POLICY STATEMENT

In order to protect the integrity of its federal Title IV, State of 麻豆原创, and NSC institutional financial aid programs, NSC complies with all existing statutory and regulatory requirements to disburse aid only to eligible students, to identify and resolve discrepancies in student information, to ensure all requirements regarding the regulatory definition of 鈥渞egular students鈥� status are met, and to report any suspected fraud to the Office of the Inspector General of the U.S. Department of Education. To that end, NSC actively monitors, reviews, and reports any suspected behavior or activity to fraudulently secure financial aid funds.

Although all NSC departments (academic and administrative) share responsibility for preventing fraud, the Office of Financial Aid and Student Employment is responsible for monitoring and resolving discrepancies in the information received from different sources with respect to a student鈥檚 application for financial aid. If NSC suspects that a student, employee, or other individual has misreported information and/or altered documentation to increase student aid eligibility or to fraudulently obtain federal funds, NSC will report those suspicions and provide any evidence to the Department of Education鈥檚 Office of Inspector General. In addition, a student who attempts to obtain financial aid by fraud may be referred to the Office of Provost or his/her designee for possible disciplinary action and may be suspended from receiving financial aid. Employees who assist with fraudulent misrepresentation or misinformation may be subject to the College鈥檚 established disciplinary procedures.

All credit-bearing courses and programs offered through in-person and distance learning methods must verify that the student who registers for a distance education course or program is the same student who participates in and completes the course or program and receives academic credit. Online course developers and instructors must provide a substantive means of determining participation in a course to facilitate the accurate completion of course roster verification.

In recent years, Federal financial aid has experienced an increase in financial aid fraud, particularly with respect to distance education. An institution without effective fraud prevention policies risk disbursing aid to students who have no intent on completing coursework, thereby harming the institution and its students by increasing the cohort loan default rate and increasing receivables that most likely will never be recovered, and further failing in its responsibility as a steward of the taxpayer investment in the student assistance programs. This policy establishes procedures to ensure compliance with existing statutory and regulatory requirements governing financial aid.

DEFINITIONS

Fraud: The willful misrepresentation or falsification of information for the purpose of securing financial aid that the individual is not eligible for or not eligible to the extent received. Financial aid fraud can take many forms, including, but not limited to the following:

• Falsified information or forged signatures on an application, verification documents, or loan promissory notes.
• False statement of income.
• False statements of citizenship.
• Use of false or fictitious names or aliases, addresses, or Social Security Numbers (SSN), including the deliberate use of multiple SSNs.
• False claims of independent status.
• Receipt of financial aid without the intent of use for educational purposes or intent to complete academic requirements.
• Patterns of misreported information.

听Substantive Participation: The level at which student participation in class reaches the threshold for a student to have begun attendance.

• Online Courses: At minimum, completion of one graded assignment relating to course- specific subject matter.
• In-person Courses: In-person attendance in one of the first two class meetings.

PROCEDURES

I. Office of Financial Aid and Student Employment

A. Identify and investigate student records if there are multiple applications with identical email addresses, physical addresses, identical IP address, and/or phone numbers. On a regular basis, at minimum just prior to disbursement authorization, the Office will run customized queries to identify potential fraud cases.

B. Select the applications of applicants suspected of fraud for 鈥淰erification鈥� as defined in 34CFR 668.56 and 34CFR 668.57,and also will require those applicants to:

1. Complete a Statement of Educational Purpose and Certification of Identity form.

i. An applicant must appear in person and present the following documentation to an NSC Financial Aid Administrator to verify the applicant鈥檚 identity:

1. 1. 1. 1. A valid government-issued photo identification, such as but not limited to a driver鈥檚 license, non-driver鈥檚 license, military identification or passport; and
         2. A signed Statement of Educational Purpose and Certification of Identity form certifying that the student financial assistance received will only be used for educational purposes to pay the cost of attending NSC for the current award year.

ii. For documentation presented in person, an institution must maintain, an annotated copy of the identification submitted by the applicant that includes鈥�

1. 1. 1. 1. The date the documentation used to verify the applicant鈥檚 identity was received; and
         2. The name of the institutionally-authorized individual that obtained the documentation from the applicant.

iii. If an applicant is unable to appear in person, he or she must provide the institution with:

1. 1. 1. 1. A copy of a valid government-issued photo identification, such as but not limited to a driver鈥檚 license, non-driver鈥檚 license, military identification or passport; and
         2. An original notarized Statement of Educational Purpose and Certification of Identity signed by the applicant certifying that the student financial assistance received will only be used for educational purposes to pay the cost of attending NSC for the current award year.

2. Complete a Certification of Address form.

i. An applicant must appear in person and present the following documentation to an NSC Financial Aid Administrator to verify the applicant鈥檚 identity and address:

1. 1. 1. 1. A valid government-issued photo identification, such as but not limited
         2. to a driver鈥檚 license, non-driver鈥檚 license, military identification or passport; and
         3. A signed Certification of Address listing the applicants current residential address, substantiated by two documents from two different sources from the following list, showing the addressee鈥檚 name and address:

a. Utility or credit card bill issued in the past 90 days
b. Deed, mortgage or property tax bill, statement or receipt from the past year
c. First class mail received from any federal, state or local government agency in the past 6 months
d. Checking or savings account statement from a bank or credit union issued in the past 60 days
e. Original lease or rental agreement

ii. If an applicant is unable to appear in person, he or she must provide the institution with:

1. 1. 1. 1. A copy of a valid government-issued photo identification of the addressee, such as but not limited to a driver鈥檚 license, non-driver鈥檚 license, military identification or passport; and
         2. An original notarized Certification of Address, completed by the applicant or addressee listing the applicants current residential address, , substantiated by two documents from two different sources
         3. from the following list, showing the addressee鈥檚 name and address:

a. Utility or credit card bill issued in the past 90 days
b. Deed, mortgage or property tax bill, statement or receipt from the past year
c. First class mail received from any federal, state or local government agency in the past 6 months
d. Checking or savings account statement from a bank or credit union issued in the past 60 days
e. Original lease or rental agreement

iii. If the applicant is unable to provide the required documentation to complete the Certification of Address, a person living at the same address who can provide such documentation will be required to complete and sign the form.

C. Define separate disbursement authorization dates for online and dynamically-dated courses (i.e. late start or accelerated courses) and hold authorizations until substantive participation is established by academic faculty.

D. Maintain a list of suspected students on the shared network for review by NSC offices. Other departments may report suspicious activity, behavior or data to the Office for further investigation.

II. Admissions Office

A. Run customized queries to identify students using identical email addresses, physical addresses, IP addresses, and/or phone numbers and send to the Office of Financial Aid and Student Employment for follow up.

B. Include a disclaimer on the admission application that intentional misinformation may result in admission acceptance revocation, suspension, or further information needed from applicant.

III. Office of the Registrar

Prior to matriculation, review suspected students list (maintained by the Office of Financial Aid and Student Employment) and prohibit matriculation until all requirements imposed by the Office of Financial Aid and Student Employment, are satisfied.

IV. Cashier鈥檚 Office

Prior to issuing student refunds, run customized queries to identify suspected fraudulent activities. If suspected activities are discovered, hold the refund and alert via email the Office of Financial Aid and Student Employment.

V. Academic Faculty

Strictly adhere to the College鈥檚 e-alert and enrollment cancellation policy by verifying attendance through the Faculty Center to identify students actively participating in courses.

FORMS/INSTRUCTIONS

• Statement of Educational Purpose and Certification of Identity
• Certification of Address form

RELATED INFORMATION

• 34 CFR 668.16(g)
• Dear Colleague Letter (GEN鈥�11鈥�17)

APPROVALS

Approved by Provost Dr. Erika Beck, January 25, 2013.
Approved by President Bart Patterson, January 25, 2013.

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POLICY STATEMENT

This policy provides an avenue for students to file complaints related to alleged events or circumstances that are not otherwise covered by specific grievance or appeal policies, including, but not limited to, deceptive trade practices and fraud, as described in NSHE Handbook Title 4, Chapter 14, Sections 25-27.

DEFINITIONS

Complainant: The Student filing a complaint according to this policy.

Director: A unit director or supervisor who is authorized to investigate a complaint.

Respondent: The individual against whom a complaint is filed, or a designated representative of a unit or department against whom a complaint is filed.

State Authorization Reciprocity Agreement (SARA): An agreement among member states (including 麻豆原创) establishing comparable national standards for postsescondary distance education.

Student: An individual (or their legal guardian, if the individual is under age 18 or is otherwise under the care of a legal guardian) who is currently enrolled (full- or part-time), or who was enrolled at the time the events or circumstances underlying the complaint first occurred.

Working Day: For the purposes of the Student Complaint Policy, a Working Day is Monday through Friday when college classes are scheduled and in session.

PROCEDURES

I. Basis for Complaint

A Student may file a complaint on the basis of an alleged claim of:

A. Failure to follow established NSC policies and regulations: The violation of policies and/or regulations must have had a direct and adverse impact on the Complainant鈥檚 academic record.

B. Clerical error: An error made by faculty or staff in reviewing, estimating, evaluating, or posting the Complainant鈥檚 record.

C. Prejudicial treatment: Faculty or staff applied a different standard to the Complainant than to other students in the same situation, and the differential treatment led to a direct, adverse impact on the Complainant鈥檚 record.

D. Deceptive trade practices or fraud: Acts including, but not limited to:

1. 1. Intentionally and materially providing false statements and/or representations regarding educational services offered (e.g. recruiting and marketing information, tuition, fees, admissions requirements);
   2. Adopting a name or trademark that falsely represents the quality, scope, nature, size, or integrity of 麻豆原创 State College or its educational services;
   3. Representing to Students that they may transfer credits earned to any institution of higher education;
   4. Intentionally and materially providing false representations, whether in advertising and promotional materials or any other manner, of the size, location, facilities, or equipment of the institution; the number or educational qualifications of faculty; the extent or nature of any approvals received from state agencies; or the extent or nature of accreditations received from external agencies;
   5. Providing prospective Students with materially misleading testimonials, endorsements, or other information that deceives prospective Students or the public regarding current practices of 麻豆原创 State College.

E. Failure to meet NSHE requirements for distance education courses: 麻豆原创 State College fails to meet one or more of the following NSHE requirements for distance education courses listed in the NSHE Handbook Title 4, Chapter 14, Section 25.2:

1. 1. Abiding by standards and requirements of SARA policies and standards, as maintained by the National Council for State Authorization Reciprocity Agreements (NC-SARA);
   2. If a distance education course is a professional or technical course in a field that customarily leads to professional licensure, the College must inform enrolled Students whether the course meets standards required for licensure in 麻豆原创;
   3. If a distance education course is a professional or technical course in a field that customarily leads to professional licensure, the College must inform enrolled Students living outside of 麻豆原创 that they must consult the applicable licensure entity in their state of residence to determine whether the course meets licensure standards;
   4. Each distance education course must provide an opportunity for timely interaction be the Student and the instructor (or an instructional team member) and reasonable ways for Students to contact the instructor and the College regarding their progress, questions, or concerns;
   5. Refunds of tuition or fees related to distance education courses must be administered according to 麻豆原创 State College鈥檚 refund policy, with the following exceptions:
      • Students living in states that do not participate in SARA may be administratively dropped if their state of residence requires prior authorization for distance education courses offered in the state and 麻豆原创 State College does not receive such authorization; in such cases, the College must notify the Student of the administrative drop as soon as possible, and no later than five (5) business days after the start of the term, and must provide a full (100%) refund.
      • Non-麻豆原创 residents living in states that do participate in SARA may be administratively dropped if 麻豆原创 State College exceeds limitations set forth under SARA and does not receive authorization to continue operation in the state; when administratively dropping students, the College must drop Students based on their seniority in a program, with Students with the least amount of time in a program dropped first. The College must notify any administratively dropped Students and provide a full (100%) refund.

It is the responsibility of the Student filing the complaint to demonstrate by a preponderance of the evidence that established policies or procedures have not been followed; absent such evidence, the presumption is that procedures have been followed fairly.

II. Exemptions from Policy

The following matters are not handled as complaints within the scope of this policy:

A. All comments, complaints, or requests for appeal related to financial aid, which should be directed to the Director of Financial Aid at finaid@nsc.edu.

B. Grade appeals; except that illegal or improper conduct of a faculty member may be the subject of a complaint, separate from a grade appeal decision. Grade appeals are handled according to the Grade Appeal Policy and Procedure, as described in the NSC catalog.

C. Curriculum matters, including requests for waivers or substitutions of Core Curriculum or major course requirements. Curriculum matters are handled through the petitions process; contact the Petitions Office for more information.

D. Residency and graduation requirements, which are governed by campus policies included in the NSC catalog; questions should be directed to the Registrar鈥檚 Office.

E. Registration complaints and appeals, which should be directed to the Registrar鈥檚 Office.

F. Complaints involving sexual harassment or Title IX violations, which should be directed to the campus Title IX coordinator and HR director. Allegations of sexual harassment by students are handled according to .

G. Complaints related to employment at NSC, which should be directed to Human Resources.

H. Financial and payment issues, including assessment of tuition and fees, handling of past-due balances, and refunds. These should be directed to the Cashier鈥檚 Office.

I. Appeals of disciplinary actions, which are handled as described in the NSC Student Code of Conduct.

J. Complaints or appeals that are addressed by existing policies in the individual Schools.

K. Complaints that are not subject to possible resolution in a student grievance context. (For example, a student complaint where the student鈥檚 requested relief violates state or federal law.)

III. Complaint Process

A. Informal Complaints: Before filing a formal complaint, a Student must attempt to resolve the issue informally by addressing the complaint to the faculty or staff member most directly responsible for the alleged action(s) and/or decision(s) that resulted in the complaint, or to their direct supervisor.

B. Formal Complaints: If a complaint cannot be resolved informally, the Student may file a formal complaint. Formal complaints must be submitted electronically in written form; verbal complaints expressed to faculty or staff are not considered formal complaints.

With the exception of complaints related to allegations of deceptive trade practices/fraud or failure to meet NSHE requirements for distance education courses, the Student must file a formal complaint no more than fifteen (15) Working Days after the alleged incident or circumstances first occurred. Complaints of deceptive trade practices/fraud or failure to meet NSHE distance education requirements must be filed must be filed no later than one (1) calendar year after the Student鈥檚 last active term of enrollment.

Formal complaints are submitted using the online form found in the Student Affairs section of the policy library on the NSC website; students may contact the Dean of Students with questions about where to find the online form. The Complainant may withdraw a formal complaint at any time.

NSC has a strict policy of zero tolerance of actual or implied violence. If at any time the Complainant submitting a complaint engages in harassment or intimidation of anyone involved in the complaint process, the Complainant鈥檚 behavior will immediately become a disciplinary matter and will be referred to the Campus Conduct Officer and/or campus security.

Complaints submitted through the online form are routed to the Dean of Students. The Dean of Students reviews submissions and verifies that:

• 1. A basis appears to exist for a complaint, as described in Section I above;
  2. The complaint is eligible for consideration under the Student Complaint Policy and does not fall into any of the exempt categories listed in Section II above.

If both requirements are satisfied, the Dean of Students will route the complaint to the appropriate unit director or supervisor (hereinafter 鈥淒irector鈥�) for the Respondent identified in the complaint; in cases where a complaint is related to one of the academic Schools, the Dean of Students will also notify the Dean of the appropriate school. If the submission does not meet the requirements for filing a complaint, the Dean of Students will inform the Complainant and the case will be dismissed.

Absent extraordinary circumstances, the Director has ten (10) Working Days to review a complaint, contact the Complainant and Respondent for any additional necessary information, and conduct an investigation as the Director deems necessary. The Director will prepare and send a formal written response within fifteen (15) Working Days of receiving the initial complaint; the response will include a summary of the complaint, the Director鈥檚 decision, a rationale for the decision, and the remedy for the complaint, if any.

In cases where extraordinary circumstances prevent the Director from completing the investigation within ten (10) Working Days, the Director will notify the Dean of Students and develop a revised timeline, which the Dean of Students will approve and communicate to the Complainant and Respondent. Extraordinary circumstances may include, but are not limited to, delays caused by the unavailability of faculty or staff essential to the investigation process.

C. Appeals: The Complainant or the Respondent may appeal the Director鈥檚 decision; appeals must be filed within ten (10) Working Days of receiving the Director鈥檚 decision. To file an appeal, the individual must email a letter to the Dean of Students indicating why the person disagrees with the complaint decision and the rationale for an appeal. The burden of proof in establishing a basis for overturning the original decision lies with the individual filing the appeal.

College Complaint Appeal Committee: The Dean of Students will appoint a College Complaint Appeal Committee consisting of three members. Two members shall be full-time, permanent NSC employees with positions at or above the level of the Respondent (e.g., if a complaint is filed against a unit director, the committee members must hold positions at the director or higher level). The third member shall be a currently-enrolled student appointed by the 麻豆原创 State Student Alliance (NSSA). The Dean of Students will appoint one of the NSC employees as the Committee chair. Any member who has a conflict of interest with the case, or who may have a personal bias, must ask to be dismissed from the Committee.

The Committee will schedule a meeting to occur within fifteen (15) Working Days of receiving the appeal materials; the Dean of Students will inform the Complainant and Respondent, via email, of the date of the meeting and the portions they are allowed to attend. The Complainant and the Respondent are encouraged to attend to answer any questions posed by the Committee. After hearing any relevant testimony from the parties to the complaint, the Committee will dismiss all non-Committee members and deliberate in private. The Committee will reach a final decision via majority vote; the Committee chair will send a decision letter to the Dean of Students no more than five (5) Working Days after the meeting. The Dean of Students will forward the appeals decision, via email, to the Complainant and Respondent.

With the exception of complaints related to deceptive trade practices/fraud or failure to meet NSHE requirements for distance education, the appeals decision reached by the College Complaint Appeal Committee is final and is not subject to further appeal. Complainants may appeal College Complaint Appeal Committee decisions related to allegations of deceptive trade practices/fraud or failure to meet NSHE distance education requirements by submitting the SARA Complaint Resolution Form to the NSHE Vice Chancellor for Academic and Student Affairs (NSHE Handbook Title 4, Chapter 14, Section 25.6).

IV. Record Retention

NSC will follow the 鈥淔Y + 3 years鈥� retention period set forth in the NSHE Procedures and Guidelines Manual, Chapter 16; a copy of the complaint and decision will be kept for three (3) years past the fiscal year in which the Student graduates or the fiscal year of their last term of attendance at NSC.

FORMS/INSTRUCTIONS

RELATED INFORMATION

• (NC-SARA)

HISTORY

In Spring 2017, NSHE directed campuses to develop a general student complaint policy.

Updated October 2019 to comply with NSHE SARA requirements.

APPROVALS

Approved by Faculty Senate Chair Dr. Zachary Serge Ballif, November 4, 2019.
Approved by Provost Dr. Vickie Shields, November 5, 2019.
Approved by Dr. Vickie Shields on behalf of President Bart Patterson, November 19, 2019.

The post Student Complaint Policy (SA 2.1) appeared first on 麻豆原创.

POLICY STATEMENT

NSHE tasks each institution with developing a policy on the presence of Service and Emotional Support Animals in institutional housing and other campus facilities.

DEFINITIONS

Emotional Support Animal (ESA): An animal that provides comfort to an individual with a disability upon the recommendation of a healthcare or mental health professional; its role is to alleviate the symptoms of an individual鈥檚 disability, but not to assist an individual with a disability with activities of daily living.

Guide Dog: A trained dog that serves as a travel tool for persons with severe visual impairments or who are blind or have low-vision.

Hearing Dog (sometimes referred to as a Signal Dog): A dog trained to alert a person with significant hearing loss, or who is deaf, to the presence of sounds or people.

Partner: The person assisted by a Service Animal.

Pet: An animal kept for ordinary use and companionship.

Psychiatric Service Dog: A dog trained to detect the onset of psychiatric episodes and lessen their effects.

Seizure Response Dog: A dog trained to assist a person with a seizure disorder.

Service Animal: A dog (or a miniature horse, provided it meets the same work and safety requirements as a dog) trained to assist people with disabilities in the activities of daily living. As defined by the Americans with Disabilities Act (ADA), only dogs and miniature horses qualify as Service Animals; 鈥渙ther species of animals, whether wild or domestic, trained or untrained, are not service animals鈥︹��

Service Animal in Training: A dog or miniature horse that is being trained as a Service Animal. For the purposes of this policy, all statements that pertain to Service Animals apply equally to Service Animals in Training.

Social Signal (SSig) Dog: A dog trained to assist a person with autism.

PROCEDURES

I. Animals Allowed on Campus

The Americans with Disabilities Act (ADA) allows Service Animals and Service Animals in Training to be on the 麻豆原创 State College campus. If a person with a disability requires a Service Animal, the animal must be allowed to accompany the person anywhere on campus, including food service areas, except in situations where the Service Animal may cause a safety issue or interfere with the fundamental nature of campus activities, such as research or clinical areas that require a sterile environment.

麻豆原创 State College prohibits individuals from bringing animals other than Service Animals to campus without prior written approval from the Dean of Students or Vice President of Finance and Business Operations. Animals other than Service Animals may be on campus only if they are approved in advance as part of a campus-sponsored event, program, or service (e.g., test anxiety relief days sponsored by a unit). The Dean or Director of the sponsoring unit is responsible for securing approval, ensuring proper supervision and control over the animal, and any necessary waste clean-up. Failure to do so will result in revocation of approval to have the animal on campus. Moreover, an animal participating in a campus-sponsored event, program, or service may be removed for any of the reasons listed in Section V below.

II. Eligibility for Service Animal Status

To qualify as a Service Animal, a dog (or, if approved, a miniature horse) must perform work or tasks that directly relate to the Partner鈥檚 disability. According to Section 504 of the Rehabilitation Act (including clarifications issued in September 2010), examples include, but are not limited to:

• Assisting individuals who are blind or have low vision with navigation or other tasks;
• Alerting Deaf or hard-of-hearing individuals of the presence of people or sounds;
• Providing non-violent protection or rescue work;
• Pulling a wheelchair;
• Assisting an individual during a seizure;
• Alerting an individual to the presence of allergens;
• Retrieving items such as medicine or a telephone;
• Providing physical support and assistance with balance and stability to individuals with mobility disabilities;
• Helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

If an animal meets this criterion, it qualifies as a Service Animal. Emotional Support Animals do not qualify as Service Animals under the ADA or Section 504 of the Rehabilitation Act.

If the service an animal performs is not obvious, the Disabilities Resource Center (DRC) may ask two questions to determine if it qualifies as a Service Animal:

1. Is the animal a Service Animal that is required because of a disability?
2. What disability-related work or task has the animal been (or is the animal being) trained to perform?

The DRC may not require other proof of a Service Animal鈥檚 status. Faculty and staff may not require medical documentation of the need for the animal, training documentation, or a demonstration of its ability to perform a task. Service Animals do not have to be licensed or certified by the state, local government, or any training program.

A. Dogs: A dog used as a Service Animal may be any breed or size. Service Animals may (but are not required to) wear specialized equipment, such as a backpack, harness, or special collar or leash, as needed to assist their Partners with activities of daily living.

1. 1. Types of Service Animals include, but are not limited to, Guide Dogs, Hearing Dogs, Psychiatric Service Dogs, Social Signal (SSig) Dogs, and Seizure Response Dogs.

B. Miniature horses: The revised ADA and 麻豆原创 Revised Statutes require institutions to make appropriate provisions for miniature horses that have been individually trained to do work or perform tasks for people with disabilities.

1. 1. Size: Miniature horses generally range in height from twenty-four (24) to thirty-four (34) inches at the shoulders and weigh seventy (70) to one hundred (100) pounds.
   2. Assessment factors: NSC will determine whether to grant permission for a miniature horse to serve as a Service Animal on a case-by-case basis. When making such a determination, the DRC will take the following factors into account:
      • Whether the miniature horse is housebroken;
      • Whether the miniature horse is under the Partner鈥檚 control;
      • Whether our facilities can safely accommodate the miniature horse鈥檚 type, size, and weight; and
      • Whether the miniature horse鈥檚 presence will compromise legitimate safety requirements necessary for safe operation of NSC facilities.

According to 麻豆原创 statute (NRS 426.805), it is 鈥渦nlawful for a person to fraudulently misrepresent an animal as a Service Animal or Service Animal in Training.鈥�

III. Responsibilities of Individuals Using Service Animals

Partners using Service Animals on campus are responsible for the following:

A. Safety: Service Animals must not pose a direct threat to the health and safety of others on campus.

B. Compliance with local ordinances: Service Animals must have all immunizations, licenses, and other items required by City of Henderson ordinances (or the relevant municipality for events sponsored off-campus) and must comply with laws regulating noise, restraint, and at-large animals. Dogs used as Service Animals must wear a City of Henderson (or other relevant municipality) license tag and a current rabies vaccination tag at all times.

C. Control over animal: Partners must maintain control over their Service Animals at all times. Service Animals must be harnessed, leashed, or tethered unless the animal needs to perform a task requiring it to travel beyond the length of the restraint or if the Partner鈥檚 disability prevents the use of such devices. In that case, the Partner must maintain control through voice, signal, or other commands.

听D. Care and supervision: The care and supervision of the Service Animal is solely the responsibility of the Partner.

1. 1. 1. The Partner must provide the animal with food and water at appropriate intervals. Food and water should not be provided in classrooms, laboratories, the library, the campus caf茅, or other areas where it may present a health risk or create a disturbance. Food and water should be provided outside or in a public area of campus, such as a lobby. The Partner is responsible for bringing clean bowls for food and/or water and for cleaning up the area as necessary after the Service animal eats or drinks.

E. Hygiene: The Service Animal should be bathed regularly to avoid significant odors and/or shedding. Regular grooming may be necessary for flea, tick, and shedding control.

F. Waste: Service Animals must be housetrained and able to control their waste elimination, which should take place outdoors. The Partner is responsible for independently removing or arranging for the removal of the Service Animal鈥檚 feces and/or urine, placing the waste in a closed container or bag, and disposing of it in an outdoor trash bin. The Partner must carry sufficient equipment and/or bags for cleaning up and disposing of the Service Animal鈥檚 waste. Partners who are physically unable to pick up and dispose of waste are responsible for making all necessary arrangements for assistance.

G. Damage: The Partner is responsible for any damages caused by the Service Animal.

H. General regulations: Partners accompanied by a Service Animal are subject to the same campus conditions, regulations, and limitations that apply to individuals without Service Animals.

Temporary visitors with Service Animals who visit campus for conferences, workshops, class work, or other circumstances must adhere to all requirements listed in this section.

IV. Animals in Campus Housing

This policy will be amended as needed to address issues specific to bringing or keeping animals in campus housing.

V. Removing a Service Animal

A Service Animal may be temporarily or permanently asked to leave 麻豆原创 State College facilities, grounds, or sponsored events for any of the following circumstances:

A. The Partner is unable to control the animal鈥檚 behavior (including barking) and/or does not take effective action to control the behavior;

B. An animal intended for use as a Service Animal is objectively determined to be presently incapable of performing appropriate and disability-related work or tasks for the Partner and is deemed not to qualify as a Service Animal under the ADA;

C. A Service Animal demonstrates unruly or disruptive behavior that indicates it has not been successfully trained to function as a Service Animal in public settings;

D. The animal is ill;

E. The animal is not clean (this does not apply to Service Animals that become wet from weather-related incidents but are otherwise clean);

F. The animal is destructive;

G. The animal is aggressive;

H. The Partner violates the responsibilities set out in this policy;

I. The animal is abandoned or left for an extended time without supervision.

The timeframe for removing the animal will be determined based on the facts of the specific case and whether the animal poses an imminent threat of harm to members of the campus community. If asked to remove a Service Animal, the Partner may return to campus without the Service Animal and the College will provide the Partner a reasonable accommodation in place of the Service Animal.

VI. Complaints about Animals on Campus

Individuals with medical issues that are affected by a Service Animal should contact the Disability Resource Center (DRC). The person raising the concern must provide verifiable medical documentation supporting the claim that the presence of the Service Animal is a medical issue. The DRC will consider the needs of the Partner and the person filing the complaint in attempting to resolve the problem as efficiently and effectively as possible.

If there is cause to be concerned that a Service Animal may be a health or safety risk, contact the Disability Resource Center to discuss these concerns. Such reports will be handled on a case-by-case basis.

ADDITIONAL CONTACTS

Disability Resource Center
Sharne茅 Walker, Director and Associate Dean of Students
Phone: 702-992-2180
Email: drc@nevadastate.edu

RELATED INFORMATION

• Americans with Disabilities Act as Amended (ADAAA)
• Section 504 of the Rehabilitation Act of 1973
• NSHE Code Title 4, Chapter 8, Section 17
• UNLV Animals on Campus Policy (October 2016)

APPROVALS

Approved by Faculty Senate Chair Dr. Abby Peters, March 12, 2019.
Approved by Provost Dr. Vickie Shields, March 19, 2019.
Approved by President Bart Patterson, April 8, 2019.

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APPENDIX A: DEFINITIONS

Capitalized terms in this list are proper nouns (e.g. titles of documents, personnel titles, organizational units, formal groups, and roles), and are capitalized when referenced in the body text. Acronyms (in parentheses) are defined on first reference in each section, and as needed for clarity within the document.

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Academic Integrity

Academic integrity is a fundamental value at 麻豆原创 State College and is centered on honesty, trust, fairness, respect, and responsibility. Supporting and affirming these values is essential to promoting and maintaining a high level of academic integrity.

If knowledge is to be gained and properly evaluated, it must be pursued under conditions free from dishonesty. Deceit and misrepresentations are incompatible with the values of 麻豆原创 State College and shall not be tolerated under any circumstances. A violation of academic integrity is an act that is harmful to students, faculty, and ultimately, the institution.

Academic Dishonesty

Academic dishonesty is against College as well as System Community Standards. Academic dishonesty includes, but is not limited to:

Plagiarism: Failure to properly acknowledge authorities quoted, cited, or consulted in the preparation of written work. Examples of plagiarism include, but are not limited to:

1. Directly quoting, summarizing, or paraphrasing the work of others without specific indication of sources, or handing in work that is not the student鈥檚 own.
2. Copying and/or presenting the words of others as one鈥檚 own writing, including from Internet sources.
3. Copying words, even if you cite the sources, unless appropriate quotation is noted.
4. Expressing in your own words someone else鈥檚 ideas as your own.

Cheating: The deception about one鈥檚 own work or about the work of another. Examples of cheating include, but are not limited to:

1. Submitting another鈥檚 work as one鈥檚 own or allowing another to submit one鈥檚 work as though it were their own.
2. Several people completing an assignment that was not explicitly assigned as a group project and turning in multiple copies, all represented either implicitly or explicitly as individual work.
3. The use of a textbook or notes during an examination without the explicit permission of the instructor. This includes online and take-home exams.
4. Giving or receiving unauthorized help on assignments.
5. Stealing a problem solution from an instructor.
6. Tampering with experimental data to obtain 鈥榙esired鈥� results or creating results for experiments not completed.
7. Tampering with or destroying the work of others.
8. Submitting substantial portions of the same academic work more than once without permission of the instructor.
9. Falsifying college records, forms, or other documents.
10. Falsifying clinical hours, supervised field experience hours, or student teaching hours.
11. Unauthorized access of computer systems or files.
12. Attempting to bribe an instructor or administrator.

A faculty member who suspects a student of academic dishonesty shall notify the student and offer the student an opportunity for an initial meeting to discuss the allegation and to present any relevant information. When possible, this initial meeting shall occur within seven (7) calendar days of discovery of the alleged violation. Proceedings in case discussions are informal and non-adversarial. The faculty member may make a verbal agreement on, or provide the student with a written or electronic notice, of, a scheduled meeting. The faculty member may request a witness to be present for this meeting. The purpose of this initial meeting is to review and discuss the charges before a decision is reached. The faculty member may use documentary evidence provided the student is allowed to respond to it at the meeting. At this initial meeting the following results may occur:

1. The allegations are dismissed;
2. The student accepts responsibility for the violation and accepts the academic sanction(s) proposed by the faculty member;
3. The student accepts responsibility for the violation but does not accept the sanction and requests a hearing;
4. The student does not accept responsibility for the violation and requests a hearing.
5. If the allegations are dropped or the student accepts responsibility for the violation and accepts the sanction(s), the case is closed.

Appeal Process

1. If the student appeals the action and requests a hearing, the following process will be followed: The student must appeal, in writing, to the Academic Dean, within ten (10) calendar days after the decision of the faculty member.
2. Within five (5) calendar days the Academic Dean will notify the faculty member of the appeal.
3. The hearing will be scheduled no less than ten (10) calendar days from the date of the appeal. (The student may waive this period and have the hearing sooner.)

Hearing Board

The Hearing Board shall consist of the following members with due consideration being given to possible conflicts of interest:

• Two (2) undergraduate students.
• Three (3) faculty members. To ensure the impartiality of the Hearing Board, members must be appointed from programs other than those in which the case originated and in which the accused student is majoring.

Hearing Procedure

1. The hearing will be held within twenty-one (21) calendar days after the case has been referred.
2. The Dean will call the accused student to appear before the hearing board. If the student wishes to be accompanied by an advisor or an attorney, the board must be notified at least forty-eight (48) hours in advance. The faculty member shall also be present, and may be accompanied by an advisor or by an attorney whenever the student chooses such counsel.
3. The Dean will state the content of the report of alleged academic dishonesty and the specific charges made.
4. The faculty member will appear before the board to present evidence against the student. The chair of the board may call other witnesses. The accused student and board members may cross-examine.
5. The student may present evidence on their own behalf.
6. The board members will then meet in closed session to make a final decision.
7. If the student is found to be guilty, the hearing board shall consult about any past record of academic misconduct.
8. The hearing board then shall recommend appropriate disciplinary sanctions to the Dean and apprise the faculty member of its deliberations. If the student has been found guilty, the faculty member may impose an academic sanction in addition to the disciplinary sanction (see below).

Academic Sanctions

The following academic sanctions may be imposed if a student has admitted responsibility for the violation or if the hearing board has found the student guilty:

• Cancel the student鈥檚 enrollment in the class without a grade;
• Give a grade of 鈥�0鈥� or 鈥淔鈥� for any assignment;
• Give a grade of 鈥淔鈥� in the course.

Disciplinary Sanctions

In addition to the academic sanction imposed by the faculty member, disciplinary sanctions may be imposed in accordance with the Student Code of Conduct.

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POLICY STATEMENT

The Student Code of Conduct seeks to establish high standards of conduct for the Student community at 麻豆原创. The Student Code of Conduct, and its associated processes for the resolution of Student misconduct, is intended to teach Students to live and act responsibly in a community. As Students participate in the campus community and its sponsored activities, they are responsible for their own actions and are subject to local, state, and federal laws as well as all University and 麻豆原创 System of Higher Education (NSHE) policies, procedures, rules, and regulations.

The University leadership views the Student Code of Conduct policy as not only a disciplinary policy but also a learning experience for the Student involved, with the expectation that this experience may result in individual Student growth, changes in behavior, and increased understanding of the Student鈥檚 responsibilities and privileges within the University community. The Student Code of Conduct, therefore, functions as an aspect of the University鈥檚 educational process.

The goals of the Student Code of Conduct policy are to promote a campus environment that supports the overall educational mission of the University; to protect the University community from disruption and harm; to encourage appropriate standards of individual and group behavior; and to foster ethical standards and civic virtues. The Conduct approach is rooted in the goal of keeping them enrolled in classes and retained at 麻豆原创 State if possible and giving Students an opportunity to learn from their decisions and behaviors.

DEFINITIONS

Board of Regents: Body legally charged with the control and management of NSHE, primarily by setting policy.

University: 麻豆原创.

University Premises: All land, buildings, facilities, and other property owned, leased, used, or controlled by the University (including adjacent streets and sidewalks).

Complainant: Any person who submits a charge alleging that a Student violated the Student Code of Conduct.

Email: The Student鈥檚 official NS email address. The University may, but is not required to, use any other email address for a Student in addition to the official NS email address. For purposes of notice, messages delivered to the official NS email address constitute notice when sent.

Hazing: An act which endangers the mental or physical health or safety of a Student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization.

Member of the University Community: Any person who is a Student, faculty member, University official, or any other person employed by the University. The Student Conduct Officer shall determine a person鈥檚 status as a Member of the University Community in a particular situation.

麻豆原创 System of Higher Education (NSHE): System of universities, colleges, research, and public service units of the University of 麻豆原创.

Permanent Academic Record: A Student鈥檚 transcript and record in the Student Information System pertaining to the Student鈥檚 academic career or history.

Respondent: Any Student accused of violating this Student Code of Conduct.

Sanctions: Disciplinary actions imposed through informal resolution by the Student Conduct Officer or through a formal hearing.

Sexual Assault: Use of, or threat to use, force or violence of a sexual nature against any guest or Member of the University Community on University Premises or at any University sponsored program or activity.

Sexual Harassment: For the purposes of this policy, a situation in which submission to a request or demand of a sexual nature is either an explicit or implicit term or condition of employment or of academic study or grading, or where verbal or physical conduct of a sexual nature has the effect of creating an intimidating, offensive, or hostile work or educational environment. Sexual Harassment includes sexual violence.

Stalking: Engaging, willfully or maliciously and without lawful authority, in a Course of Conduct that would cause a Reasonable Person to feel terrorized, frightened, intimidated, harassed, or fearful for the immediate safety of a family or household member, and that actually causes the victim to feel terrorized, frightened, intimidated, harassed, or fearful for the immediate safety of a family or household member. Stalking includes but is not limited to engaging in a Course of Conduct directed at a specific person that would cause a Reasonable Person to fear for their safety or the safety of others or to suffer Substantial Emotional Distress.

1. Course of Conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person鈥檚 property;
2. Substantial Emotional Distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling;
3. Reasonable Person means a reasonable person under similar circumstances and with similar identities to the victim.

Student: All persons taking courses at 麻豆原创, either full-time or part-time, including on an auditing basis. Persons who are officially enrolled but are not taking any course(s) in a particular term are considered Students. This includes individuals who have applied for admission to the institution or have been notified of their acceptance for admission. A person considered a Student remains so until a conduct matter is resolved, even if they leave the University prior to resolution of the matter.

Student Conduct Board: Hearing board established under Article V, Section E of this Policy.

Student Conduct Officer: University employee responsible for coordinating all activities of the University Student disciplinary system.

Student Organization: Any number of persons who have complied with the formal requirements for recognition/registration by the Office of Student Life.

Working Days: Monday through Friday when 麻豆原创 State classes are scheduled and in session.

PROCEDURES

I. Authority and Jurisdiction

The 麻豆原创 Student Code of Conduct is established pursuant to the President of the University鈥檚 authority under NSHE Code Chapter 10, Section 10.2.2, to establish and enforce rules and regulations governing Student conduct. The President has delegated the responsibility for enforcing such rules and regulations to the Vice President of Student Affairs. The conduct approach is rooted in a focus on retaining Students in classes and the University if possible. The authority for determining procedures for hearings and Sanctions for Code violations, however, ultimately rests with the Vice President of Student Affairs.

The University鈥檚 disciplinary authority extends to persons identified as Students. This scope of authority also extends to persons with a continued intent to pursue an education at the University.听Students are expected to comply with the Student Code of Conduct in all application materials and upon admission.

Every Student shall be responsible for all personal conduct from the time of application for admission through the actual awarding of a degree, even when conduct occurs before classes begin or after classes end, such as during periods between terms. The Student Code of Conduct applies to a Student鈥檚 conduct even if the Student withdraws from school while a disciplinary case is pending. If a Student leaves the University, any unresolved complaints of alleged misconduct will be reviewed and addressed upon the Student’s return. If the Student is asked to leave the University for behavior that violates the Student Code of Conduct, the student will be informed in writing via Email of the required expectations for a successful return. If there were circumstances involving a Student graduate of the University who is found to have been involved in action which directly affects the status of the degree and/or the University community, the University will invoke its authority to resolve the incident through a review of, and possible action to modify, the Student鈥檚 status and record.

The authority of the University to address Student conduct involves all Students while they are present on or at any of the following:

A. Premises owned or leased by the University;

B. Campus housing;

C. Off-campus buildings used by Students through their association with a Student Organization;

D. Off-campus locations approved by the University for Student employment placement;

E. Another site for an academic or extracurricular University-related experience, including all exchange programs.

This authority extends to off-campus conduct that adversely affects the University community and/or the pursuit of its objectives, and where it adversely affects the health, safety, or security of any Member of the University Community.听When an incident occurs off-campus that is not at a University or University-sponsored event, it will be the responsibility of the Vice President of Student Affairs, in consultation with the President, to determine whether University authority will be asserted. The VPSA will review each incident on a case-by-case basis to allow the institution to consider the unique facts of each situation.

Students may also be subject to rules of other University organizations, academic programs, and facilities that impose additional standards of conduct. Those standards may be enforced without a requirement to follow Student Code of Conduct procedures.

II. Rules and Regulations

Any Student found to have committed or to have attempted to commit any of the following misconduct is subject to the disciplinary Sanctions outlined in Section VII below:

A. Violation of stated prohibitions, policies, procedures, rules, or regulations of 麻豆原创 or NSHE;

B. Violation of any federal, state, or local law;

C. Acts of dishonesty, including but not limited to:

1. 1. Cheating, plagiarism, or other forms of academic dishonesty;
   2. Furnishing false information to any University official, faculty member, or office;
   3. Forgery, alteration, or misuse of any University document, record (including student records), or instrument of identification;
   4. Unauthorized representation as an agent of the University in discussions or negotiations with third parties;
   5. Sharing an instructor鈥檚 copyrighted course materials;

D. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other University activities, including its public service functions on or off-campus, or of other authorized non-University activities when the conduct occurs on University Premises that rises to a level that cannot be addressed effectively by the academic unit鈥檚 internal policies and processes.

1. 1. Disruptive behavior covered by the Student Code of Conduct does not include elements normally addressed through classroom management practices, such as outbursts in class, argumentative behavior, or wandering verbal thoughts or ideas.
   2. Before a disruption or obstruction of teaching or research is referred to the Student Conduct Officer, appropriate School-level approaches and procedures should be exhausted.

E. Conduct that endangers the health or safety of any Member or guest of the University Community, including a Student鈥檚 conduct which presents a danger to self;

F. Physical abuse, verbal abuse, threats to another person鈥檚 physical safety, intimidation (e.g., statements implying future harm to a person鈥檚 physical safety), harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person;

G. Attempted or actual theft of and/or damage to property of the University or property of a Member of the University Community or other personal or public property, on or off-campus;

H. False reporting of any emergency situation;

I . Unauthorized tampering with, and/or accessing of, safety, security, or fire protection equipment or devices;

J. Setting off a fire alarm for reasons other than actual fire or emergency;

K. Involvement in setting or causing any unauthorized fire in or on University property;

L. The express or implied consent of the victim is not a valid defense. Apathy or acquiescence in the presence of Hazing is not a neutral act; it is a violation of this rule;

M. Failure to comply with the valid directions of University officials acting pursuant to their official duties and/or failure to identify oneself to these persons when validly requested to do so;

N. Unauthorized possession, duplication, or use of keys to any University Premises or unauthorized entry to or use of University Premises;

O. Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law;

1. 1. 麻豆原创 is sympathetic to the medical needs of our Students, employees, and visitors. A growing number of states, including 麻豆原创, have enacted laws decriminalizing or legalizing the use, possession, delivery, manufacture, growth, distribution, production, and/or cultivation (hereinafter 鈥渦se鈥�) of medical marijuana. Federal law prohibits the use of medical marijuana on University and university campuses that receive federal funding. Therefore, the use, possession, or cultivation of marijuana, including for medical purposes, on any 麻豆原创 or 麻豆原创 Foundation owned or leased property, or at any 麻豆原创 sponsored or authorized activity, is expressly prohibited;

P. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by University regulations), or public intoxication. Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one (21) years of age;

Q. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on University Premises or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others;

R. Obstruction of the free flow of pedestrian or vehicular traffic on University Premises or at University sponsored or supervised functions;

S. Theft or other abuse of computer facilities and resources, including but not limited to:

1. 1. Unauthorized entry into a file or software program to use, read, or change the contents, or for any other purpose;
   2. Unauthorized transfer of a file;
   3. Use of another individual鈥檚 identification and/or password;
   4. Use of computing facilities and resources to interfere with the work of another Student, faculty member, or University official;
   5. Use of computing facilities and resources to send obscene or abusive messages;
   6. Use of computing facilities and resources to interfere with normal operation of the University computing system;
   7. Use of computing facilities and resources in violation of copyright laws;
   8. Any violation of University or NSHE computer use policy;

T. Unlawful discrimination based on race, creed, color, sex, age, sexual orientation, disability, national origin, gender identity, or genetic information, or any act of employment or educational retaliation against any person who has made a complaint about such discrimination;

U. Sexual Harassment;

V. Sexual Assault;

W. Abuse of the Student conduct system, including but not limited to:

1. 1. Falsification, distortion, or misrepresentation of information during the course of the conduct resolution process;
   2. Contempt of Student disciplinary proceedings, including impairing or interrupting any proceeding;
   3. Initiation of a Student conduct code proceeding in bad faith;
   4. Attempting to discourage an individual鈥檚 proper participation in, or use of, the Student conduct system;
   5. Failure to comply with Sanction(s) imposed under the Student Code of Conduct;

X. Stalking;

Y. Willful incitement of individuals to commit any acts herein prohibited.

III. NSHE Additional Standards of Conduct

In addition to regulations for Student conduct for 麻豆原创, all Students and Student Organizations are responsible for following the Rules of Conduct and Procedures for Students of the 麻豆原创 System of Higher Education. The prohibited conduct is found in the NSHE Code, Section 10.2.1.

IV. Violation of Federal, State, or Local Law and University Discipline

A. When a Student is charged by federal, state, or local authorities with a violation of the law, the University will not request or agree to special consideration for that individual due to their status as a Student. Action by the University may go forward regardless of other possible or pending administrative, civil, or criminal proceedings arising out of the same or other incidents. The Complainant may choose to file charges against the Student in one or both arenas: internally, through the University鈥檚 Student conduct system, and/or externally, through the criminal justice or civil system.

B. The University may advise off-campus authorities of the existence of the Student Code of Conduct and of the process for resolution of a potential violation of the Student Code of Conduct. The University will cooperate with law enforcement and other agencies in the enforcement of criminal law on campus. Individual Students remain free to interact with governmental representatives as they deem appropriate. Decisions regarding resolution of the University Student conduct case, including Sanctions imposed, shall not be subject to change because criminal charges arising out of the same facts prompting the violation of University rules were dismissed, reduced, or resolved in favor of or against the defendant in court.

V. Resolution of Student Conduct Charges

A. Charges of Student Misconduct: Any Member of the University Community may file charges against a Student for violations of the Student Code of Conduct. A charge shall be prepared in writing and filed with the Student Conduct Officer. Any charge should be submitted as soon as possible after the event takes place. If a charge is determined by the Student Conduct Officer (and/or the Vice President of Student Affairs鈥� alternate designee) to be criminal and to violate federal, state, or local law, the matter may be referred to the appropriate law enforcement agency for investigation.

B. Investigations: The Student Conduct Officer may conduct an investigation to determine if the charge has merit. At any time, the Student Conduct Officer, with the approval of the VPSA (or designee), may determine that the best course of action is to informally resolve the charge through mediation, conflict resolution, or an educational conference. Upon completion of the investigation, the Student Conduct Officer will notify the Respondent via Email; if the decision is that the charge has merit, the Respondent will also be notified by first-class U.S. Postal Service mail. The letter shall state the factual allegations, the charges, the Student Conduct Officer鈥檚 proposed informal resolution process, if not completed earlier, and a copy of the Student Code of Conduct.

C. Informal Resolution of the Charges: The Respondent shall participate in and work with the Student Conduct Officer for an informal resolution of the charge. At the conclusion of a successful informal resolution process, a written determination shall be signed by the Student Conduct Officer and Respondent, which may include any of the disciplinary Sanctions described in the Student Code of Conduct. At any time prior to signing a written determination, the Respondent can request a formal hearing as the means to resolve the complaint.

D. Failure to Reach Resolution: If the Student Conduct Officer and Respondent do not reach an informal resolution within ten (10) Working Days or if the Respondent requests a hearing, the Student Conduct Officer shall notify the Respondent in writing that the matter will be addressed through a hearing before a Student conduct board. A time for the hearing, not more than twenty (20) Working Days from the date of the decision to proceed with a formal resolution of the complaint, shall be set. Maximum time limits for scheduling hearings may be extended at the discretion of the Student Conduct Officer. Notice of the hearing may be given by Email, by first-class mail via the U.S. Postal Service with delivery confirmation to the last known address of the Student, or by personal delivery. It is the Respondent鈥檚 responsibility to maintain an updated mailing address.

E. Appointment of Hearing Boards for Formal Resolution of Charges: The Student Conduct Officer will establish a conduct hearing board. The Student conduct hearing board will have a chair and shall include at least one (1) Student and at least one (1) academic or administrative faculty member.

F. Hearing Procedures

1. 1. In hearings involving more than one Respondent, the Student Conduct Officer has the discretion to permit the hearing concerning each Respondent to be conducted either separately or jointly.
   2. The Respondent and the Student Conduct Officer are responsible for presenting their own information, introducing witnesses, and answering questions throughout the hearing. The Respondent has the right to be assisted by one advisor, who shall be either an attorney or University employee. The advisor serves as a supporter during the conduct hearing; however, the advisor has no right to speak during the hearing except to the Respondent. The Respondent must give written notice of the name and address of the advisor, and whether the advisor is an attorney, to the Student Conduct Officer at least five (5) Working Days before the day set for the hearing. An advisor will not be permitted at the hearing without such notice. The Student Conduct Officer has sole discretion to delay or reschedule a hearing to accommodate the advisor鈥檚 scheduling conflicts.
   3. Parents or guardians are able to observe the proceedings but are not allowed to take an active or advisory role.
   4. The Respondent and Student Conduct Officer shall exchange lists of all witnesses and provide copies of all documents which each side proposes to introduce into evidence at least five (5) Working Days prior to the hearing.
   5. The Respondent(s) and advisor(s), if any, along with the Student Conduct Officer, shall be allowed to attend the entire portion of the hearing at which information is received, excluding the period of deliberations. Admission of any other person to the hearing shall be at the discretion of the Student conduct board.
   6. Witnesses will be examined by the Student Conduct Officer and the Respondent. The Student Conduct Board members may ask questions of the witnesses. The burden of proof rests with the Student Conduct Officer.
   7. The Student Conduct Board or Student Conduct Officer may accommodate concerns for personal safety, well-being, and/or fears of confrontation by the Complainant, the Respondent, and/or witnesses during the hearing or during the informal resolution process by providing the opportunity for the Student Conduct Officer to receive pertinent information and to conduct 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. Options may include use of a visual screen, participation by videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means as determined by the Student conduct board in the case of formal hearings and the Student Conduct Officer in the case of an informal resolution process.
   8. Either party may present pertinent written statements, records, or other information to the Student conduct board. The Student Conduct Officer bears the burden of proof. The standard is preponderance of the evidence. The formal rules of evidence in court shall not apply; however, irrelevant or unduly repetitious evidence shall be excluded.
   9. To the extent consistent with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. section 1232g, the hearing, except for deliberations, shall be taped or digitally recorded. Upon request by the Student, a written transcript will be provided at the Student鈥檚 expense. Personally identifiable information pertaining to other Students will be redacted. The record shall be the property of the University, and will be maintained with the Student鈥檚 conduct records by the Student Conduct Officer.
   10. Hearings shall be conducted in private, unless the Respondent requests an open hearing.
   11. If a Respondent, with notice, does not appear at a hearing, the information in support of the complaint shall be presented, considered, and acted upon even if the Respondent is not present. Failure of the Student to appear is not evidence that the Student was responsible for or guilty of the charge of misconduct.
   12. The hearing will proceed according to the University鈥檚 schedule and will not be delayed by another proceeding off campus.
   13. The Student Conduct Board chair presides over the hearing, including swearing in witnesses, maintaining order, and deciding matters of admission of evidence.
   14. The Student Conduct Board deliberates in closed session after the hearing has concluded, and shall determine whether the Respondent has violated the section(s) of the Student Code of Conduct alleged.
   15. The Student Conduct Board鈥檚 determination shall be made on the basis of whether it is more likely than not that the Respondent violated the rules of conduct alleged.
   16. If the Respondent is found not to have violated the Student Code of Conduct, the hearing is concluded. If the Respondent is found to have violated the Student Code of Conduct, the Student Conduct Board will work with the Student Conduct Officer to determine the appropriate Sanction(s).
   17. The Student Conduct Officer will provide the decision(s) on the violation and, if appropriate, for Sanctions to the Student Conduct Officer and to the Student within five (5) Working Days of the conclusion of the hearing. The written decision may be served by Email, by first-class mail via the U.S. Postal Service with delivery confirmation to the last known address of the Student, or by personal delivery. Service is complete upon sending of the email or depositing with the U.S. Postal Service.

G. Additional Procedures Available when Sexual Harassment or Sexual Assault Is Alleged: Cases in which Sexual Harassment or Sexual Assault is alleged will be managed in coordination with the campus Title IX Officer.听Refer to NSHE Handbook Title 4, Chapter 8, Section 14 for additional information. Findings may be provided to the Student Conduct Officer for issuance of Sanctions.

VI. Appeals

A. A Respondent who is aggrieved by the decision of a Student Conduct Board may appeal to the Vice President of Student Affairs (or designee). The appeal shall be in writing (via email and/or first-class U.S. mail) and delivered to the Student Conduct Officer within ten (10) Working Days of the decision being emailed or postmarked at the U.S. Post Office. The Student鈥檚 appeal must include all written arguments in support of the appeal.

B. Grounds for an appeal are:

1. 1. Deviations from procedures set forth which result in significant prejudice;
   2. The evidence presented at the hearing was not substantial enough to justify the decision;
   3. The Student/organization charged was not afforded an adequate opportunity to prepare and present a defense;
   4. The Sanction imposed was not appropriate for the violation established;
   5. New information sufficient to alter a decision, and which could not have been discovered with due diligence before the hearing, is available.

C. The Student Conduct Officer shall review the appeal and direct it, along with the recording of the hearing, any written evidence and arguments, and the decision, to the Vice President of Student Affairs (or designee) within ten (10) Working Days of receiving the appeal. The Student Conduct Officer shall also submit written arguments in opposition to the appeal.

D. The Vice President of Student Affairs (or designee) shall review the recording of the hearing and the complaint, the decision, and any information or evidence that was part of the decision-making process for the conduct case. The Vice President of Student Affairs (or designee) may uphold or modify the decision, may refer the case back to the original Student Conduct Board, or may order a new hearing before a new Student conduct board.

E. The decision of the Vice President of Student Affairs (or designee) shall be in writing and made available to the Respondent and Student Conduct Officer within thirty (30) calendar days of receipt of the appeal. The Vice President of Student Affairs (or designee) may extend the time limit of this section by written notice via email to all parties.

F. Any Sanction against the Student shall not take effect until any appeal is concluded.

VII. Sanctions

It is the Student鈥檚 responsibility to provide the Student Conduct Officer with updates and documentation regarding compliance with Sanctions. Disciplinary Sanctions may include listing Not in Good Standing status on a Student鈥檚 official academic transcript, institutional expulsion, or withholding of a degree, and shall become part of the Student鈥檚 Permanent Academic Record.

A. The following Sanctions may be imposed upon any Student found to have violated the Student Code of Conduct. More than one sanction listed below may be imposed for any single violation.

1. Warning: A notice in writing to the Student that the Student is violating or has violated the Student Code of Conduct;
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. Probation: Probation for a designated period of time and includes the probability of more severe disciplinary Sanctions if the Student is found to violate any University policies, rules, procedures, or regulations during the probationary period.
4. Loss of Privileges: Denial of specified privileges for a designated period of time, including, but not limited to, eligibility for Student employment, participation in Student clubs and organizations, or participation as a Student ambassador or peer mentor;
5. Discretionary and Educational Sanctions: Participation in specific educational programs, such as alcohol and/or other drug educational intervention programs, assessments, educational activities (e.g. online instructional workshops), work assignments, service to the University or the surrounding community, or other related discretionary assignments;
6. Deferred University Suspension: Deferred suspension from the University until the close of the current term or some other time frame for review of the Student鈥檚 progress in addressing the conduct concern. If further conduct violations occur during the period of suspension, a recommended suspension takes effect immediately.
7. University Suspension: Exclusion for a definite period of time from attending classes and from participating in other University activities, as set forth in a written notice to the Student. The official transcript of the Student shall be marked 鈥淒ISCIPLINARY SUSPENSION EFFECTIVE ____TO ___.鈥� The parents or legal guardians of minor Students shall be notified of the action.

i. A Student who is enrolled in the last semester before graduation or is not currently enrolled in the University and who was not registered during the previous fall or spring 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 (2) academic years have elapsed since the expiration of the Student鈥檚 suspension. Such request must be submitted in writing to the Vice President of Student Affairs in accordance with NSHE Code Title 2, Section 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.

8. University Expulsion: Termination of Student registration and status for an indefinite period of time. Permission of the Vice President of Student Affairs shall be required for readmission. The official transcript of the Student shall be marked 鈥淒ISCIPLINARY EXPULSION EFFECTIVE ____.鈥� The parents or legal guardians of minor Students shall be notified of the action.

i. A Student who is enrolled the last semester before graduation or is not currently enrolled in the System and who was not registered during the previous semester or who graduated at the end of the previous term may request that the notation of the disciplinary expulsion be removed from the official transcript when four (4) years have elapsed since the expiration of the Student’s expulsion or termination. The request must be submitted in writing to the Vice President of Student Affairs in accordance with NSHE Code Title 2, Section 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.

9. Revocation of Admissions and/or Degree: Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violations of University standards in obtaining the degree, or for other serious academic violations committed by a Student prior to graduation.

10. Not in Good Standing Status. The academic transcript designates the Student left the University before disciplinary Sanctions were completed.

B. Other than University expulsion, revocation, withholding of a degree, or notation of Not in Good Standing Status, disciplinary Sanctions shall not be made part of the Student鈥檚 Permanent Academic Record, but shall become part of the Student鈥檚 disciplinary record maintained by the appointed Student Conduct Officer. Upon graduation, the Student鈥檚 disciplinary record may be expunged of disciplinary actions other than suspension, expulsion, revocation, or withholding of a degree upon written request to the Student Conduct Officer and approval by the Vice President of Student Affairs.

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

D. Student Organizations may be subject to Sanctions as stated in Section IX.

VIII. Emergency Removal

The Vice President of Student Affairs (or designee) may order the immediate removal of a Student from the campus so as to:

A. Ensure the safety and well-being of Members of the University Community;

B. Protect University property;

C. Ensure the Student鈥檚 own physical or emotional safety and well-being;

D. Prevent an ongoing threat of disruption of, or interference with, the normal operations of the University; or

E. Protect any Student from Sexual Harassment or retaliation for the report of Sexual Harassment.

Such removal shall be accompanied by denial to the Student of access to the campus, including classes, and/or to all other University activities or privileges for which the Student might otherwise be eligible, as the Vice President of Student Affairs deems appropriate. During the period of removal from campus, the Student may not come onto University property for any reason other than meeting with appropriate University official(s), when asked to do so, regarding resolution of the emergency removal and the Student conduct resolution.

Any Student so removed shall be afforded an opportunity for a hearing no later than ten (10) Working Days following the removal. The hearing shall be limited to whether the emergency removal should continue pending the outcome of a disciplinary hearing. A Student Conduct Board shall hold the hearing under the hearing procedures (see V.F above). The Vice President of Student Affairs鈥檚 decision upon the Student Conduct Board鈥檚 recommendation shall be final and is not subject to appeal.

An emergency removal does not replace the regular disciplinary process, which shall proceed on the normal schedule, up to and through a Student conduct hearing, if required.

When a Student is removed for their own emotional and personal safety, a resolution on the decision regarding the Student鈥檚 removal from campus will be addressed through an informal meeting with the Student Conduct Officer. The goal of the meeting is to create a plan for most effectively meeting the Student鈥檚 personal and scholarly needs as a continuing Student.

IX. Student Organizations

Student Organizations are expected at all times to conduct themselves in accordance with the Student Code of Conduct. A Student Organization believed to be involved in any of the activities identified in this policy as misconduct may be reported to the Student Conduct Officer for an investigation of the activity in question.听A Student Organization is responsible for a violation of the Student Code of Conduct if 1) a member acts in contravention to the Code of Conduct as a representative of the organization; 2) the member鈥檚 actions, which contravene the Code of Conduct, result from the practices or dispositions of the Student Organization; or, 3) the member鈥檚 actions, which contravene the Code of Conduct, have been explicitly or tacitly approved by the Student Organization.

A. Procedure for Student Organizations: The procedure for addressing a charge filed through the Student Conduct Officer against a Student Organization is as follows:

1. 1. A written complaint is made with the Student Conduct Officer;
   2. The Student Conduct Officer investigates the complaint;
   3. The Student Conduct Officer determines whether the evidence supports the allegation of misconduct, and if so, may proceed with an informal resolution, including the imposition of any of the Sanctions in IX.B;
   4. The Student Organization may accept the decision or may request a hearing;
   5. The Student Conduct Board will meet with the appropriate parties to make findings of fact and determine appropriate Sanctions.

B. Sanctions for Student Organizations: Available Sanctions include all those stated under VII: Sanctions, as well as any of the following:

1. 1. Prohibition from recruiting and/or accepting new members;
   2. Prohibition from participating in University events and co-curricular activities;
   3. Restitution to reimburse the legal owners for a loss due to defacement, damage, fraud, theft, or misappropriation of property. The failure to make restitution shall be the cause for more severe disciplinary action;
   4. Denial of use of University facilities;
   5. Loss of recognition.

X. Interpretation

Any question of interpretation or application of the Student Code of Conduct shall be referred to the University鈥檚 General Counsel.

RELATED INFORMATION

• Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. section 1232g
• NSHE Code Chapter 10, Sections 10.2.1, 10.2.2, and 10.4.9(j and l)
• NSHE Handbook Title 4, Chapter 8, Section 14

HISTORY

Replaces SA 5: Student Code of Conduct Policy

APPROVALS

Approved by Stefanie Coleman, Vice President of Student Affairs, 5/5/2023
Approved by Dr. DeRionne Pollard, President, 8/4/2023

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