Section II: Scope of Authority and Jurisdiction
- NSHE Code 6.1.1 authorizes the University to establish this Code.
- The President of the University, through the Vice President for Student Services, shall designate appropriate individuals or entities to administer the University student disciplinary system.
- The Assistant Dean, Student Conduct has been designated to represent the University in student disciplinary matters for undergraduate and graduate students in all campus degree programs with the exception of those students enrolled in the University of Nevada School Of Medicine, which has authority for providing student conduct standards and disciplinary procedures for its students.
- The Assistant Dean, Student Conduct shall be responsible for the coordination of the procedures and processes of the University student discipline system for the University campus and shall report to the Vice President for Student Services or the designee.
- In the event that the Assistant Dean, Student Conduct is not able to fulfill the responsibilities set forth in the Code, the Vice President for Student Services, or the designee, shall appoint a student services staff member to perform the duties of the Assistant Dean on an interim basis. This provision shall also apply when the Assistant Dean, Student Conduct position is vacant.
- In the event that the Dean of Students is not able to fulfill the responsibilities set forth in the Code, the Associate Vice President for Student Services shall appoint a student services staff member to perform the duties of the Dean of Students on an interim basis. This provision shall also apply when the Dean of Students position is vacant.
- The Assistant Dean, Student Conduct, may designate a person(s), as needed, to perform duties associated with the conduct process of a student or student organization.
- The administrative faculty members in the Office of Student Conduct and of the Office of Housing, Residential Life and Food Services shall be responsible for monitoring student compliance with all discipline conditions and sanctions imposed through the disciplinary process and shall maintain all official student disciplinary records.
- The Assistant Dean has the authority under the Code to change the enrollment status of a student at the University.
B. Scope of Authority
- The University authority extends to persons identified as students because of their status as enrolled in the institution on a part-time, full-time or auditing basis and to student organizations recognized by the University, referred to in this Code as Recognized Student Organizations (see Definition 15).
- This scope of authority also extends to persons with a continued intent to pursue an education at the University which includes, but is not limited to the following: persons participating in orientation programs, persons participating in early-start programs and persons enrolled in online courses exclusively.
- If a graduate of the University is found to have been involved in material academic misconduct that impacts the reputation of the University, the University shall invoke its authority to resolve the incident through a review of, and possible action to modify, the graduate's status and record including revocation of degree if warranted in accordance with NSHE Code 6.3.7.
- If the student withdraws from the University while a disciplinary action is pending, the Assistant Dean shall be allowed to complete any investigation to the extent reasonably practicable, for the purpose of preventing the reoccurrence of and to remedy the effects of the alleged misconduct. The facts and circumstances of the charge(s) may be cause for denial of readmission, denial of an application of employment or denial of work as an independent contractor.
- Generally: The University has authority to govern student conduct on University property, or as it relates to University Property (see Definition 30), or at official University functions and University-sponsored programs or events conducted away from University campus. University Property is defined for purposes of this Code as all land, buildings, facilities or other grounds or structures, or any item in possession of, or owned, used, maintained, or controlled by the University or NSHE or designated by the campus subject to these policies.
- Off- Campus: The University’s authority extends to off-campus conduct that violates the Code and adversely and directly affects the health, safety, or property of any member of the University community. In determining whether the off campus conduct sufficiently adversely and directly affects the health, safety, or property of a member of the University community to exercise this jurisdiction, the University shall consider whether:
- The conduct involves an allegation of serious misconduct, which, if true, would rise to the level of creating a substantial threat to the safety of the University community. Examples may include but are not limited to, physical or sexual assault, rape, hazing, harassment, stalking, furnishing alcohol to minors, distribution of drugs or illegal substances, or illegal weapons use;
- There is a significant connection to the University, such as the conduct involves University property, or the injured or aggrieved party is a University student, faculty, or staff member; and
- The University can conduct a thorough investigation and has access to necessary witnesses and documents.
The University shall review each off-campus incident referred to the University on a case-by-case basis to allow for consideration of the unique facts of each situation involving student behavior.
Nothing in this Code may conflict with the ability of students to exercise rights protected by the First Amendment on or off campus.
- Jurisdiction of Title IX sexual harassment cases is addressed in Section VII.
D. Official Policies of the University
- The faculty members of the Office of Student Conduct administer the University's student conduct programs and the disciplinary process, according to the Code.
- The Code is published annually. The Board of Regents for the Nevada System of Higher Education have given authority to each NSHE campus to establish their individual student codes of conduct, regulations, and procedures with final approval by the President of the University.
- Residential Life staff has the authority to administer the Code with residence hall students.
- The University administration views the student conduct process as an administrative, educational process separate from litigation that may be related to any civil or criminal action. When students and/or student organizations are engaged in the conduct process because of alleged violations of the Code, the conduct process may continue concurrently with any legal process through the entirety of the disciplinary process allowed by the Code.
- When a student is charged by federal, state, or local authorities with a violation of the law, the University shall not request or agree to special consideration for that individual because of their status as a student. Action by the University may go forward regardless of other possible or pending administrative, civil, or criminal proceedings arising out of the same or other incidents. The person filing the complaint may choose to file charges against the student in one or both arenas: internally, through the University student conduct system, or externally, through the criminal justice or civil system.
- The University may advise off-campus authorities of the existence of the Code and of the process for resolution of a potential violation of the Code on campus. The University shall attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus. Individual students remain free to interact with governmental representatives as they deem appropriate. Decisions on the University student conduct case resolution, including sanctions imposed, shall not be automatically subject to change because criminal charges arising out of the same allegations giving rise to the complaint of violation of University rules were dismissed, reduced, or resolved in favor or against the student defendant in other judicial or administrative proceedings.
- During the conduct resolution process, the needs, and rights of the person(s) responding to accusations of alleged misconduct, the needs, and rights of the person(s) reporting to be the victim of the other student's alleged misconduct, and the needs and obligations of the University Community at large are judged to be equally important.
- The Assistant Dean, or designee, may interview other members of the University Community, including students, classified staff, or administrative or academic faculty to gather information during a conduct investigation.
- Members of the University Community who have information related to student or student organization activities may be asked to provide information at any time during a conduct process.
- The Equal Opportunity and Title IX process is separate from the student conduct investigative process.
- Persons seeking to file a complaint (Reporting Party see Definition 18) against a student or student organization should contact the staff in the Office of Student Conduct. Complaints can be submitted to the Office of Student Conduct in person, by phone or by email. Complaints that include detailed information like names, the location(s) of the alleged behavior(s), the name(s) of anyone who saw the behaviors, and contact information for any person listed as a witness shall aid the conduct staff in addressing the complaint.
- Student Organizations reported to have violated any section(s) of the Code shall follow the same conduct process as individual students.
- The faculty in the Office of Student Conduct shall address and resolve complaints made against students in a reasonable time.
- Medical Amnesty and Good Samaritan Amnesty.
- Students at the University may be reluctant to seek medical assistance for themselves or others in instances of alcohol or drug intoxication for fear of facing disciplinary action from the University. The University seeks to remove this barrier that might prevent students and others from seeking the proper medical attention they need. To promote an ethic of shared responsibility and community support, the University encourages students to assist others, both on and off campus, by calling for medical assistance in instances of excessive alcohol and/or substance abuse.
- Students who seek medical assistance for themselves (Medical Amnesty) or seek help for another student (Good Samaritan) due to intoxication of alcohol and/or other substances will be exempt from the standard disciplinary processes provided in the Code for certain code violations that occurred at or around the same time that medical assistance was sought in accordance with this policy. Instead, students who have made the effort to seek help for themselves or other student(s) as stated in this policy will have the opportunity to meet with a staff member from the Office of Student Conduct for follow-up and a general wellness check-in, without receiving disciplinary action.
- Students will not be subject to the formal student conduct process for certain code violations that occurred at or around the same time if all the following apply:
- There is a medical emergency involving alcohol and/or controlled substances;
- A student seeks help for that emergency by initiating contact with emergency personnel or a University official (in the case of a student seeking assistance for another person(s), they must remain present until the contacted support party arrives); and
- No other egregious violations were committed during the same incident by the student receiving protection under this amnesty policy; egregious violations include, but are not limited to, sexual misconduct, driving under the influence, manufacturing/distribution/delivery of illegal drugs, possessing with intent to manufacture/distribute/deliver illegal drugs, relationship violence, stalking, hazing, or other conduct that risked someone’s health or safety.
- Any student who abuses this amnesty policy may be subject to disciplinary action in accordance with the Code.
- Although students receiving amnesty under this policy will not be subject to the formal student conduct process or receive any administrative sanctions, they may be required to meet with a Student Conduct Officer and/or undergo an appropriate educational discussion.
- This policy only provides amnesty from violations of the Code. It does not grant amnesty for criminal, civil or other legal consequences for violations of Federal, State or Local law. Civil and/or criminal investigations and other legal processes from governmental agencies outside of the University may still proceed at the discretion of the outside governmental agency. Also, in some instances, University Police Services may be required by law to report the incident to local law enforcement agencies. For information regarding legal immunity from certain offenses related to drug or alcohol overdose or other medical emergency, please see NRS 453C.150.