FM(LEGAL) - DISCIPLINE AND PENALTIES

Authority

Disciplinary Procedure

Continuation of Disciplinary Process

Sexual Harassment, Sexual Assault, Dating Violence, and Stalking Allegations

Procedural Protections

  1. Provide to the student and the alleged victim a prompt and equitable opportunity to present witnesses and other evidence relevant to the alleged violation during the disciplinary process;
  2. Ensure that both the student and the alleged victim have reasonable and equitable access to all evidence relevant to the alleged violation in the institution's possession, including any statements made by the alleged victim or by other persons, information stored electronically, written or electronic communications, social media posts, or physical evidence, redacted as necessary to comply with any applicable federal or state law regarding confidentiality; and
  3. Take reasonable steps to protect the student and the alleged victim from retaliation and harassment during the pendency of the disciplinary process.

Education Code 51.286; 19 TAC 3.10

Prohibition on Discipline of Students Who Report

Students Who Withdraw or Graduate Before Process Complete

  1. May not end the disciplinary process or issue a transcript to the student until the institution makes a final determination of responsibility; and
  2. Shall expedite the institution's disciplinary process as necessary to accommodate both the student's and the alleged victim's interest in a speedy resolution.

Education Code 51.287(a); 19 TAC 3.11(a)

Request by Other Institution

Definitions

Dating Violence, Sexual Assault, and Stalking

Sexual Harassment

  1. In the employment context, unreasonably interferes with a person's work performance or creates an intimidating, hostile, or offensive work environment; or
  2. In the education context, is sufficiently severe, persistent, or pervasive that the conduct interferes with a student's ability to participate in or benefit from educational programs or activities.

Education Code 51.251(5), .281(4); 19 TAC 3.3(e)

Expulsion of Certain Foreign Students

Collin College

FM(LEGAL)-LJC

UPDATE 38

DATE ISSUED: 5/13/2020