Section IV: Student Disciplinary Procedures

A. General Information

Section IV contains the disciplinary procedures, including the complaint, investigation, informal resolution, hearing, and appeal processes for prohibited conduct enumerated in Section III, including complaints of unlawful discrimination and sexual harassment that do not constitute Title IX “sexual harassment” under Section VII. Subsection VII sets forth the procedures for Title IX sexual harassment complaints, investigations, informal resolutions, live hearings, and appeals, which are overseen by the University’s CCREA.
The procedures for the preliminary investigation, initial conference, investigative findings, and resolution of allegations filed with the Office of Student Conduct against a student organization are identical to those applied to an individual student. If the President of the student organization cannot or may not participate, the Office of Student Conduct shall designate an identifiable officer to act as the primary representative on behalf of the student organization.
The hearing procedures and process set forth in Sections IV(G) and IV(I) shall also apply to allegations made against a student organization.
Investigations of a student organization may lead to parallel investigations of individual students, including but not limited to, the President of the student organization. The student organization, individual members, or both may be found responsible for violating the Code and are subject to disciplinary sanctions.
The University considers email sent to the preferred email address listed in MyNevada an official means of communication, and students are responsible for all information sent to them through this channel. Any notice or document uploaded to a secure online platform and transmitted via this email address shall be deemed received upon transmission of the email notification.
Advisors
1. During the student disciplinary procedures, including the conferences, meetings, resolution, and hearing processes, the Reporting Party, Responding Party (see Definition 24), and/or witness may be assisted by one (1) advisor of their choosing, if desired.
2. The Reporting Party’s, Responding Party’s, and/or witness’s advisor cannot be a witness or have a conflict of interest in the matter, as determined by the Dean.
3. The advisor may be an attorney.
4. The advisor serves as a supporter and provides advice directly to their respective party during conferences, meetings, resolutions, and hearing processes.
5. The Reporting Party, Responding Party, and/or witness, not the advisor, are responsible for presenting their information, introducing witnesses, asking questions, answering questions, and all other procedures throughout the conferences, meetings, resolution, and hearing processes.
6. The advisor has no right to participate or speak during the conferences, meetings, resolution, or hearing processes, except to their respective party.
7. The Reporting Party, Responding Party, and/or witness must notify the Assistant Dean in writing and email their advisor’s first and last name and whether they are an attorney, at least five (5) Working Days (see Definition 39) before the conference, meeting, resolution, and/or hearing.
8. The Assistant Dean may be accompanied by an advisor for any individual meeting, conference, or resolutions only if the Reporting Party, Responding Party, or witness is accompanied by an advisor for that same proceeding. For formal hearings, the Assistant Dean may be accompanied by an advisor for the duration of the hearing, provided that at least one Reporting Party, Responding Party, or witness is accompanied by an advisor. If an advisor chosen by a Reporting Party, Responding Party, or witness is an attorney, the Assistant Dean may select an attorney as their advisor.
9. The Hearing Officer (see Definition 18) or Board may have an advisor or attorney as their advisor at all hearings, regardless of whether the Reporting Party, Responding Party, and/or witness brings an advisor or attorney as their advisor. The advisor or the attorney serving as the advisor for the Hearing Officer or Board has the right to speak to or consult with the Hearing Officer or Board during the hearing.
10. A Reporting Party, Responding Party, and/or may choose to have both an advisor and a representative from the Disability Resource Center (DRC) during conferences, meetings, resolutions, and hearing processes, however, these roles must be fulfilled by two different people.
Disability Resource Center Representative
1. A DRC Representative ensures that the rights and interests of a student and/or the University are protected in accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. A DRC Representative may be present during student disciplinary procedures, including conferences, meetings, resolutions, and hearing processes, at the request of the Reporting Party, Responding Party, witness, and/or the Assistant Dean.
2. The DRC Representative cannot be a witness or have a conflict of interest in the matter, as determined by the Dean.
3. The Responding Party, Reporting Party, and/or witness are responsible for presenting their information, introducing witnesses, asking questions, answering questions, and all other procedures throughout the conference, resolution, and hearing processes.
4. The DRC Representative does not question witnesses, address the Hearing Officer or Board regarding responsibility, or provide advocacy for the Reporting Party, Responding Party, or witness that falls outside the scope of their accommodations.
All portions of the disciplinary process, excluding the hearing, shall occur in person unless the Assistant Dean, at the discretion of the Assistant Dean, determines that virtual participation can occur based upon a showing of good cause. All portions of a disciplinary hearing shall occur in person.

B. Complaint of Student Misconduct

Any member of the University Community may file a written complaint against a student or student organization for alleged violations of the Code. The complaint shall be directed to the Office of Student Conduct. Any complaint should be submitted as soon as possible after the alleged violation occurs, preferably within thirty (30) Working Days.
1. Delays in reporting alleged violations may impede the University’s ability to conduct a timely and thorough investigation.
2. In cases involving a complaint of academic misconduct (cheating, plagiarism, or other attempts to obtain a grade under false pretenses), please refer to the Academic Standards Policy (see UAM 6,502).
In cases involving a complaint of Discrimination or Non-Title IX Sexual Harassment, the matter shall be referred to the University’s CCREA, which shall investigate the discrimination or sexual harassment allegations. The University’s CCREA Director shall send the findings and recommendations from that investigation to the Assistant Dean to conduct an independent review under the Student Code of Conduct, determine whether the matter shall proceed to a formal investigation, and conduct a preliminary review of any unrelated allegations to determine whether there is reason to believe a violation has occurred.
In cases occurring in University-owned and/or managed housing governed by the Office of Residential Life, Housing, and Food Services, the complaint may be investigated concurrently by the Office of Residential Life, Housing, and Food Services and the Office of Student Conduct.
In cases involving a complaint of Title IX Sexual Harassment, the matter shall be referred to the CCREA, which shall handle the matter in accordance with Section VII.
In cases involving a complaint about all other alleged violations of the Code, the Office of Student Conduct shall investigate the allegations.
Preliminary Investigation
1. Except for those allegations involving Discrimination (see Definition 11), Non-Title IX Sexual Harassment,and Title IX Sexual Harassment, which are referred to the CCREA, for all other allegations in the complaint, the Assistant Dean shall conduct a preliminary review of the allegations to determine whether there is sufficient information to proceed with an investigation regarding an alleged violation of the Code.
Upon determining that there is sufficient information to proceed with an investigation regarding an alleged violation of the Code, the Assistant Dean shall send the Responding Party/Student Organization a Notice of Conference (“Notice of Conference”) identifying the alleged violation.
In appropriate circumstances, the Assistant Dean may impose an interim "no contact directive,” and/or an interim "prohibition from participation" directive before the Conference (see Section N. Interim Measures). The Assistant Dean may issue such a directive when the Assistant Dean determines that there may be flagrant disregard for the Student Code of Conduct or the University policies, procedures, rules, and/or an ongoing risk to the health and safety of the Reporting Party, Responding Party, and/or witnesses is apparent, and/or a disruption to the educational environment.

C. Notice of Conference

The Notice of Conference shall: (1) provide the date and time the Conference is to be held; (2) identify the alleged violations; (3) identify potential disciplinary sanctions; (4) inform the Responding Party that the Assistant Dean shall conduct an investigation, including interviewing people and gathering evidence (see Definition 13) and/or shall rely upon the investigation conducted by the CCREA, when applicable; (5) inform the Responding Party that the Responding Party may have an advisor present at the Conference; (6) inform the Responding Party that an administrative hold may be placed on the Responding Party's transcript and/or preclude the Responding Party’s ability to register for classes until such time that the Responding Party participates in the Conference; (7) inform the Responding Party that the possible resolutions or outcomes of the Conference are: (a) an Acceptance of Responsibility; (b) a Finding of Non- Responsibility; or (c) an Informal Resolution; (d) Hearing; and (8) an admonition against retaliation by the Responding Party against the Reporting Party or anyone who participates in any manner in an investigation or resolution of a complaint.
The Notice of Conference shall be uploaded to a secure online platform. Following this upload, the Responding Party shall be notified via the preferred email address listed in MyNevada that the Notice of Conference is available for review.

D. Conference

At the Conference, the Assistant Dean shall discuss the allegations with the Responding Party and allow the Responding Party to respond to the allegations. If the Responding Party elects to respond to the allegations, the Responding Party shall be allowed to provide a verbal or written response, the names of witnesses or evidence in support of the Responding Party's position.
If necessary, the Assistant Dean can conduct further investigation of matters other than Discrimination and Non-Title IX Sexual Harassment and Title IX Sexual Harassment. If further investigation of matters of Discrimination, Non-Title IX Sexual Harassment, and Title IX Sexual Harassment is warranted, the Assistant Dean shall request the CCREA conduct additional investigation of the allegations of Discrimination, Non-Title IX Sexual Harassment, or Title IX Sexual Harassment, and/or request further information from the CCREA.
The Assistant Dean shall describe and explain to the Responding Party possible outcomes of the complaint and investigation as described more fully in Section IV(F): (a) Finding of Non-Responsibility; (b) Notice of Responsibility, where the student accepts the charges and disciplinary sanctions; (c) Informal Resolution, where the parties reach an agreement as to the charges and disciplinary sanctions; or (d) Charging Letter.
The Assistant Dean shall review the hearing process and procedures with the Responding Party.
The Responding Party may have an advisor present during any Conference. The role of the advisor is defined in Section IV(A)(6).
The Responding Party may have a Disability Resource Center Representative present during any Conference. The role of the Disability Resource Center Representative is defined in Section IV(A)(7).
If a student does not appear for the Conference, the Assistant Dean may place an administrative hold on the Responding Party’s transcript and/or ability to register for classes until the Responding Party participates in the Conference.
After the Conference, or if the student never appears for the Conference, the Assistant Dean shall complete the investigation and prepare written findings determining either a finding of non-responsibility or a finding of responsibility, as described more fully in Section IV(F).

E. Resolution of a Student Misconduct Complaint

A resolution of a student misconduct complaint can occur at the following stages: conference, issuance of a Charging Letter, and various outcome resolutions.
1. Conference
  1. Accept all conduct violations and all proposed disciplinary sanctions or
  2. Do not accept all conduct violations and all proposed disciplinary sanctions, or accept all conduct violations and not accept some of the proposed disciplinary sanctions.
  3. If the conduct violations and/or proposed disciplinary sanctions are not accepted in their entirety, the investigation shall continue and conclude.
2. A Charging Letter or Finding of Non-Responsibility shall be issued based on the results of the investigation.
3. If a Charging Letter is issued, see Section IV(F).

Charging Letter
1. If, after the investigation is completed, the Assistant Dean determines that there is enough evidence to support the charges, the Assistant Dean shall inform the Responding Party in writing that the evidence supports the charges ("Charging Letter”).
2. The Charging Letter shall inform the Responding Party of the following:
  1. The conduct violations charged;
  2. The proposed disciplinary sanctions;
  3. The evidence in support of the investigation;
  4. Responding Party’s right to a hearing and the hearing can be on the Code violations and the proposed disciplinary sanctions, or just the proposed disciplinary sanctions. The Responding party may have an advisor present at the hearing; and
  5. An admonition against retaliation by the Responding Party against the Reporting Party or anyone who participates in an investigation or resolution of a complaint.
  6. The Charging Letter shall also inform the Responding Party that the Responding Party has ten (10) Working Days to consider the Responding Party’s options for resolution, including accepting the charges and proposed disciplinary sanctions, accepting the charges and having a hearing on the proposed disciplinary sanctions, having a hearing on the charges and proposed disciplinary sanctions, or requesting an informal resolution.
3. If the Responding Party fails to notify the Assistant Dean in writing and email the Assistant Dean within ten (10) Working Days of their chosen resolution, the charges and proposed disciplinary sanctions shall be imposed and become part of the Responding Party’s disciplinary record.
4. The Charging Letter shall be uploaded to a secure online platform. Following this upload, the Responding Party shall be notified via the preferred email address listed in MyNevada that the Charging Letter is available for review.

F. Resolution Outcomes

Finding of Non-Responsibility
1. If after the investigation is completed, it appears the Responding Party did not violate the Code, the Responding Party shall be sent a letter indicating that the evidence does not support the complaint/allegations of a Code violation (“Finding of Non-Responsibility”).
2. The Finding of Non-Responsibility letter shall be uploaded to a secure online platform. Following this upload, the Responding Party shall be notified via the preferred email address listed in MyNevada that the Finding of Non-Responsibility letter is available for review.
Acceptance of Responsibility
1. The Responding Party has the opportunity at the Conference to admit to the Code violations, accept the proposed disciplinary sanctions, and sign the Resolution Outcome Form indicating acceptance of responsibility for the Code violations and proposed disciplinary sanctions.
2. If the Responding Party accepts the charges and proposed disciplinary sanctions, there shall be no hearing, and the Code violations and disciplinary sanctions shall be imposed and become part of the Responding Party’s disciplinary record.
3. The Responding Party also has the opportunity to admit to the Code violations, accept the proposed disciplinary sanctions, and sign the Resolution Outcome Form indicating acceptance of responsibility for the Code violations and proposed disciplinary sanctions as described in this paragraph after receiving a Charging Letter, described in Section IV(E)(2)(d).
4. The Responding Party has the opportunity at the Conference to admit to the Code violations, request a hearing on the proposed disciplinary sanctions, and sign the Resolution Outcome Form indicating acceptance of responsibility for the Code violations only.
5. If the Responding Party accepts the charges, but not the disciplinary sanctions, the Code violations shall be imposed and become part of the Responding Party’s disciplinary record. A hearing related to the proposed disciplinary sanctions shall be held.
6. The Responding Party also can sign the Resolution Outcome Form, indicating acceptance of responsibility as to the Code violations as described in this paragraph after receiving a Charging Letter, as described in Section IV(E)(2)(d).
Informal Resolution
1. An Informal Resolution can be used when the Responding Party wishes to resolve the matter informally, covering both the charges and the proposed disciplinary sanctions, without a hearing.
2. An Informal Resolution cannot occur before the Charging Letter has been issued.
3. If the Responding Party and the Assistant Dean agree on an Informal Resolution, the parties shall sign a document indicating the terms of the agreement.
4. There shall be no hearing or appeal, and the charges and disciplinary sanctions, if any, shall be imposed and become part of the Responding Party’s disciplinary record.
5. If an informal resolution is not achieved, a hearing related to the original Charging Letter shall be held.
6. The Responding Party may have an advisor present during any resolution meeting. The role of the advisor is defined in Section IV(A)(6).
7. The Responding Party may have a DRC Representative present during any resolution meeting. The role of the DRC Representative is defined in Section IV(A)(7).
Not Accept Responsibility
1. The Responding Party may choose not to accept responsibility for the alleged Code violations and disciplinary sanctions.
2. The Responding Party chooses not to accept responsibility for the alleged Code violations and disciplinary sanctions, the Responding Party is automatically choosing to move to a hearing.
Request for a Hearing
1. If, after the investigation is completed, the Assistant Dean determines there is enough evidence to support the charges, the Assistant Dean shall inform the Responding Party in writing that the Evidence supports the charges ("Charging Letter”).
2. The Charging Letter shall inform the Responding Party of the following:
  1. The conduct violations charged;
  2. The proposed disciplinary sanctions;
  3. The evidence in support of the investigation;
  4. The Responding Party has a right to a hearing, and the hearing can be on the Code violations and the proposed disciplinary sanctions, or just the proposed disciplinary sanctions.
  5. The Responding Party may have an advisor present at the hearing; and
  6. An admonition against retaliation by the Responding Party against the Reporting Party or anyone who participates in an investigation or resolution of a complaint.
3. The Charging Letter shall also inform the Responding Party that they, the Responding Party, have ten (10) Working Days from the date of the Charging Letter to consider the Responding Party’s options for resolution, including accepting the charges and proposed disciplinary sanctions, accepting the charges and having a hearing on the proposed disciplinary sanctions, having a hearing on the charges and disciplinary sanctions, or requesting an informal resolution.
4. If the Responding Party fails to notify the Assistant Dean in writing and email the Assistant Dean within ten (10) Working Days of their chosen resolution, the Code violations and proposed disciplinary sanction(s) shall be imposed and become part of the Responding Party's disciplinary record.

G. Pre-Hearing Matters

Assigning a Hearing Officer or Impaneling a Board
1. The Reporting Party shall have their appeal heard before a Hearing Officer unless suspension or expulsion is included in the proposed disciplinary sanctions. If suspension or expulsion is included, the appeal shall be heard before a Board.
Hearing Officer
1. The Hearing Officer (see Definition 18) hears cases involving students and student organizations charged with violating the Code.
2. The Hearing Administrator (see Definition 17) shall appoint the Hearing Officer from academic and administrative faculty members who have received applicable training.
3. The Hearing Officer may have an advisor not involved in the investigation or resolution of the alleged misconduct being heard by them.
Hearing Board
1. The Board hears cases involving students and student organizations accused of violating the Code.
2. The Board is comprised of University students and faculty members who have received applicable training.
3. A list of eligible individuals shall be provided to the Hearing Administrator, who shall select five (5) for each hearing, of whom three (3) shall be faculty and two (2) shall be students.
4. The Chair of the Board ("Board Chair") (see Definition 4) shall be appointed and approved by the Hearing Administrator.
5. The Board may have an advisor who was not involved in the investigation or resolution of the alleged misconduct being heard by the Board.
Hearing Administrator
1. A member of the Office of Student Conduct shall be designated as the Hearing Administrator to facilitate the hearing.
2. The Assistant Dean shall appoint the Hearing Administrator.
3. The Notice of Student Conduct Hearing (“Notice of Student Conduct Hearing”), which includes the date, time, and location of the hearing and whether the hearing is before a Hearing Officer or Board, shall be uploaded to a secure online platform. Following this upload, the Responding Party shall be notified via the preferred email address listed in MyNevada that the Notice of Student Conduct Hearing is available for review.
Disability Resource Center Representative
1. A student or the University may request a representative from the DRC to be present during conferences, meetings, resolutions, and hearing processes to protect the interests and rights of the student and/or the University.
2. The role of the DRC Representative is to protect the interests and rights of the Responding Party, Reporting Party, witness, and/or the University in accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973. The Responding Party, Reporting Party, and/or witness are responsible for presenting their information, introducing witnesses, asking questions, answering questions, and all other procedures throughout the hearing process. The DRC Representative does not question witnesses, speak to the Hearing Officer or Board regarding whether the student is responsible or not responsible, or advocate on behalf of the Responding Party, Reporting Party, and/or witness outside the realm of their accommodations.
Hearing Deadline
1. The hearing shall occur as soon as practical, but no less than ten (10) Working Days from the date the Responding Party notifies the Assistant Dean of their request for a hearing, but this period may be waived in writing by the Responding Party and emailed to the Hearing Administrator.
2. The Responding Party and the Assistant Dean may each be granted one (1) continuance upon a showing of good cause. Requests for a continuance must be submitted in writing and emailed to the Hearing Administrator at least one (1) Working Day prior to the hearing.
3. The Hearing Administrator shall determine whether the continuance shall be granted based upon the showing of good cause.

H. Hearing Procedures

Student conduct hearings shall be closed unless the Responding Party requests an open hearing by emailing the Hearing Administrator five (5) Working Days before the hearing, with the Assistant Dean included on the email. The Hearing Administrator shall respond within two (2) Working Days of receipt. The Hearing Administrator may grant the request if an open hearing complies with the Family Educational Rights and Privacy Act (“FERPA”) and protects the privacy needs of other students.
Disciplinary records, including hearing proceedings, are part of a student's education record. As such, the privacy protections afforded to a student under FERPA dictate the standards for a closed hearing.
1. If a student conduct hearing is closed, the Hearing Officer, Board members, Responding Party, Reporting Party, DRC Representative, witnesses, and their advisors shall not discuss the matter with anyone outside of the hearing room.
2. Any employee or student found in violation of this may be subject to disciplinary action.
The Responding Party, Reporting Party, and/or witness may have one (1) advisor present during the hearing. The role of the advisor is defined in Section IV(A)(6).
The Responding Party, the Assistant Dean, their advisors, the DRC Representative, the Hearing Officer or Board, their advisor, and the Hearing Administrator may attend all parts of the hearing where information is presented. Admission of any other person to the hearing, including permission to stay for closed sessions, shall be at the discretion of the Hearing Officer or Board Chair.
The Responding Party, the Assistant Dean, their advisors, and the DRC Representative are not permitted to be present during the closed sessions for deliberation. The Hearing Officer or Board, their advisor, and the Hearing Administrator shall remain and be present during these closed sessions.
In student conduct hearings involving more than one Responding Party, hearings shall be conducted separately unless the Hearing Administrator permits them to be conducted jointly upon the Responding Parties’ request.
Five (5) Working Days before the hearing, the Responding Party and the Assistant Dean shall submit the names (first and last), email addresses, and professional backgrounds (specifically whether they are an attorney) of their respective witnesses via email to the Hearing Administrator. Upon receipt, the Hearing Administrator shall formally invite these witnesses to the hearing via email, providing the date, time, and location.
1. Failure to timely identify witnesses by providing their first and last names, accurate email addresses, or professional backgrounds as required shall result in the exclusion of that witness's testimony at the hearing.
2. Identified witnesses shall be notified via email and invited to the hearing by the Hearing Administrator two (2) Working Days before the hearing.
3. Procuring the attendance of witnesses shall be the responsibility of the Responding Party or the Assistant Dean who identified the witness.
4. The Assistant Dean is not responsible for submitting documents on behalf of the Responding Party.
5. The Responding Party shall be allowed to submit a written response to the Charging Letter if the Responding Party chooses.
6. Failure to timely submit evidence or a written response to the Charging Letter shall result in the exclusion of evidence at the hearing.
7. The Responding Party and Assistant Dean have the right to review the witness names identified by each party and the evidence provided by each party two (2) Working Days before the hearing.
  1. This review shall take place within the Office of Student Conduct.
  2. The review shall occur during normal working hours under the supervision of the Hearing Administrator.
  3. These documents are confidential and shall not be reproduced or released for review outside of the Office of Student Conduct.

The formal rules of evidence shall not apply in Code proceedings.
The hearing, except for deliberations, shall be taped or digitally recorded by the Hearing Administrator.
1. No other taping or digital recording shall be allowed by anyone attending the hearing.
2. Surreptitious Recording (see Definition 31) is prohibited by NRS 396.970 and UAM 7,004.
3. The Hearing Administrator also has the right, at their discretion, to hire a court reporter, as appropriate. The record shall be the property of the University of Nevada, Reno, and maintained with the Responding Party's confidential conduct records within the Office of Student Conduct.
4. Upon request to the Hearing Administrator by the Responding Party, a written transcript shall be provided within a reasonable time, at the expense of the requesting party. Personally identifiable information may be redacted from the transcript in accordance with applicable law.
If a Responding Party, 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 Responding Party's absence. Failure of the Responding Party to appear is not evidence that the Responding Party is responsible for the charges of misconduct or the appropriateness of the proposed disciplinary sanctions.
If the Responding Party is concerned about, suspected of, or being investigated for violations of criminal law, the Responding Party does not have to answer questions to preserve the Responding Party's Fifth Amendment right against self-incrimination. The Responding Party's decision to invoke the Fifth Amendment right against self-incrimination shall not be used against the Responding Party in determining whether the Responding Party is responsible for a violation of the Code.
If during the hearing process, the Reporting Party, the Responding Party, or any witnesses have concerns for personal safety, well-being, or fear of confrontation, the Hearing Officer or Board Chair may accommodate those concerns. Accommodation may include receiving relevant information and conducting conversations to resolve the case using methods that do not require both parties to be present in the same room simultaneously.

I. Order of the Hearing

The Hearing Officer or Board Chair shall state the content of the Charging Letter regarding the specific charges and proposed disciplinary sanctions.
The Assistant Dean and the Responding Party shall each be allowed an opportunity to give a brief opening statement (i.e., summary), not to exceed five minutes, about the nature of the case. The opening statement shall not be considered evidence in the case.
The Assistant Dean shall be asked to present evidence supporting the charges of misconduct and proposed disciplinary sanctions against the Responding Party.
1. Additionally, the Hearing Officer or Board Chair and board members may present questions of their own to the Assistant Dean.
The Hearing Officer or Board Chair may call identified witnesses on behalf of the Assistant Dean, including the Reporting Party.
1. Additionally, the Hearing Officer or Board Chair and board members may present questions of their own to the witnesses.
The Responding Party shall be asked to present evidence supporting the Responding Party's position against the allegation of misconduct.
1. Additionally, the Hearing Officer or Board Chair and board members may present questions of their own to the Responding Party.
The Hearing Officer or Board Chair may call identified witnesses on behalf of the Responding Party, including the Reporting Party.
1. Additionally, the Hearing Officer or Board Chair and board members may present questions of their own to the witnesses.
2. If the Responding Party is concerned about, suspected of, or being investigated for violations of criminal law, the Responding Party does not have to answer questions to preserve their student's Fifth Amendment right against self-incrimination.
3. The Responding Party's decision to invoke the Fifth Amendment right against self-incrimination shall not be used against the Responding Party in determining whether the Responding Party is responsible for a violation of the Code.
Information and testimony presented by the Assistant Dean and the Responding Party must be relevant to the specific charges and/or the appropriateness of the proposed disciplinary sanctions. The Hearing Officer or Board Chair can strike or exclude any information or testimony not relevant to the specific charges and/or the appropriateness of the proposed disciplinary sanctions.
The Assistant Dean and the Responding Party shall each be allowed an opportunity to give a brief closing statement (i.e., summary), not to exceed five minutes, about the case and evidence presented. The closing statement shall not be considered evidence in the case.
The Hearing Officer or Board Chair shall close the hearing to review and deliberate upon the presented information and render a decision regarding whether the Responding Party violated the Code.
1. The Hearing Officer or the Board's decision shall be made based on a preponderance of the evidence: whether it is more likely than not that the Responding Party is responsible for the charged misconduct.
2. If a Board makes the decision, it should be made through consensus, when possible; if not, then by a simple majority vote of the Board members.
The Hearing Officer or Board Chair shall re-open the hearing and present the findings to the Responding Party, Assistant Dean, their advisors, and the DRC Representative.
If the Responding Party is found not responsible for a violation, then the hearing is concluded.
If the Responding Party is found responsible for violations of the Code, the Hearing Officer or Board shall consider the appropriateness of the disciplinary sanctions listed in the Charging Letter, along with any evidence presented during the hearing related to those sanctions. The Hearing Officer or Board cannot deviate from the disciplinary sanctions stated in the Code.
The Hearing Officer or Board Chair shall reopen the hearing and present the findings on the proposed disciplinary sanctions to the Responding Party, the Assistant Dean, their advisors, and the DRC Representative.
Within five (5) Working Days of the hearing's conclusion, the Hearing Officer or Board Chair shall submit their decision regarding responsibility for the violations and the proposed disciplinary sanctions to the Hearing Administrator, who then forwards it to the Assistant Dean. Within five (5) Working Days of receipt, the Assistant Dean reviews the case to determine if the disciplinary sanctions should be lessened. The Assistant Dean may either uphold the original disciplinary sanctions or reduce them to better serve an educational or remedial purpose.
Within five (5) Working Days of receiving the Assistant Dean’s decision, the Hearing Administrator shall prepare the final decision ("Student Conduct Hearing Findings" letter) and upload it to a secure online platform. Following this upload, the Responding Party shall be notified via the preferred email address listed in MyNevada that the Student Conduct Hearing Findings is available for review.
When a Responding Party requests a hearing regarding the proposed disciplinary sanctions only, the pre-hearing procedures, hearing procedures, and the order of the hearing shall follow the procedures established for hearings addressing both the finding of responsibility for violating the Code and the proposed disciplinary sanctions. However, the scope of the hearing shall be restricted exclusively to the appropriateness of the proposed disciplinary sanctions. Evidence or arguments attempting to contest the underlying finding of responsibility shall not be considered during these proceedings.

J. Procedures for Allegations of Non-Title IX Sexual Harassment

The following procedures shall apply in proceedings alleging sexual harassment, including allegations of sexual violence, rape, sexual assault, sexual battery, or sexual coercion (see Definition 28):

Prior to the hearing, the Hearing Administrator shall provide the Reporting Party with all documentation, evidence, and witness lists submitted by the Responding Party and the Assistant Dean five (5) Working Days before the hearing, if any such materials are submitted.
When a Responding Party requests a hearing regarding non-Title IX sexual harassment to appeal both the finding of responsibility and the proposed disciplinary sanctions, or the proposed disciplinary sanctions only, the pre-hearing procedures, hearing procedures, and the order of the hearing shall follow the procedures established for Code violations unrelated to non-Title IX sexual harassment.
In addition to procedures for Code violations unrelated to non-Title IX sexual harassment, the post-hearing procedures shall require the Hearing Administrator to inform the Reporting Party via email of the hearing findings regarding responsibility and any disciplinary sanctions. Should the Responding Party appeal, the Hearing Administrator shall also inform the Reporting Party of the appeal decision regarding whether grounds for appeal were met.

K. Additional Procedures Available When Physical Assault Is Alleged

The following procedures shall apply in proceedings alleging serious physical assault:

Prior to the hearing, the Hearing Administrator shall provide the Reporting Party with all documentation, evidence, and witness lists submitted by the Responding Party and the Assistant Dean five (5) Working Days before the hearing, if any such materials are submitted.
When a Responding Party requests a hearing regarding serious physical assault to appeal both the finding of responsibility and the proposed disciplinary sanctions, or the proposed disciplinary sanctions only, the pre-hearing procedures, hearing procedures, and the order of the hearing shall follow the procedures established for Code violations unrelated to serious physical assault.
In addition to procedures for Code violations unrelated to serious physical assault, the post-hearing procedures shall require the Hearing Administrator to inform the Reporting Party via email of the hearing findings regarding responsibility and any disciplinary sanctions. Should the Responding Party appeal, the Hearing Administrator shall also inform the Reporting Party of the appeal decision regarding whether grounds for appeal were met.

L. Appeals

The Responding Party may submit a written appeal (“Statement of Appeal”) via email to the Assistant Dean to appeal a decision of responsibility for a violation of the Code and/or an associated disciplinary sanction within ten (10) Working Days of receipt of the Student Conduct Board Findings letter. The Responding Party’s Statement of Appeal must include all written arguments in support of the appeal and state the specific grounds for the appeal.
The only grounds for an appeal are:
1. Procedural errors that substantially impacted the outcome of the case.
2. The decision reached regarding the Responding Party was not based on a preponderance of the evidence.
3. The disciplinary sanctions imposed were not appropriate for the violation of the Code for which the Responding Party was found responsible.
The Assistant Dean shall review the appeal and, within fifteen (15) Working Days from receipt, email the student's appeal, accompanied by the Hearing Record that includes the Charging Letter, recording of the hearing, written evidence, arguments, and decision of the Hearing Officer or Board, and the Assistant Dean’s written arguments in opposition to the appeal to the Dean for a final determination. The Dean shall provide a final determination via email to the Assistant Dean within fifteen (15) Working Days of receipt of the appeal, Hearing Record, and the written arguments of the Assistant Dean. Upon receipt of the Dean’s determination, the Assistant Dean shall communicate the decision to the Responding Party in writing within five (5) Working Days. The burden of demonstrating grounds for an appeal rests with the Responding Party.
The Dean may uphold the decision or order a new hearing before a new Hearing Officer or Board.
The decision of the Dean is final.
Any disciplinary sanctions against the Responding Party shall not take effect until the appeal is concluded.
If the Dean orders a new hearing, then the Responding Party may not appeal against the subsequent decision unless the Responding Party can introduce new grounds for appeal that did not exist during the original hearing.
This Section IV(L) for Appeals does not apply to matters of Title IX Sexual Harassment, which are covered under Section VII of this Code.

M. Disciplinary Sanctions

The purpose of a disciplinary sanction is to educate an individual student about 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 University Community's need for the resolution of the misconduct. Educational activities may be assigned to the student as a condition of the student's successful resolution of the violations. The educational purpose of sanctioning shall ordinarily be the guiding force behind the imposition of sanctions within the University disciplinary process. In some instances, however, the University Community's need to function properly outweighs the University's ability to educate an individual. In such cases, in the interest of the University Community, suspension or expulsion from the University may result.
Previous findings of responsibility for violation of the Code may be used to determine the level of disciplinary sanction recommended. However, suspension or expulsion may be recommended for a first finding of a Code violation.
One or more of the following disciplinary sanctions may be imposed on a student or student organization found to have violated the Code:
1. A written reprimand for violation of specified code violations.
2. 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.
3. Disciplinary Probation. Probation is for a designated period and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional policies, rules, and regulations during the probationary period. Failure to complete the conditions of the probationary term may result in other disciplinary sanctions.
4. Loss of Privileges. Denial of specified privileges for a designated period.
  1. Denial of use of University facilities for a designated period.
  2. Prohibition from recruiting and/or accepting new members for a designated period.
  3. Prohibition from participating in University events, including but not limited to orientation, intramurals, and other campus activities for a designated period.
5. Discretionary and Educational Sanctions. Participation in specific educational programs, such as, but not limited to, alcohol and/or other drug educational intervention conferences, assessments, educational activities such as online instructional workshops, work assignments or service to the University or the surrounding community, and other related discretionary assignments. Failure to complete the discretionary and educational sanctions may result in other disciplinary sanctions.
6. Administrative Hold on Transcript and/or Registration. A hold restricts the release of a student's transcript or access to registration until satisfactory completion of conditions or disciplinary sanction(s) imposed by the Assistant Dean, a Hearing Officer, or a Board. Upon proof of satisfactory completion of the conditions or disciplinary sanctions, as determined by the Assistant Dean, the administrative hold may be released, and the student shall be informed of the release.
7. No Contact Directive. A prohibition of direct or indirect physical, verbal, and/or written contact with another individual or group.
8. Prohibition from Participation. A prohibition from participating in recognized University events or programs and/or participating in third-party events or programs as a student, student group, student club, or student organization sponsored by or affiliated with the University.
9. Loss of recognition for the student club or student organization for a set period of time.
10. University Suspension. Exclusion for a definite period 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 _______." 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 a request must be submitted in writing to the President in accordance with NSHE Handbook, Title 2 NSHE, 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.
11. Deferred University Suspension. Separation of the student from the University, deferred until the current semester’s close or some other period necessary for review of student progress in addressing the conduct concern. This disciplinary 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. This disciplinary sanction applies to students at the University.
12. University Expulsion. Termination of student registration and status for an indefinite time. Permission of the President shall be required for readmission. The official transcript of the student shall be marked "DISCIPLINARY EXPULSION EFFECTIVE." 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 a request must be submitted in writing to the President 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.
13. Withholding of a Degree. Before awarding a degree, the University may withhold a degree from a student. This disciplinary sanction applies to students at the University.

Other than University suspension, expulsion, or withholding of a degree, disciplinary sanctions shall not be made part of the student's official transcript, Still, they shall become part of the student's disciplinary record. The Family Educational Rights and Privacy Act (FERPA) defines disciplinary records as educational records. Disciplinary records are therefore protected from disclosure without the written consent of the student, a court order, or as otherwise allowed by FERPA. Disciplinary records are stored within the Office of Student Conduct and maintained in compliance with FERPA, the Clery Act, and NSHE's Record Retention and Disposition Schedule.
Upon graduation, or during the semester immediately preceding it, a student may email an expungement request to the Assistant Dean to have their disciplinary record expunged. This process applies to all disciplinary actions except residence hall expulsion, University suspension, University expulsion, or the withholding of a degree. The Assistant Dean shall review the request and, within fifteen (15) Working Days from receipt, email the request, accompanied by a recommendation that includes the case file, evidence, and other relevant information, to the President for a final determination. The President shall provide a final determination to the Assistant Dean within fifteen (15) Working Days of receipt of the request and recommendation. Upon receipt of the President’s determination, the Assistant Dean shall communicate the decision via email to the student within five (5) Working Days. The burden of demonstrating reasonable cause for expungement rests with the student. In evaluating the request, the President may consider the following factors:
1. The stated reason for the request and the surrounding circumstances.
2. The date and seriousness of the violation.
3. The student’s conduct and disciplinary history since the violation, including the successful completion of any imposed sanctions.
4. The impact, if any, on the public interest.
5. The consequences of denying the request.
The decision to grant or deny an expungement request rests solely within the discretion of the President. The enumeration of the above factors does not imply a duty to grant the request, and it does not create a balancing test. The denial of an expungement request is not subject to appeal, but a student may submit a new request at one-year intervals following a denial.
Students found responsible for an Academic Standards Policy violation may be subject to academic sanctions as stated within the Academic Standards Policy, which are separate from disciplinary sanctions imposed under the Code.
Reinstatement After Separation from Campus Due to Suspension or Loss of Recognition.
1. Students whose disciplinary sanctions result in a change of enrollment status due to suspension shall have an administrative hold placed on their student account. At the end of the suspension period, the student must schedule a conference with the Assistant Dean.
  1. The student must meet with the Assistant Dean to determine if the student has completed the terms of the disciplinary sanctions and if the student has demonstrated readiness for student success.
  2. The hold shall be removed when the Assistant Dean notifies the Office of Admissions and Records in writing to remove the administrative hold.
  3. When the student returns to the University, the student shall serve a minimum six-month period of probation, or for the remainder of their active enrollment if less than six months remain, as determined by the Assistant Dean.
2. A student organization that loses recognition because of a violation of the Code shall have an administrative freeze placed on its status. At the end of the loss of recognition period, the student organization shall contact the Assistant Dean to schedule a conference at which the student organization shall present information supporting reinstatement.
  1. The Assistant Dean shall consider the information provided, along with information from other campus partners, to determine if the student organization shall be recognized by the University.
  2. The freeze shall be removed when the Assistant Dean notifies the Center for Student Engagement in writing to remove the freeze.
  3. When the student organization returns to the University, the student organization shall serve a minimum six-month period of probation, or for the remainder of its active operational period if less than six months remain, as determined by the Assistant Dean.

N. Interim Measures

Interim measures may be implemented and enforced during the investigative process upon the determination of the Assistant Dean when one or more of the following apply:
1. The health and/or safety of the Reporting Party, Responding Party, and/or witnesses is apparent.
2. Flagrant disregard for policy or procedures is alleged to have occurred.
Interim measures can include the following:
1. Interim Prohibition from Participation: A member or student club/organization is temporarily prohibited from participating in all activities associated with the student club/organization, which include but are not limited to student club/organization business, activities, meetings, operations, travel, and competitions.
  1. This can apply to an individual or to all members of a student club or organization.
  2. The Assistant Dean may end the Interim Prohibition from Participation at the conclusion of the investigation and/or the Student Conduct process.
  3. The Interim Prohibition from Participation shall end when any of the following occurs:
    1. A Finding of Non-Responsibility is issued;
    2. Acceptance of Responsibility is signed and accepted, and a Prohibition from Participation is not one of the disciplinary sanctions; or
    3. A hearing has concluded, and a Prohibition from Participation is not one of the disciplinary sanctions.
2. Interim No Contact Directive: Interim No Contact Directives can be issued for complainants, respondents, and witnesses.
  1. Interim No Contact Directives limit the type of contact students may have with each other during a designated time period.
  2. The Assistant Dean may end the Interim No Contact Directive at the conclusion of the investigation and/or conclusion of the Student Conduct Process.
  3. The Interim No Contact Directive shall end when any of the following occurs:
    1. A Finding of Non-Responsibility is issued;
    2. Acceptance of Responsibility is signed and accepted, and a No Contact Directive is not one of the disciplinary sanctions; or
    3. A hearing has concluded, and a No Contact Directive is not one of the disciplinary sanctions.