This Student Code of Conduct seeks to establish high standards of conduct for the Student community at Nevada State College (College). 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 College and Nevada System of Higher Education (NSHE) policies, procedures, rules, and regulations.
The College administration views the Student Conduct process as not only a disciplinary process 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’s responsibilities and privileges within the College community. The Student Code, therefore, functions as an aspect of the College’s educational process.
The goals of the student disciplinary system are to:
- promote a campus environment that supports the overall educational mission of the College;
- protect the College community from disruption and harm;
- encourage appropriate standards of individual and group behavior; and
- foster ethical standards and civic virtues.
ARTICLE I: DEFINITIONS
- College: Nevada State College.
- Student: All persons taking courses at Nevada State College, either full-time or part-time. 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 s/he leaves the College prior to resolution of the matter.
- Member of the College Community: Any student, faculty member, College official, or any other person employed by the College. The student conduct officer shall determine a person’s status in a particular situation.
- College Premises: All land, buildings, facilities, and other property owned, leased, used, or controlled by the College, including adjacent streets and sidewalks.
- Student Organization: Any number of persons who have complied with the formal requirements for recognition/registration by the Nevada State Student Alliance (NSSA).
- Complainant: Any person who submits a charge alleging that a student violated the Student Code.
- Charged Student: Any student accused of violating this Student Code.
- NSHE: The Nevada System of Higher Education, a system of universities, colleges, research, and public service units of the University of Nevada.
- Board of Regents: The body legally charged with the control and management of NSHE, primarily by setting policy.
ARTICLE II: AUTHORITY AND JURISDICTION
A. The Nevada State College Student Code of Conduct
This Nevada State College Student Code of Conduct is established pursuant to the President of the College’s authority under NSHE Code 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 Student Conduct Officer. The Student Conduct Officer is responsible for the coordination of all activities of the College Student disciplinary system. The authority for determining procedures for hearings and sanctions for Code violations, however, ultimately rests with the President of the College (or designee).
The College’s disciplinary authority extends to persons identified as Students because of their status as enrolled in the institution on a part-time, full-time, or auditing basis. This scope of authority also extends to persons with a continued intent to pursue an education at the College.
Every Student shall be responsible for their 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 shall apply to a Student’s conduct even if the Student withdraws from school while a disciplinary case is pending. When a Student leaves the College, any unresolved complaints of alleged Student misconduct will be reviewed and addressed upon the Student’s return. If there were circumstances involving a Student graduate of the College who is found to have been involved in action which directly affects the status of the Student’s degree and/or the College community, then the College would invoke its authority to resolve the incident through a review of, and possible action to modify, the Student’s status and record.
The authority of the College to address Student conduct involves all Students while they are present on College Premises owned or leased by the College, in off-campus buildings used by Students through their association with a Student Organization, in off-campus locations approved by the College for Student employment placement, or at another site for an academic or extracurricular College-related experience. This authority extends to off-campus conduct that adversely affects the College community and/or the pursuit of its objectives, and where it adversely affects the health, safety, or security of any Member of the College Community.
When an incident occurs off-campus that is not at a College-sponsored event, it will be the responsibility of the President to determine whether College authority will be asserted. The President will review each incident referred to the Office of the President on a case-by-case basis to allow the College to consider the unique facts of each situation involving Student behavior.
Students may also be subject to rules of other College organizations, academic programs, and facilities that impose additional standards of conduct. Those standards may be enforced without requirement to follow Student Code of Conduct procedures.
B. Conduct 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 Article III:
1. Violation of stated prohibitions, policies, procedures, rules, or regulations of Nevada State College or Nevada System of Higher Education.
2. Violation of any federal, state, or local law.
3. Acts of dishonesty, including but not limited to the following:
a. Cheating, plagiarism, or other forms of academic dishonesty.
b. Furnishing false information to any College official, faculty member, or office.
c. Forgery, alteration, or misuse of any College document, record, or instrument of identification.
4. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public service functions on or off campus, or of other authorized non-College activities when the conduct occurs on College Premises.
5. Conduct that endangers the health or safety of any Member or guest of the College community, including conduct that endangers the Student engaged in the conduct.
6. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct which threatens or endangers the health or safety of any person.
7. Attempted or actual theft of and/or damage to property of the College or property of a Member of the College Community or other personal or public property, on or off campus.
8. False reporting of any emergency situation. Unauthorized tampering with, and/or accessing of, safety, security, or fire protection equipment or devices. Setting off a fire alarm for reasons other than actual fire or emergency. Involvement in setting or causing any unauthorized fire in or on College Premises or property.
9. Hazing, defined as 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. 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.
10. Failure to comply with the valid directions of College officials acting pursuant to their official duties and/or failure to identify oneself to these persons when validly requested to do so.
11. Unauthorized possession, duplication, or use of keys to any College Premises or unauthorized entry to or use of College premises.
12. Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law.
13. Nevada State College is sympathetic to the medical needs of our Students, employees and visitors. A growing number of states, including Nevada, are enacting laws decriminalizing or legalizing the use, possession, delivery, manufacture, growth, distribution, production, and/or cultivation (hereinafter “use”) of medical marijuana. Federal law prohibits the use of medical marijuana on college and university campuses that receive federal funding. Therefore, the use, possession, or cultivation of marijuana, including for medical purposes, on any Nevada State College or Nevada State College Foundation owned or leased property, or at any Nevada State College sponsored or authorized activity, is expressly prohibited.
14. Use, possession, manufacturing, or distribution of alcoholic beverages (except as expressly permitted by College 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.
15. Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on College Premises or use of any such item, even if legally possessed, in a manner that harms, threatens, or causes fear to others.
16. Willful incitement of individuals to commit any acts herein prohibited.
17. Obstruction of the free flow of pedestrian or vehicular traffic on College Premises or at College sponsored or supervised functions.
18. Theft or other abuse of computer facilities and resources, including but not limited to:
a. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose.
b. Unauthorized transfer of a file.
c. Use of another individual’s identification and/or password.
d. Use of computing facilities and resources to interfere with the work of another Student, faculty member, or College official.
e. Use of computing facilities and resources to send obscene or abusive messages.
f. Use of computing facilities and resources to interfere with normal operation of the College computing system.
g. Use of computing facilities and resources in violation of copyright laws.
h. Any violation of College or NSHE computer use policy.
19. Any act of 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.
20. Any act of sexual harassment when 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.
21. Sexual assault, which is the use of, or threat to use, force or violence of a sexual nature against any Member or guest of the College community on College-owned or College-controlled property or at any College-sponsored program or activity.
22. Abuse of the Student Conduct system, including but not limited to:
a. Falsification, distortion, or misrepresentation of information during the course of the conduct resolution process.
b. Contempt of Student disciplinary proceedings, including impairing or interrupting any proceeding.
c. Institution of a Student Conduct code proceeding in bad faith.
d. Attempting to discourage an individual’s proper participating in, or use of, the Student Conduct system.
e. Failure to comply with the sanction(s) imposed under the Student Code.
C. Nevada System of Higher Education – Additional Standards of Conduct
In addition to regulations for student conduct for Nevada State College, all students and student organizations are responsible for following the Rules of Conduct and Procedures for Students of the Nevada System of Higher Education. The prohibited conduct is found in the Nevada System of Higher Education Code, Section 10.2.1.
D. Violation of Federal, State, or Local Law and College Discipline
1. When a Student is charged by federal, state, or local authorities with a violation of the law, the College will not request or agree to special consideration for that individual because of their status as a student. Action by the College may go forward regardless of other possible or pending administrative, civil, or criminal proceedings arising out of the same or other incidents. The person filing the complaint may choose to file charges against the Student in both arenas: internally, through the College Student Conduct system, or externally, through the criminal justice or civil system.
2. The College may advise off-campus authorities of the existence of the Student Code and of the process for resolution of a potential violation of the Student Code. The College 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 on the College Student Conduct case resolution, including sanctions imposed, shall not be subject to change because criminal charges arising out of the same facts prompting the violation of College rules were dismissed, reduced, or resolved in favor or against the Student defendant in court.
ARTICLE III: STUDENT CONDUCT CODE PROCEDURES
A. Resolution of Student Conduct Charges
1. Appointment of Student Conduct Officer
a. The President may appoint a Student Conduct Officer and alternate student conduct officer(s) to serve if the Student Conduct Officer is unable to perform the duties of this section for any reason.
2. Charges of Student Misconduct
a. Any Member of the College Community may file charges against a Student for violations of the Student Code. 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 President as violating federal, state, or local law, the matter will be referred to the appropriate law enforcement agency for their investigation.
a. 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 President, 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 deliver a letter to the Student. The letter shall state the factual allegations, the charges, the Student Conduct Officer’s proposed informal resolution process, if not completed earlier, and a copy of the Student Code.
4. Informal Resolution of the Charges
a. The Charged Student shall participate in and work with the Student Conduct Officer for an informal resolution of the charge. At the conclusion of the successful informal resolution process, a written determination shall be signed by the Student Conduct Officer and Charged Student, which may include any of the disciplinary sanctions described in the Student Code. At any time prior to signing a written determination, the Charged Student can request a formal hearing as the means to resolve the complaint.
5. Failure to Reach Resolution
a. If the Student Conduct Officer and Charged Student do not reach an informal resolution or if the Charged Student requests a hearing, then the Student Conduct Officer shall notify the Charged Student in writing that the matter will be addressed through a hearing before a student conduct board or a hearing officer. A time for the hearing, not more than twenty-five (25) calendar days from the date of the decision to proceed with formal resolution of the complaint, shall be set. Maximum time limits for scheduling of hearings may be extended at the discretion of the Student Conduct Officer. Notice of the hearing may be given by electronic mail or by first-class mail with the U.S. Postal Service with delivery confirmation to the last known address of the Charged Student or by personal delivery. It is the Student’s responsibility to maintain an operational preferred email address and mailing address.
6. Appointment of Hearing Boards or Hearing Officer
a. The President or designee may appoint an individual hearing officer or establish a conduct hearing board.
7. Formal Resolution of the Charges
a. Appointment of Hearing Boards or Hearing Officer
i. The President or designee may establish a student conduct hearing board or appoint an individual hearing officer. A student conduct hearing board will have a chair and shall include at least one Student and at least one faculty member.
b. Hearing Procedures
i. In hearings involving more than one Charged Student, the Student Conduct Officer, at their discretion, may permit the hearing concerning each Charged Student to be conducted either separately or jointly.
ii. The Charged Student has the right to be assisted by an advisor. The advisor serves as a supporter and advisor during the conduct hearing. The Charged Student and the Student Conduct Officer are responsible for presenting their own information, introducing witnesses, and answering questions throughout the hearing. When a Student selects an advisor, in this process the advisor has no right to speak during the hearing except to the Charged Student. The advisor may be an attorney. The Charged Student 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) College working days before the time 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 a hearing to accommodate scheduling conflicts of an advisor.
iii. The Charged Student 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) College working days prior to the hearing.
iv. The Charged Student(s) and advisors, 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 time of deliberations. Admission of any other person to the hearing shall be at the discretion of the hearing officer.
v. Witnesses will be examined by the Student Conduct Officer and the Charged Student. The hearing officer or student conduct board members may ask questions of the witnesses. The burden of proof rests with the Student Conduct Officer.
vi. A student conduct board, hearing officer, or Student Conduct Officer may accommodate concerns for personal safety, well-being, and/or fears of confrontation by the Complainant, the Charged Student, and witnesses, during the hearing or during the informal resolution process by providing the opportunity for the hearing officer or Student Conduct Officer to receive the pertinent information and 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. Such 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 hearing officer in the case of formal hearings and the Student Conduct Officer in the case of an informal resolution process.
vii. Either party may present pertinent written statements, records, or other information to the hearing officer. 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.
viii. 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’s expense. Personally identifiable information pertaining to other Students will be redacted. The record shall be the property of the College, and will be maintained with the Student’s conduct records by the Student Conduct Officer.
ix. Hearings shall be conducted in private, unless the Charged Student requests an open hearing.
x. If a Charged Student, 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 Charged Student is not present. Failure of the Student to appear is not evidence that the student was responsible for the charge of misconduct.
xi. The hearing will proceed according to the College’s schedule and will not be delayed by another proceedings off campus.
xii. The hearing officer presides over the hearing, including swearing in witnesses, maintaining order, and deciding matters of admission of evidence.
xiii. The student conduct board or the hearing officer deliberates in closed session after the hearing has concluded, and shall determine whether the Charged Student has violated the section(s) of the Student Code alleged.
xiv. The hearing officer’s or the student conduct board’s determination shall be made on the basis of whether it is more likely than not that the Charged Student violated the rules of conduct alleged.
xv. If the Charged Student is found not to have violated the Student Code, then the hearing is concluded. If the Charged Student is found to have violated the Student Code, then the student conduct board or hearing officer will discuss possible sanctions for the Student after being informed of the Student’s disciplinary record with the institution.
xvi. The hearing officer or student conduct board will provide the decisions on the violation and, if appropriate, for sanctions to the Student Conduct Officer and to the Student. This written decision will be served within seven (7) calendar days of the conclusion of the hearing. The written decision may be served by electronic mail or by first-class mail with 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 of the letter with the U.S. Postal Service.
8. Additional Procedures Available when Sexual Harassment or Sexual Assault Is Alleged
a. An alleged victim of sexual harassment or sexual assault shall have the opportunity to select an independent advisor for assistance, support, and advice. The Complainant shall be advised by the Student Conduct Officer at the beginning of the complaint process that they may select an independent advisor and it shall become the choice of the alleged victim to utilize or not utilize the independent advisor. The independent advisor may be brought into the process at any time at the request of the alleged victim.
b. The Complainant may choose to not permit the matter to be resolved by the informal resolution process or may terminate the informal resolution process at any time prior to a written determination being signed. If sexual assault is alleged, the informal resolution process may not be used.
c. The Complainant must agree to the charge being heard by a hearing officer or hearing board.
d. The Complainant must be given the opportunity to participate in any pre-hearing procedures.
e. In a hearing involving more than one Charged Student, the hearing officer or hearing board may require a Charged Student to be absent from any testimony that is not relevant to that Charged Student.
f. The Complainant must receive a list of all witnesses at the same time it is received by the Student Conduct Officer and Charged Student.
g. The Complainant must be permitted an advisor during the hearing who shall have the same duties as the advisor for the Charged Student.
h. The Student Conduct Officer shall work closely with the Complainant in developing a list of witnesses and other evidence to be offered at the hearing.
i. The Complainant shall be served a copy of the decision of the hearing officer or hearing board, if the discipline directly relates to the Complainant.
j. If the Complainant is aggrieved by the decision of the hearing officer or hearing board, the Complainant may request the Student Conduct Officer to appeal the decision to the President in the same manner as the Charged Student.
k. In a complaint alleging sexual violence or non-forcible sex offense, the complete decision of the hearing officer and the decision on appeal shall be given to the Complainant and may be released to anyone upon request.
1. A Charged Student who is aggrieved by the decision of a hearing officer or student conduct board may appeal it to the President or designee. The appeal shall be in writing and delivered to the Student Conduct Officer within fourteen (14) calendar days of the Student’s receipt of the decision. The Student’s appeal must include all written arguments in support of the appeal.
2. Grounds for an appeal are:
a. Deviations from procedures set forth which result in significant prejudice.
b. The evidence presented at the hearing was not substantial enough to justify the decision.
c. The Student/organization charged was not afforded an adequate opportunity to prepare and present a defense.
d. The sanction imposed was not appropriate for the violation established.
e. New information, sufficient to alter a decision, and which could not have been discovered with due diligence before the hearing.
3. 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 President or designee within fourteen (14) calendar days of receiving the appeal. With the record, the Student Conduct Officer shall file written arguments in opposition to the appeal.
4. The President (or designee) shall review the recording of the hearing and the complaint, and the decision, along with any information and evidence that was part of the decision-making of the conduct case, and may uphold or modify the decision, refer the case back to the original hearing officer, or order a new hearing before a new hearing officer.
5. The decision of the President (or designee) shall be in writing and served upon the Student and Student Conduct Officer within thirty (30) calendar days of the receipt of the appeal. The President (or designee) may extend the time limit of this section by written notice to the parties.
6. Any sanction against the Student shall not take effect until any appeal is concluded.
7. The Student Conduct Officer may suspend any time limits contained in this chapter during winter or summer breaks.
Disciplinary sanctions are those actions imposed through informal resolution by the Student Conduct Officer or through a formal hearing. The Student Conduct Officer shall be responsible for monitoring the Student’s compliance with the sanctions imposed. Disciplinary sanctions, including institutional expulsion or withholding of a degree, shall become part of the Student’s permanent academic record.
1. The following sanctions may be imposed upon any Student found to have violated the Student Code:
a. Warning. A notice in writing to the Student that the Student is violating or has violated the Student Code.
b. Restitution. Compensation for loss, damage, theft, or misappropriation of property, or injuries sustained in an incident of Student misconduct. This may take the form of appropriate service and/or monetary or material replacement.
c. Probation. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the Student is found to violate any College policies, rules, procedures, or regulations during the probationary period.
d. Loss of Privileges. Denial of specified privileges for a designated period of time, including, but limited to, eligibility for Student employment; participation in Student Organizations and clubs, participation as a Student ambassador; etc.
e. Discretionary and Educational Sanctions. Participation in specific educational programs, such as: alcohol and/or other drug educational intervention programs, assessments, educational activities (e.g. on-line instructional workshops), work assignments, service to the College or the surrounding community, or other related discretionary assignments.
f. College Suspension. Exclusion for a definite period of time from attending classes and from participating in other activities of the System, as set forth in a written notice to the Student. The official transcript of the Student shall be marked “DISCIPLINARY SUSPENSION EFFECTIVE ____TO ___.” The parents or legal guardians of minor Students shall be notified of the action.
i. Removal of Suspension from Transcript. A Student who is enrolled in 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 semester may request that the notation of the disciplinary suspension be removed from the official transcript when two (2) years have elapsed since the expiration of the Student’s suspension. Such request must be submitted in writing to the President (or designee) in accordance with Nevada System of Higher Education Code, Section 10.4.9(j). If the request is not granted, the Student at yearly intervals thereafter may submit a request for removal of the notation.
g. Deferred College Suspension. Deferred suspension of the Student from the College until the close of the current semester or some other time frame for review of Student progress in addressing the conduct concern. If further conduct violations occur during the period of suspension, a recommended suspension takes effect immediately.
h. Medical Leave of Absence. A withdrawal from the College for medical, psychological, or other treatment needs, in which the Student agrees to provide documentation of successful resolution of the medical concern and/or treatment program prior to re-enrolling in the College.
i. College Expulsion. Termination of Student registration and status for an indefinite period of time. Permission of the President shall be required for readmission. The official transcript of the Student shall be marked “DISCIPLINARY EXPULSION EFFECTIVE ____.” The parents or legal guardians of minor Students shall be notified of the action.
i. Removal of Expulsion from Transcript. A Student who is enrolled in 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 semester 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. Such request must be submitted in writing to the President (or designee) in accordance with Nevada System of Higher Education Code, Section 10.4.9(l). If the request is not granted, the Student at yearly intervals thereafter may submit a request for removal of the notation.
j. Revocation of Admissions and/or Degree. Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violations of College standards in obtaining the degree, or for other serious academic violations committed by a Student prior to graduation.
2. More than one of the sanctions listed above may be imposed for any single violation.
3. Other than College expulsion, revocation, or withholding of a degree, disciplinary sanctions shall not be made part of the Student’s permanent academic record, but shall become part of the Student’s disciplinary record maintained by the appointed Student Conduct Officer. Upon graduation, the Student’s disciplinary record may be expunged of disciplinary actions other than suspension, expulsion, revocation, or withholding of a degree, upon application to the Student Conduct Officer and approval by the President.
4. Students found responsible for an academic dishonesty violation may be subject to additional academic sanctions as stated within the Academic Integrity Policy; and Student Organizations may be subject to sanctions as stated in the section on Student Organizations that follows.
D. Emergency Removal
The President (or designee) may order the immediate removal of a Student from the campus so as to:
- Ensure the safety and well-being of Members of the College community;
- Protect College property;
- Ensure the Student’s own physical or emotional safety and well-being;
- Prevent an ongoing threat of disruption of, or interference with, the normal operations of the College; or
- Protect any Student from sexual harassment or retaliation for the report of sexual harassment.
This removal shall be accompanied by denial to the Student of access to the campus, including classes and/or to all other College activities or privileges for which the Student might otherwise be eligible, as the President deems to be appropriate. During the time of the removal from campus, the Student may not come onto College property for any reason other than meeting with appropriate College 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 to a hearing no later than fourteen (14) calendar days following the removal. Such hearing shall be limited to whether the emergency removal should continue pending the outcome of a disciplinary hearing. A hearing officer shall hold the hearing under the hearing procedures of the Student Code. The President’s (or designee’s) decision upon the hearing officer’s recommendation shall be final.
The 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.
In circumstances where the Student is removed for the Student’s own emotional and personal safety, a resolution on the decision regarding the Student’s removal from campus will be addressed within an informal meeting with the Student Conduct Officer, with the goal of the meeting being a plan for most effectively meeting the Student’s personal and scholarly needs as a continuing Student.
E. Student Organizations
Student Organizations are expected at all times to conduct themselves in accordance with the Student Code. A Student Organization believed to be involved in any of the activities identified in these regulations or policies as misconduct may be reported to the Student Conduct Officer for an investigation of the activity in question.
1. Procedure for Student Organizations. The procedure for addressing a charge filed through the Student Conduct Officer against a Student Organization is as follows:
a. A written complaint is made with the Student Conduct Officer.
b. The Student Conduct Officer investigates the complaint.
c. The Student Conduct Officer will determine whether the evidence supports the allegation of misconduct, and if so, may proceed with informal resolution, including the imposition of any of the sanctions listed below.
d. The Student Organization may accept the decision or may request a hearing.
e. A hearing officer will meet with the appropriate parties to make findings of fact and determine appropriate sanctions.
2. Sanctions for Student Organizations include all those stated under “Sanctions,” in addition to:
a. Probation from participating in Student Organization(s) for up to one (1) academic year.
b. Prohibition from recruiting and/or accepting new members.
c. Prohibition from participating in College events and co-curricular activities.
d. Restitution. The requirement 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.
e. Denial or use of College facilities.
f. Loss of recognition.
F. Interpretation and Revision
Any question of interpretation or application of the Student Code shall be referred to the College’s General Counsel.
The Student Code shall be reviewed periodically under the direction of the Office of the President.
This Student Code of Conduct follows the format, design, and wording of much of the “Model Student Conduct Code”, as devised, published, and provided to college and university student conduct officers in the United States by Edward N. Stoner II and John Wesley Lowery. This model code is officially titled: “Navigating Past the ‘Spirit of Insubordination’.” The version of the Model Student Conduct Code used for the Nevada State College Student Code of Conduct appears in the Journal of College and University Law, Volume 31(1): 2004, as published by the National Association of College and University Attorneys and the Notre Dame Law School. This document is available for review in the Office of the President, Nevada State College, at (702) 992-2059.