Section IV: Student Disciplinary Procedures

1. 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 complaint, investigation, informal resolution, live hearing, and appeal.
2. The procedures for the preliminary investigation, preliminary conference, investigative findings, and resolution of the charge(s) addressing a complaint filed with the Office of Student Conduct against a student organization are the same as the procedures for an individual student.
3. The hearing procedures and process set forth in Sections IV(G) and IV(I) shall also apply to allegations made against a student organization.
4. Investigations of a student organization may lead to an investigation of individual student(s).
5. Advisors
   1. During the student disciplinary procedures, including the complaint, conference, resolution and hearing processes, the Responding Party (see definition 23) may be assisted by one (1) advisor of their choosing, if desired.
   2. The Responding Party’s advisor cannot be a witness or have a conflict of interest in the matter, as determined by the Dean of Students (from here on referred to as the “Dean”).
   3. The advisor may be an attorney.
   4. The advisor serves as a supporter and advisor during the conference(s) or hearing.
   5. The Responding Party, and not the advisor, is responsible for presenting the Responding Party's own information, introducing witnesses, and answering questions throughout the conference(s) or hearing.
   6. The advisor has no right to participate or speak during the conference(s) or hearing, except to the Responding Party.
   7. The Responding Party must notify the Assistant Dean of the identity of the advisor, at least five (5) Working Days before the conference(s) or hearing.
   8. If the Responding Party chooses to have an advisor, the Assistant Dean may be accompanied by an advisor or by an attorney if the Responding Party chooses an attorney as the Responding Party's advisor.
   9. The Hearing Officer or Board may have an advisor or attorney at all hearings, regardless of whether the Responding Party brings an advisor. 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.

1. Any member of the University Community may file a complaint in writing 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 takes place, preferably within thirty (30) 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 (UAM 6,502).
2. In cases involving a complaint of Discrimination or Non-Title IX Sexual Harassment, the matter shall be referred to the University’s Equal Opportunity and Title IX Office (“Title IX Office”) which shall investigate of the discrimination or sexual harassment allegations. The University’s Equal Opportunity and Title IX Director (“Title IX Director”) or the Director’s designee shall send the findings and recommendations from that investigation to the Assistant Dean.
3. 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.
4. In cases involving a complaint of Title IX Sexual Harassment, the matter shall be referred to the Title IX Office which shall handle the matter in accordance with Section VII.
5. In cases involving a complaint of all other alleged violations of the Code, the Office of Student Conduct shall conduct the investigation into the allegations.
6. Preliminary Investigation
   1. Except for those allegations involving Discrimination (Definition 11), Non- Title IX Sexual Harassment (Definition 25) and Title IX Sexual Harassment, which are referred to the Title IX Office, for all other allegations in the complaint, the Assistant Dean shall conduct a preliminary review of the allegations to determine whether there is reason to believe a violation has occurred.
7. Upon determining that the allegations indicate a violation of the Code may have occurred, the Assistant Dean shall send the Responding Party/student organization a Notice of Conference identifying the alleged violation ("Notice of Conference").
8. In appropriate circumstances, the Assistant Dean may impose an interim "no contact directive, and/or interim "prohibition from participation" directive prior to the Conference (see Section M. 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, an ongoing risk to the health and safety of the University Community and/or a disruption to the educational environment.

1. 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 sanction(s); (4) inform the Responding Party that the Assistant Dean shall conduct an investigation, including interviewing people and gathering evidence and/or shall rely upon the investigation conducted by the Title IX Office, 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 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) a Notice of Informal Resolution; 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.
2. The Notice of Conference shall be uploaded onto a secure online platform, and the Responding Party shall be notified using the email address listed in MyNevada that the Notice of Conference has been prepared and is available to the Responding Party via a secure online platform. The University treats email as an official means of communication, and students are responsible for all information sent to them via their email address listed in MyNevada.
3. If the Notice of Conference is sent in the manner described in Section IV(C)(2), the Responding Party is deemed to have received notification of the Notice of Conference.

1. 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, documents, or evidence in support of the Responding Party's position.
2. 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 are warranted, the Assistant Dean shall request the Title IX Office conduct additional investigation of the allegations of Discrimination, Non-Title IX Sexual Harassment or Title IX Sexual Harassment and/or request additional information from the Title IX Office.
3. 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(I), below: (a) Finding of Non-Responsibility; (b) Notice of Responsibility, where the student accepts the charge(s) and disciplinary sanction(s); (c) Notice of Informal Resolution, where the parties reach an agreement as to the charge(s) and disciplinary sanction(s); or (d) Charging Letter.
4. The Assistant Dean shall review the hearing process and procedures with the Responding Party.
5. The Responding Party may have an advisor present for the Conference. The role of the advisor is defined in Section IV(A)(5), above.
6. 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 until the Responding Party participates in the Conference.
7. 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(E) below.

1. 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(s) and all proposed disciplinary sanction(s) or
      2. Not accept all conduct violation(s) and all proposed disciplinary sanction(s) or Accept all conduct violation(s) and not accept some of the proposed disciplinary sanctions.
      3. If the conduct violation(s) and/or proposed disciplinary sanction(s) are not accepted in their entirety, the investigation will continue and conclude.
2. A Charging Letter or Finding of Non-Responsibility will be issued based upon the results of the investigation.
3. If a Charging Letter is issued, see Resolution Outcomes below.
4. Charging Letter
   1. If after the investigation is completed, the Assistant Dean determines that there is enough evidence to support the charge(s), the Assistant Dean shall inform the Responding Party in writing that the evidence supports the charge(s) ("Charging Letter”)
   2. The Charging Letter shall inform the Responding Party of the following:
      1. The conduct violation(s) charged;
      2. The proposed disciplinary sanction(s);
      3. The evidence in support of the investigation;
      4. Responding Party's right to a hearing and the hearing can be on the Code violation(s) and the proposed disciplinary sanction(s) or just the proposed disciplinary sanction(s). 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 any manner 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 charge(s) and proposed disciplinary sanction(s), accepting the charge(s) and having a hearing on the proposed disciplinary sanction(s), having a hearing on the charge(s) and proposed disciplinary sanction(s) or requesting an informal resolution.
5. If the Responding Party fails to notify the Assistant Dean within ten (10) Working Days of their chosen resolution, the charge(s) and proposed disciplinary sanction(s) shall be imposed and become part of the Responding Party’s disciplinary record.
6. The Charging Letter shall be uploaded onto a secure online platform, and the Responding Party shall be notified using the email address listed in MyNevada that the Charging Letter has been prepared and is available to the Responding Party via a secure online platform.

1. 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/allegation(s) of a Code violation (“Finding of Non-Responsibility”).
   2. The Finding of Non-Responsibility shall be uploaded onto a secure platform, and the Responding Party shall be notified using the email address listed in MyNevada that a Finding of Non-Responsibility has been prepared and is available to the Responding Party via a secured online platform.
2. Acceptance of Responsibility
   1. The Responding Party has the opportunity at the Conference to admit to the Code violation(s), accept the proposed disciplinary sanction(s), and sign the Resolution Outcome Form indicating acceptance of responsibility for the Code violation(s) and proposed disciplinary sanction(s).
   2. If the Responding Party accepts the charge(s) and proposed disciplinary sanction(s), there shall be no hearing, and the Code violation(s)and disciplinary sanction(s) 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 violation(s), accept the proposed disciplinary sanction(s), and sign the Resolution Outcome Form indicating acceptance of responsibility for the Code violation(s) and proposed disciplinary sanction(s) as described in this paragraph after receiving a Charging Letter, described in Section IV(E)2.
   4. The Responding Party has the opportunity at the Conference to admit to the Code violation(s), request a hearing on the proposed disciplinary sanction(s), and sign the Resolution Outcome Form indicating acceptance of responsibility for the Code violation(s) only.
   5. If the Responding Party accepts the charge(s), but not the disciplinary sanction(s), the Code violation(s) shall be imposed and become part of the Responding Party’s disciplinary record and a hearing related to the proposed disciplinary sanction(s) shall be held.
   6. The Responding Party also has the opportunity to sign the Resolution Outcome Form indicating acceptance of responsibility as to the Code violation(s) as described in this paragraph after receiving a Charging Letter, as described in Section IV(E).
3. Notice of Informal Resolution
   1. A Notice of Informal Resolution can be used when a Responding Party wishes to resolve a matter informally, without a hearing.
   2. Informal resolution cannot occur before the Charging Letter has been issued.
   3. The Responding Party can informally resolve the charge(s) and proposed disciplinary sanction(s).
   4. In some cases, the informal resolution may involve conflict resolution or an educational conference, which shall be mutually agreed upon during the Conference.
   5. If all parties agree on an Informal Resolution, the parties shall sign a document indicating the terms of the agreement.
   6. There shall be no hearing or appeal, and the charge(s) and disciplinary sanction(s), if any, shall be imposed and become part of the Responding Party’s disciplinary record.
   7. A Responding Party may have an advisor present during any resolution meeting or conference. The role of the advisor is defined in Section IV(A)5, above.
4. Not Accept Responsibility
   1. A Responding Party may choose to not accept responsibility for the alleged Code Violation(s) and sanction(s).
   2. If the Responding Party chooses not to accept responsibility for the alleged Code Violation(s) and sanction(s), the Responding Party is automatically choosing to move to a hearing.
5. Request for a Hearing
   1. If after the investigation is completed, the Assistant Dean determines there is enough evidence to support the charge(s), the Assistant Dean shall inform the Responding Party in writing that the evidence supports the charge(s) ("Charging Letter”).
   2. The Charging Letter shall inform the Responding Party of the following:
      1. The conduct violation(s) charged;
      2. The proposed disciplinary sanction(s);
      3. The evidence in support of the investigation;
      4. Responding Party's has a right to a hearing, and the hearing can be on the Code violation(s) and the proposed disciplinary sanction(s), or just the proposed disciplinary sanction(s).
      5. The Responding Party may have an advisor present at the hearing;
      6. 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.
   3. The Charging Letter shall also inform the Responding Party that they, the Responding Party, has ten (10) Working Days to consider the Responding Party’s options for resolution, including accepting the charge(s) and disciplinary sanction(s), accepting the charge(s) and having a hearing on the disciplinary sanction(s), having a hearing on the charge(s) and disciplinary sanction(s), or requesting an informal resolution.
   4. If the Responding Party fails to notify the Assistant Dean within ten (10) Working Days of their chosen resolution, the Code violation(s)and disciplinary sanction(s) shall be imposed and become part of the Responding Party's disciplinary record.
   5. The Charging Letter shall be uploaded onto a secure online platform, and the Responding Party shall be notified using the email address listed in MyNevada that the Charging Letter has been prepared and is available to the Responding Party via a secure online platform.

1. Appointing a Hearing Officer or Impaneling a Board
   1. The Dean of Students (“Dean”) shall determine if a case shall be heard by a Hearing Officer or a Board.
   2. The determination is made based on the alleged misconduct, the level of disciplinary sanction(s) that may be considered, and the needs of the Responding Party, Reporting Party, and University Community as a whole.
2. Hearing Officer
   1. The Hearing Officer (Definition 17) hears cases involving students and student organizations accused of violating the Code.
   2. The Hearing Officer shall be appointed by the Dean from academic and administrative faculty members who have received applicable training.
   3. The Hearing Officer may have an advisor who was not involved in the investigation or resolution of the alleged misconduct being heard by the Hearing Officer.
3. 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 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 and at least one (1) of them shall be a student.
   4. The Chair of the Board ("Board Chair") (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.
4. Hearing Administrator
   1. A member of the Office of Student Conduct shall be designated as the facilitator for the hearing ("Hearing Administrator") (Definition 16).
   2. The Hearing Administrator shall be appointed by the Dean.
   3. The Hearing Administrator shall notify the Responding Party in writing of the date, time, and location of the hearing and whether the hearing is before a Hearing Officer or Board (Notice of Hearing).
5. Hearing Deadline
   1. The hearing shall occur within twenty-five (25) Working Days, but no less than ten (10) Working Days, from when the Responding Party notifies the Assistant Dean that the Responding Party wants a hearing.
   2. The Responding Party and the Assistant Dean may each be granted one continuance upon a showing of good cause.
   3. The Dean shall make the determination as to whether the continuance shall be granted.
   4. Any request for a continuance shall not exceed the twenty-five (25) Working Days as described in 5(a).
   5. The Dean has sole discretion to allow for a delay in the hearing due to a scheduling conflict of a witness. Any delay that is approved shall not exceed the twenty-five (25) Working Days as described in 5(a).

1. Student conduct hearings shall be closed unless the Responding Party requests in writing an open hearing.
2. Requests for an open hearing shall be made at least five (5) Working Days before the hearing. Requests for an open hearing shall be reviewed by the Dean and may be granted if the request is consistent with the Family Educational Rights and Privacy Act (“FERPA”) and the overriding individual privacy needs of other students involved in the hearing are not violated.
3. 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. a. If a student conduct hearing is closed, the Hearing Officer, Board members, Responding Party, Reporting Party, witnesses, and advisors shall not discuss the matter with anyone outside of the hearing room. b. Any employee or student found in violation of this may be subject to disciplinary action.
4. A Responding Party may have one (1) advisor present during the hearing. The role of the advisor is defined in Section IV(A)(5), above.
5. The Responding Party, the Assistant Dean, and their 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(s) and proposed disciplinary sanction(s).
6. The Board’s advisor shall be allowed to be present during the closed session. Admission of any other person to the hearing shall be at the discretion of the Hearing Officer or Board Chair.
7. In student conduct hearings involving more than one Responding Party, the Dean has discretion to permit the conduct hearings to be conducted either separately or jointly.
8. The Responding Party and Assistant Dean shall provide written notification to the Hearing Administrator of a list of witnesses and witness email addresses they intend to use at the hearing no later than five (5) Working Days before the hearing.
   1. Failure to timely identify witnesses and/or provide accurate email addresses may result in the exclusion of the witnesses’ testimony at the hearing.
   2. Potential witnesses who are identified by the Responding Party and the Assistant Dean shall be notified and invited to the hearing by the Hearing Administrator no later than two (2) Working Days prior to the hearing.
   3. Procuring attendance of witnesses shall be the responsibility of the Responding Party or 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 documents or a written response to the Charging Letter may result in the exclusion of these documents at the hearing.
   7. The Responding Party 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.
      1. This review shall take place within the Office of Student Conduct.
      2. For online students not residing in Reno, Nevada, viewing options may be provided at the discretion of the Assistant Dean.
      3. The review shall occur during normal working hours under the supervision of the Hearing Administrator.
      4. These documents are confidential and shall not be reproduced or released for review outside of the Office of Student Conduct.
9. 9. The formal rules of evidence shall not apply in Code proceedings.
10. 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 any person in attendance at the hearing.
    2. Surreptitious Recording (Definition 30) 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 shall be maintained with the Responding Party's confidential conduct records within the Office of Student Conduct.
    4. Upon request by the Responding Party, or the reporting student in a case when sexual harassment 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.
11. 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 charge of misconduct.
12. 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.
13. If during the conference, meeting, informal resolution, or hearing, the Complaining 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. 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.

1. The Hearing Officer or Board Chair shall state the content of the Charging Letter regarding the specific charge(s) and proposed disciplinary sanction(s).
2. The Assistant Dean and the Responding Party shall each be allowed an opportunity to give a brief opening statement about the nature of the case.
3. The Assistant Dean shall be asked to present information supporting the allegation of misconduct against the Responding Party.
4. The Hearing Officer or Board Chair may call identified witnesses on behalf of the Assistant Dean, including the Complaining Party.
5. The Responding Party and Board members may present questions to the Hearing Officer or the Board Chair, who shall then present the questions to the Assistant Dean or witnesses called on behalf of the Assistant Dean. a. 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. b. Additionally, the Hearing Officer and Board Chair may present questions of their own to the witnesses at any time while the witnesses are testifying. 
6. The Responding Party shall be asked to present information supporting the Responding Party's position against the allegation of misconduct. 
7. The Hearing Officer or Board Chair may call identified witnesses on behalf of the Responding Party including the Complaining Party.
8. The Assistant Dean, Hearing Officer or Board members may present questions to the Hearing Officer or the Board Chair, who shall then present the questions to the Responding Party and witnesses called on behalf of the Responding Party.
   1.  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.
   2. Additionally, the Hearing Officer and Board Chair may present questions of their own to the witnesses at any time while the witnesses are testifying.
   3. 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 student's Fifth Amendment right against self-incrimination.
   4. 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. 
9. Information and testimony presented by the Assistant Dean and the Responding Party must be relevant to the specifics charge(s) and/or proposed disciplinary sanction(s). The Hearing Officer or Board Chair is allowed to strike or exclude any information or testimony that is not relevant to the specific charge(s) and/or proposed disciplinary sanction(s).
10. The Assistant Dean and the Responding Party shall be given an opportunity to present a brief closing statement.
11. The Hearing Officer or Board members 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 committed the alleged misconduct.
    2. 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.
12. The Hearing Officer or Board Chair shall re-open the hearing and present the findings to the Responding Party.
13. If the Responding Party is found not responsible for a violation, then the hearing is concluded.
14. If the Responding Party is found responsible for one or more violations of the Code, the Hearing Officer or Board shall consider proposed disciplinary sanction(s), as listed in the Charging Letter, for the Responding Party after reviewing any prior violations of the Code. This includes imposed disciplinary sanctions and whether the student has completed these disciplinary sanctions. Possible sanctions to impose appear below in Section IV(N).
15. The Hearing Officer or Board Chair shall excuse the Responding Party, the Assistant Dean, and their advisors, if any, and close the hearing for deliberations regarding the appropriate disciplinary sanction(s).
16. The Hearing Officer or Board Chair shall reopen the hearing and present the findings on the proposed disciplinary sanction(s) to the Responding Party.
17. The Hearing Officer or Board Chair shall provide in writing to the Assistant Dean the decision on responsibility for the violation and the decision on the disciplinary sanction(s) within three (3) Working Days of the close of the hearing. The Assistant Dean has authority to lessen the disciplinary sanction(s) decided upon by the Hearing Officer or Board, if the Assistant Dean thinks a lesser disciplinary sanction will serve a better educational or remedial purpose.
18. The Assistant Dean shall provide the Responding Party with a final written decision (“Hearing Outcome” letter) 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 shall apprise the Complaining Party of the outcome of the hearing. The written decision shall include the student's right to appeal the decision.

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 Party and a Responding Party accused of alleged sexual harassment shall have the opportunity to select an independent advisor for assistance, support, and advice. The Complaining Party and Responding Party shall be advised at the beginning of the complaint process that the Complaining Party or Responding Party may select an independent advisor and it shall become the choice of the Complaining Party or Responding Party 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 Party or the Responding Party. The Title IX Coordinator or the Assistant Dean shall advise the Complaining Party and the Responding Party of this right.
2. The Complaining Party 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 Party must agree to the charge being heard by a Hearing Officer if the Assistant Dean and Responding Party agree.
   1. In other words, the Complaining Party, the Responding Party, and the Assistant Dean must all agree that a Hearing Officer will hear the matter, as opposed to a Board hearing the matter.
   2. The Complaining Party must be given the opportunity to participate in any pre-hearing procedures.
4. In a hearing involving more than one charged student, the Hearing Officer or Board may require a Responding Party to be absent from any testimony that is not relevant to that Responding Party.
5. The Complaining Party must receive a list of all witnesses at the same time it is received by the Assistant Dean and Responding Party.
6. The Complaining Party must be permitted an advisor during the hearing who shall have the same duties and obligations of other advisors as described in Section IV(A).
7. The Complaining Party may give a brief opening and closing statement at the hearing. The Complaining Party may present witnesses and other evidence at the hearing.
8. 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.
9. 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 Party and the Responding Party simultaneously. The complete decision includes the outcome, the essential findings, and the disciplinary sanction(s).
10. In all other complaints alleging sexual harassment, the Complaining Party 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 Responding Party unless the discipline directly relates to the Complaining Party.
11. If the Complaining Party is aggrieved by the decision of the Board or Hearing Officer, the Complaining Party has the right to appeal the decision to the Dean in the same manner as the Responding Party.

1. 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 Party.
   2. The complete decision includes the outcome, the essential findings, and the disciplinary sanction(s).

1. A decision on responsibility for a violation of the Code and/or an associated disciplinary sanction for the violation may be appealed by the Responding Party. A decision on responsibility for a violation of the Code and/or an associated disciplinary sanction in cases of non-Title IX sexual assault or other physical assault may be appealed by the Complaining Party or the Responding Party. The appeal shall be made within five (5) Working Days of the date of the written decision from the Assistant Dean. Such appeals shall be in writing (Statement of Appeal) and hand-delivered or emailed to the Dean or the Dean's designee. Grounds for an appeal are:
   1. Deviations from procedures set forth result in significant prejudice.
   2. The decision reached regarding the Responding Party was not based on a preponderance of the evidence: whether it is more likely than not that the Responding Party committed the alleged misconduct.
   3. The disciplinary sanction(s) imposed was/were not appropriate for the violation of the Code for which the Responding Party was found responsible.
   4. New information or other relevant facts not available at the time of the hearing are identified.
2. The Dean shall review the appeal to determine if one or more of the stated grounds for an appeal have been met.
3. If the Dean determines that one or more of the stated grounds for an appeal have been met, the Dean shall forward the appeal to the Hearing Administrator with the directive to impanel the Student Conduct Appeals Board. If the Dean determines that none of the stated grounds for an appeal have been met, the matter is closed, and the Hearing Officer’s or the Board’s decision is final.
4. The Dean shall notify the appealing party in writing within five (5) Working Days of the date of delivery of the Statement of Appeal whether one or more of the grounds for appeal has been met.
5. In cases of non-Title IX sexual assault or other physical assault the shall notify the Complaining Party and the Responding Party, in writing, within five (5) Working Days of the date of the delivery of the Statement of Appeal whether one or more of the grounds for appeal has been met.

1. The Student Conduct Appeals Board (“Appeals Board”) is comprised of representatives from the Student Conduct Board not involved in the original hearing.
   1. The Appeals Board shall be comprised of a minimum of three (3) board members.
      1. Two (2) shall be faculty (academic or administrative).
      2. One (1) shall be a student (see Definition 29).
   2. The Chair of the Board shall be appointed and approved by the Dean (see Definition 9).
   3. The Board shall have an advisor who was not involved in the investigation, resolution, or hearing of the alleged misconduct being heard by the Appeals Board.
   4. In student conduct appeal hearings involving more than one Responding Party, the Dean has discretion to permit the appeal hearing to be conducted either separately or jointly.
   5. The appeal hearing shall occur within twenty-five (25) Working Days, but no less than ten (10) Working Days, from when the Responding Party notifies the Dean that the Responding Party wants an appeal.
   6. The Appeals Board shall review the Statement of Appeal, the original complaint of misconduct, the recording of the hearing, the decision and disciplinary sanction(s), along with all other information and evidence that was part of the decision-making in the hearing.
   7. If the appeal is based on Section IV(M)(1)(d) above, the Appeals Board may consider the new information or evidence offered by the appealing party for all Responding Parties participating in the appeal hearing.
   8. The Appeals Board may uphold the decision or may hear the case as a new hearing following student conduct hearing procedures and processes described in Sections IV(L) and IV(M).
   9. The decision of the Appeals Board is final.
   10. The Appeals Board shall provide in writing to the Dean the decision of the appeal hearing within three (3) Working Days of the close of the appeal hearing. The Dean will notify the Complaining Party and the Responding Party, when applicable, of the decision of the Appeals Board, in writing via a secure online platform within three (3) Working Days of receiving the Appeals Board decision.
   11. This Section IV (O) and Section IV (P) for Appeals does not apply to matters of Title IX Sexual Harassment, which are covered under Section VII of this Code.

1. 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 one or more of the complainants is apparent.
   2. Flagrant disregard for policy or procedures are alleged to have occurred.
2. Interim measures can include the following:
   1. Interim Prohibition from Participation: A member or club is temporarily prohibited from participating in any and all activities associated with the club which include but are not limited to, club activities, meetings, operations, travel, and competitions.
      1. This can apply to an individual or to all members of a club or organization.
      2. The Assistant Dean may end the Interim Prohibition from Participation at the conclusion of the investigation and/or conclusion of the Student Conduct process.
      3. The Interim Prohibition from Participation shall end when any of the following occurs:
         1. 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 Student Conduct Process.
      3. The Interim No Contact Directive shall end when any of the following occurs:
         1. 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.

1. 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 shall 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.
2. Previous findings of responsibility for violation of the Code may be used to determine the level of sanction recommended. However, suspension or expulsion may be recommended for a first finding of a Code violation.
3. One or more of the following disciplinary sanctions may be imposed on a student or organization found to have violated the Code:
   1. Reprimand. A written reprimand for violation of specified code violations.
   2. 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.
   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 and rules and regulations during the probationary period. Failure to complete the conditions of 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/ 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: 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. Failure to complete the discretionary and educational sanctions may result in other 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 student, student group, club, or organization sponsored by or affiliated with the University.
   9. Loss of recognition for the club or organization for a designated 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_______." 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(j). 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 close of the current semester 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 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.
   13. Withholding of a Degree. Prior to the awarding of a degree, the University may withhold a degree from a student. This disciplinary sanction applies to students at the University.
4. 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 educational 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.
5. 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 written request 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:
   1. Stated reason for request and circumstances surrounding the request.
   2. Date and seriousness of the violation.
   3. Student's behavior and disciplinary record since the violation, including successful completion of any imposed disciplinary sanction(s).
   4. The impact, if any, on the public that failure to give such notice may have; and
   5. Consequences of denying the request.
6. 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.
7. Students found responsible for an Academic Standards Policy violation may be subject to additional academic sanctions as stated within the Academic Standards Policy.
8. Reinstatement After Separation from Campus Due to Suspension or Loss of Recognition
   1. Students whose disciplinary sanction(s) result in a change of enrollment status due to suspension shall have a hold placed on their student account. At the end of the period of suspension, the student shall be required to 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 sanction(s), and if the student has demonstrated readiness for student success.
      2. The hold shall be removed when the Dean notifies the Admissions and Records Office in writing to remove the account hold.
   2. A student organization that loses recognition because of a violation of the Code must contact the Assistant Dean to schedule a conference at which the 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 organization shall be recognized by the University.
      2. When the student/ student organization returns to the University, the student/student organization shall serve at least a minimum six- month period of probation.