Student hits back at UTSA on virus
Two days before the fall semester’s start in August, a University of Texas at San Antonio student is alleged to have hosted a fraternity party attended by as many as 40 people at an off-campus residence.
UTSA later moved to suspend the student — sophomore communications major Gregory N. Rincón II — for parts of the fall and spring semesters for violating “community COVID-19 guidelines.”
With a Nov. 12 deadline looming to either agree to the school’s sanctions or request a hearing before a university officer, Rincón instead sued UTSA for violating his constitutional rights.
Twelve minutes after the school’s noon deadline, state District Judge Mary Lou Alvarez granted Rincón an emergency temporary restraining order that prevents the university from imposing any sanctions against him pending a hearing on a temporary injunction.
That hearing, originally scheduled for Wednesday, has been reset for Dec. 15.
Rincón, 19, is represented by his father, Pearland lawyer Gregory Rincón.
“The university has no ability to regulate what a student does outside of their campus at a private home when the semester is not in session,” the elder Rincón said in an interview. “The university is overreaching.”
The lawyer disputed that his son hosted a “fraternity event,” calling it “pure speculation” BYUTSA. He referred to it as a “party” at least twice during the interview.
UTSA joins other colleges around the country that have clamped down on students who are alleged to have not followed health and safety guidelines during the pandemic.
According to a summary of Rincón’s alleged violations of UTSA’S Student Code of Conduct, he was found to have hosted a Tau Kappa Epsilon event Aug. 22 at his residence.
“Alcohol was present and
provided to underage individuals at this event,” the summary states. “You falsified information regarding the planning of this event.”
The underage drinking didn’t prompt the university to take disciplinary action. Rather, it was allegedly failing to follow COVID-19 guidelines that got Rincón in trouble.
UTSA spokesman Joe Izbrand said it doesn’t comment on pending litigation.
“That said, it is important to knowthat the health and safety of our students is our top priority,” Izbrand said. “Additionally, we have great confidence in the integrity and validity of our Student Code of Conduct and the processes related to it.”
The COVID-19 guidelines the university says Rincón failed to
follow weren’t specified by UTSA in the findings it presented to him.
His father, however, cited Bexar County Judge Nelson Wolff’s Aug. 12 executive order that prohibits large gatherings of 10 or more people — whether indoors or outdoors — to limit the spread of the coronavirus.
Wolff’s order only allows for a penalty at commercial establishments, not private residences, that are in violation, the elder Rincón said. The first violation triggers a warning. Each subsequent violation is punishable by a fine of up to $250.
The city of San Antonio issued a similar order that prohibits outdoor gatherings of more than 10 people. Violations can result in fines of up to $1,000.
The elder Rincón didn’t know if his son’s house is within city limits.
“The university wants to penalize my client without giving him a warning,” the attorney said. “And it’s not a light penalty. It’s a detrimental penalty. They want to suspend him effective immediately.”
The Student Code of Conduct violates a student’s “due process rights” to be presented with evidence and confront witnesses, the attorney said. It also is violating his right to assembly, an amended complaint states.
The elder Rincón said he understands the university wants to avoid “a superspreader event.”
“I get that,” he said. “Well, then, what did you do to the other people that were in attendance at that party? I don’t know that they’re attempting to suspend any other student … who attended that party. I know the three other roommates of my son are not being suspended as a result of this gathering at their home.”
All of the students in attendance would have been suspended if the university was truly concerned about their health and safety, the lawyer said.
The university is attempting to “selectively punish” Rincón, the complaint says.
In addition, the attorney wants UTSA to show proof it informed students of changes to the Student Code of Conduct relating to COVID-19.
An email included as an exhibit with the original lawsuit shows university officials contacted the younger Rincón about COVID-19 guidelines on Sept. 9 — more than two weeks after the event. He received another email Oct. 21 notifying him that he had not yet completed training covering the school’s public health practices.
Had Rincón waived a disciplinary hearing, the school would have suspended him for the remainder of the fall semester. He would not receive credits for the course he paid for, his lawsuit says.
In addition, the suspension would extend until March 3 of the spring semester, resulting in him missing about five weeks of classes.
Rincón “will suffer significant financial loss, not only in tuition and fees, but in (his) privately owned off-campus housing, as (he) would likely be required to relocate to attend a different university so as not to lose any more precious time in pursuit of his college degree,” his suit adds.
The underage drinking didn’t prompt UTSA to take disciplinary action. Rather, it was allegedly failing to follow virus guidelines that got Rincón in trouble.