Frequently Asked Questions for Students, Advocates, and Parents/Guardians

If a student receives a Notice to Appear letter from OSRR, an alleged violation(s) occurred with the Student Conduct rules. This letter states which rules may have been violated and briefly describes how the rule was allegedly infringed. This letter also indicates the time, date, and location of the student conduct meeting with OSRR. The student must attend their scheduled conduct meeting. If two or more students were involved in the same incident, separate conduct meetings would be held for each student.

The Office of Student Rights and Responsibilities receives reports from Residence Life, Academic Affairs, the University Police Department, and the community.

A lack of knowledge of a rule is not an excuse for misconduct. Every student is responsible for knowing the rules and regulations of the University, so you need to read the Student Handbook. If you are unsure about any policies, ask OSRR for further clarification.

The length of a conduct meeting may depend on the severity and/or complexity of the alleged violation(s). A conduct meeting usually takes 30-60 minutes, but any student can be brought in again if an investigation finds additional information or another conduct violation allegedly occurred.

If a student does not notify OSRR within 24 hours through a call or email that they could not attend the conduct meeting due to substantiated reasons, then a decision will be made in the student’s absence based on the contents of the conduct file. The student may also be charged with violating The Student Conduct Rule Article III, Section L. Failure to Appear. Typically, OSRR will place a hold on future registration and mandate that the student attends the conduct meeting before being allowed to register for future semesters.

OSRR does its best to avoid scheduling student conduct meetings during class times. If a conduct meeting is scheduled during a student’s class, please contact our office as soon as possible to inquire about rescheduling the student conduct meeting.

Please notify OSRR three (3) days before the scheduled conduct meeting regarding the required accommodations.

Student rights during the conduct process can be found in the Student Handbook under the Student Code of Conduct, Article II: Judicial Authority. An attachment of the Student Rights in the Conduct Process will be sent with the Conduct Notice to Appear email to the student’s university email address. Students are advised to read over the rights as an accused student before the official conduct meeting with OSRR.

The burden of proof during the student conduct process relies on the standard of “preponderance of the evidence,” which means more likely than not that an incident occurred, or at least 50%. This is a different evidence standard than the criminal court system standard of “without a reasonable doubt.” The student conduct conference is not a criminal proceeding, nor does it follow the same guidelines as a criminal proceeding. A University conduct hearing is not a trial or Court of Law. Any attempt to make the hearing something else would seriously impair the educational function of the hearing, which requires open discussion rather than adversarial debate.

The conduct process at Texas A&M University-San Antonio is considered a formal process. This entails that the student meets with the Student Conduct Officer during the assigned conduct meeting time to review the alleged violations, briefly review the student’s rights in the conduct process, explain the range of sanctions that could be imposed, and answer any questions the student may have. The student must bring any materials/ evidence pertaining to the incident to the scheduled conduct meeting.

At the meeting, the student will be provided with an opportunity to explain their perspective. At this point, the Student Conduct Officer may ask questions pertaining to the incident and present any witnesses or supplementary information that is relevant to the case.

At the end of the conduct meeting, the student may accept or not accept responsibility for the charges assigned to the incident. If the student chooses not to take responsibility, they may still be found responsible by OSRR based on the preponderance of the evidence. If the student accepts responsibility or is found accountable for the charges assigned, they will be issued an appropriate sanction(s).

The Student Conduct Officer will conclude the student conduct meeting. A follow-up email regarding the conduct meeting outcome will be sent to the student within 1-2 business days but no later than five (5) business days. An Outcome Notice letter will be sent to the student’s university email address. It will review the incident, the finding(s) of the student conduct conference, any assigned sanction(s) (if any), and the appeals process. If OSRR needs to investigate the matter further, the student may be requested to appear again for a follow-up meeting.

The Student Conduct Officer will then answer any last questions the student may have before concluding the student conduct meeting.

The focus of your student conduct conference regards YOU and YOUR behavior during a particular incident. The incident in question will be the main focus of the conduct conference. Still, the student must report any other student(s) involved in a code violation. Any student can be brought in again if an investigation finds additional information or finds another conduct violation allegedly occurred.

Students have a right to be accompanied by one advocate, as stated in the Student Rights in the Conduct Process and the Student Handbook. Advocates are not permitted to represent the student’s behalf at a University conduct meeting. The selected individual may not be an individual and/or student that is or may be charged due to the same or similar fact pattern. The advisor is limited to advising the student and may not present the case, question relevant parties, or make statements during the proceedings. A request for an advocate to be present during at conduct meeting must be made in writing a minimum of three (3) business days before the scheduled hearing, and the student must sign a release of au. Then due to confidential information.

An accused student has the right to consult an advocate, including a lawyer, at the student’s expense. An attorney may attend and advise the student but is not permitted to represent the student’s behalf at a University conduct meeting. The advisor is limited to informing the student and may not present the case, question relevant parties, or make statements during the proceedings. A request for an advocate to be present during at conduct meeting must be made in writing a minimum of three (3) business days before the scheduled hearing, and the student must sign a release of au. Then due to confidential information.

The University will only release information about the outcome of another student’s disciplinary matter upon their written consent or when required by state or federal law. This does not include Title IX Cases.

Several factors are taken into consideration by OSRR when determining what an appropriate sanction(s) for a student would be. The student conduct officer will examine the following:

• The nature of the violation
• Previous conduct history
• Aggravating or mitigating circumstances surrounding the violation
• Motivation for the behavior
• The developmental and educational impact of the sanction

Please refer to the Student Handbook, Student Code of Conduct, and Article VII: Sanctions for a complete list of sanctions that may be imposed for violating the Student Rules.

A student has the right to appeal a conduct decision within five (5) university business days from when the conduct outcome notice email was sent. An appeal of the conduct decision must be based on one or more of these four factors:

• Substantial new evidence was not available at the time of the original findings of responsibility;
• Violation of due process;
• The sanction is not commensurate with the violation;
• The determination of responsibility is inconsistent with the factors presented by the respondent.

The appeals process information will be shared with the student in the conduct meeting outcome email. The findings and sanctions will stand if the student does not appeal the conduct decisions.

If a student does not complete the assigned sanction within the given time frame, a conduct hold will be placed on the student’s account, which can block future course enrollment.

Generally, a conduct hold means that a student failed to respond to a conduct letter or is pending to fulfill some other obligation concerning disciplinary/ academic matters, such as assigned sanctions. The student can contact OSRR at (210) 784-1353 to make an appointment.

For security and confidentiality reasons, we do not provide information on a student’s conduct file over the phone or make any copies. If you would like to review your conduct file with OSRR, please schedule a meeting by calling (210) 784-1353. If you want a copy of your file, you may submit a Public Information Request to the Public Information Officer here.

According to Federal regulations, the student must sign a release of information before it is legal to share information about the case in question with a parent or guardian. This information will only be released in person. Drug and alcohol violations by minors allow the University to inform parents and guardians of the breach.

Your conduct record is considered confidential. However, information concerning your disciplinary history may be made available to appropriate University officials, faculty, and staff members with a legitimate educational interest in such information. In addition, information regarding your conduct may be released to other individuals or entities upon your written request or in accordance with state and federal law.

Suspension and expulsion are currently the only two sanctions assigned by OSRR to appear on your academic record. All other sanctions are kept on record in the student’s folder in the OSRR.

A student’s financial aid can be affected due to expulsion or suspension. For more information regarding your financial assistance, please get in touch with the Office of Student Financial Aid at (210) 784-1324.

For security and confidentiality reasons, we do not provide information on a student's conduct file over the phone or make any copies. If your student would like to review their conduct file with OSRR, they can schedule a meeting by calling (210) 784-1353.

If you want a copy of your student's file, you may submit a Public Information Request to the Public Information Officer here.

If a student receives a Notice to Appear Email from OSRR, an alleged violation(s) occurred within the Student Conduct of Conduct. This letter states which rules may have been violated and briefly describes how the rule was allegedly infringed. This letter also indicates the time, date, and location of the student conduct meeting with OSRR. The student must attend their scheduled conduct meeting. If two or more students were involved in the same incident, separate conduct meetings would be held for each student.

Student rights during the conduct process can be found in the Student Handbook under the Student Code of Conduct, Article II: Judicial Authority. The Student Rights in the Conduct Process will be attached with the Conduct Notice to Appear Email to the student’s university email address. Students are advised to read over their rights as an accused student before the official conduct meeting with OSRR.

The conduct process at Texas A&M University-San Antonio is considered a formal process. This entails that the student meets with the Student Conduct Officer during the assigned conduct meeting time to review the alleged violations, briefly review the student’s rights in the conduct process, explain the range of sanctions that could be imposed, and answer any questions the student may have. The student must bring any materials/ evidence or witnesses that may pertain to the incident to the scheduled conduct meeting.

The student will then have an opportunity to explain their perspective on the specific incident that has been documented. During this time, the Student Conduct Officer can present questions regarding the incident and document the student’s answers. The student can also offer any witnesses or additional supporting information about the incident.

At the end of the conduct meeting, the student may accept or not accept responsibility for the charges assigned to the incident. If the student chooses not to take responsibility, they may still be found responsible by OSRR based on the preponderance of the evidence. If the student accepts responsibility or is found accountable for the assigned charges, they will be issued an appropriate sanction(s).

The Student Conduct Officer will conclude the student conduct meeting, and a follow-up email regarding the conduct meeting outcome will be sent to the student within five (5) business days. An Outcome Notice letter will be sent to the student’s university email address. It will review the incident, the finding(s) of the student conduct conference, any assigned sanction(s), and the appeals process. If OSRR needs to investigate the matter further, the student may be requested to appear again for a follow-up meeting.

The Student Conduct Officer will then answer any last questions the student may have before concluding the student conduct meeting.

The burden of proof during the student conduct process relies on the standard of “preponderance of the evidence,” which means more likely than not that an incident occurred, or at least 50.01%. This is a different evidence standard than the criminal court system standard of “without a reasonable doubt.” The student conduct conference is not a criminal proceeding, nor does it follow the same guidelines as a criminal proceeding. A University conduct hearing is not a trial or Court of Law. Any attempt to make the hearing something else would seriously impair the educational function of the hearing, which requires open discussion rather than adversarial debate.

Several factors are taken into consideration by OSRR when determining what an appropriate sanction(s) for a student would be. The student conduct officer will examine the following:

• The nature of the violation
• Previous conduct history
• Aggravating or mitigating circumstances surrounding the violation
• Motivation for the behavior
• The developmental and educational impact of the sanction

Please refer to the Student Handbook, Student Code of Conduct, and Article VII: Sanctions for a complete list of sanctions that may be imposed for violating the Student Rules.

Your student is protected by the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. 1232g; 34 C.F.R. Part 99)

FERPA is a federal law that protects the privacy of student education records. Your student may discuss their case with anyone of their choosing. The university is restricted to discussing the issue with your student, those your student designates that we can communicate with, and those with an educational need to know, such as University administrators. If you want to speak with us concerning the specifics of your student’s case, please have a conversation with your student. They may sign a FERPA waiver to allow us to speak with you.

For security and confidentiality reasons, we do not provide information on a student’s conduct file over the phone or make any copies. If your student would like to review their conduct file with OSRR, they can schedule a meeting by calling (210) 784-1353.

If you want a copy of your student’s file, you may submit a Public Information Request to the Public Information Officer Here.

Parents or guardians may be contacted only if there is a case of emergency, which may include hospitalization, criminal actions leading to jail time, incapacitation, death, etc.

Parents or guardians are not contacted regarding allegations of the Code of Conduct. OSRR only directly gets the student through university email and those who may be directly involved. The student decides to provide that information to their parents or guardians. If the student signs a FERPA waiver with the university and the parent or guardian directly contacts OSRR, we may be able to provide information regarding alleged violations.

Please notify OSRR three (3) days before the scheduled conduct meeting regarding the required accommodations.

Your student’s conduct conference focuses on your student and their behavior during a particular incident. The incident in question will be the main focus of the conduct conference. Still, the student must report any other student(s) involved in a possible code violation. Any student can be brought in again if an investigation finds additional information or another conduct violation allegedly occurred.

Students have a right to be accompanied by one advocate, as stated in the Student Rights in the Conduct Process and the Student Handbook. The request must be provided in writing at least three (3) business days before the scheduled hearing to have an advocate present, and the student must sign a release form. The availability of an advocate should not hamper the timeliness of the conduct hearing.

According to the Advocate Request Form attached in the Notice to Appear, advocates are not permitted to represent on the student’s behalf at a University conduct meeting. Except in Civil Rights or Title IX Cases, the selected individual may not be an individual and/or student that is or may be charged due to the same or similar fact pattern. The advocate is limited to advising the student and may not present the case, question relevant parties, or make statements during the proceedings.

Your student can appeal a conduct decision within five (5) university business days from when the conduct outcome notice email was sent. An appeal of the conduct decision must be based on four factors:

• Substantial new evidence was not available at the time of the original findings of responsibility;
• Violation of due process;
• The sanction is not commensurate with the offense;
• The result of guilt is inconsistent with the factors presented by the respondent.

The appeals process information will be shared with the student in the conduct meeting outcome email. The findings and sanctions will stand if the student does not appeal the conduct decisions.