Because job
candidates are always being evaluated by potential employers, Career
Services advises students to avoid alcohol use during interactions
with potential employers.
IV.
ENFORCEMENT, EDUCATION, AND SERVICES III. ENFORCEMENT, EDUCATION,
AND SERVICES
A.
University enforcement of the alcohol policy
1.
Students are personally responsible for complying with state and
local laws and the University Alcohol Policy. Trinity University
respects students’ privacy and autonomy, assumes that they will
behave legally and responsibly, and will not closely monitor the
activities of individual students or members of student
organizations.
2.
Resident assistants/resident mentors and the Department of Campus
Safety will respond to any observed alcohol policy violations and
submit incident reports to the dean of students office and/or
Student Conduct Board.
3.
Alcohol policy violations will be handled through normal campus
conduct procedures as described in the Trinity University “Joint
Statement on Rights and Freedoms of Students.” Sanctions may range
from no action up to expulsion.
4. On an
annual basis, the Trinity Alcohol Coalition will review the range of
sanctions for alcohol policy violations.
B.
The effects of alcohol consumption
1. The
University encourages students who drink to do so in moderation
because risks to the health and safety of self and others increase
as Blood Alcohol Concentration (BAC) increases. Both episodic and
chronic heavy drinking is associated with academic, social, and
health problems. Potential academic problems include class
absenteeism and substandard performance. Potential social problems
include disrupted relationships, sexual victimization, arguments,
and fights. Potential health problems include accidental injury and
the consequences of unprotected sex. Additionally, because alcohol
is toxic to the body, chronic heavy drinking causes a multitude of
physical problems, especially in the brain and digestive system.
2.
Alcohol is a central nervous system depressant that, in a low dosage
(BAC under .06), produces positive feelings by reducing inhibition
and anxiety while producing a mildly stimulating “buzz” and mildly
impairing judgment.
3. The
negative depressant effects of alcohol intensify as BAC rises above
.06 and produce fatigue, impairment of coordination, and increased
impairment of judgment while simultaneously erasing the positive,
low-dosage effects. (Not surprisingly, intoxication is involved in a
majority of violent student behaviors, including acquaintance rape,
vandalism, and fights, as well as about half of vehicular
accidents.)
4. If BAC
rises above .15, the drinker can pass out and/or experience a memory
loss (blackout) the next day. While passed out, a drinker can die
from choking on his or her vomit. Breathing will slow as the central
nervous system becomes increasingly anesthetized.
5. If BAC
rises above .30, the drinker is at risk of alcohol poisoning from
respiratory failure. An intoxicated person is at risk for death from
alcohol poisoning if s/he
a) is
passed out and cannot be awakened, or
b) has
cold, clammy, bluish or unusually pale skin, or
c)
breathes slowly (less than 8 times per minute) or irregularly (more
than 10 seconds between breaths), or
d) vomits
while asleep/passed out and does not awaken.
As a
member of the University community, anyone who recognizes that a
student is in danger of alcohol poisoning should call 911 to request
the assistance of Emergency Medical Services (EMS). If the call is
placed from campus, students should call the Department of Campus
Safety emergency line (x7000). Officers can direct EMS to the proper
location as quickly as possible.
6. About
5-10% of Americans develop alcohol dependence, a brain disease that
can lead to death. Although some drinkers, especially those with a
genetic predisposition, are at greater risk for alcohol dependence
than others, no drinker is exempt from the potential to develop an
alcohol use disorder. Therefore, the University encourages all
students who drink to periodically seek an “alcohol check-up” and
provides resources for doing so through Counseling Services.
C.
University services
1.
Counseling Services (www.trinity.edu/counseling) offers a variety of
services and resources to students, including:
a)
Anonymous, online alcohol use assessment and feedback through its
Web site for those who desire an “alcohol check-up” or are concerned
about their alcohol use;
b)
Confidential consultations with a counselor for those who desire an
“alcohol check-up” or who are concerned about their own alcohol use
or that of a friend or family member;
c)
Confidential counseling concerning alcohol use;
d)
Referrals to off-campus specialists and support groups for the
treatment of alcohol dependence;
e)
Educational materials;
f)
Educational programs for classes and other student groups.
2.
Residential Life staff address residents’ concerns and make
appropriate referrals related to the negative effects of alcohol
use, including interpersonal conflicts, vandalism, and health
concerns.
3. Health
Services (www.trinity.edu/healthservices) treats injuries and
illnesses associated with alcohol use and refers students who may
have problems related to alcohol use to Counseling Services or an
off-campus specialist for assessment and treatment, if needed.
4. The
dean of students coordinates the Trinity Alcohol Coalition that
periodically reviews University policy, sanctions, educational
initiatives, and treatment efforts.
DRUGS
Trinity
University prohibits the use, possession, manufacture, sale, or
distribution by its students of any illegal drug (or drugs) in any
amount or paraphernalia (including “hookahs”), regardless of
location. Similarly, any act that results in another person
involuntarily or unknowingly consuming any illegal drug (or drugs)
is prohibited. The University offers counseling and referrals for
treatment of drug abuse. These services are offered by Counseling
Services on a confidential basis to members of the University
community who seek such assistance.
HAZING
I.
INTRODUCTION
Trinity
University is concerned about the emotional, psychological, and
physical health and well-being of its students. Any form of hazing
is unacceptable and is in direct conflict with institutional values
related to the rights and dignity of students, all of whom have the
right to belong to groups without risk of danger or humiliation.
Consent to hazing is never a defense to a violation of this policy.
New members of
groups and teams can expect to participate in educational and fun
activities that build teamwork and camaraderie among all members of
the group. Such activities are intended to create a sense of
identity and commitment within a group and are generally acceptable
and encouraged. Students should check with Campus & Community
Involvement staff, advisors, sponsors, and coaches if there is any
question about an activity constituting hazing.
II. HAZING
CULTURE
There are two
primary conditions that create a hazing dynamic.
-
New members often wish to be accepted, either formally or
informally, into any group, and will submit to hazing in order to be
included. Because of this, consent to be hazed does not excuse
hazing. Students have died or been seriously injured as a result of
participating in activities to which they have “consented.” The
psychological pull to be accepted is so strong that hazing victims
cannot be expected to resist hazing, even if the hazing is presented
as optional. That this pull can be so coercive should make this need
to prohibit this conduct, to any degree, undeniably clear.
-
Any activity that places new members in a subservient
position to experienced members creates an unhealthy and unsafe
power dynamic in which control has been yielded to the experienced
member. New members in any organization may expect to be trained,
oriented, or indoctrinated, but membership in any group that puts a
new member in a lesser role, unrelated to the original conditions
for membership or mission of the group, is inappropriate and unfair
to the new members. Any activities of membership should be equally
shared among experienced and new members.
III.
DEFINITION AND PROHIBITED CONDUCT
The University
prohibits hazing by individuals or groups and defines it as follows:
Hazing is any
reckless or intentional act, occurring on or off campus, that
produces physical, mental, or emotional pain, discomfort,
humiliation, embarrassment, or ridicule directed toward other
students or groups (regardless of their willingness to participate),
that is required or expected of new members and which is not related
to the mission of the team, group, or organization. This includes
any activity, whether it is presented as optional or required, that
places a new member in a position of servitude as a condition of
membership. Prohibited acts of hazing include those covered under
Texas State law.
Though it would
be impossible to list all behavior that could be deemed to be
hazing, the following are some typical examples of hazing and are
prohibited:
-
any physical act of violence expected of, or inflicted upon,
another
-
any physical activity expected of, or inflicted upon,
another, including calisthenics
-
pressure or coercion of another to consume any legal or
illegal substance
-
making available unlawful substances
-
excessive fatigue or sleep deprivation as a result of any
activities
-
forced exposure to the weather
-
kidnapping, forced road trips, and abandonment
-
required carrying of or possessing of a specific item or
items
-
servitude (expecting a new member to do the tasks of an
experienced member)
-
costuming and alteration of appearance
-
line-ups and berating
-
coerced lewd conduct
-
degrading games, activities or public stunts
-
interference with academic pursuits
-
violation of University policy
-
assignment of illegal and unlawful activities
Alleged
violations of this policy will result in campus judicial action and
may be subject to criminal prosecution. Any retaliation against any
person who reports, is a witness to, or is involved with or
cooperates with the adjudication of hazing is strictly prohibited.
IV. SUMMARY OF
TEXAS STATE LAW REGARDING HAZING
Texas State Law on Hazing
Students should be
acquainted with the law on hazing. The following excerpts are from
the law that makes hazing at or in connection with an educational
institution a crime.
Hazing includes but is not limited to:
1. any type of physical brutality, such as
whipping, beating, striking, branding, electronic shocking, placing
of a harmful substance on the body, or similar activity;
2. any type of physical activity, such as sleep
deprivation, exposure to the elements, confinement in a small space,
calisthenics, or other activity that subjects the student to an
unreasonable risk or harm or that adversely affects the mental or
physical health or safety of the student;
3. any activity involving consumption of a food, liquid,
alcoholic beverage, liquor, drug, or other substance which subjects
the student to an unreasonable risk of harm or which adversely
effects the mental or physical health or safety of the student;
4. any activity that intimidates or threatens the student
with ostracism that subjects the student to extreme mental stress,
shame, or humiliation, or that adversely effects the student from
entering or remaining registered in an educational institution, or
that may reasonably be expected to cause a student to leave the
organization or the institution rather than submit to acts described
in this subsection;
5. any activity that induces, causes, or requires the
student to perform a duty or task which involves a violation of the
Penal Code. Sec. 4.52.
A person commits an offense if the person:
1. engages in hazing;
2. solicits, encourages, directs, aids, or attempts to aid
another in engaging in hazing;
3. intentionally, knowingly, or recklessly permits hazing
to occur; or
4. has firsthand knowledge of the planning of a specific
hazing incident involving a student in an educational institution,
or firsthand knowledge that a specific hazing incident has occurred,
and knowingly fails to report said knowledge in writing to the Dean
of Students or other appropriate officials of the institution.
An organization commits an
offense if the organization
Condones or encourages hazing or if an officer or any combination of
members, pledges, or alumni of the organization commits or assists
in the commission of hazing.
Consent Not a Defense
It is not a defense to prosecution for the offense under
this subchapter that the person against whom the hazing was directed
consented to or acquiesced in the hazing activity.
Immunity from Prosecution Available
In the prosecution of an offense under this subchapter, the court
may grant immunity from prosecution for the offense to each person
who is subpoenaed to testify for the prosecution and does testify
for the prosecution. Any person reporting a specific hazing incident
involving a student in an educational institution to the Dean of
Students or other appropriate official of the institution is immune
from liability, civil, or criminal, that might otherwise be incurred
or imposed as a result of the report. Immunity extends to
participation in any judicial proceeding resulting from the report.
A person reporting in bad faith or with malice is not protected by
this section.
SEXUAL
MISCONDUCT
Trinity
University supports the rights of all students to live and study in
an environment free from sexual coercion and violence. Sexual
contact with another person without consent or with the use or
threat of force violates the standards of civility, decency, and
respect expected of all members of the campus community.
The requirements
of this policy are blind to the sexual orientation or preference of
individuals engaging in sexual activity or sexually exploitative
behavior.
Any retaliatory
action or behavior taken toward an alleged victim as a consequence
of his or her decision to report a violation, pursue conduct action,
or criminal prosecution, is prohibited. Retaliation by either party
may result in immediate judicial action.
I. PROHIBITED
CONDUCT
1.
Non-Consensual Sexual Activity
Non-consensual
sexual activity includes, but is not limited to, any sexual
activity* by a group or individual that takes place without the
effective consent of the other individual(s) involved. Effective
consent is shown by the exchange of mutually understandable words or
actions between parties to a sexual interaction. Consent must be
informed and freely and actively given. Silence in and of itself is
not an indication of consent.
In order to be
effective, consent cannot be procured by use of physical force,
compelling threats, intimidating behavior, or coercion. Coercive
behavior differs from seductive behavior based on the type of
pressure someone uses to get consent from another. When someone
makes clear that he or she does not want sex, that they want to
stop, or that they do not want to go past a certain point of sexual
interaction, continued pressure beyond that point can be coercive.
In other words, consent may be withdrawn at any time.
In order to give
effective consent, one must be of legal age (17).
Sexual activity with someone a
person knows to be--or should know to be--mentally or physically
incapacitated (because of disability, alcohol or other drug use,
sleep, unconsciousness, blackout, or bodily restraint), is a
violation of this policy. Any time sexual activity takes place
between individuals, those individuals must be capable of
controlling their physical actions and be capable of making
rational, reasonable decisions about their sexual behavior. A person
who has consumed alcohol may experience diminished capacity for
effective decision-making and action, and thus may be incapable of
consenting to sexual activity.
Sexual activity
with someone whose incapacity results from the ingestion of a
so-called “date-rape” drug is in violation of this policy.
Possession, use and/or distribution of any of these substances,
including Rohypnol, Ketamine, GHB, Burundanga, etc., is prohibited,
and administering one of these drugs to another student for the
purpose of inducing incapacity is a violation of this policy. Use
of alcohol or other drugs will never function to excuse behavior
that violates this policy.
* Sexual activity
includes: intentional contact with the breasts, buttocks, groin, or
genitals, or touching another person with any of these body parts,
or making another person touch you or themselves with or on any of
these body parts; intercourse, however slight, meaning vaginal
penetration by a penis, object, tongue, or finger, anal penetration
by a penis, object, tongue, or finger; and oral copulation (mouth to
genital contact or genital to mouth contact).
2.
Sexually Exploitative Behavior
Sexually
exploitative behavior occurs when a student takes non-consensual or
abusive sexual advantage of another for his or her own advantage or
benefit, or to benefit or advantage anyone other than the one being
exploited, and that behavior does not otherwise constitute one of
other sexual misconduct offenses. Examples of sexual
exploitation include, but are not limited to: prostituting another
student, non-consensual video/audio-taping or photographing of
sexual activity, unauthorized posting or distribution of materials
involving the sexual activity of another person, going beyond the
boundaries of consent (such as voyeurism or secretly watching
others), knowingly transmitting an STD or HIV to another student
II. PROCEDURES
FOR FILING A REPORT OR SUBMITTING A COMPLAINT
In an emergency,
first contact Campus Security at 999-7000 so they may secure the
area, detain suspects, and coordinate the arrival of outside law
enforcement to campus.
Students are
encouraged to file a report with the San Antonio Police Department.
(For non-emergency calls: 207-7273; for off-campus emergency calls:
911).
A student who
wishes to report an assault (simply a notification of an assault) or
file a complaint against another student through the University
(potentially leading to a University hearing) should notify the Dean
of Students. If a student wishes, he or she may start this process
with the Vice President for Student Affairs. The staff member will
explain support options, investigative steps, and hearing
procedures.
Trinity
University believes that students should retain the right to move
forward (or not) with a complaint about sexual assault and leaves
the decision to the student.
IV. SUPPORT
FOR STUDENTS
A student who
files a report, as well as witnesses, and any students present
immediately before, during, or in the aftermath of an alleged
assault will not be referred for disciplinary action for unrelated
violations (such as alcohol, parties, drugs, etc.)
After reporting
alleged sexual assault or misconduct to University officials, a
student may request the following:
- Change of an
on-campus student’s housing to a different on-campus location;
- Transferring
class sections when available;
- Assistance
in exploring alternative housing, incompletes, leave, or
withdrawal.
The Student
Affairs staff will make available a staff member to serve as an
informal support person for both an alleged victim and an accused
student to help each party navigate through the student conduct
process.
If all other
avenues for payment of medical bills for initial exam and testing
have been exhausted, Trinity University may pay the unpaid balance
for initial exams, testing, and medication (see detailed explanation
on the sexual assault web page).
V.
INVESTIGATIVE HEARING AND PROCEDURES
The Dean of
Students will meet with a student considering submitting a
complaint, will outline the process for filing a complaint, and
explain University procedures.
A written report
is required for a case to be referred for action.
Upon receipt of a
report, and a desire by the student to move forward with a hearing,
the Dean of Students will contact the accused party. This is done to
explain the procedures to this student and to outline the basis for
the complaint. Accused students have the right to see the report
that alleges a violation.
As a matter of
process, both parties in a case are issued administrative orders to
have no contact with one another. This allows the matter to proceed
without any possible harassment or miscommunication between parties.
The Joint
Statement describes University procedures for hearings, which are
confidential. The University Conduct Board receives written
complaints and schedules and conducts hearings related to sexual
misconduct. The Dean of Students facilitates the hearing but is not
a voting member of the Board. Two faculty members and a
representative from the Student Conduct Board are the
decision-making members of the Board. The Board hears statements
from both parties, asks questions, and then makes a decision based
upon the greater weight of the credible evidence. The Board receives
training in conducting hearings specifically related to sexual
assault allegations.
The accused
student has the right to question his or her accuser through
questions posed to the Conduct Board. This right will not be denied.
However, the complainant may request that accommodations be made to
have separate rooms or a room partition for each party, or may
request an alternative reasonable arrangement in order to minimize
potential trauma or stress.
The accuser and
the accused party are each entitled to the same opportunities to
have a support person (often a parent, friend, counselor, attorney,
or faculty/staff member) present during a campus disciplinary
proceeding. (This person can be in addition to the informal Student
Affairs support person).
Pertinent expert,
psychological, and medical witnesses, and other evidence may be
introduced into hearings, but the Board will reserve the right to
determine if such evidence is credible on its face or could
potentially be subject to rebuttal in the opinion of the Board, and
thus, of questionable value.
While each case
is different, the University Conduct Board will generally ask
questions primarily related to the following areas: force, consent,
and whether or not (or how) alcohol or drugs played a role in the
alleged incident.
Both parties
shall be informed of the outcome and sanction of any campus
disciplinary proceeding alleging sexual assault.
Any party in a
hearing may appeal the decision to the Conduct Review Board. A
student who moves forward with a complaint of sexual misconduct may
review the full text of the case summary from the Board because:
Trinity
University treats the summary as part of the student’s record, and;
The student is
afforded the opportunity to submit an appeal and should have access
to the reasoning of the decision as expressed in the summary.
VI. SANCTIONS
The University
conduct process is founded on educational ideals that reflect the
University’s academic mission. As much as possible, the University
is committed to educating students to be aware of policy, to respect
others, and to be accountable for their actions. Sanctions can range
from warning to permanent separation from the University. The
Conduct Board attempts to look at each situation independently and
consider all variables in assigning a fair and reasonable sanction.
WEAPONS
The unauthorized
carrying or possession of any type of weapon or firearm on the
premises of Trinity University is strictly prohibited. This
prohibition expressly includes those persons licensed to carry
concealed firearms. For purposes of this policy, the premises of
Trinity University are defined as any property, building, or portion
of a building or property that Trinity owns or occupies, whether on
a temporary or permanent basis, and any off-site premises where
Trinity is conducting any activity sponsored by Trinity. This
includes all parking lots, parking areas, sidewalks and walkways,
and all Trinity vehicles and equipment.
The following Residential Life
policies reflect the University Standards of Conduct: Respect for
self, others, property, and the community and assumption of personal
responsibility.
Appliances
Because of the danger of
fire, necessary restrictions must be placed on use of electrical
appliances in rooms and extreme caution taken. Fans, irons, hot
pots, coffee makers, hair dryers, clocks, and entertainment units
are permitted. Food preparation appliances such as toasters and hot
plates are not allowed, nor are any appliances, including some
popcorn poppers and heaters, with an exposed heating element. The
only refrigerator and microwave units of any kind permitted in the
residence halls are the University provided Microfridge units.
Balconies
Because many balconies of
student’s rooms and walkways are in public view, balconies/walkways
must be kept neat, uncluttered, and safe. All-weather furniture,
hammocks, plants, wind chimes, wind socks, sun catchers, in-season
holiday decorations, plastic storage containers with lids (placed
next to walls), and bicycles are the only items permitted and only
if they meet the above standards. University furniture may not be
left unattended on the balconies/walkways.
Students who share responsibility for
a balcony are encouraged to communicate with one another about items
placed on the balcony area. All students who live adjacent to a
balcony will be held responsible for splitting fines, or if they
choose, reimbursing one another for fines resulting from violations.
Items on balconies must be wholly contained within the balcony.
Items on walkways may not interfere with normal pedestrian traffic.
Building ledges that may only be accessed from a student room
through a window are not considered balconies. Residents may not
climb onto nor place property onto these areas, even if there are
railings on the ledges.
Excessive Noise
To maintain residential
areas conducive to an academic environment, all residents are
expected to maintain reasonable courtesy hours within and in the
vicinity of the residence halls at all times. Amplified musical
instruments and drums are not permitted. To ensure that residents
may adequately sleep and study in their rooms, quiet hours are in
effect from 11:00 p.m. to 9:00 a.m. seven days per week. During
reading days and final exams, quiet hours will be in effect 24 hours
a day. While Residential Life staff and Campus Security will enforce
the noise policy, residents are expected to notify others directly
about disturbances. In that spirit, we ask that all residents comply
with reasonable requests from neighbors related to noise.
Guests and Visitation
Residents may host visitors provided that all residents of the
room consent to the visitation. Students are not permitted to host
overnight guests of the opposite sex. In order for the University
staff to be able to respond appropriately in cases of emergency,
students are asked to inform resident assistants whenever a
non-resident is staying overnight in a University residence hall. No
resident student may provide overnight lodging on-campus for more
than three nights in succession without the approval of the
residential life coordinator who supervises his/her respective
residence hall.
Miscellaneous Safety Regulations
Due to the extreme fire
hazard, candles of any kind, halogen lamps, containers of flammable
liquids, grills, incense, as well as other devices with open flames,
are prohibited in the residence halls. Because of the hazards to
persons walking below, as well as the litter created, objects may
not be thrown or dropped from balconies, walkways, roofs, or other
above-ground level areas. Students are required to evacuate the
building when the fire alarm sounds, including during drills. Any
student who props open or tampers with a locked exterior residence
hall door will be subject to a minimum fine of $200 and/or
relocation to another residence hall or eviction.
Pets
No pets, other than small
fish or service animals, are allowed. Charges for room fumigation
will be made to any residents who have housed a pet, following
removal of the animal.
Posting
Residents may post and
display items (except neon lights) on the outside of room doors,
areas immediately adjacent to room doors, inside room windows, and
on the inside of sliding glass doors. Since these are communal
areas, considerate judgment, sensitivity to others, and adherence to
the University’s harassment and respect should be considered in the
selection of displayed materials. Residents are encouraged to
directly inform others or those in the immediate community if they
find posted items to be offensive. All posted materials should be
kept neat and in accordance with University standards. Residents
will be asked to remove items that are weathered, tattered, or
sloppily displayed. The Residential Life staff reserves the right to
remove items that are aesthetically unacceptable or in violation of
any University policy. Welcome signs may remain posted for the two
weeks following residence hall opening. Greek-issued signs posted
during new member orientation may remain within a time period to be
determined between the Greek Council and the Residential Life staff.
Residents are responsible for damage and cleaning charges that
result from any items posted or displayed in or around their own
rooms.
Smoking
All student rooms and
public areas in the residence halls are designated as non-smoking
areas. Smoking is allowed only on balconies, walkways, and ramps.
Vehicles
No motorized vehicles, such
as motorcycles or mopeds, are allowed in university residence halls
or on balconies.