Resolution of Student Conduct Charges

A. Charges of Student Misconduct: Any Member of the University Community may file charges against a Student for violations of the Student Code of Conduct. A charge shall be prepared in writing and filed with the Student Conduct Officer. Any charge should be submitted as soon as possible after the event takes place. If a charge is determined by the Student Conduct Officer (and/or the Vice President of Student Affairs’ alternate designee) to be criminal and to violate federal, state, or local law, the matter may be referred to the appropriate law enforcement agency for investigation.

B. Investigations: The Student Conduct Officer may conduct an investigation to determine if the charge has merit. At any time, the Student Conduct Officer, with the approval of the VPSA (or designee), may determine that the best course of action is to informally resolve the charge through mediation, conflict resolution, or an educational conference. Upon completion of the investigation, the Student Conduct Officer will notify the Respondent via Email; if the decision is that the charge has merit, the Respondent will also be notified by first-class U.S. Postal Service mail. The letter shall state the factual allegations, the charges, the Student Conduct Officer’s proposed informal resolution process, if not completed earlier, and a copy of the Student Code of Conduct.

C. Informal Resolution of the Charges: The Respondent shall participate in and work with the Student Conduct Officer for an informal resolution of the charge. At the conclusion of a successful informal resolution process, a written determination shall be signed by the Student Conduct Officer and Respondent, which may include any of the disciplinary Sanctions described in the Student Code of Conduct. At any time prior to signing a written determination, the Respondent can request a formal hearing as the means to resolve the complaint.

D. Failure to Reach Resolution: If the Student Conduct Officer and Respondent do not reach an informal resolution within ten (10) Working Days or if the Respondent requests a hearing, the Student Conduct Officer shall notify the Respondent in writing that the matter will be addressed through a hearing before a Student conduct board. A time for the hearing, not more than twenty (20) Working Days from the date of the decision to proceed with a formal resolution of the complaint, shall be set. Maximum time limits for scheduling hearings may be extended at the discretion of the Student Conduct Officer. Notice of the hearing may be given by Email, by first-class mail via the U.S. Postal Service with delivery confirmation to the last known address of the Student, or by personal delivery. It is the Respondent’s responsibility to maintain an updated mailing address.

E. Appointment of Hearing Boards for Formal Resolution of Charges: The Student Conduct Officer will establish a conduct hearing board. The Student conduct hearing board will have a chair and shall include at least one (1) Student and at least one (1) academic or administrative faculty member.

F. Hearing Procedures

1. In hearings involving more than one Respondent, the Student Conduct Officer has the discretion to permit the hearing concerning each Respondent to be conducted either separately or jointly.
2. The Respondent and the Student Conduct Officer are responsible for presenting their own information, introducing witnesses, and answering questions throughout the hearing. The Respondent has the right to be assisted by one advisor, who shall be either an attorney or University employee. The advisor serves as a supporter during the conduct hearing; however, the advisor has no right to speak during the hearing except to the Respondent. The Respondent must give written notice of the name and address of the advisor, and whether the advisor is an attorney, to the Student Conduct Officer at least five (5) Working Days before the day set for the hearing. An advisor will not be permitted at the hearing without such notice. The Student Conduct Officer has sole discretion to delay or reschedule a hearing to accommodate the advisor’s scheduling conflicts.
3. Parents or guardians are able to observe the proceedings but are not allowed to take an active or advisory role.
4. The Respondent and Student Conduct Officer shall exchange lists of all witnesses and provide copies of all documents which each side proposes to introduce into evidence at least five (5) Working Days prior to the hearing.
5. The Respondent(s) and advisor(s), if any, along with the Student Conduct Officer, shall be allowed to attend the entire portion of the hearing at which information is received, excluding the period of deliberations. Admission of any other person to the hearing shall be at the discretion of the Student conduct board.
6. Witnesses will be examined by the Student Conduct Officer and the Respondent. The Student Conduct Board members may ask questions of the witnesses. The burden of proof rests with the Student Conduct Officer.
7. The Student Conduct Board or Student Conduct Officer may accommodate concerns for personal safety, well-being, and/or fears of confrontation by the Complainant, the Respondent, and/or witnesses during the hearing or during the informal resolution process by providing the opportunity for the Student Conduct Officer to receive pertinent information and to conduct conversations for the resolution of the case using methods other than requiring both parties to be present in the same room at the same time. Options may include use of a visual screen, participation by videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means as determined by the Student conduct board in the case of formal hearings and the Student Conduct Officer in the case of an informal resolution process.
8. Either party may present pertinent written statements, records, or other information to the Student conduct board. The Student Conduct Officer bears the burden of proof. The standard is preponderance of the evidence. The formal rules of evidence in court shall not apply; however, irrelevant or unduly repetitious evidence shall be excluded.
9. To the extent consistent with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. section 1232g, the hearing, except for deliberations, shall be taped or digitally recorded. Upon request by the Student, a written transcript will be provided at the Student’s expense. Personally identifiable information pertaining to other Students will be redacted. The record shall be the property of the University, and will be maintained with the Student’s conduct records by the Student Conduct Officer.
10. Hearings shall be conducted in private, unless the Respondent requests an open hearing.
11. If a Respondent, with notice, does not appear at a hearing, the information in support of the complaint shall be presented, considered, and acted upon even if the Respondent is not present. Failure of the Student to appear is not evidence that the Student was responsible for or guilty of the charge of misconduct.
12. The hearing will proceed according to the University’s schedule and will not be delayed by another proceeding off campus.
13. The Student Conduct Board chair presides over the hearing, including swearing in witnesses, maintaining order, and deciding matters of admission of evidence.
14. The Student Conduct Board deliberates in closed session after the hearing has concluded, and shall determine whether the Respondent has violated the section(s) of the Student Code of Conduct alleged.
15. The Student Conduct Board’s determination shall be made on the basis of whether it is more likely than not that the Respondent violated the rules of conduct alleged.
16. If the Respondent is found not to have violated the Student Code of Conduct, the hearing is concluded. If the Respondent is found to have violated the Student Code of Conduct, the Student Conduct Board will work with the Student Conduct Officer to determine the appropriate Sanction(s).
17. The Student Conduct Officer will provide the decision(s) on the violation and, if appropriate, for Sanctions to the Student Conduct Officer and to the Student within five (5) Working Days of the conclusion of the hearing. The written decision may be served by Email, by first-class mail via the U.S. Postal Service with delivery confirmation to the last known address of the Student, or by personal delivery. Service is complete upon sending of the email or depositing with the U.S. Postal Service.

G. Additional Procedures Available when Sexual Harassment or Sexual Assault Is Alleged: Cases in which Sexual Harassment or Sexual Assault is alleged will be managed in coordination with the campus Title IX Officer. Refer to NSHE Handbook Title 4, Chapter 8, Section 14 for additional information. Findings may be provided to the Student Conduct Officer for issuance of Sanctions.