SA 4 Animals on Campus Policy

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’s 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; “other species of animals, whether wild or domestic, trained or untrained, are not service animals…”

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 Nevada 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.

Nevada 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’s 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’s 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. 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 Nevada 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. 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’s control;
      • Whether our facilities can safely accommodate the miniature horse’s type, size, and weight; and
      • Whether the miniature horse’s presence will compromise legitimate safety requirements necessary for safe operation of NSC facilities.

According to Nevada statute (NRS 426.805), it is “unlawful for a person to fraudulently misrepresent an animal as a Service Animal or Service Animal in Training.”

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’s disability prevents the use of such devices. In that case, the Partner must maintain control through voice, signal, or other commands.

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

      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 café, 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’s 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’s 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 Nevada State College facilities, grounds, or sponsored events for any of the following circumstances:

A. The Partner is unable to control the animal’s 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
Sharneé Walker, Director
Phone: 702-992-2180
Email: drc@nsc.edu

RELATED INFORMATION

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.

SA 3 Student Concern, Assessment, Referral, and Education (CARE) Team Policy

POLICY STATEMENT

The NSC Student Concern, Assessment, Referral, and Education (CARE) Team promotes 1) the health and safety of the campus community and 2) coordination of information and development of support plans for students of concern. The Student CARE Team attempts to identify student problems, including psychosocial and behavioral issues that may interfere with adequate and successful functioning or that, if unaddressed, may lead to a dangerous outcome for the student or campus community. The Student CARE Team functions under delegated authority from the Office of the Provost; the Provost is the appointing authority for the Team.

This policy replaces the previous Student of Concern Committee Policy. It updates the name of the team and policy; deletes detailed information on medical leaves of absence, which are addressed in a separate policy; removes outdated information about digital storage of reports; and adds a statement about records retention.

DEFINITIONS

Case Manager: An NSC employee who works closely with the Dean of Students to connect students to campus and community resources.

Medical Leave of Absence (MLOA): A temporary interruption in a student’s education as a result of significant pysical or mental health issues that interfere with the student’s academics.

Student Concern, Assessment, Referral, and Education (CARE) Team: A committee of faculty and staff that promotes the health and safety of the campus community and coordinates information and the development of support plans for students of concern.

Student Conduct Officer: NSC employee who oversees student conduct investigations and hearings.

Threat Assessment: A model and protocol outlined by Deisinger, Randazzo, O’Neill, and Savage (2008) for identifying the potential for targeted violence, or “violence that is premeditated and aimed at specific target(s) selected prior to the incident” (p. 14-15), and developing and implementing a safety management plan.

PROCEDURES

I. Student CARE Team Purview and Responsibilities

A. Purview: The Student CARE Team addresses situations where students exhibit or report behaviors that raise concern about the safety and well-being of the student, other individuals, or the campus community at large. This may include, but is not limited to:

  1. Threats or acts of harm to self and/or others;
  2. Behaviors that interfere with campus safety;
  3. Inappropriate behaviors that are disruptive or abusive in nature;
  4. Behaviors that indicate a student is distressed.

B. Out of Scope: Some situations are beyond the scope of the Student CARE Team. Such situations include, but are not limited to:

  1. Crisis intervention: If a crisis or emergency arises (e.g., causing or threatening immediate harm to self or others; interfering with lawful activities of other members of the campus community; interfering with the health, safety, or well-being of members of the NSC community; experiencing a health emergency; engaging in illegal activity), NSC staff should contact campus police or 911, as appropriate.
  2. Academic difficulties: For assistance with issues such as effective study skills, time management, and tutoring, faculty and staff may refer students to the Academic Advising Center, the Academic Success Center (ASC), the Writing Center, and other campus resources as appropriate. However, a Student CARE Team referral is appropriate if a student is struggling academically due to outside stressors (for example, financial difficulties or dealing with grief or divorce) that may require support services.
  3. Student conduct issues: The Student CARE Team is not designed to be punitive or to engage in disciplinary actions. Behaviors that are strictly violations of the NSC Student Code of Conduct should be referred to the Student Conduct Officer. A Student CARE Team referral may be appropriate if the conduct violation is related to, or in conjunction with, issues that may benefit from support services (e.g., counseling to address appropriate management of emotions). If the Student CARE Team receives a referral that appears to be more appropriately handled as a student conduct issue, the referral will be forwarded to the Student Conduct Officer. The Student CARE Team may serve in a consultant role to assist the Student Conduct Officer in determining if formal sanctions and/or a formal hearing are appropriate.

C. Responsibilities: The responsibilities of the Student CARE Team include the following:

  1. Gather information: Receive, review, and document information about campus community concerns regarding student behavior.
  2. Assess information: Evaluate each case systematically to determine the most effective response.
  3. Define a response plan: Make recommendations on appropriate actions, consistent with NSC policies and procedures, to address the needs of the student and the safety of the NSC community.
  4. Implement the response: Serve as the coordinating hub of a network of existing campus and community resources focused on prevention of and early intervention in situations involving students experiencing distress or engaging in harmful or disruptive behaviors. The actual response may be carried out by other individuals or departments. The response implementation should de-escalate a potential crisis, reduce or remove threats, and attend to the needs of the student demonstrating distress and/or disturbing behaviors.
  5. Provide updates: Inform NSC employees who submit a referral of actions taken and outcome of the case, to the degree possible while protecting the privacy and confidentiality of the student. In cases of threat assessment, timely updates about any safety issues and the outcomes of threat assessments are a priority.
  6. Monitor cases: Evaluate whether additional follow-up is needed, whether the response was effective, and what lessons may be learned.
  7. Review resolved crisis or emergency cases: Determine a plan for return (in coordination with the Student Conduct Officer, if applicable) and necessary follow-up support services and referrals.

II. Student CARE Team Composition and Meetings

A. Membership: The Student CARE Team is made up of the following members:

  • Dean of Students, who serves as Chair;
  • Representative from the Provost’s Office;
  • Representative from the Academic Advising Center;
  • Director of the Disabilities Resource Center (DRC);
  • Case Manager;
  • Faculty representatives (one from each of the three Schools);
  • Representative from the Office of Financial Aid.

Other members (e.g., legal counsel, campus police) may be added on an ad hoc, case-by-case basis as needed.

The Student CARE Team will work to reach a fully-informed consensus when making decisions and recommendations or formulating response plans. Team decisions reflect the exercise of discretion and judgment based on the collective expertise, knowledge, and experience of the members, the relevant facts of the situation under consideration, and the behavior of the student.

B. Meetings: During the fall and spring semesters, the Student CARE Team will meet up to once per week, and no less than twice per month, to discuss new and existing cases and other issues relevant to Student CARE Team operations and best practices. The Case Manager will reserve a standing weekly meeting time at the beginning of each academic year to be used for Student CARE Team meetings as needed. During the summer and winter terms, the Student CARE Team will meet as needed to discuss new reports and existing case activity.

III. Referral Process

Any NSC faculty and staff member, including part-time and student employees, may submit a referral to the Student CARE Team. The Student CARE Team referral form is available on the NSC portal. Only members of the Student CARE Team have access to the initial report. Information may be shared with other employees on an as-needed basis according to the Student CARE Team’s evaluation of the situation and the results of the threat assessment.

Faculty and staff may submit additional reports if new concerns arise or new information becomes available. A single incident may be insufficient to take action; however, a pattern of incidents may justify an institutional response from the Student CARE Team and/or Student Conduct Officer.

IV. Student CARE Team Procedures

A. Response time: The Student CARE Team chair or Case Manager will notify the referring faculty or staff member within twenty-four (24) hours that a report has been received. The Student CARE Team will discuss the report at the next scheduled meeting; the chair or Case Manager may consult with Student CARE Team members before the next meeting if the case necessitates an immediate response. The Student CARE Team will determine if the student should be referred to the Student Conduct Officer.

B. Threat Assessment: The Student CARE Team conducts a formal Threat Assessment on all referrals, using a model and protocol that meet standards for best practices in threat assessment. If the Threat Assessment indicates significant concern regarding a potential threat, the Student CARE Team will coordinate with the Student Conduct Officer, senior leadership, Facilities, campus police, local law enforcement (if applicable), and other relevant staff and units as needed to conduct a full assessment. Based on the results of the full assessment, the Student CARE Team will develop and implement a safety management plan or a referral and assistance plan. This may include a recommendation to senior leadership to mandate psychological testing. The Student CARE Team will monitor the effectiveness of the plan and make referrals or take additional follow-up actions as needed.

C. Developing a response plan: For students who do not pose a significant concern regarding threat, the Student CARE Team will determine steps for a response plan, which may include any of the following:

    • Monitoring the situation;
    • Speaking with the student;
    • Gathering additional information from members of the NSC community;
    • Compiling additional documentation;
    • Reviewing evidence sources;
    • Working with other departments or units to develop a plan of action (e.g., counseling, disciplinary action, psychological assessment);
    • Recommending student request a voluntary Medical Leave of Absence (MLOA);
    • Evaluating responses to interventions and refining the plan of action as needed.

While the Student CARE Team makes a good-faith effort to monitor action plans, it is the responsibility of the student to follow the plan and comply with its terms and conditions. The Student CARE Team is not a substitute for a student’s personal healthcare provider; nor is the Student CARE Team a treatment provider.

D. Tracking: The Student CARE Team follows each case until the Team determines that either:

    1. The problem has been resolved to a great extent;
    2. The student is connected to the full array of resources that are needed;
    3. The problem is being actively address in other areas;
    4. The student does not pose a threat to self or others and is not receptive to further Student CARE Team intervention.

V. Record Retention

Regarding Student CARE Team files, NSC will follow a “FY + 3 years” retention period set forth in the NSHE Procedures and Guidelines Manual, Chapter 16; a copy of the report and follow-up documentation will be kept for three (3) years past the student’s graduation or last term of attendance.

FORMS/INSTRUCTIONS

Student CARE Team Report Form (available in portal)

RELATED INFORMATION

HISTORY

Student of Concern Policy, approved October 2014

APPROVALS

Approved by Faculty Senate Chair Dr. Abby Peters, October 7, 2018.
Approved by Provost Dr. Vickie Shields, October 8, 2018.
Approved by President Bart Patterson, October 16, 2018.

SA 2.1 Student Complaint Policy

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 Nevada) 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’s academic record.

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

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

    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 Nevada 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 Nevada State College.

E. Failure to meet NSHE requirements for distance education courses: Nevada 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. 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 Nevada;
    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 Nevada 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 Nevada State College’s 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 Nevada 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-Nevada residents living in states that do participate in SARA may be administratively dropped if Nevada 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’s Office.

E. Registration complaints and appeals, which should be directed to the Registrar’s 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 NSHE Code Title 4, Chapter 8, Section 13.

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’s 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’s 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’s 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’s 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 “Director”) 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’s 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’s decision; appeals must be filed within ten (10) Working Days of receiving the Director’s 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 Nevada 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 “FY + 3 years” 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

CONTACTS

Stefanie Coleman, Dean of Students
Phone: 702-992-2511
Email: Stefanie.Coleman@nsc.edu

RELATED INFORMATION

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.