My question involves education law in the State of: Texas
I am seeking what is the interpretation of an University's Attendance Policy. Below is the actual University Policy itself, it applies to all students and was voted approval by the Faculty Senate, endorsed by the Faculty Senate, and approved by the President. It's last update was on July 2003 and has been in effect since that date.
"1. Regular and punctual attendance in classes is expected by the University.
2. Responsibility for class attendance rests with the student.
3. In general, students will be graded on the basis of intellectual effort and performance, not on class attendance. It is recognized, however, that in some classes the student's grade must be based wholly or in part on class participation as, for example, in physical activity classes, musical performing groups, and certain seminars, and thus absences may lower the student's grade. In such cases the instructor shall make his expectation of attendance clear at the beginning of the semester by means of a written notice.
4. In accordance with state law, a Student absent due to the observance of a religious holiday may take examinations or complete assignments scheduled for the days missed, including those missed for travel, within a reasonable time after the absence. Students should notify the instructor in each course of the date of the anticipated absence as early in the semester as possible. Only holidays or holy days observed by a religion whose place of worship is exempt from property taxation under Section 11.20 of the Tax Code may be included. A student who is excused under this provision may not be penalized for the absence, but the instructor may appropriately respond if the student fails satisfactorily to complete the assignment or examination.
5. Absences of students due to participation in university-sponsored activities, such as athletics, debate, musical organizations, AFROTC, class field trips, etc., must be authorized by the student's academic dean. Within three days after the absence, students must obtain authorized absence cards from the Dean of Students for presentation to their instructors.
6. Students who have been issued authorized absence cards or who have made other satisfactory explanation of absence to the instructor shall, when practicable, be given an opportunity to make up the work missed. If it is not feasible for the student to make up the work, some allowance shall be made in order that the student is not penalized.
7. Any instructor who so informs students in writing about the necessity of class attendance may request of the Registrar that a student be dropped from the course with a grade of WF upon the accumulation of the stated number of absences. Departments and similar academic units have authority to establish a department-wide or course-wide attendance policy, so long as the policy is in accord with the above stipulations."
Suppose that there is a particular class/course at that University who's professor or instructor had ONLY given students written notices through that classes official course syllabus, and that there is no provision throughout the syllabus that states in writing the possible deduction of points due to attendance issues and that in fact the attendance section of the course syllabus in its entirety consists of ONLY the following:
“Absenteeism Is Discouraged. I expect prompt and regular class attendance from all students. An “absence” is defined as missing all of a class, or part of a class either before or after a class break. If you have more than two unexcused absences from class, the instructor has the right to drop you from the course with a grade of WF. Time conflicts caused by work schedules or other outside activities do not constitute an official excuse from attending class.”
Would this strictly fall under part 7 provision of the University's attendance policy or would this be enough to constitute as an instructor or professor making his expectation of attendance clear at the beginning of the semester by means of a written notice in such a way that would be distinguished and differentiated enough to fall under part#3 and allow the instructor to deduct points due to attendance issues?