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Section III. Student Disciplinary Procedures:

A.       Complaint of Student Misconduct

Any member of the university community may file a complaint against a student for violations of the Student Code of Conduct.  The complaint shall be prepared in writing and directed to the Assistant Dean, Student Conduct.  Any complaint should be submitted as soon as possible after the alleged violation takes place, preferably within 30 days.   

B.      Resolution of a Student Misconduct Complaint

1.    The Assistant Dean, Student Conduct or designee, (hereinafter Student Conduct Administrator) will review and investigate the complaint to determine if the information indicates actions which violate the student code of conduct. Upon determining that a complaint does indicate a violation(s) of the Student Code of Conduct, the Student Conduct Administrator, shall send the accused student a notice of allegation (s).  The notice will present information obtained from the investigation, identify the alleged violations of the Student Code of Conduct, and instruct the accused student to schedule a conduct conference within 10 days of the of the notice.

a.    The notice may be hand delivered or mailed by regular United States mail to the student's address as identified within MyNEVADA.  All mailed letters are considered delivered as of the United States Postal Service postdate.

b.    Students failing to respond to the   notice will be sent a second notice via certified mail.  Second notices may include forewarning that an administrative hold will be placed upon the accused student's transcripts and/or ability to register until such time that the student participates in the mandated conduct conference.   

c.     Interim Directive- In appropriate circumstances the Assistant Dean, Student Conduct may impose an interim "No Contact" and/or "ban from participation" directive prior to a conduct conference.  The Assistant Dean, Student Conduct may issue such a directive when the alleged misconduct poses a health and safety concern and/or a disruption to the educational environment.

2.   Informal Resolution of the Complaint  

The accused student shall attend a conduct conference and work with the Student Conduct Administrator to develop an appropriate informal resolution of the charges.  In some cases, the accused student and the Student Conduct Administrator may "informally" resolve the complaint through agreement of responsibility, termination of allegations, mediation, conflict resolution, or educational conference.  If the accused student and Student Conduct Administrator cannot reach agreement through informal resolution the complaint will be referred to the formal resolution process.  An accused student has the right to request participation in the formal resolution process for a complaint of misconduct at any time during the informal resolution process.   

3.   Formal Resolution of the Complaint

The formal resolution of a complaint of student misconduct shall take place when an accused student does not agree to informal resolution by not accepting responsibility for a charge of misconduct, or by not accepting the sanctions proposed for resolution of misconduct. The formal resolution process involves a hearing before a student conduct board or a student conduct hearing officer. The accused student  shall schedule a conference with the Student Conduct Administrator within ten days of the decision to initiate the formal resolution process.  The purpose of the conference will be to: 

a.    Identify and determine the most appropriate hearing option to be employed

b.    Review the hearing process and procedures

c.     Set a hearing date and time

i.      The hearing shall occur within twenty-five days but no less than ten days from the conference.  

ii.     Maximum time limits for scheduling of student conduct hearings may be extended in writing at the discretion of the Assistant Dean, Student Conduct.   

4.   Impaneling a Board or Hearing Officer  

The Assistant Dean, Student Conduct determines which Hearing Board or Student Conduct Hearing Officer will hear each case based on the alleged misconduct, the level of sanction (s) that may be considered and the needs of the accused student, alleged victim and campus community as a whole.                                

Student Conduct Hearing Officer: A Student Conduct Hearing Officer will be appointed from the faculty members within the Office of Student Conduct, the Office of Residential Life, Housing and Food Services or trained University community members who will be responsible to the Assistant Dean, Student Conduct, and ultimately to the Vice President for Student Services, for all student conduct activities and decisions.                                 

Student Conduct Board: The Student Conduct Board hears cases involving students, student organizations or groups accused of violating the Student Code of Conduct.  The board is comprised of trained University students and faculty members. The composition of the Student Conduct Board (student and/or faculty membership) for each hearing will be determined by the Assistant Dean, Student Conduct.   Those hearings in which the potential for Suspension, Expulsion or Loss of recognition are being considered will include faculty membership.  The Student Conduct Board will be advised by an appointed Student Conduct Administrator (known as the Board Advisor) not involved in the investigation or resolution of the alleged misconduct being heard by the board.  

5.  Student conduct hearings shall be conducted according to the following procedures

a.    Student conduct hearings shall be closed unless the accused student requests an open hearing.

i.      Disciplinary records, to include hearing proceedings, are part of a student's educational record.  As such the privacy protections afforded to a student under the Federal Education Right to Privacy Act dictate the standards for a closed hearing. 

ii.     Requests by an accused student for an open hearing will be reviewed by the Assistant Dean, Student Conduct. Such requests will be granted if the   overriding individual privacy needs of other students involved in the hearing are not violated, nor the hearing process itself.      

b.    The accused student has the right to be assisted by an advisor, as does the complainant, if desired.  The advisor serves as a supporter and advisor during the conduct hearing. The accused student and the complainant are both responsible for presenting his or her own information, introducing witnesses, and answering questions throughout the hearing.  When a student selects an advisor, in this process the advisor has no right to speak during the hearing.  The advisor may be an attorney.  If the advisor is an attorney, the Student Conduct Administrator must be informed five college working days before the hearing. The Assistant Dean, Student Conduct has sole discretion to allow for a delay in the hearing due to a scheduling conflict of an advisor.  The hearing will run according to the university schedule and will not be delayed by another process off campus, unless in the discretion of the Assistant Dean, Student Conduct, such delay is deemed to be in the best interests of the parties or process.

c.     The accused student(s), the complainant and any advisors shall be allowed to attend the all portions of the hearing, at which information is received, but may not be present during deliberations.  Admission of any other person to the student conduct hearing shall be at the discretion of the student conduct board or hearing officer and/or the student conduct administrator. 

d.    In student conduct hearings involving more than one accused student, the Student Conduct Administrator, in his or her discretion may permit the student conduct hearings to be conducted either separately or jointly. 

e.     The accused student and complainant must notify the Assistant Dean, Student Conduct of witnesses no later than five college working days before the hearing.  The Hearing Board Advisor will notify and invite to the hearing potential witnesses who are members of the University community, and who are identified by the accused student and/or complainant at least two college working days prior to the hearing.  The Assistant Dean, Student Conduct has sole discretion to allow for a delay in the hearing due to a scheduling conflict of a witness.  Witnesses will provide information to, and answer questions from, the student conduct board or hearing officer.  To avoid confrontational situations during the hearing, the accused student and/or complainant shall verbally direct questions for the witness(es) to the chairperson of the conduct board or the hearing officer, who will than question the witness directly.  The chairperson of the conduct board or the hearing officer will decide on the specific course of questioning and/or information sharing throughout the hearing. 

f.     The accused student and complainant may present pertinent written statements, records, or other information for the hearing.  These documents must be provided to the Hearing Board Advisor or hearing officer five college working days before the hearing.

g.     The accused student and the complainant have the right to review these documents two working days prior to the hearing. This review will take place within the Office of Student Conduct during normal working hours under the supervision of the Hearing Board Advisor.  All documents are considered confidential and will not be reproduced or released for review outside of the Office of Student Conduct.

h.    The members of the student conduct board or the hearing officer shall deliberate after the hearing has concluded, and shall determine whether or not the accused student has violated each section of the Student Code that the student is charged with having violated. This determination is made through consensus when possible, and if not possible, then by a simple majority vote of the board members.

i.      The student conduct board or hearing officer's determination shall be made on the basis of a preponderance of the evidence:  whether it is more likely than not that the accused student violated the Student Code of Conduct. 

  j.      If the accused student is not found responsible for a violation, then the hearing is concluded.  If the accused student is found responsible for one or more violations of the Student Code of Conduct, then the student conduct board or the hearing officer shall consider possible sanctions for the student after reviewing any prior violations of the Student Code of Conduct, the imposed sanctions and the completion of these sanctions.   Possible sanctions to impose appear below in Section D. Sanctions.

k.    Order of processes in a hearing shall be:

i.          In the hearing, the chair of the board or hearing officer will state the content of the report of alleged misconduct and the specific charges made.

ii.        The complainant will be asked to present information supporting the allegation of misconduct against the accused student. 

iii.      The chair of the board or hearing officer may call identified witnesses on behalf of the complainant. 

iv.      The accused student and board members may question the complainant and witnesses.

v.       The accused student will be asked to present information supporting their position against the allegation of misconduct.

vi.      The chair of the board or hearing officer may call identified witnesses on behalf of the accused student.

vii.    The complainant and board members may question the accused student and witnesses.

viii.   The board members, or hearing officer, will close the hearing to review and deliberate upon the presented information and render a decision on responsibility. 

ix.      The chair of the hearing board or hearing officer will re-open the hearing and present their findings to the accused student.

x.       If the student is found to be responsible as charged, the hearing board or hearing officer may reconvene to gather information to guide and support sanction recommendations.   The board or hearing officer may question the Assistant Dean, Student Conduct as to any past record of misconduct. 

xi.      The chair of the hearing board or hearing officer will excuse the accused student and complaint and close the hearing for deliberations regarding sanction recommendations.  

  l.       The student conduct board chairperson or the hearing officer will provide the board's decisions on responsibility for the violation and recommendations for sanctions to the Assistant Dean,  Student Conduct within 3 working days of the close of the hearing.  

m.  The Assistant Dean, Student Conduct will provide the accused student with  a final written decision within  3 college working days  of receiving the hearing board or hearing officer's decision and recommendations.  The Assistant Dean, Student Conduct will apprise student complainant's of sexual assault or other serious physical assault of the outcome of the hearing. The Office of Student Conduct will be responsible for monitoring the student's adherence in carrying out any/all remedies or sanctions imposed as the resolution of the conduct process.

n.    The formal rules of evidence shall not apply in Student Code of Conduct proceedings.

o.    The hearing, except for deliberations, shall be tape or digitally recorded.  Upon request by the student, a written transcript will be provided at the student's expense.  Personally identifiable information will be removed from the transcript.  The record shall be the property of the University of Nevada, Reno, and will be maintained with the student's confidential conduct records within the Office of Student Conduct.

p.    If an accused student, after receiving notice, does not appear at a student conduct hearing, the information in support of the complaint shall be presented, considered, and acted upon regardless of the accused student's absence.  Failure of the student to appear is not evidence that the student was responsible for the charge of misconduct.

q.    All student conduct boards, hearing officers, or Student Conduct Administrators, may accommodate concerns for personal safety, well-being, and or fears of confrontation, by the complainant, the accused, and/or witnesses, during the hearing or during the informal resolution process by providing the opportunity for the hearing body or student conduct administrator to receive the pertinent information and 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.  Such options include:  video conferencing, phone conferencing, or other means, as determined by the Assistant Dean, Student Conduct or the Student Conduct Administrator overseeing the scheduling and coordinating the hearing.  

C.      Appeals:

1.    A decision on responsibility for a violation of the Student Code of Conduct and/or an associated sanction for the violation may be appealed by the accused student(s), student organization or student complainant's of sexual assault or other serious physical assault within five college working days of the decision.  Such appeals shall be in writing and delivered to the Associate Dean of Students or his or her designee.  Grounds for an appeal are:  

a.    Deviations from procedures set forth which result in significant prejudice.

b.    The decision reached regarding the accused student was not based on a preponderance of the evidence: that it was more likely than not that the accused student violated the Code.

c.     The sanction(s) imposed were not appropriate for the violation of the Student Code of Conduct which the student or student organization was found to have committed.

d.    New information, either not available at the time of the hearing which is sufficient to alter a decision or other relevant facts not in the original conduct resolution, are identified.   

2.    The Associate Dean of Students will review the appeal to determine if one of more of the grounds for an appeal has been met. If the Associate Dean finds that one or more of the stated grounds for an appeal have been met, he or she will then forward the appeal to the Assistant Dean, Student Conduct with the directive to impanel the Student Conduct Appeals Board. If the Associate Dean finds that none of the criteria for an appeal have been meet, the matter is closed and the hearing board or hearing officer's decision is final.  

3.    Student Conduct Appeals Board - The Student Conduct Appeals Board is comprised of representatives from the Student Conduct Board not involved in the original hearing.      

4.    The Student Conduct Appeals Board shall review the statement of appeal, the original complaint of misconduct, recording of the hearing, decision and sanctioning recommendation, along with any other information and evidence that was part of the decision-making in the resolution of the conduct case, and will decide whether or not the appeal should be upheld.  The Student Conduct Appeals Board may uphold the decision, may refer the case back or may hear the case as a new hearing board following student conduct hearing procedures described in section 5.    If the appeal board rehears the case, the decision is final.  If the original board or officer rehears the case, that decision is also final.   

D.      Sanctions  

Disciplinary sanctions are those actions imposed through informal resolution by a student conduct administrator or through formal resolution by a student conduct hearing officer or a student conduct board as a consequence of violations of the Student Code of Conduct.  The purpose of a sanction is to educate an individual student on the impact of conduct violations on others in the University community, the importance of taking responsibility for resolving any concerns arising from the misconduct, and the needs of the community for resolution of the misconduct.  Educational activities may be assigned to the student as a condition of his or her successful resolution of the violation(s). The educational purpose of sanctioning will ordinarily be the guiding force behind imposition of sanctions within the university disciplinary process.  In some instances, however, the community's need to properly function outweighs the university's ability to educate an individual.  In such a case, for the benefit of both the student and the community, suspension or expulsion from the university may result.  

1.    One or more of the following disciplinary sanctions may be imposed on a student found to have violated the Student Code of Conduct.   

a.    Warning.  A notice, oral or written, that the student has violated the Student Code of Conduct.

b.    Reprimand.  A written reprimand for violation of specified regulations. 

c.     Restitution.  Compensation for loss, damage, theft or misappropriation of property, or injuries sustained in an incident of student misconduct.  This may take the form of appropriate service and/or monetary or material replacement. 

d.    Probation.  Probation consists of a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. 

e.     Loss of Privileges.  Denial of specified privileges for a designated period of time.

f.     Discretionary and Educational Sanctions.  Participation in specific educational programs, such as: alcohol and/or other drug educational intervention conferences, assessments, educational activities, such as: on-line instructional workshops; and work assignments or service to the university or the surrounding community; and other related discretionary assignments

g.     Hold on transcript and/or registration. A hold restricts release of a student's transcript or access to registration until satisfactory completion of conditions or sanctions imposed by a student conduct officer or Student Conduct Board . Upon proof of satisfactory completion of the conditions or sanctions, the hold is released.  

h.    No contact order. A prohibition of direct or indirect physical, verbal, and/or written contact with another individual or group.  

i.      University Suspension.  Exclusion for a definite period of time from attending classes and from participating in other activities of the University, as set forth in a written notice to the student. The official transcript of the student shall be marked "DISCIPLINARY SUSPENSION EFFECTIVE ____TO ___." The parents or legal guardians of minor students shall be notified of the action. A student who is enrolled in his or her last semester before graduation, is not currently enrolled in the University and who was not registered during the previous semester, or who graduated at the end of the previous semester may request that the notation of the disciplinary suspension be removed from the official transcript when two years have elapsed since the expiration of the student's suspension.  Such request must be submitted in writing to the president or his designee in accordance with NSHE Code S. 6.3.8.  If the request is not granted, the student may submit a request for removal of the notation at yearly intervals thereafter.

j.      Deferred University Suspension.   Separation of the student from the university, deferred until the close of the current semester or some other time frame necessary for review of student progress in addressing the conduct concern.  This sanction is most often utilized for cases in which the student does not pose a safety concern and is participating in a university-designated intervention. 

k.    University Expulsion.  Termination of student registration and status for an indefinite period of time.  Permission of the president shall be required for readmission.  The official transcript of the student shall be marked "DISCIPLINARY EXPULSION EFFECTIVE ____."  The parents or legal guardians of minor students shall be notified of the action. A recommendation for the sanction of expulsion must be supported by  evidence of substantial wrongdoing A student who is enrolled in his or her last semester before graduation, is not currently enrolled in the University and who was not registered during the previous semester, or who graduated at the end of the previous semester may request that the notation of the disciplinary expulsion be removed from the official transcript when four years have elapsed since the expiration of the student's expulsion or termination. Such request must be submitted in writing to the President or his designee in accordance with NSHE Code S. 6.3.8. If the request is not granted, the student may submit a request for removal of the notation at yearly intervals thereafter

l.         Withholding of a Degree.  Prior to the awarding of a degree, the University may withhold a degree from a student. 

Please note:  Students found responsible for an academic dishonesty violation may be subject to additional academic sanctions as stated within the Academic Standards Policy; and student organizations may be subject to sanctions as stated in the section on Student Organizations as set forth in Section E below.  

1.       More than one of the sanctions listed above may be imposed for any single violation.

2.       Other than university expulsion, revocation, or withholding of a degree, disciplinary sanctions shall not be made part of the student's permanent transcript, but shall become part of the student's disciplinary record.  The Family Education and Right to Privacy Act (FERPA) defines disciplinary records as education records.  Disciplinary records are therefore protected from disclosure without written consent of the student or court order or as otherwise allowed by FERPA.  Disciplinary records are stored within the Office of Student Conduct and maintained in compliance with FERPA and the Clery Act.  Upon completion of the mandated time lines a student's disciplinary records are destroyed.  

3.       Upon graduation, the student's disciplinary record may be expunged of disciplinary actions other than residence hall expulsion, university suspension, university expulsion, revocation or withholding of a degree, upon application to the Assistant Dean, Student Conduct and approval by the president.   

E.       Student Organizations

Student organizations, either recognized through ASUN, the Graduate Student Association, or university departments, are required at all times to conduct themselves in accordance with the Student Code of Conduct.  A student organization believed to be involved in any of the activities identified in these regulations or policies as misconduct may be reported to the Office of Student Conduct for an investigation of the activity in question.  

Procedure for Student Organizations

The procedure for addressing a complaint filed through the Office of Student Conduct against a student organization is as follows:  

      1. The complaint is directed to the Assistant Dean, Student Conduct.
      2. A Student Conduct Administrator investigates the complaint.
      3. After the investigation of the complaint, the Student Conduct Administrator will determine whether the information supports the allegation of misconduct, and if so, may proceed with informal resolution including the imposition of any of the sanctions listed below.
      4. The student organization may accept the decision or may request a hearing in front of a Student   Conduct Hearing Board or Hearing Officer.
      5. The hearing board will meet and determine if there has been a violation. 
      6. The procedures set forth in Section B-5 shall also apply to hearings on allegations against an organization. 

  Sanctions for Student Organizations include all those stated under "Sanctions", in addition to:   

      1. Probation for up to one academic year;
      2. Prohibition from recruiting and/or accepting new members.
      3. Prohibition from participating in university events, including but not limited to orientation, intramurals, and other campus activities.
      4. Denial of use of university facilities.
      5. Loss of recognition of the organization.

   F.       Emergency Removal   

In certain circumstances, the president, or a designee, may impose a University suspension or Organization Loss of recognition prior to the resolution of a charge of student or student organization misconduct.  This emergency removal includes the immediate removal from campus of a student or student organization for an interim period whenever the president determines that this is required to:  

    1. Ensure the safety and well-being of members of the university community,
    2. Protect University property, or
    3. If the student poses an ongoing threat or disruption of, or interference with, the normal operations of the university.

  The student or student organization shall be denied access to the campus, including classes and/or to all other university activities or privileges for which the student or student organization might otherwise be eligible, as the President or his/her designee may determine to be appropriate.  During the time of the removal from campus, the student or student organization may not come onto university property for any reason other than meeting with the appropriate university official(s) regarding resolution of the emergency removal and the student conduct resolution.  

Any student or student organization so removed shall be afforded an opportunity to a hearing on the emergency removal no later than 10 college working days following the removal unless the student or student organization agrees to delay the hearing to a later time.  A student conduct hearing officer shall hold the hearing under the hearing procedures of the Student Code of Conduct.  The president's decision upon the hearing officer's recommendation shall be final.  

The emergency removal does not replace the regular disciplinary process, which shall proceed on the normal schedule, up to and through a student conduct hearing, if required.  

In circumstances where the student is removed for his or her own emotional and personal safety, a resolution on the decision regarding the student's removal from campus will be addressed within an informal meeting with the Assistant Dean, Student Conduct, with the goal of the meeting being the development of a plan for most effectively meeting the student's personal and scholarly needs as a continuing student.  

  

G.        Interpretation and Revision

Any question of interpretation or application of the Student Code of Conduct shall be referred to the Assistant Dean, Student Conduct or his or her designee for final interpretation.  

The Student Code of Conduct shall be reviewed and updated each year under the direction of the Assistant Dean, Student Conduct.    

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