Section IV. Student Disciplinary Procedures

A. General Information

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 charges addressing a complaint filed with the Office of Student Conduct against a student organization are the same as the procedure for an individual student.  The hearing procedures and process set forth in Sections IV(G) and IV(H) shall also apply to allegations made against a student organization.
3. Investigations of a student organization may lead to an investigation of individual student(s).
4. Advisors

a. During the student disciplinary procedures, including the complaint, conference, resolution and hearing processes, the Responding Party (see definition 17) may be assisted by one (1) advisor of their choosing, if desired. The Responding Party’s advisor cannot be someone who is a witness or has a conflict of interest in the matter, as determined by the Dean. The advisor may be an attorney.

b. The advisor serves as a supporter and advisor during the conference(s) or hearing. 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.  The advisor has no right to participate or speak during the conference(s) or hearing, except to the Responding Party.

c. The Responding Party must notify the Assistant Dean, Student Conduct, (“Assistant Dean”), of the identity of the advisor, at least five (5) Working Days before the conference(s) or hearing.   

d. 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.  

e. 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.

B. Complaint of Student Misconduct

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.  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), which controls.
3. 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 conduct an investigation 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.   
4. In cases involving a complaint of Title IX Sexual Harassment, the matter shall be referred to the Title IX Office which shall conduct 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

a. Except for those allegations involving Discrimination (Definition 7), Non-Title IX Sexual Harassment (Definition 19) and Title IX Sexual Harassment, which are referred to the Title IX Office, for all other allegations in the complaint, the Assistant Dean or the designee shall conduct a preliminary review of the allegations to determine whether there is reason to believe a violation has occurred. 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”).

b. In appropriate circumstances the Assistant Dean may impose an interim “no contact” and/or interim “ban from participation” directive prior to the Conference.  The Assistant Dean may issue such a directive when the Assistant Dean determines that there may be an ongoing risk to the health and safety of the University Community and/or a disruption to the educational environment.

C. Notice of Conference

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 sanctions; (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 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) a Notice of Responsibility; (b) a Finding of Non-Responsibility; or (c) a Notice of 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 Responding Party shall be notified using the email address listed in MyNevada that a Notice of Conference has been prepared and is available to the Responding Party via a secured online platform.  The Notice of Conference shall be uploaded into a secured online platform in a folder shared only with the Responding Party to the email address listed for the Responding Party in MyNevada.  The Responding Party shall have three (3) Working Days to access and download the Notice of Conference.  If not accessed within three (3) Working Days, the Notice of Conference shall be sent to the Responding Party’s physical 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.  

D. 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.  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.
2. The Assistant Dean shall describe and explain to the Responding Party the possible outcomes of the complaint and investigation as described more fully in Section IV(E), below: (a) Finding of Non-Responsibility; (b) Notice of Responsibility, where the student accepts the charge and sanction; (c) a Notice of Resolution, where the parties reach an agreement as to the charge and sanction; or (d) Notice of Hearing.    
3. The Assistant Dean shall review the hearing process and procedures with the Responding Party.  
4. The Responding Party may have an advisor present for the Conference.  The role of the advisor is defined in Section IV(A)(4), above.
5. If the student does not show for the conference, the Notice of Hearing shall be sent within five (5) Working Days after the Conference is held or five (5) Working Days after the Conference was scheduled to be held.  
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.  If the student never appears for the Conference, the hearing shall be held and the hold on the transcript and/or ability to register shall be lifted at the conclusion of the hearing.  

E.  Resolution of a Student Misconduct Complaint

1. Finding of Non-Responsibility.
   a. If 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.   
2. Notice of Responsibility.
   a. The Responding Party has the opportunity at the Conference to admit to the Code violation(s), accept the sanction(s) and sign a Notice of Responsibility.  If the Responding Party accepts the charge(s) and proposed sanction(s), there shall be no hearing and the Code violation(s) and the disciplinary sanction(s) shall be imposed and the sanction(s) shall become part of the Responding Party’s disciplinary record.
3. The Responding Party has the opportunity at the Conference to admit to the Code violation(s), and request a hearing on the proposed sanction and sign a Notice of Responsibility as to the Code violation(s).  If the Responding Party accepts the charge(s), but not the sanction(s), the Code violation(s) shall become part of the Responding Party’s disciplinary record and there shall be a hearing related to the proposed sanction(s).  
4. Notice of Resolution can be used when student wishes to resolve a matter informally.
   1. At any time after receipt of the Notice of Conference, the Responding Party has the opportunity to informally resolve the charges and proposed sanctions.
   2. In some cases, the informal resolution may involve conflict resolution or an educational conference, which shall be mutually agreed upon during the Conference.
   3. If the parties agree on a resolution, the parties shall sign a document indicating the terms of the agreement.  There shall be no hearing or appeal and the disciplinary sanction, if any shall be applied.  The charge and the sanction, if any, shall become part of the Responding Party’s disciplinary record.
   4. 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)4, above.
5. Notice of Hearing.
   a.    If the Assistant Dean determines that it appears the Responding Party violated the Code and the Responding Party does not accept the charge(s) and proposed sanction(s), the Responding Party shall be informed in writing of the charge(s) and that a hearing will be held on the charge(s) (“Notice of Hearing”).
   b.    The Notice of Hearing shall inform the Responding Party of the following:

i.    the conduct violation charged;

ii.    the proposed sanction(s);

iii.    the evidence in support of the investigation

iv.    Responding Party’s right to a hearing and the hearing can be on the Code violation(s) and the proposed sanction(s) or just the proposed sanction(s);

v.    the Responding Party may have an advisor present at the hearing; and

vi.    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.

F.  Pre-Hearing Matters

1. Appointing a Hearing Officer or Impaneling a Board. 

a. The Dean of Students (“Dean”) shall determine if a case shall be heard by a Hearing Officer or a Board. The determination is made based on the alleged misconduct, the level of sanction that may be considered, and the needs of the Responding Party, a Reporting Party and University Community as a whole.

b. Hearing Officer

i. The Hearing Officer (Definition 12) hears cases involving students, student organizations accused of violating the Code.
ii. The Hearing Officer shall be appointed by the Dean from academic and administrative faculty members who have received applicable training.
iii. 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.

c. Hearing Board

i. The Board hears cases involving students, student organizations accused of violating the Code.  The Board is comprised of University students and faculty members who have received applicable training.  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. 
ii. The Chair of the Board (“Board Chair”) (Definition 1) shall be appointed and approved by the Hearing Administrator.
iii. The Board may have an advisor who was not involved in the investigation or resolution of the alleged misconduct being heard by the Board.

   2. Hearing Administrator.  

a. A member of the Office of Student Conduct shall be designated as the facilitator for the hearing (“Hearing Administrator”) (Definition 11. The Hearing Administrator shall be appointed by the Dean.  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.

  3.    Hearing Deadline

a. 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.  

b. The Responding Party and the Assistant Dean each may be granted one continuance upon a showing of good cause.  The Dean shall make the determination as to whether the continuance shall be granted.

c. The Dean has sole discretion to allow for a delay in the hearing due to a scheduling conflict of a witness.  

G.  Hearing Procedures

1. Student conduct hearings shall be closed unless the Responding Party requests in writing, an open hearing.  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 if the overriding individual privacy needs of other students involved in the hearing are not violated.
      a. 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.
      b. 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.  Any employee or student found in violation of this may be subject to disciplinary action.
2. A Responding Party may have one (1) advisor present during the hearing.  The role of the advisor is defined in Section IV(A)(4), above.
3. 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 charges and sanctions.  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.
4. 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.
5. The Responding Party and Assistant Dean shall provide written notification to the Hearing Administrator of witnesses they intend to use at the hearing no later than five (5) Working Days before the hearing.  Failure to timely identify witnesses may result in the exclusion of the witnesses’ testimony at the hearing.
6. 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. Procuring attendance of witnesses shall be the responsibility of the Responding Party or Assistant Dean who identified the witness.  
7. The Responding Party and Assistant Dean shall provide to the Hearing Administrator, relevant written documents, records, or other information (hereafter referred to as “documents”) that they intend to rely upon at the hearing no later than five (5) Working Days before the hearing.  It is the responsibility of the Responding Party to submit any documents to use at the hearing.  The Assistant Dean is not responsible for submitting documents on behalf of the Responding Party.  The Responding Party shall be allowed to submit a written response to the Notice of Hearing, if the Responding Party chooses.  Failure to timely submit documents or a written response to the Notice of Hearing may result in the exclusion of these documents at the hearing.
8. 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. This review shall take place within the Office of Student Conduct or for online students not residing in Reno, Nevada, viewing options may be provided at the discretion of the Assistant Dean.  The review shall occur during normal working hours under the supervision of the Hearing Administrator.  These documents are confidential and shall not be reproduced or released for review outside of the Office of Student Conduct.
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.  No other taping or digital recording shall be allowed by any person in attendance at the hearing.  Surreptitious Recording (Definition 24) is prohibited by NRS 396.970 and UAM 7,004.  The Hearing Administrator also has the right, at his or her 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.  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 was 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 informal resolution meeting or the 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. Those accommodations may include receiving the relevant information and conducting conversations for the resolution of the case using methods other than requiring both parties to be present in the same room at the same time. Such options shall be determined by the Dean.

H.  Order of the Hearing:

1. The Hearing Officer or Board Chair shall state the content of the report of alleged misconduct and the specific charges made.
2. The Assistant Dean and the Responding Party each shall 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.  Exceptions to the submission of questions through the Hearing Officer or the Board can be made at the discretion of the Hearing Officer or Board Chair for limited situations, such as when the Title IX/EO Office investigator is being questioned.  Additionally, the Hearing Officer and Board Chair may present questions of their own to the witnesses at any time while the witnesses are testifying.
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.  Exceptions to the submission of questions through the Hearing Officer or the Board can be made at the discretion of the Hearing Officer or Board Chair for limited situations, such as when the Title IX/EO Office investigator is being questioned.  Additionally, the Hearing Officer and Board Chair may present questions of their own to the witnesses at any time while the witnesses are testifying.  If the Responding Party is concerned about, suspected of or being investigated for violations of criminal law, the Responding Party does not have to answer questions in order to preserve the student’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. 
9. Information and testimony presented by the Assistant Dean and the Responding Party must be relevant to the specifics charge(s).  The Hearing Officer or Board Chair is allowed to strike or exclude any information or testimony that is not relevant to the specific charges.
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. The Hearing Officer or the Board’s decision shall be made on the basis of a preponderance of the evidence:  whether it is more likely than not that the Responding Party committed the alleged misconduct. If the decision is made by a Board, the decision should be made through consensus when possible, and if not possible, then by simple majority vote of the Board members.
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 possible sanctions for the Responding Party after reviewing any prior violations of the Code, including imposed sanctions and whether the student has completed these sanctions.   Possible sanctions to impose appear below in Section IV(L).
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 sanctions.
16. The Hearing Officer or Board Chair shall reopen the hearing and present the findings on the disciplinary sanctions 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 sanction within three (3) Working Days of the close of the hearing.The Assistant Dean has authority to lessen the sanction decided upon by the Hearing Officer or Board, if the Assistant Dean thinks a lesser sanction will serve a better educational or remedial purpose.
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.

I.  Additional Procedures for Allegations of Non-Title IX Sexual Harassment.

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. In other words, the Complaining Party, the Responding Party and the Assistant Dean must all be in agreement that a Hearing Officer will hear the matter, as opposed to a Board hearing the matter.  
4. The Complaining Party must be given the opportunity to participate in any pre-hearing procedures.
5. In a hearing involving more than one charged student, the Hearing Officer or Board may require a Responding Party to be absent from any testimony that is not relevant to that Responding Party.
6. The Complaining Party must receive a list of all witnesses at the same time it is received by the Assistant Dean and Responding Party.
7. 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)(4).
8. 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.
9. The findings and recommendation of the Title IX Coordinator pursuant to NSHE Handbook, Title 4, Chapter 8, Section 13 shall be considered at the hearing.
10. In a complaint alleging sexual assault, domestic violence, dating violence or stalking, the complete decision of the Board or Hearing Officer and the decision on appeal shall be given to the Complaining Party and the Responding Party simultaneously.  The complete decision includes the outcome, the essential findings and the sanctions.
11. 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.
12. 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.

J.  Additional Procedures Available When Physical Assault Is Alleged

The following additional procedure applies in proceedings alleging physical assault:

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

K.  Appeals

1. A decision on responsibility for a violation of the Code and/or an associated 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 sanction and 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. 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:
   a. Deviations from procedures set forth which result in significant prejudice.
   b. 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.
   c. The sanction imposed was not appropriate for the violation of the Code for which the Responding Party was found responsible.d. New information or other relevant facts not available at the time of the hearing are identified.    
2. The Dean or Dean’s designee shall review the appeal to determine if one or more of the stated grounds for an appeal have been met.
3. If the Dean or Dean’s designee determines that one or more of the stated grounds for an appeal have been met, the Dean or Dean’s designees shall forward the appeal to the Hearing Administrator with the directive to impanel the Student Conduct Appeals Board. If the Dean or Dean’s designees 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 or Dean’s designee shall notify the appealing party in writing within five (5) Working Days of the date of delivery of the Statement of Appeal whether or not one or more of the grounds for appeal has been met. In cases of Non-Title IX sexual assault or other physical assault the Dean or Dean’s designee 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 or not one or more of the grounds for appeal has been met.
5. Student Conduct Appeals Board
   a. The Student Conduct Appeals Board (“Appeals Board”) is comprised of representatives from the Student Conduct Board not involved in the original hearing.  
   b. The Appeals Board shall review the Statement of Appeal, the original complaint of misconduct, the recording of the hearing, the decision and sanction, along with all other information and evidence that was part of the decision-making in the hearing.  If the appeal is based on Section IV(K)(1)(d) above, the Appeals Board may also consider the new information or evidence offered by the appealing party. The Appeals Board may uphold the decision, or may hear the case as a new hearing following student conduct hearing procedures and processes described in Sections IV(G) and IV(H).
   c. The decision of the Appeals Board is final.
   d. The written decision of the Appeals Board on appeal shall be given to the Complaining Party and the Responding Party when applicable.
6. This Section VII(K) for Appeals does not apply to matters of Title IX Sexual Harassment, which are covered under Section VII of this Code.  

L.    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:
   a.  Reprimand.  A written reprimand for violation of specified code violations.
   b.  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.
   c.  Disciplinary Probation.  Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional policies and rules and regulations during the probationary period.  Failure to complete conditions of probationary term may result in other sanctions.
   d.  Loss of Privileges.  Denial of specified privileges for a designated period of time.
        (i)    Denial of use of University facilities for a designated period of time.
        (ii)    Prohibition from recruiting/ or accepting new members for a designated period of time.
        (iii)    Prohibition from participating in University events, including but not limited to orientation, intramurals, and other campus activities for a designated period of time.
   e.  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 education sanctions may result in other sanctions.
   f.  Hold on transcript and/or registration. A hold restricts release of a student’s transcript or access to registration until satisfactory completion of conditions or sanctions imposed by the Assistant Dean, a Hearing Officer or a Board. Upon proof of satisfactory completion of the conditions or sanctions, as determined by the Assistant Dean, the hold may be released and the student shall be informed of the release.  
   g.  No Contact Directive. A prohibition of direct or indirect physical, verbal, and/or written contact with another individual or group.
   h.  Loss of recognition of the organization for a designated period of time.  
   i.  University Suspension.  Exclusion for a definite period of time from attending classes and from participating in other activities of the University, as set forth in a written notice to the student.  The official transcript of the student shall be marked “DISCIPLINARY SUSPENSION EFFECTIVE ____ TO ____.”  The parents or legal guardians of minor students shall be notified of the action.  A student who is enrolled in the student’s last semester before graduation, is not currently enrolled in the University and who was not registered during the previous semester, or who graduated at the end of the previous semester may request that the notation of the disciplinary suspension be removed from the official transcript when two years have elapsed since the expiration of the student’s suspension.  Such request must be submitted in writing to the President or his designee in accordance with NSHE Code, Title 2, Chapter 10.4.9(j).  If the request is not granted, the student may submit a request for removal of the notation at yearly intervals thereafter.  
   j.  Deferred University Suspension.   Separation of the student from the University, deferred until the close of the current semester or some other time frame necessary for review of student progress in addressing the conduct concern.  This sanction is most often utilized for cases in which the student does not pose a safety concern and is participating in a University-designated intervention. This sanction applies to students at the University.
   k.  University Expulsion.  Termination of student registration and status for an indefinite period of time.  Permission of the President shall be required for readmission.  The official transcript of the student shall be marked “DISCIPLINARY EXPULSION EFFECTIVE ____.”  The parents or legal guardians of minor students shall be notified of the action. A student who is enrolled in the student’s last semester before graduation, is not currently enrolled in the University and who was not registered during the previous semester, or who graduated at the end of the previous semester may request that the notation of the disciplinary expulsion be removed from the official transcript when four years have elapsed since the expiration of the student’s expulsion or termination. Such request must be submitted in writing to the President or his designee in accordance with NSHE Code, Title 2, Chapter 10.4.9(l). If the request is not granted, the student may submit a request for removal of the notation at yearly intervals thereafter.  
   l.  Withholding of a Degree.  Prior to the awarding of a degree, the University may withhold a degree from a student. This 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:a.    Stated reason for request and circumstances surrounding the request.b.    Date and seriousness of the violation.c.    Student’s behavior and disciplinary record since the violation, including successful completion of any imposed sanctions.d.    The impact, if any, on the public that failure to give such notice may cause; and e.    Consequences of denying the request.
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.a. Students whose sanctions 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.  The student must meet with the Assistant Dean to determine if the student has completed the terms of the sanction and if the student has demonstrated readiness for student success. The hold shall be removed when the Assistant Dean notifies the Admissions and Records Office in writing to remove the account hold.b.  A student organization that loses recognition as a result of a violation of the Code must contact the Dean to schedule a conference at which the organization shall present information supporting reinstatement.  The Dean shall consider the information provided along with information from other campus partners to determine if the organization shall be recognized by the University.c. When the student/ student organization returns to the University, the student/student organization shall serve at least a minimum six-month period of probation.