Student Conduct Process

Violations

Abuse of student conduct system to include but not limited to providing false information during the student conduct process and/or not completing sanctions within allocated time period.
Abuse of safety equipment to include but not limited to tampering with or engaging fire alarms, extinguishers or smoke detectors.
Acts of dishonesty to include but not limited to furnishing false information to University officials or forgery of any University document. For academic dishonesty, refer to Academic Dishonesty Procedures.
Alcohol the use, possession or distribution of alcoholic beverages or paraphernalia.
Computer Misuse- Refer to Acceptable Use of Technological Resource Policy.
Conduct that threatens or endangers the health or safety of any person including one's self.
Gambling for money, in any form on University property.
Dating Violence
Domestic Violence
Drugs the use, possession or distribution of illegal drugs or misuse of prescription drugs and other controlled substances or drug paraphernalia.
Disruptive behavior that interferes with University sponsored events/activities; teaching, learning, administration, research; and/or University operations.
Failure to comply with directions of University employees or law enforcement officers.
Harassment to include but not limited to bullying/cyber-bullying, intimidation and/or hate crimes.
Hazing- Hazing includes, but is not limited to any situation which: creates a risk of physical injury; causes embarrassment and/or discomfort; involves harassment and/or humiliation; causes psychological or emotional distress; involves degradation and/or ridicule of an individual or group; involves or includes the willful destruction or removal of public or private property; involves the expectation that new/perspective members will participate in an activity, but full members will not.
Obscene behavior to include but not limited to public sexual acts or indecent exposure.
Retaliation against any person or group who makes a complaint, cooperates with an investigation, or participates in the resolution process.
Sexual misconduct - Refer to BOV Policy # 5 (2017) Sexual Misconduct Policy. Allegations of sexual misconduct, sexual harassment, or interpersonal violence that falls under the scope of BOV Policy#5, Title IX: Sexual and Gender Based Harassment and Other Forms of Interpersonal Violence, are not investigated and adjudicated under the procedures for the Code of Student Conduct. Please refer to the Title IX Handbook for additional information.
Stalking is when a person, on more than one occasion, engages in any behavior or conduct directed at another person with the intent to place that other person in reasonable fear of harm, death, criminal sexual assault, or bodily injury to that person or to that person's family or household member. Cyber-stalking is form of stalking or harassment that involves the intentional act of using the Internet to cause someone emotional distress
Theft includes the use, removal or possession of University/individual property without entitlement or authorization.
Threatening behavior whether written or verbal, towards any member of the University community that causes an expectation of injury or implies a threat to cause fear.
Unauthorized access or entry to any University building.
Unauthorized recording and/or distribution to include but not limited to pictures, audio or videos of any person without their explicit permission or consent.
Weapons-Refer to Violence Prevention Policy.
Vandalism includes but is not limited to destroying or damaging University property or property of another person.
Violence to persons includes but is not limited to intentionally or recklessly causing harm to any person.
Violating federal, state or local laws that legitimately affect the University's interest.
Violating any published Board of Visitors or University policies or rules.

Students who are suspended, expelled, or removed from University Housing due to conduct reasons are ineligible for refunds.

Suspended and expelled students are still responsible for all tuition and fee charges in accordance with published payment information. Students removed from University housing shall remain liable for all housing and meal plan fees and are not eligible for refunds.

Procedures

The below procedures provide a general overview of student conduct proceedings; however, these procedures are flexible based on the severity of the situation.

Any member of the University community may file a report against a student or student organization for violations of the Code of Student Conduct. All allegations should be submitted through an online incident report form or student summons (NSU Police Department). The student conduct officer may act on notice of a potential violation whether a formal report is made.

Students should be aware the criminal (Police) and student conduct (University) processes are separate but may occur concurrently.

Informal Resolution

Step 1. Investigation

Upon receipt of the incident report, a student conduct officer will begin an investigation that will include interviews of the respondent, the complainant and/or others as necessary. Additionally, all documentary and physical evidence will be obtained and reviewed. Upon completion of the investigation, the following may occur:

The student conduct officer determines there is insufficient information and the case is closed.
The student conduct officer determines there is sufficient information and proceeds with scheduling a conduct conference (step 2).

Step 2. Notification

The respondent will receive a formal complaint of a violation through written notice. The notice will be delivered by one or more of the following methods: emailed to the student's University-issued account and/or mailed to the permanent address according to the University's record. The letter of notice will include:

The reported violation(s) citing the Code of Student Conduct.
The date, time, and location of the conference.
The rights of the respondent.

Step 3. Conference

During the conference, the student conduct officer will present the findings to the respondent. As a result, the following may occur:

The respondent is found not responsible and the case is closed.
The respondent accepts responsibility and/or the findings for the violation and the student conduct officer imposes sanctions./li>
The respondent denies responsibility and/or rejects the findings for the violation but has the right to appeal the decision and sanctions imposed by the student conduct officer to the Dean of Students.
The respondent denies responsibility for the violation and/or rejects the findings and the misconduct could result in expulsion, suspension and/or removal from housing. The student may request the case to be heard by the Student Conduct Board for formal resolution through an administrative hearing, rather than submitting an appeal for review to the Dean of Students.

A respondent placed on interim suspension may request to have their case heard by the conduct officer through a conduct conference or referred to the Student Conduct Board.

The student conduct officer, at his or her discretion, may refer a case to the Student Conduct Board for resolution.

If the respondent fails to attend the conduct conference, the student conduct officer may render a decision based on the evidence available. The respondent will then forfeit their right to appeal the decision and/or sanction(s) imposed by the student conduct officer.

Formal Resolution

The University has established appropriate student conduct panels to provide hearings concerning reported violations of the Code of Student Conduct that could result in expulsion, suspension and/or removal from housing.

1. Notification

A notice will be made in writing and delivered by one or more of the following methods: emailed to the student's University-issued email account; mailed to the permanent address according to the University's record. The letter of notice will include:

The reported violation(s) citing the Code of Student Conduct.
The date, time, and location of the hearing.
The rights of the respondent.

2. Hearing

The student conduct officer will schedule a hearing with the student conduct panel no more than ten (10) business dates after the conduct conference. This may be extended when reasonably necessary. If the respondent wishes to request a delay, he/she must notify the student conduct staff within two (2) business days of the scheduled hearing.

The student conduct panel for each hearing will be composed of five (5) members from the University to include employees and students. Each student conduct panel must include at least three (3) students. All members of the student conduct panel will be selected from the student conduct board and participate in mandatory training covering all aspects of the conduct process. Members of the University must apply to become a member of the student conduct board. Students serving must be in good academic standing with no serious conduct violations at the University. All appointments are subject to approval by the dean of students or designee and serve one-year renewable terms.

The Chief Justice or designee will serve as the chair for each hearing panel. The chair of the panel will conduct hearings according to the following guidelines:

Hearings are closed to the public.
Hearings are tape-recorded; however, deliberations of the hearing panel will remain private.
Incidents involving more than one respondent, the panel will jointly conduct a hearing. Separate findings will be made for each respondent. At the discretion of the student conduct officer, individual hearings may be permitted.
The complainant, respondent and advisors will be allowed to attend the entire portion of the hearing except for the deliberation and findings. Only in cases involving violence or sexual misconduct, as it relates to Title IX, will the complainant be advised of the outcome.
All parties will have the privilege of questioning witnesses. Witnesses will only attend the portion of the hearing in which they are presenting information.
Advisors are not permitted to speak or participate directly in any student conduct hearing unless permitted by the chair of the panel.
The panel may only rely on oral and written statements of witnesses and written reports/documents.
After the hearing, the panel will determine, by majority vote, using a preponderance of the evidence (whether it is more likely than not) the respondent violated the Code of Student Conduct and recommend sanctions. The decision of the Student Conduct Panel is final.
The chair of the panel will provide a written summary of testimony, findings of facts (evidence), and rationale for the decision. This report will be sent to the student conduct officer within two (2) business days of the hearing. A written decision will be sent to the respondent within two (2) business days after receiving the hearing panel's report.

If the respondent fails to attend the hearing, the Student Conduct Board may render a decision based on the evidence available. The respondent will then forfeit their right to appeal the decision and/or sanction(s) imposed by the Board.

There are certain times of the year and possible extenuating circumstances that may remove the option of the student conduct panel. During this time, a student conduct officer will adjudicate cases. The option of a student conduct panel may be removed on the following occasions:

When the student conduct board is participating in training.
When the University is not in session.
During the final two weeks of the fall or spring semester.
During summer sessions.

Appeals

Appeal forms may be submitted online by submitting the Student Conduct Appeal Form The basis for the appeal must be one (or more) of the reasons shown above. The notice of appeal must contain, at a minimum, a statement of grounds for appeal and a summary statement of the facts supporting such grounds. Students have five (5) business days from the date of the Conduct Conference Resolution Letter to appeal the decision to the Dean of Students. No exceptions.

Upon receipt of the appeal, the Dean of Students will review and provide a written decision. The respondent may request a meeting with the Dean of Students to further discuss the appeal; however, the decision made is based on the written information submitted and is final.

Academic Matters

A formal grievance may be filed in the Dean of Students Office. Every attempt is made to ensure that the complainant has sought resolution of the grievance at the appropriate levels.

Grade Appeals
The instructor has the responsibility for evaluating coursework and determining grades; however, the student has the right to appeal a grade believed to be in error. The appeal process may involve the following steps and may be resolved at any level:

The student confers with the instructor involved.
The student and instructor (preferably together) confer with the chairperson of the department offering the course.
The student and instructor (preferably together) confer with the dean of the school in which the department is housed.
When the above steps do not resolve the issue, the student may initiate a formal written appeal through the Faculty-Student Grievance Committee to the Provost and Dean of Students Office for its review and recommendation.

Appeals should not be taken lightly by either the student or the instructor. The student is responsible for verifying the accuracy of his or her academic records. Grade appeals should be made immediately after the grade in question is received. No appeals will be considered after one year has elapsed or after graduation, whichever is earlier.

Academic Dishonesty
Cases involving academic dishonesty are immediately sent to the Faculty-Student Grievance Committee if the student denies responsibility. If the student accepts responsibility, the instructor may issue an appropriate grade sanction and notify the Dean of Students Office to place the student on probation.

If it is found that sufficient documentation is present to warrant a hearing, the Dean of Students Office will request to convene a hearing with the Faculty-Student Grievance Committee. The Faculty-Student Grievance Committee is comprised of faculty representatives from the schools and colleges.

The panel for each academic dishonesty hearing will be composed of three (3) members to include two (2) faculty and one (1) student. The chair of the panel (non-voting) will conduct the hearing according to the guidelines established for student conduct hearings. The decision of the Faculty-Student Grievance committee is final and cannot be appealed.

During the Conduct Process

Responsibilities
All students are responsible for being knowledgeable about the information contained in the Code of Student Conduct policy. Hard copies are available upon request the office for student conduct located in Suite 307, Student Services Center.

University email serves as the official communication with students. It is the responsibility of all students to maintain and monitor their University email regularly to stay abreast of student conduct proceedings.

Rights of the Accused (Respondent)

The right to confidentiality of educational records pursuant to Family Educational Rights and Privacy Act (FERPA) of 1974.
The right to be informed of the charges against him/her in writing.

The right to have a support person or advisor present during student conduct proceedings. This person may not actively participate in the hearing but may give advice to the complainant.
The right to request, in advance, a copy of the incident report.
The right to call a reasonable number of witnesses. Names of the witnesses must be provided to the Dean of Students Office at least one day prior to the hearing.
The right not to appear or to remain silent at the hearing. In the event the respondent does not appear at the hearing, after proper notification, the evidence in support of the violation will be presented, considered and adjudicated.
The right to a fair and impartial hearing.

Rights of Victims (Complainant)

The right to have a support person or advisor present during student conduct proceedings. This person may not actively participate in the hearing but may give advice to the complainant.
The right to be informed of the outcome in cases involving violence and sexual misconduct as it relates to Title IX.
The right to a fair and impartial hearing.

Sanctions

Warning: An official written notice that the student has violated the Code of Student Conduct.

Disciplinary Probation: Disciplinary probation is for a specific length of time. Mandatory conditions may be imposed and may include, but not limited to the following: loss of good standing and/or denial of the privilege to hold a position of leadership or responsibility in any University student organization or activity. If the student is found in violation of the Code of Student Conduct while on disciplinary probation, the University may impose additional sanctions.

Educational Project: The requirement to attend, present or participate in a program related to the violation. It may also require writing reflective papers.

Community Service: The requirement to complete supervised service.

Counseling Referral: The requirement to visit the Counseling Center and complete a screening within five (5) business days of the respondent's conference/hearing. Upon completion of the screening, if any additional services are recommended they must be completed within the time frame provided by the Counseling Center.

Fine: A sum imposed as a result of an offense; the sum must be reasonable and may be imposed depending on the severity of the violation.
Loss of Privilege: The denial of specified privileges for a designated period of time.

Restitution: The repayment for damage to University property or facilities; payment for damage to the property or person of a member of the University community, guests of the University, and/or other appropriate third parties; repayment of misappropriated or misused University funds. Restitution must be paid by cashier's check or money order. A disciplinary hold will be placed on the respondent's record until payment is made; however, if payment is not made by the end of the semester, the respondent's account will be charged.

University Housing Reassignment: The reassignment to another residential hall as determined by the Office of Housing & Residence Life.

University Housing Visitation Restriction: The loss of privilege to host any guests in the lobby of the student's residence hall and/or individual room.

University Housing Removal: The student's privilege to live or visit any residential hall is permanently revoked.

Suspension: Separation from the University for a specified amount of time. The student will be required to vacate the campus with 24 hours of notification of this action. During the suspension period, the student is not permitted on University property, events or activities.

Expulsion: The permanent separation of a student from the University.

Other Sanctions: Additional sanctions may be designed as deemed appropriate to the offense.

Interim Actions: The Dean of Students or designee may impose restrictions and/or separate a student from the University community pending the outcome of a hearing to protect the interests of the health, safety and welfare of the University community, or to ensure the student's safety and well-being.

These actions can include but are not limited to no-contact orders, amending a student's schedule, hall relocation and/or interim suspension. Interim suspension is the temporary separation of a student from the University. If an interim suspension is imposed, the respondent may request a meeting with the dean of students or designee to discuss the interim suspension. The Dean of Students may uphold or lift the interim suspension after meeting with the respondent; however, this decision is final. If the interim suspension is upheld, the respondent will be required to vacate the campus immediately. At the discretion of the dean of students or designee, alternative coursework options may be provided.

NOTE: A Disciplinary Hold is an encumbrance on a student's University record and will impact receipt of official transcripts, degrees, and other matters until resolved and/or completed.