Section IV: 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 or designee (hereinafter the "Assistant Dean").  Any complaint should be submitted as soon as possible after the alleged violation takes place, preferably within thirty (30) days.  In cases involving academic misconduct (cheating, plagiarism or other attempts to obtain a grade under false pretenses) please refer to the Academic Standards Policy (https://www.unr.edu/administrative-manual/6000-6999-curricula-teaching-research/instruction-research-procedures/6502-academic-standards).     

B.      Resolution of a Student Misconduct Complaint

1.    Preliminary Investigation

a. The Assistant Dean shall conduct a preliminary investigation of the complaint to determine if there has been a potential violation of the Student Code of Conduct. Upon determining that a complaint indicates a potential violation of the Student Code of Conduct, the Assistant Dean shall send the accused student a notice of investigation identifying the alleged violation ("Notice of Investigation"). 

b. The Notice of Investigation shall:  (1) identify the alleged violation; (2) identify potential disciplinary sanctions; (3) inform the accused student that the Assistant Dean shall conduct a full investigation, including interviewing people and gathering evidence; (4) instruct the accused student to schedule a meeting ("Preliminary Conference") with the Assistant Dean within ten (10) working days of the Notice of Investigation being sent; and (5) inform the accused student that an administrative hold may be placed on the accused student's transcript and/or ability to register until such time that the accused student participates in the Preliminary Conference.   

i. The accused student shall be notified by email that the accused student must pick up the Notice of Investigation in the Office of Student Conduct within 72 hours from the time the email was sent.  The email address listed in MyNevada will be used to inform the accused student to pick up the Notice of Investigation.  If the Notice of Investigation is not picked up within 72 hours, the Notice of Investigation will be sent to the accused student's physical address listed in MyNevada. 

ii. If the accused student is notified about the Notice of Investigation in the manner described in b(i), the accused student is deemed to have received notification of the Notice of Investigation.  The accused student has ten (10) working days from the date of the email or letter, whichever was received later, to schedule the Preliminary Conference with the Assistant Dean. 

c. Working Days:  For the purpose of this policy, "working days" are defined as working days, excluding weekends and university holidays.

d. Interim Directive:  In appropriate circumstances the Assistant Dean may impose an interim "no contact" and/or "ban from participation" directive prior to the Preliminary Conference.  The Assistant Dean may issue such a directive when the alleged misconduct poses a health and safety concern to the university community and/or a disruption to the educational environment.

2.  Preliminary Conference

At the Preliminary Conference, the Assistant Dean shall discuss the allegation with the accused student and allow the accused student to tell the accused student's side of the story.  The accused student has the option at the Preliminary Conference to admit to the wrongdoing and receive a sanction at that conference.  If the accused student accepts the charge and proposed sanction, there shall be no appeal and the disciplinary sanction shall be applied.  If the accused student accepts the charge and the proposed sanction, it shall become part of the accused student's disciplinary record.  

 When the accused student is telling the accused student's side of the story, the accused student shall be allowed to provide names of witnesses, documents or evidence in support of the accused student's position.  The Assistant Dean can conduct further investigation if necessary. 

The accused student has the right to have an advisor present for the Preliminary Conference.  The role of the advisor is described in Section 5.

3. Investigative Findings

After the investigation is concluded, the Assistant Dean shall decide either that: (a) there is not enough evidence to support the charge; or (b) there is enough evidence to support the charge.   If there is not enough evidence to support the charge, the accused student shall be sent a letter indicating that the evidence does not support the charge.  If the Assistant Dean decides that there is enough evidence to support the charge, the accused student shall be informed in writing of the charges ("Charging Letter"). The Charging Letter shall inform the accused student of the following:

a. the conduct violation charged; 

b. the proposed sanction; 

c. the accused student's right to a hearing;

d. the accused student's right to have an advisor present at the hearing; and

e. the complaint can be resolved by: 

i.  acceptance of the charge and proposed sanction;

ii. informal resolution in certain circumstances; or

  iii. formal resolution. 

The Charging Letter shall also inform the accused student that the accused student shall schedule and attend a conference (Pre-Hearing Conference) with the Assistant Dean to be held within ten (10) working days from the date of the Charging Letter.  The accused student is given ten (10) working days to consider the accused student's options for resolution.  If the accused student fails to schedule the Pre-Hearing Conference with the Assistant Dean within ten (10) working days, the conduct violation and proposed sanction shall be implemented and shall become part of the accused student's disciplinary record.   

4.  Resolution of the Charges

After receiving the Charging Letter, there are three ways the accused student can resolve the charges:  acceptance of the charge, informal resolution in certain circumstances or formal resolution by way of a hearing.  

a. Acceptance of Charge and Proposed Sanction     

After receipt of the Charging Letter, the accused student can accept responsibility for the conduct violation and accept the proposed sanction. If the accused student accepts responsibility, the accused student signs a document and the matter is concluded.  There shall be no appeal and the disciplinary sanction proposed by the Assistant Dean proposed in the Charging Letter shall be applied. If the accused student accepts the charge and the proposed sanction, it shall become part of the accused student's disciplinary record. 

b. Informal Resolution 

At any time after receipt of the Charging Letter, the accused student has the option of informally resolving the charges and imposed sanctions. If the accused student wants to informally resolve the charges, the accused student shall attend a second conference with the Assistant Dean to develop an appropriate resolution of the Complaint ("Resolution Conference").  At that Resolution Conference, the matter will either be resolved informally without a hearing, or a determination shall be made that the matter will be resolved formally with a hearing before a Student Conduct Hearing Officer ("Hearing Officer") or Student Conduct Board ("Board").

In some cases, the informal resolution may involve mediation, conflict resolution or an educational conference, which shall be decided upon during the Resolution Conference.  If the accused student accepts the resolution proposed by the Assistant Dean, the accused student will sign a document indicating the accused student's agreement.  There shall be no appeal and the disciplinary sanction shall be applied.  The charge and the proposed sanction shall become part of the accused student's disciplinary record.

If sexual assault is alleged, the informal resolution process cannot be used.

An accused student has the right to have an advisor present during the Resolution Conference.  The role of the advisor is described in Section 5. 

c. Formal Resolution (Hearing) 

If the accused student and Assistant Dean cannot reach agreement through informal resolution regarding the alleged violation and proposed sanction, the complaint will be referred to the formal resolution process.  The formal resolution process involves a hearing to determine if the accused student is responsible for the conduct violation and to determine the appropriate sanction for that conduct violation if the accused student is found responsible.

If the accused student chooses to have a hearing, the accused student must schedule and attend a Pre-Hearing Conference with the Assistant Dean within ten (10) working days of the date of the Charging Letter.  The purpose of the Pre-Hearing Conference shall be to:

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

ii. Review the hearing process and procedures; and

iii. Set a hearing date and time.

(a)   The hearing shall occur within twenty-five (25) working days but no less than ten (10) working days from when the accused student notifies the Assistant Dean that the accused student wants a hearing.  

(b)   A member of the Office of Student Conduct shall be designated as the facilitator for the hearing ("Hearing Administrator"). The Hearing Administrator shall be                        appointed by the Assistant Dean or the Dean of Students ("Dean").  The Hearing Administrator shall notify the accused student in writing of the date, time and location          of the hearing and whether the hearing is before a Hearing Officer or Board.

(c)   Maximum time limits for scheduling of student conduct hearings may be extended at the discretion of the Hearing Administrator.

An accused student has the right to have an advisor present during the Pre-Hearing Conference.  The role of the advisor is described in Section 5.

5.  Advisors

The accused student has the right to be assisted by one (1) advisor, if desired. The advisor serves as a supporter and advisor during the conference or hearing. The accused student, and not the advisor, is responsible for presenting the accused student's own information, introducing witnesses, and answering questions throughout the conference or hearing. When an accused student selects an advisor, the advisor has no right to speak during the conference or hearing. The advisor may be an attorney. If the accused student wishes to be accompanied by an advisor or an attorney, the Assistant Dean must be notified at least five (5) working days before the conference or hearing. If the accused student chooses to have an advisor, the Assistant Dean may be accompanied by an advisor or by an attorney if the accused student chooses an attorney as the accused student's advisor.  The Hearing Officer or Board may have an advisor or attorney at all hearings, regardless of whether the accused student requests an advisor or attorney.  The advisor for the Hearing Officer or Board has the right to speak to the Hearing Officer or Board during the hearing.

6. Appointing a Hearing Officer or Impaneling a Board  

The Assistant Dean shall determine if a case will be heard by a Hearing Officer or a Board. The determination is made based on the alleged misconduct, the level of sanction that may be considered and the needs of the accused student, alleged victim and university community as a whole.

a. Hearing Officer

The Hearing Officer hears cases involving students, student organizations or groups accused of violating the Student Code of Conduct. The Hearing Officer shall be appointed by the Dean from faculty members within the Office of Student Conduct, the Office of Residential Life, Housing and Food Services or from trained university faculty.    The Hearing Officer may be advised by an advisor who shall be someone not involved in the investigation or resolution of the alleged misconduct being heard by the Hearing Officer. 

b. Hearing Board  

The 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. A list of eligible Board members will be provided to the Hearing Administrator who will select a minimum of five (5) for each hearing.  If there is a minimum of five (5) Board members, three (3) of the members shall be faculty.  The Chair of the Board ("Board Chair") will be appointed and approved by the Hearing Administrator.  The Board may be advised by an advisor who shall be someone not involved in the investigation or resolution of the alleged misconduct being heard by the Board. 

c. Hearing Deadline

The Hearing Administrator shall set a hearing date within ten (10) working days after the accused student decides on the formal resolution hearing.  The accused student may be granted one continuance upon a showing of good cause.  The Dean shall make the determination as to whether the continuance shall be granted.  

7. Hearing Procedures

a. Student conduct hearings shall be closed unless the accused student requests an open hearing.  Requests for an open hearing will be reviewed by the Dean and will be granted if the request is consistent with the Family Educational Rights and Privacy Act (FERPA) and if the overriding individual privacy needs of other students involved in the hearing are not violated. 

i. Disciplinary records, including hearing proceedings, are part of a student's educational record.  As such the privacy protections afforded to a student under FERPA dictate the standards for a closed hearing.

ii. If a student conduct hearing is closed, the hearing officer, board members, accused students, reporting students, witnesses and advisors shall not discuss the matter with anyone outside of the hearing room.  Any employee or student found in violation of this will be subject to disciplinary action.

b. An accused student has the right to have an advisor present during the hearing.  The role of the advisor is described in Section 5.

c. The accused student, the Assistant Dean and any advisors shall be allowed to attend all portions of the hearing at which information is received, but may not be present during the Hearing Officer or Board's closed session to deliberate and render a decision on the charge.  Admission of any other person to the hearing shall be at the discretion of the Hearing Officer or Board Chair.

d. In student conduct hearings involving more than one accused student, the Dean, at the Dean's discretion, may permit the conduct hearings be conducted either separately or jointly.

e. The accused student and Assistant Dean shall provide written notification to the Hearing Administrator of witnesses they intend to use at the hearing no later than five (5) working days before the hearing.

f. Potential witnesses who are identified by the accused student and the Assistant Dean will be notified and invited to the hearing by the Hearing Administrator no later than two (2) working days prior to the hearing. The Hearing Administrator 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 Hearing Officer or Board. Witnesses shall only be present during their testimony. 

g. The accused student and Assistant Dean each may present relevant written documents, records, or other information (hereafter referred to as "documents") that they intend to rely upon at the hearing.  It is the responsibility of the accused student to submit any documents to use at the hearing.  The Assistant Dean is not responsible for submitting documents on behalf of the accused student.  These documents must be provided to the Hearing Administrator five (5) working days before the hearing.

h. The accused student and Assistant Dean have the right to review the witness names identified by each party and the documents provided by each party two (2) 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 Administrator. All documents are considered confidential and will not be reproduced or released for review outside of the Office of Student Conduct.

i. Order of the Hearing:

i. In the hearing, the Hearing Officer or Board Chair will state the content of the report of alleged misconduct and the specific charges made. 

ii. The Assistant Dean and the accused student each will be allowed an opportunity to give a brief opening statement about the nature of the case.

iii. The Assistant Dean will be asked to present information supporting the allegation of misconduct against the accused student.

iv. The Hearing Officer or Board Chair may call identified witnesses on behalf of the Assistant Dean, including the complaining student.

v. The accused student, and Board members may present questions to the Hearing Officer or the Board Chair, who will then present the questions to the Assistant Dean or witnesses called on behalf of the Assistant Dean.  Exceptions to the submission of questions through the Hearing Officer or the Board can be made at the discretion of the Hearing Officer or Board Chair for limited situations, such as when the Title IX/EO Office investigator is being questioned.  Additionally, the Hearing Officer and Board Chair may present questions of their own to the witnesses at any time while the witnesses are testifying.

vi. The accused student will be asked to present information supporting the accused student's position against the allegation of misconduct.

vii. The Hearing Officer or Board Chair may call identified witnesses on behalf of the accused student including the complaining student.

viii. The Assistant Dean, Hearing Officer or Board members may present questions to the Hearing Officer or the Board Chair, who will then present the questions to the accused student and witnesses called on behalf of the accused student.  Exceptions to the submission of questions through the Hearing Officer or the Board can be made at the discretion of the Hearing Officer or Board Chair for limited situations, such as when the Title IX/EO Office investigator is being questioned.  Additionally, the Hearing Officer and Board Chair may present questions of their own to the witnesses at any time while the witnesses are testifying.  If the accused student is concerned about, suspected of or being investigated for violations of criminal law, the accused student does not have to answer questions in order to preserve the student's Fifth Amendment right against self-incrimination.   The accused student's decision to invoke the Fifth Amendment right against self-incrimination shall not be used against the accused student in determining whether the accused student is responsible for a violation of the Student Code of Conduct.  

ix. Information and testimony presented by the Assistant Dean and the accused student must be relevant to the specifics charge(s).  The Hearing Officer or Board Chair is allowed to strike or exclude any information or testimony that is not relevant to the specific charges.

x. The Assistant Dean and the accused student will be given an opportunity to present a brief closing statement.

xi. The Hearing Officer or Board members will close the hearing to review and deliberate upon the presented information and render a decision regarding whether the accused student violated the Student Code of Conduct. The Hearing Officer or the Board's decision shall be made on the basis of a preponderance of the evidence:  whether it is more likely than not that the accused student committed the alleged misconduct. If the decision is made by a Board, the decision should be made through consensus when possible, and if not possible, then by simple majority vote of the Board members. 

xii. The Hearing Officer or Board Chair will re-open the hearing and present the findings to the accused student.

xiii. If the accused student is found not responsible for a violation, then the hearing is concluded.

xiv. If the accused student is found responsible for one or more violations of the Student Code of Conduct, the Hearing Officer or Board shall consider possible sanctions for the accused student after reviewing any prior violations of the Student Code of Conduct, including imposed sanctions and whether the student has completed these sanctions.   Possible sanctions to impose appear below in Section D.

xv. The Hearing Officer or Board Chair will excuse the accused student, the Assistant Dean and their advisors (if any) and close the hearing for deliberations regarding the appropriate sanctions. 

xvi. The Hearing Officer or Board Chair will reopen the hearing and present the findings on the disciplinary sanctions to the accused student.

xvii. The Hearing Officer or Board Chair will provide in writing to the Assistant Dean the decision on responsibility for the violation and the decision on the sanction within three (3) working days of the close of the hearing.    The Assistant Dean has authority to lessen the sanction decided upon by the Hearing Officer or Board, if the Assistant Dean thinks a lesser sanction will serve a better educational or remedial purpose.

xviii. The Assistant Dean will provide the accused student with a final written decision within three (3) working days of receiving the Hearing Officer or Board Chair's decision and recommendations.  In cases of sexual assault or other serious physical assault, the Assistant Dean will apprise the complaining student of the outcome of the hearing.  The written decision will include the student's right to appeal the decision. 

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

k. The hearing, except for deliberations, shall be taped or digitally recorded by the Hearing Administrator.  No other taping or digital recording shall be allowed by any person in attendance at the hearing.  The Hearing Administrator also has the right, at his or her discretion, to hire a court reporter, if necessary.  The record shall be the property of the University of Nevada, Reno, and will be maintained with the accused student's confidential conduct records within the Office of Student Conduct.  Upon request by the accused student, or the reporting student in a case when a for of sexual harassent is alleged, a written transcript will be provided within a reasonable time, at the expense of the requesting party.  Consistent with applicable law, personally identifiable information may be removed from the transcript.  

l. 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 accused student to appear is not evidence that the accused student was responsible for the charge of misconduct.

m. If the accused student is concerned about, suspected of or being investigated for violations of criminal law, the accused student does not have to answer questions to preserve the accused student's Fifth Amendment right against self-incrimination.   The accused student's decision to invoke the Fifth Amendment right against self-incrimination shall not be used against the accused student in determining whether the accused student is responsible for a violation of the Student Code of Conduct.

n. If during the informal resolution process or the hearing, the complaining student, the accused student or any witnesses have concerns for personal safety, well-being or fear of confrontation, the Hearing Officer or Board Chair may accommodate those concerns. Those accommodations may include receiving the relevant information and conducting 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 shall be determined by the Dean.

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 and in cases of sexual assault or other physical assault by the complaining student.  The appeal shall be made within five (5) working days of the date of the written decision.  Such appeals shall be in writing (Statement of Appeal) and delivered to the Dean or the Dean's 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: whether it is more likely than not that the accused student committed the alleged misconduct.

c. The sanction imposed was not appropriate for the violation of the Student Code of Conduct for which the accused student was found responsible.

d. New information or other relevant facts not available at the time of the hearing are identified.     

2. The Dean will review the appeal to determine if one or more of the grounds for an appeal have been met. If the Dean finds that one or more of the stated grounds for an appeal have been met, the Dean will then forward the appeal to the Hearing Administrator with the directive to impanel the Student Conduct Appeals Board. If the Dean finds that none of the criteria for an appeal has been meet, the matter is closed and the Hearing Officer or Board's decision is final.  The Dean will notify the accused student in writing within five (5) working days of the date of delivery of the Statement of Appeal whether or not one or more of the grounds for appeal has been met.

3. Student Conduct Appeals Board

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

b. The Student Conduct Appeals Board shall review the Statement of Appeal, the original complaint of misconduct, the recording of the hearing, the decision and sanction, along with all other information and evidence that was part of the decision-making in the hearing.  If the appeal is based on Subsection 1(d) above, the Appeals Board may also consider the new information or evidence offered by the appealing party. The Appeals Board may uphold the decision, or may hear the case as a new hearing following student conduct hearing procedures described in Section B(7).

  c. The decision of the Appeals Board is final.  

D.      Sanctions  

The purpose of a disciplinary 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 university community for resolution of the misconduct.  Educational activities may be assigned to the student as a condition of the student's 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 university community's need to properly function outweighs the university's ability to educate an individual.  In such a case, in the interests of the university 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 code violations.

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 policies and rules and regulations 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 the Assistant Dean, a Hearing Officer or a 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 the student's 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, Title 2, Chapter 10.4.9(I).  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 student who is enrolled in the student's 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, Title 2, Chapter 10.4.9(l). 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. 

2. Other than university suspension, expulsion, or withholding of a degree, disciplinary sanctions shall not be made part of the student's official transcript, but shall become part of the student's disciplinary record.  The Family Educational Rights and 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 and NSHE's Record Retention and Disposition Schedule.  Other than university suspension, expulsion or withholding of a degree, 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, or withholding of a degree, upon application to the Assistant Dean and approval by the president. A student may request that the student's disciplinary record be expunged and any such notation be removed from the student's disciplinary record during the student's semester before graduation or any time following graduation. The burden demonstrating reasonable cause for considering the expunging of a disciplinary record lies with the student. In considering such requests, the president may consider the following:

a.       Stated reason for request and circumstances surrounding the request; 

b.        Date and seriousness of the violation; 

c.        Student's behavior and disciplinary record since the violation, including successful completion of any imposed sanctions; 

d.        The impact, if any, on the public that failure to give such notice may cause; and

e.        Consequences of denying the request. 

The granting or denial of a request to expunge a student's disciplinary record shall rest solely within the discretion of the president, and the enumeration of the foregoing factors shall not in any way imply a duty on the president to grant such a request by means of a balancing or other test. If a request is not granted, the student at yearly intervals thereafter may request that the student's disciplinary record be expunged. The denial of a request to expunge is not appealable.

4. Students found responsible for an Academic Standards Policy violation may be subject to additional academic sanctions as stated within the Academic Standards Policy.

E.  Procedures Available when Sexual Harassment is Alleged

The following additional procedures apply in proceedings alleging sexual harassment, including allegations of sexual violence, rape, sexual assault, sexual battery or sexual coercion:

1. A complaining student and an accused student accused of alleged sexual harassment shall have the opportunity to select an independent advisor for assistance, support and advice. The complaining student and accused student shall be advised at the beginning of the complaint process that the complaining student or accused student may select an independent advisor and it shall become the choice of the complaining student or accused student to utilize or not utilize the independent advisor. The independent advisor may be brought into the process at any time at the request of the complaining student or the accused student. The Title IX Coordinator or the Assistant Dean shall advise the complaining student and the accused student of this right. 

2. The complaining student may choose to not permit the matter to be resolved by the informal resolution process or may terminate the informal resolution process at any time prior to a written determination being signed. If sexual assault is alleged, the informal resolution process may not be used.

3. The complaining student must agree to the charge being heard by a Hearing Officer if the Assistant Dean and accused student agree.  In other words, the complaining student, the accused student and the Assistant Dean must all be in agreement that a Hearing Officer will hear the matter, as opposed to a Board hearing the matter

4. The complaining student must be given the opportunity to participate in any pre-hearing procedures.

5. In a hearing involving more than one charged student, the Hearing Officer or Board may require an accused student to be absent from any testimony that is not relevant to that accused student.

6. The complaining student must receive a list of all witnesses at the same time it is received by the Assistant Dean and accused student.

7. The complaining student must be permitted an advisor during the hearing who shall have the same duties and obligations of other advisors as described in B(5).

8. The complaining student may give a brief opening and closing statement at the hearing.  The complaining student may present witnesses and other evidence at the hearing.

9. The findings and recommendation of the Title IX Coordinator pursuant to NSHE Handbook, Title 4, Chapter 8, Section 13 shall be considered at the hearing;

10. In a complaint alleging sexual assault, domestic violence, dating violence or stalking, the complete decision of the Board or Hearing Officer and the decision on appeal shall be given to the complaining student and the accused student simultaneously.  The complete decision includes the outcome, the essential findings and the sanctions; 

11.  In all other complaints alleging sexual harassment, the complaining student shall be served a copy of the decision of the Board or Hearing Officer and the decision of the Dean if an appeal is filed, except for the discipline imposed upon the accused student unless the discipline directly relates to the complaining student.

12.  If the complaining student is aggrieved by the decision of the Board or Hearing Officer, the complaining student has the right to appeal the decision to the Dean in the same manner as the accused student;

F.  Procedures Available When Physical Assault Is Alleged

The following additional procedure applies in proceedings alleging physical assault:

 1.  In a complaint alleging physical assault, the complete decision of the Board or Hearing Officer and the decision on appeal shall be given to the complaining student. The complete decision includes the outcome, the essential findings and the sanctions.  

G.  Emergency Removal   

In certain circumstances, the president, or a designee, may impose an immediate emergency removal prior to the resolution of a charge of a violation of the rules of conduct against the student. This emergency action includes the immediate removal from the university and all of its campuses, sites, locations and property of a student 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;

3.      If the accused student poses an ongoing threat or disruption of, or interference with, the normal operations of the university; or

4.      Protect any student from sexual harassment or retaliation for the report of sexual harassment.

When the emergency removal is imposed, the student shall be denied access to the university, including classes and/or to all other university activities or privileges for which the student might otherwise be eligible, as the president or his/her designee may determine to be appropriate.  During the time of the removal from university, the student 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 violation.

Any student so removed shall be afforded an opportunity to a hearing on the emergency removal no later than ten (10) working days following the removal unless the student agrees to delay the hearing to a later time.  A Hearing Officer shall hold the hearing under the hearing procedures described in Section B(7).  The Hearing Officer shall make a recommendation to the president.  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 hearing, if required. 

In circumstances where the student is removed for the student's own emotional and personal safety, a resolution on the decision regarding the student's removal from the university will be addressed within an informal meeting with the Assistant Dean, 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.

H. Student Organizations 

Student organizations, either recognized through the Associated Students of the University of Nevada (ASUN), the Graduate Student Association (GSA), 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 rules and regulations may be reported to the Office of Student Conduct for an investigation of the activity in question.  

The investigation of this student organization may lead to an investigation of an individual student (s). 

1. Procedure for Student Organizations

The procedures for the preliminary investigation, preliminary conference, investigative findings and resolution of the charges addressing a complaint filed with the Office of Student Conduct against a student organization is the same as the procedure for an individual student.  The hearing procedures set forth in Section B(7) shall also apply to allegations made against a student organization.

2. Sanctions for student organizations.  The sanctions for student organizations shall include the following:

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

b. Reprimand.  A written reprimand for violation of specified code violations.

c. Restitution.  Compensation for loss, damage, theft or misappropriation of property, or injuries sustained in an incident of student organization 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 organization is found to violate any institutional policies and rules and regulations 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. No Contact Order. A prohibition of direct or indirect physical, verbal, and/or written contact with another individual or group.

h. Denial of use of university facilities for a designated period of time.

i. Prohibition from recruiting /or accepting new members for a designated period of time.

j. Prohibition from participating in university events, including but not limited to orientation, intramurals, and other campus activities for a designated period of time.

k. Loss of recognition of the organization for a designated period of time.

H. Interpretation and Revision

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

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