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UNLV Student Conduct Hearing Board Code Revision Training

Since the Student Conduct Code has recently been revised, the attached presentation will review the approved changes.
by

Andrea Barefield

on 1 October 2010

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Transcript of UNLV Student Conduct Hearing Board Code Revision Training

UNLV Office of Student Conduct Student Conduct Hearing Board
Code Revision Review Authority & Jurisdiction During the 2009-2010 academic year, a University taskforce revised the Student Conduct Code and submitted it for approval. After a review process the following changes were approved for the UNLV Student Conduct Code. We hope that this information will allow you to familiarize yourself with the changes and provide some review of the UNLV Student Conduct Process. The NSHE Code and UNLV Code are designed to enable the University to protect against the conduct of those who, by their actions, impair or infringe on the rights of others or interfere with the orderly operations of the University. The Code applies to conduct that occurs on the premises of UNLV, at UNLV sponsored activities and to off-campus conduct that adversely affects the UNLV community. Students are responsible for their conduct from the time of application for admission through the actual awarding of the degree, even though the conduct may occur before classes begin or after classes end. This includes during the academic year and during periods between terms of actual enrollment, and even if their conduct is not discovered until after a degree is awarded. The term “student” means any person who is enrolled in courses, either full-time or part-time, including correspondence study, electronic means, Study Abroad, or auditing, or courses offered through any UNLV satellite campuses or auxiliary means. Students are subject to disciplinary action for conduct that occurs during any period under the “Code’s” authority and jurisdiction. Students who leave the University before a conduct matter is resolved may be prohibited from future enrollment until such time as the matter is resolved. Persons who are not officially enrolled for a particular term but who have continuing relationship with the University are considered “students.” This includes individuals who have applied for admission to the University or have been notified of their acceptance for admission. All students, regardless of disability, are responsible for adhering to the “Code.” The Americans with Disabilities Act (ADA) does not excuse or protect an individual from being held responsible under the “Code” for emotional or violent outbursts causes by impairment. When there is cause to believe a student endangers the health, safety, or welfare of the University community or its property, the Vice President for Student Affairs or his/her designee may order the immediate removal of a student, including a prohibition from the University property and activities for an interim period pending a conduct “show cause” hearing. The Office of Student Conduct shall conduct a “show cause” hearing within 72 hours of this emergency removal, or on the earliest college working day thereafter identified by the student. The sole purpose of the “show cause” hearing is to make a recommendation as to whether the student may return to the campus pending conclusion of the conduct process. Student Rights & Responsibilities Responsible Action Protocol
At UNLV, the health, safety and welfare of our students and community are paramount concerns. As such, all UNLV students are expected to alert appropriate officials in the event of any health or safety emergency—specifically including those involving the abuse of alcohol or drugs. In a situation involving imminent threat or danger to the health or safety of any individual(s), students are generally expected to:

1.To contact emergency officials by calling 911 to report the incident,
2.To remain with the individual(s) needing emergency treatment and cooperate with emergency officials, so long as it is safe to do so,
3.To meet with appropriate University officials after the incident and cooperate with any University investigation. The University will consider the positive impact of taking responsible action in an emergency situation when determining the appropriate response for alleged conduct violation by the reporting student that may have occurred prior to or concurrently with the emergency situation. The protocol does not preclude or prevent action by police or other local authorities. Nor does this protocol preclude disciplinary action regarding other violations of the “Code,” such as causing or threatening physical harm, sexual misconduct, property damage, harassment, hazing, etc. Failure of students to take responsible actions in an emergency situation, however, may void all protections under this provision, may constitute an aggravating factor for purposes of sanctioning, and may lead to further disciplinary actions when such failure to act otherwise constitutes a violation of University rules, regulations, or policies. Student Organizations Any recognized student group or organization may be charged with violations of this code. This will occur if it is determined that any of its members are involved in violations of the “Code” and that violation is in any way related to the group or organization. In some instances, the conduct of a single member may provide sufficient grounds for action towards the entire organization. There is no minimum number of organization members who must be involved in an incident before conduct action may be taken towards the entire organization. An appropriate but not exhaustive inquiry to determine whether an organization may be held accountable for the conduct of individuals is to ask whether it is likely that the individuals would have been involved in the incident if they were not members of the organization or if, by group action, the incident was encouraged, fostered, or might have been prevented. Formal Resolution The Office of Student Conduct shall provide a notice of hearing to the charged student/student organization at least ten college working days prior to any hearing. If the charged student/student organization intends to have an advisor or other representative present, he/she or it must notify the Office of Student Conduct at least five (5) college working days in advance of the hearing and specify the name and address of the advisor, and whether the advisor is an attorney. The Office of Student Conduct is responsible for providing a written summary and verbal presentation of the charges, including all relevant information that resulted from the investigation process, to the hearing officer or panel or committee members and the charged student/student organization. This role is assumed by the Office of Student Conduct in all formal hearings, whether the original complainant is present or not. The summary of charges and supporting information will provide the basis of the formal hearing proceedings. Upon request, the student/student organization charged, the advisor, if any, and the Office of Student Conduct have the right to examine any supporting documentation to be presented at the hearing, at least five (5) college working days prior to the hearing during regular business hours. Thus, all documentation for the hearing file must be submitted by the complainants (s), charged student/student organization, witnesses, and the Office of Student Conduct by this deadline. All hearings are closed unless the charged student/student organization requests an open hearing. The Vice President for Student Affairs or his/her designee must approve the opening of said hearing. All formal hearings conducted by a Hearing Panel, Special Hearing Committee, or Integrity Hearing Board require a majority to find a student/student organization responsible for violating the “Code.” All determinations shall be based on whether it is more likely than not that the charged student/student organization violated the “Code.” The complainant and the charged student/student organization have the right to be assisted by any advisor they choose, at their own expense. However, the complainant and the charged student/student organization are responsible for presenting their own information, and therefore, advisors are not permitted to speak or to participate directly in any formal hearing without the expressed permission of the Hearing Panel or Individual Hearing Officer. The only individuals in a hearing who have the right to present information and question witnesses are the following:
The complainant
The charged student/student organization
Hearing officer/panel committee or board The representative from the Office of Student Conduct may serve as the complainant in a case. The charged student/student organization has the right to appear at a hearing to hear the evidence, offer explanatory and clarifying information and evidence, and question any witnesses. The charged student/student organization may choose not to attend the hearing. If a charged student/student organization, with notice, does not appear for a formal hearing, the information in support of the charges shall still be presented and considered. In such cases, failure to respond or appear will not create a presumption of either responsibility or non-responsibility. All findings of fact, recommendations, and decisions must be based solely on the information made available for use at the hearing. This includes, but is not limited to, all information made available to the charged student/student organization as part of the conduct hearing file. Minor technical departures or errors in the procedures established by the “Code” or applicable rulings will not necessarily be grounds to withhold conduct action. A single hearing may be held for more than one person/student organization charged in cases arising out of a single or multiple occurrences. Each charged student/student organization, however, retains the right to request his/her or its case be heard individually. A recording will be made of the hearing for the purpose of review by an appeal panel. Findings of fact and recommended sanction(s), if any, shall be made in writing by the Hearing Office or Hearing Panel/Committee/Board Chair to the Vice President for Student Affairs or his/her designee within five (5) college working days after the close of the hearing. The Vice President for Student Affairs or his/her designee shall review the findings of fact and recommended sanctions reported by the Hearing Officer or Hearing Panel/Committee Chair, and may:
Dismiss the charge or charges, in any combination;
Affirm the recommended sanctions;
Impose a greater or lesser sanction than recommended; or
Order a new hearing. The Vice President for Student Affairs or his/her designee shall submit a written decision within five (5) college working days after receipt of the findings and recommended sanctions. Notice and copies of the decision will be provided to the charged student/student organization and the Office of Student Conduct. The notice shall also contain a notice of appeal rights and procedures. An additional five (5) college working days will be added in cases of suspension or expulsion. When a student under the age of eighteen years is suspended or expelled, the student’s parent(s) or legal guardian(s) shall be notified by certified mail, return receipt requested, and will be sent to the parent’s/parents’ or legal guardian’s/ guardians’ last known address. If the charged student/student organization does not appeal the decision of the Vice President for Student Affairs or his/her designee within five (5) college working days as specified in Article VI, such decision is final. Appeal Procedures A charged student/student organization found responsible for a violation of the “Code” has the right to appeal that decision and any sanctions imposed to the Vice President for Student Affairs or his/her designee. The right of appeal is the right to seek review of a formal hearing decision or other action by an impartial panel granted higher University authority; it is not a right to a new hearing. The Vice President for Student Affairs or his/her designee shall appoint an appeal panel which shall hear all appeals from formal hearings and from decisions. The appeal panel shall consist of three (3) members, and shall include at least one (1) faculty or professional staff person, and one (1) student.
Members of the appeal panel shall be drawn from a pool of faculty, professional staff, and students who have completed the approved conduct hearing training.
Members of the appeal panel shall not have served in the original formal hearing, and shall elect their own chair. Time for Appeal:
All appeals shall be filed by the student/student organization within five (5) college working days from receipt of the written decision.
The Vice President for Student Affairs or his/her designee shall direct the appeal to the appeal panel within five (5) college working days of receipt of the appeal. Procedures for appeals from formal hearing decisions:
All appeals shall be submitted electronically or in writing and filed with the Office of Student Conduct.
The student/student organization who is appealing must include the following in the letter of appeal: a.) The specific grounds of the appeal; b.) Supporting arguments and documentation; and c.) All other relevant information the student/student organization wishes to include for consideration.
The appeal panel may request a personal appearance of the student/student organization charged for the sole purpose of addressing issues raised by the appeal. The student/student organization is not required to appear, and the fact that a student/student organization does not appear upon request will not prejudice the appeal. Grounds for appeals from formal hearing decisions:

An appeal from a decision following a formal hearing and/or the sanctions imposed must be based on at least one (1) of the following:
That the procedures under which the student/student organization was charged are invalid, or if valid, were not followed;
That the student/student organization charged did not have an adequate opportunity to prepare and present a defense to the charge(s);
That the information presented at the hearing was not sufficiently substantial to justify the decision; or
That the sanction imposed was not in keeping with the gravity of the violation. Appeal Results

The Appeal Panel shall recommend whether to: a.) Affirm the charge; b.) Impose greater or lesser sanctions; or c.) Order a new hearing. The Appeal Panel’s decision shall constitute a recommendation to the Vice President for Student Affairs or his/her designee and must be made within five (5) college working days following the Appeal Panel’s receipt of the appeal from the Vice President for Student Affairs or his/her designee. In all cases, except those that recommend suspension or expulsion, the Vice President for Student Affairs or his/her designee shall have the final authority. In cases resulting in suspension, the Vice President for Student Affairs shall have final authority. In cases resulting in expulsion, the Appeal Panel’s decision shall constitute a recommendation to the President, who shall have the final authority. The Vice President for Student Affairs or his/her designee shall send copies of the Appeal Panel recommendation, as well as copies of his/her decision, within five (5) college working days of the receipt of the decision, to the following:
The student/student organization;
The Hearing Officer or Chair of the hearing Panel or Committee; and
The Office of Student Conduct. When the appeal results in a new hearing for the student/student organization charged, a new hearing officer or body not involved in the initial hearing will conduct the new hearing. The charged student/student organization retains the right to appeal a new hearing decision as if it were an original hearing. Sanctions Depending upon the severity of the violation, and whether a repeat or multiple violations are involved, sanction may be imposed by the Hearing Panel or Committee, Office of Student Conduct, the Vice President for Student Affairs or his/her designee, or the President of the University in any order or combination. In addition to the disciplinary, education, community, and health initiative sanctions identified below, and the University’s sole discretion, a student/student organization may be required to perform specific restitution service, to complete counseling or other specialized treatment or support services, and/or be required to participate in an activity or program whose purpose is to redirect behavior. Any violation of the “Code” that is motivated by race, ethnicity, religion, gender, sexual orientation, age, creed, national origin, disability, or veteran status may subject the student/student organization to the imposition of a sanction more severe than would be imposed in the absence of such motivation. A sanction may have an accompanying administrative fee, in which case the student will be notified at the time the sanction is assigned. Payment of an administrative fee will be considered part of the successful completion of the sanction. Failure to comply with any such sanction or requirements will constitute an additional violation of the “Code,” and may result in additional and increased sanctions in accordance with the procedures set forth in this “Code.” The following are sanctions listed in the "Code." Warning. Notice, oral or written, that continued or repeated violations of UNLV policies and/or regulations may be cause for further conduct action. These actions would normally be in the form of censure, loss of privileges, exclusion from activities, probation, suspension, or expulsion. Restrictions, Loss of Privileges, and Exclusion from Activities. Exclusion/restriction from participation in privileges, extracurricular activities, holding office, or represent the University. Removal from a University-living environment, loss of use privileges for designated University facilities, denial of the use of a vehicle on campus, and/or other restrictions consistent with the violation committed. Restitution Payment or Service. The requirement to provide restoration/restitution for a loss due to violation including, but not limited to: defacement, damage, fraud, theft, and/or misappropriation of property. Restitution may be imposed either exclusively or in combination with other sanctions. Restitution may take the form of monetary payment or appropriate services to repair or otherwise compensate for damages. Conduct Probation. The terms of probation will be determined at the time the probation is imposed. Probation may include exclusion from participation in privileges or extracurricular activities. The student/student organization placed on probation shall be notified in writing that the commission of prohibited acts will lead to additional and/or increased conduct sanctions. Deferred Suspension. If a student/student organization is found in any further violation(s) of the “Code” for the duration of a deferred suspension period, a recommendation for conduct suspension takes effect immediately. Additional “Code” sanctions appropriate to the new violation also may be taken. A student/student organization that has been issued a sanction of Deferred Suspension is deemed “not in good standing” involving conduct with the University. Disciplinary Conduct Suspension. This is the temporary separation of the student from the University for a specified period of time and/or until specific conditions, if imposed, have been met. A disciplinary suspended student shall not participate in any University-sponsored activity and shall be barred from all University campuses and properties. The student will not be notified in writing of the suspension. The official transcript of the student shall be marked “Conduct Suspension Effective (date) to (date).” The parent(s) or legal guardian(s) of students under the age of eighteen (18) years shall be notified of the action. After the suspension period has elapsed, the student will be placed on conduct probation for a period of time that is equal to the amount of time that the student was suspended. At the end of the probationary period, the student will be classified as being in “good standing” provided that no further “Code” violation have occurred. Expulsion or Termination. Permanent separation of the student from the University. The expelled student shall not participate in any University-sponsored activity and shall be barred from all NSHE campuses and properties. The official transcript of the student shall be marked “Conduct Expulsion Effective (date).” The parent(s) or legal guardian(s) of a student under the age of eighteen (18) years shall be notified of the action. Parent/Guardian Notification of Drug and Alcohol-Related Violations. UNLV may notify the parent(s) or legal guardian(s) of any student under 21 years of age who is found responsible for violating the Alcohol and/or Controlled Substance policy. Required Educational/Restitution Activities. Mandatory participation in educational activities or programs of community restitution service on campus or in the community, as approved. Administrative Conduct Hold. A status documented in the Registrar’s official file that precludes the student from registering for classes and/or accessing official transcripts until clearance from the Office of Student Conduct or the Vice President for Student Affairs or his/her designee. Proof of Payment/Resolution of UNLV Citations. A student/student organization may need to provide proof that a citation for parking and/or other issues have been resolved. Intake/Assessment/Treatment Referrals. A student may be referred to UNLV Student Counseling and Psychological Services (CAPS) or a community mental health provider to complete an intake and assessment involving alcohol, controlled substances, or other identified issues arising from a violation. In the University’s discretion, proof of participation or completion of treatment may be required. When appropriate, a student may be referred to an off-campus provider for such services at the student’s expense. Reflection Letter of Understanding. A student/student organization will reflect on what has been learned from the experience. The length and structure of such letter will be specifically assigned to the student/student organization by the Office of Student Conduct. Alcohol/Controlled Substance Education Responses. A student/student organization will complete an on-line alcohol and/or controlled substance tutorial, attend an Alcohol Awareness Intervention Workshop, or attend an identified off-campus education/intervention resource. Academic Misconduct. Potential sanctions for academic misconduct include, but are not limited to, the following, either singularly or in any combination:

Academic Sanctions
Resubmitting an assignment
Reduction of points/letter grade for the assignment
Dropping a class
Reduction of points/letter grade for class
Failing grade for assignment
Failing grade for class
Conduct Sanctions
Reflection Letter of Understanding
Skill Remediation
Academic Integrity Seminar
Conduct Warning or Probation
Loss of Privileges
Transcript notation
Suspension or removal from program, school, or college
Suspension for the University
Expulsion
Withdrawal of credit for previously accepted course or requirement
Revocation of a degree or certificate
Referral to the appropriate legal authorities Student/Student Organization Appeal Record:

In considering the appeal, the Appeal Panel will conduct a review of the existing record of the case, which will include, but is not limited to:
The original statement sent to the student/student organization as written notice of the charges;
The written decision of the formal hearing officer or body;
The recording of the formal hearing; and
The letter of appeal. Thank you for taking the time to review the Student Conduct Code! For a look at the full code, please visit: http://studentconduct.unlv.edu/

~The Office of Student Conduct Staff
Full transcript