Students’ Code of Conduct and Disciplinary Procedures

The educational process at Texas Chiropractic College is designed not only to teach the technical skills necessary for successful practice, but also to develop the professional image and attitude of a health care provider. It is important to remember that the purpose of this code is to create an environment in which all students have the best chance to learn, to study, and to grow, not only as scholars but also as health care providers in society. To this end, any action unbecoming of a doctor and which violates the rules of the College, or the laws governing the practice of chiropractic as set forth in The Texas Administrative Code and the Texas Occupations Code, will be grounds for disciplinary action as described in this Code of Conduct.

Students charged with violating Texas Chiropractic College’s Student Code of Conduct are subject to the College’s formal disciplinary procedure which includes evaluation of the charge by a Disciplinary Committee. Where a student is found to have violated the Code, the Disciplinary Committee will impose discipline as provided in this Code.

Prohibited Conduct

The following are examples of offenses by a student or student organization that are subject to the College’s formal disciplinary procedures. The types of prohibited conduct set forth in this Code are not intended to be all-inclusive or to limit the types of conduct that may subject a student to the College’s disciplinary procedures. Reports of Title IX and related violations covered by the College’s Sexual Misconduct Policy will not be reviewed under this Code but will be accepted by the Dean of Student Affairs (“DSA”) and then forwarded to the Title IX Coordinator or other appropriate office for review.

1. All forms of dishonesty, including but not limited to cheating, plagiarism, fraud, and misrepresentation.
   1. Cheating is defined as the act of intentionally and purposely obtaining and/or distributing exams, questions copied from exams, and/or homework assignment solutions prior to, during, or after the examination or assignment is completed, unless such materials are purposefully provided by the instructor for the class. Examples of cheating include (but are not limited to):
      1. Looking at someone else’s examination/quiz/assignment paper to obtain the answer from another student.
      2. Possessing/obtaining information regarding questions from an exam/quiz/assignment prior to said assessment without the knowledge of the professor.
      3. Giving or receiving answers to test questions and/or assignment questions to/from another individual when not authorized by the professor.
      4. Knowingly buying, selling, using, stealing, transporting or soliciting in whole or in part, the contents of confidential test information or homework assignment solutions.
   2. Plagiarism is defined as the act of copying for the express purpose of passing off the work of another individual or group as their own work. Examples of plagiarism include (but are not limited to):
      1. Using unique words, extended passages or original ideas taken from a published source in a written exercise without acknowledgment of the source(s) through appropriate documentation (i.e. citation), including the use of Artificial Intelligence (“AI”) software.
      2. Presenting another’s research (in whole or in part) and/or another’s original idea as if it were one’s own.
      3. Taking or attempting to take credit for work done toward the completion of an individual or group assignment when the work was accomplished by others or taking credit disproportionate to the actual contribution.
   3. Dishonestly includes, but is not limited to:
      1. The filing of complaints found to be frivolous and/or malicious in nature and otherwise without substance.
      2. Providing fraudulent or otherwise intentionally inaccurate or deceptive information to faculty members or other College personnel, verbally or in written/electronic formats.
2. Criminal conduct, to include:
   1. Conviction of a criminal act (misdemeanor or otherwise) and/or failure to report a criminal conviction within 10 business days.
   2. Theft of, or intentional damage to, College equipment or property or the property of any person on College premises or at any school functions.
   3. The use, sale, or possession on College premises of substances that are prohibited by local or federal law.
   4. Unauthorized entry into College buildings, rooms, or facilities.
3. Endangerment, Unwelcome Physical Contact, Abuse, and Assault
   1. Intimidation, abuse, or threat of bodily harm toward any person on the College premises or at any College function
   2. Conduct that threatens or is likely to endanger the health or safety of any person on College property or at College-sponsored and supervised functions, including physical abuse or assault, fighting, threats to use force, and acts of intimidation.
   3. Action(s) that endanger the health, safety, or well-being of another person or group.
   4. Interference with the freedom of another person to move about in a lawful manner or to participate in the activities and programs of the College.
   5. Physical contact with another when the actor knows or reasonably should know that the other person will regard the contact as offensive or provocative.
   6. Abusive or disrespectful conduct towards any person on the College premises or at any College function.
   7. Inappropriate use of email including abusive or confrontational language and conversations.
4. Harassment, Discrimination, and Retaliation
   1. Harassment of any person on the College premises or at any College function.
      1. “Harassment” as used in this section refers to repetitive or persistent conduct that goes beyond annoyance, frustration, or offensiveness. The actions must be severe or pervasive, and the effect of the conduct must be to deny or impair a student’s ability to participate in or benefit from the College’s activities, programs, or services. The term “harassment” as used in this section generally excludes acts or decisions of College officials in the performance of their duties (e.g., assignment of a low grade, denial of financial aid), or an official's inquiries about the student’s conduct.
      2. Harassment includes conduct that is physical, verbal, graphic/visual, written, or electronic such as persistent and unwelcome communications by telephone, in writing or by electronic device, including social media cyberbullying, in a manner that is reasonably likely to threaten, harass, annoy, alarm, abuse, torment, or embarrass.
      3. Harassment may be threatening or intimidating (e.g., physical assault or stalking) or it may be distracting and disruptive (e.g., persistent attempts to prevent someone from studying; flashing a light in someone’s eyes; humiliating but non-threatening practical jokes).
   2. Discrimination against any person on the College premises or at any College function.
      1. “Discrimination” as used in this section means treating an individual or group adversely (for example, denying rights, benefits, equitable treatment, or access to facilities or groups open to all others) based on protected characteristics.
      2. For purposes of this Code protected characteristics include the following: race, color, religion, sex, gender, age, sexual orientation, pregnancy, national origin, physical or mental disability, veteran status, genetic information, gender identity, gender expression or any other status protected under applicable federal, state, or local law.
   3. Retaliation against anyone who opposes or reports a perceived wrongdoing, inequity, or violation of law or College policy, files a complaint alleging illegal or prohibited discrimination or violation of law or College policy, participates in a College grievance or response procedure, or participates in a College dispute resolution process.
5. Hazing
   1. Hazing is defined as any intentional, knowing, or reckless act, occurring on or off the campus of an educational institution, by one person alone or acting with others, directed against a student, that endangers the mental or physical health or safety of a student for the purpose of pledging, being initiated into, affiliating with, holding office in, or maintaining membership in any organization whose members are/or include students at an educational institution.
      1. The term includes but is not limited to: any type of physical brutality, such as whipping, beating, striking, branding, electronic shocking, placing a harmful substance on the body, or similar activity; 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; any activity involving consumption of a food, liquid, alcoholic beverage, liquor, drug, or other substance which subjects the student to an unreasonable risk or harm or which adversely affects the mental or physical health or safety of the student; any activity that intimidates or threatens the student with ostracism, that subjects the student to extreme mental stress, shame, or humiliation, or that adversely affects the mental health or dignity of the student or discourages the student from entering or remaining registered in an educational institution, or that may reasonably be expected to cause a student to leave the organization or the institution rather than submit to acts described in this subsection; any activity that induces, causes or requires the student to perform a duty or task which involves a violation of Texas Penal Code 51.936 and Texas Education Code 37.151.
   2. A person commits a hazing offense if they engage in hazing; solicits, encourages, directs, aids, or attempts to aid another in engaging in hazing; intentionally, knowingly, or recklessly permits hazing to occur, or has firsthand knowledge of the planning of a specific hazing incident involving a student in an educational institution, or firsthand knowledge that a specific hazing incident has occurred, and knowingly fails to report said knowledge in writing to the Dean of Student Affairs or other appropriate official of the institution.
   3. An organization commits a hazing offense if the organization condones or encourages hazing or if an officer or any combination of members, pledges, or alumni of the organization commit or assist in the commission of hazing.
   4. It is not a defense from prosecution of an offense that a person against whom the hazing was directed, consented to or acquiesced in the hazing activity.
   5. In accordance with Texas Education Code Section 37.155, individuals who voluntarily report a specific hazing incident before being contacted by the institution or law enforcement, and who cooperate in good faith with any investigation, are granted immunity from civil and criminal liability related to the reported incident. Individuals who are not acting in good faith, who report the incident only after being contacted by the institution or law enforcement, or who are found to have planned, initiated, or carried out the hazing, are not eligible for immunity. Additionally, any person subpoenaed to testify in a hazing prosecution who testifies truthfully is granted immunity from prosecution for the hazing offense.
   6. Examples of actions and activities that are explicitly prohibited include, but are not limited to, the following:
      1. Compelling individuals to consume alcohol or drugs
      2. Paddling in any form, shoving, or otherwise striking individuals
      3. Compelling individuals to engage in sexual behaviors, sexual or racial harassment or slurs, or exhibitionism
      4. Compelling individuals to wear or carry unusual, uncomfortable, degrading, or physically burdensome articles or apparel
      5. Depriving individuals of the opportunity for sufficient sleep, decent edible meals, or access to means of maintaining bodily cleanliness
      6. Activities which impair an individual’s academic efforts by causing exhaustion, loss of sleep, or loss of reasonable study time, or by preventing an individual from attending class
      7. The creation of excessive fatigue by participation in physically demanding activities (calisthenics, runs, etc.)
      8. Compelling individuals to eat or drink unusual substances or compelling the consumption of undue amounts of odd preparations of food
      9. Having substances thrown at, poured on, or otherwise applied to the bodies of individuals
      10. Morally degrading or humiliating games or any other activities that make an individual the object of amusement, ridicule, or intimidation
      11. Transporting individuals against their will, abandoning individuals at a distant location, or conducting any “kidnap,” “ditch,” or “road trip” that might in any way endanger or compromise the health, safety, or comfort of any individual
      12. Causing an individual to be indecently exposed or exposed to the elements
      13. Causing an individual to remain in a fixed position for a long period of time
      14. Compelling an individual to be branded or tattooed
      15. “Line-up” involving intense, demeaning intimidation or interrogation, such as shouting obscenities or insults
      16. Compelling individuals to participate in activities (pranks, scavenger hunts, etc.), which encourage the defacement of property, engage in theft, harass other individuals, groups of individuals, or organizations, or disrupt the normal activities of the College
      17. Tests of courage, bravery, stamina, or sexuality
      18. Intentionally deceiving new members, prior to initiation, to make them believe that they will not be initiated
      19. Intentionally deceiving members (pledges, associates, etc.) to make them believe that they will be struck or hurt
      20. Excluding an individual from social contact for prolonged periods of time
      21. Compelling an individual to engage in acts of personal servitude
6. To comply with the Campus Stop Hazing Act, Texas Chiropractic College provides annual, mandatory online hazing prevention training for all students. The training covers how to recognize, prevent, and report hazing. Additional educational resources from HazingPreventionNetwork.Org and StopHazing.Org are available on the College website. Training participation is tracked by the Office of Student Services.
7. Conduct Not In Accordance with the Generally Accepted Standards of the Chiropractic Profession
   1. Representation of oneself as a doctor prior to licensure.
   2. The administration of chiropractic adjustments or other chiropractic services outside the classroom or clinic setting prior to licensure (practicing without a license).
   3. Any action unbecoming a doctor OR that violates rules of the College.
   4. Performance of adjustments (high velocity low amplitude thrusts) when not supervised, in person, by a faculty member with a DC license as part of the regular school curriculum.
   5. Violation of Alcohol and Drug Use Policy.
   6. Violation of the Clinic Code of Conduct (see Division of Clinics Handbook and Manual)
8. Disruptive Behavior
   1. Intentional disruption of College activities or any other College function. This includes conduct that impairs, interferes with, or obstructs the orderly educational processes and functions of the College, including teaching, studying, research, College administration, public-service functions, and extracurricular activities.
   2. Failure to comply with directions of College officials acting in the performance of their duties and within the scope of their authority.
   3. Eating and drinking in classrooms and other prohibited areas as designated by policy or signage.
   4. Smoking anywhere on campus (any form of tobacco to include smoking or e-cigarettes, vaping, and chew).
   5. Parking in reserved parking spots.
9. The Unauthorized Possession or Use of Fireworks, Firearms, Explosives, Weapons
   1. Possession, use, or storage of weapons, fireworks, or explosives on the College premises or college-sponsored events.
   2. The possession or use of non-operational or model weapons having the appearance of an actual weapon, firearm, firework, or explosive is also prohibited.
10. Using the College word mark or name on posters, stationary, clothing, etc. without written permission.
11. The use of any device to take photographs, record audio, or record video of any activity, person, or physical material on college premises or college-sponsored events on or off-campus without prior approval of the person being recorded or Office of Student Services. Photographs and audio/video recordings of campus social events and ceremonies, such as graduation, alumni events, and receptions, are permitted as long as the photographs or recordings are for personal use.

Complaint Procedure

The Dean of Student Affairs (“DSA”) will accept reports from anyone with knowledge of potential violations of the Code of Conduct. Reports should be in writing and submitted as soon as possible after an incident occurs, but no later than 10 days after the occurrence of the incident. Reports will be accepted beyond this time period on a case-by-case basis upon consideration of the particular circumstances and reason for delay.

Following receipt of a conduct report, the DSA, or designee, will follow the steps below:

1. The accused student will be notified of the report and may provide a written response to the DSA within five (5) days.
2. If, in the DSA’s discretion, an informal resolution is appropriate, the DSA will offer the accused student the
   opportunity to resolve the report informally. If the informal resolution is successful, the report will be closed.
3. If the informal resolution is not successful, the DSA will investigate the allegations within the report by interviewing the accused student and others with relevant information. The DSA will interview individuals based on the specific information each witness has to contribute to the issues and whether such information is original or repetitive. The DSA will review all documents provided and obtained during the investigation and draft a Report of Investigation which will not include any conclusions. The accused student will be provided a copy of the Report and the opportunity to provide a written response within five (5) days.
4. The DSA will then form a Disciplinary Committee to hear the case. The Disciplinary Committee will be comprised of five (5) members and may include faculty, staff, and/or students in leadership positions on campus, with a faculty member designated as the Chair. The Chair's role is that of a nonvoting member, except in the event of a tie. All documentation received by the DSA and the Report will be submitted to the Committee Chair.
5. The accused student and/or reporting individual may request a meeting with the committee. If more than one (1) meeting is required to hear and deliberate the case, ALL meetings must be held within five (5) days of the initial hearing.
6. Following the hearing, the Disciplinary Committee will deliberate and determine whether or not the evidence supports finding that the accused student has committed a violation of the Code. The standard of proof is preponderance of the evidence. This means the Committee’s determination shall be made based on whether it is “more likely than not” the accused student violated the Student Code of Conduct. If the Committee determines by a preponderance of the evidence that the accused student has violated one or more provisions of the Code, the Committee will impose appropriate sanction(s), in accordance with Section 3.3, below.
7. The Committee Chair will then submit the committee’s written decision and disciplinary determination, if applicable, to the DSA within five (5) days. The DSA will forward the findings to the accused student and TCC administration (as appropriate).

For the purposes of these processes, a “day” is defined as a regular College business day while classes are in session. Upon a showing of good cause, or upon the mutual agreement of the parties, all deadlines above may be extended as appropriate and necessary.

In instances where the DSA is implicated in the complaint, files the disciplinary report, or is otherwise unavailable, a
replacement will be named by the Associate Vice President (“AVP”) to assume the DSA’s duties under this Code. 

The DSA reserves the right to impose an immediate removal of a student from campus while an investigation is being conducted if the DSA perceives the student to be a risk to the campus community.

Disciplinary Action

Students found to have violated the Student Code of Conduct may be subject to discipline. Disciplinary sanctions and remedies will be based upon the seriousness of the offense, the student’s demeanor, cooperation, and attitude, the impact of the misconduct on the College environment, the student’s overall record at the College (including prior discipline, if any) and statutory or other legal requirements, if any. Possible disciplinary sanctions and remedies include, but are not limited to:

1. Reprimand: Reprimands are typically given for minor infractions, such as infractions that do not endanger others or call into question the student’s fitness for licensure, and are intended to serve as a warning that further similar behavior may subject the student to a more severe penalty.
2. Disciplinary Probation: Disciplinary Probation is typically given for more serious infractions and/or repeated reprimands for the same or similar conduct. Disciplinary Probation is noted by a letter in the student’s file as an indication that further behavior in violation of the College’s Code of Conduct will lead to one of the next two levels of disciplinary actions.
3. Disciplinary Suspension: When under Disciplinary Probation, the student is prohibited from attending any classes, clinic duties, school activities, and/or from being on campus for a minimum of one trimester. In determining the length of a disciplinary suspension, the Disciplinary Committee will consider, among other factors, whether the student has previously been issued a disciplinary probation and whether the Committee intends to impose additional sanctions and, if so, the time needed to complete those sanctions. The student will also receive a grade of WF (Withdraw Failed) from one or more courses, and a letter will be placed in the student’s file.
4. Disciplinary Expulsion: After being issued a Disciplinary Expulsion, the student is permanently dismissed from the College, with the penalty being noted on the student’s transcript.

Other discipline may be imposed instead of, or in addition to, those listed in this section. These include but are not limited to: restitution, community service, assignment of educational projects, suspension of privileges, removal from courses or activities, counseling, failing grade(s), restrictions on access, and no-contact orders.

Appeal

Written appeals of decisions of the Disciplinary Committee must be filed with the DSA or their designee within five (5) days from the date the party was provided notice of the complaint process. If no appeal is received, the report will be considered resolved.

The grounds for appeal may be based only upon the following:

1. The conduct policy and/or procedure were not adhered to, and such deviation could have a substantial influence on the case's outcome or might have led to a different determination.
2. New or relevant information, not available at the time of the investigation or hearing, has arisen that would significantly impact the outcome of the case.

Appeals will be forwarded to the Appeal Board, which is comprised of the Associate Vice President, Chief Academic Offer, and Chief of Clinics. The Board will review the information considered by the committee and additional information or documentation submitted with the appeal, if any. The Appeal Board then has ten (10) days to make a final ruling. The Appeal Board decision is final.

Notes

TCC Administration reserves the right to take immediate action on a complaint in extreme situations by passing this committee system.

ALL official communications for these processes will be conducted through the TCC’s email system.

The highest level of confidentiality will be upheld by the Disciplinary Committee and all individuals involved in the incident. Information will only be divulged to those who are involved in the investigation relevant to the need for information covered during the process. Breach of confidentiality by any person involved in the Disciplinary Committee or the process of that committee will be subject to disciplinary action.