ADMINISTRATION OF CONDUCT PROCEDURES

The student conduct process is regarded as an essential and constructive element of the educational process. Emphasis is placed on students’ acceptance of personal responsibility to uphold and safeguard community standards. Sanctions are intended to challenge students’ to help bring behavior into accord with community expectations, responsible citizenship, and personal success.

OVERVIEW OF PROCESS

Step-by-Step Guide | At Nicholls State University the Dean of Students serves as the Conduct Officer.  If students are alleged to be responsible for violating the Student Policy and Procedure Manual, they are guaranteed due process. This section outlines these procedural rights under the Dean of Students Office. The following procedural guidelines apply when a case is heard by the Dean of Students or designee. It is the student’s responsibility to be aware of their rights contained within these guidelines. Should a student depart before an investigation and/or adjudication of an alleged infraction is completed, the judicial process may proceed in their absence. 

Filing a Complaint

Filing a Complaint of misconduct against a student may be filed online by any University community member. Always call University Police at (985) 448-4746 or 911 in case of an emergency. Complaints shall be prepared in writing and directed to the Dean of Students. 

1. Written complaints should include the following: 

1. 1. Full name, local address, phone numbers, and, if possible, “N” numbers of the complainant, accused, and witnesses. 
   2. The specific conduct standard policy, and/or rule you believe was allegedly violated (if known)
   3. The date, time, location, and persons involved in the incident under investigation; 
   4. A narrative of the incident describing what occurred; 
   5. Copies of pertinent witness statements, police and/or housing reports, and/or 
   6. Any other physical evidence (photographs, written documents, items, etc.) 

Complaints should be submitted immediately after the incident, preferably within ten (10) business days as time is of the essence. Unless there are special circumstances like sexual misconduct or acts of violence, complaints should be filed within 30  business days as time is of the essence.

The complainant (person filing charges) bears the burden of proof. Individuals considering filing complaints are encouraged to arrange a meeting with the Dean of Students (or designee) before filing complaints to discuss filing and hearing procedures. 

Upon receipt of the filed complaint, a staff member of the appropriate office shall notify the accused student by email, regular mail, or hand delivery that proceedings have been initiated. 

The letter will notify you that you will be contacted to set a meeting time and date with the Dean of Students, or directs the student to schedule a discipline conference within a specified time. The letter also lists the initial alleged violation(s) the student is charged with. Additional charges may be issued if new information and/or evidence is discovered during the investigation. A new notice of charge will be sent to the accused student. 

Some correspondence the Dean of Students receives, even if it concerns an alleged Student Code of Conduct violation, may not be a complaint. Upon receipt, the Dean of Students/Conduct Officer will determine whether the correspondence is a complaint. 

The following are not complaints (this is a noninclusive list):  

• Oral allegations that are not provided in writing.
• Anonymous complaints may not be sufficient to proceed in this process. 
• Courtesy copies of correspondence or a complaint filed with or otherwise submitted to another person or entity.

2. Procedure for Preliminary Hearing of General Student Complaints

1. Students are encouraged to seek informal resolution of complaints with the individual or department with whom the issue is associated. If the result is unsatisfactory to the student or directly approaching the individual or department is inappropriate or unsafe, students may file a formal written complaint by completing the Non-Academic Misconduct Violation Reporting Form.
2. Complaints received through email or direct message on social media will receive a reply with the link to the reporting form and a directive to complete that form.  Although anonymous complaints will be accepted, this may affect the outcome and resolution or delay the process.

3. Preliminary hearing is Scheduled | Once a student has received a notification to schedule their conduct meeting, it is their responsibility to contact the appropriate staff member to schedule the preliminary hearing within 72 hours after email notification has been sent from the Dean of Students or designee’s office. In some cases, the case will be scheduled in advance. Should a student choose not to schedule or attend a conduct meeting, the meeting may proceed, and conclusions may be reached in their absence. Findings will be based on the information made available to the staff member at the time of the conduct meeting. Although students are expected to comply with all conduct procedures, failure to respond or appear as provided in these regulations will not be construed as an admission of guilt. In cases where more than one student is alleged to be responsible for a violation of these regulations, the staff member may determine that a single consolidated conduct meeting be conducted to review and determine the matter(s) pertaining to those students. Students may request to have their cases heard individually. 

4. Preliminary Hearing | During a conduct meeting, student(s) will have the opportunity to review the evidence alleging their involvement in a policy violation(s). Students will have an opportunity to respond to the allegations(s) contained in a complaint filed by presenting information relevant to their case as provided in these regulations. Documentary evidence and oral statements relevant to the case will be considered by the Dean of Students only when the person(s) providing that the evidence or statements can be made available for examination at a conduct meeting unless the Dean of Students determines that it is unreasonable or impossible to enforce this requirement. At the conclusion of the meeting, responsibility will be determined by a preponderance of evidence, meaning that the majority of evidence indicates that the resident is responsible for the incident or behavior.

5. Decision is Made and an Outcome Letter is Provided | Students will be notified in writing of the final decision of the Dean of Students after the judicial meeting is completed. Under most circumstances, the Dean of Students or designee will make a determination at the end of the meeting regarding responsibility of the alleged sanctionable misconduct, but should more time to deliberate be needed, a decision must be made five regular university operational days. The decision of the Dean of Students shall constitute the written record of the meeting and shall be kept on file with the Dean of Students Office. All conduct proceedings under these regulations are subject to all applicable laws and regulations governing the privacy and disclosure of student records. The Dean of Students or designee shall make the final determination(s) in all disciplinary actions taken under these procedures. 

6. Student May Choose to Appeal in Writing/Email | The decision of the Dean of Students or designee may be appealed, in writing, within five (5) university operating days of the date the decision letter is rendered. If the Chair of the Committee determines the appeal meets the below criteria, the appeal will be heard by the universities’ Student Conduct and Accountability Committee. Appeals must be submitted in writing to the Chair of the Student Conduct and Accountability Committee.

Written appeals must cite specific reasons for a reconsideration of the decision. The right to appeal the decision is limited and may be based only on:

1. the grounds that procedural error(s) occurred at the judicial meeting that unfairly affected the outcome of a case.
2. compelling new evidence, relevant to the outcome of a case, was discovered and was demonstrably not available at the time of the judicial meeting. New evidence may be submitted after the seven-day appeal limit; however, sanctions do take effect after the seven-day timeline.  Thus, appeals may or may not affect sanctions.
3. specific conditions that provide good cause for reconsidering a case. This can include unduly harsh sanctions or demonstrated bias against a resident during the conduct process.

7. Sanctions | Normally, sanction(s) will be imposed against a student before the conclusion of the conduct meeting process as provided in these procedures. 

1. Interim Actions | The Dean of Students or their designee may determine that sufficient cause exists to impose interim actions on a student pending disciplinary committee proceedings. These interim measures are necessary to ensure the physical safety of members of the campus community during a timely investigation and adjudication of a student disciplinary issue. Such measures may include, but are not limited to, adjusting student housing arrangements, imposing conditions of mutual no-contact between the student respondent and the complainant, temporarily suspending a student, or banning a student from campus. The implementation of these reasonable interim measures shall require the following:
   1. Within seventy-two hours of the alleged violation being deemed an immediate threat, written notice of the interim measure that explains the institution’s reasons for enacting the measures.
   2. Within seven business days of the written notice as outlined in the above paragraph, unless otherwise waived by the student respondent, an interim measure hearing to determine whether there is substantial evidence that the student pose a risk to the physical safety of a member of the campus community and that the interim measure is appropriate to mitigate that risk. At the hearing, both the respondent and the alleged complainant shall have the right to be represented, at the student’s expense, by an attorney or a non-attorney advocate who may fully participate during the hearing. A student respondent’s waiver of the right to an interim measure hearing shall not constitute an admission of guilt or a waiver of any additional rights provided for in this section.
2. Discipline/Punitive Fines | In violations where a fine is imposed, future violations for similar offenses are progressive.  Below is a potential example of a progressive fine.
   1. First Violation:
      1. Fine – $25.00 and a written warning
   2. Second Violation:
      1. Fine – $50.00, educational sanction and discipline probation
   3. Third Violation:
      1. Fine – $75.00 – $100.00 and potential suspension (depending on severity of violation)