For any questions
please send e-mail to:
Policy Manual
|
|
For any questions |
A student/organization is considered to have violated this Code when the student/organization:
(a) admits to the violation; or
(b) the evidence available at the time of the hearing supports a finding of responsibility under this Code.
11.1 Burden of Proof
The burden of proof will rest upon the party attempting to substantiate the conflict with a University regulation.
11.2 Standard of Proof
The standard of proof will be that it is "more likely than not" that the Code of Student Behavior has been violated.
11.3 Written Notice of Charges
The student/organization and the complainant must be given notice in writing of a summary of the charges and evidence to be presented in sufficient time to insure an adequate opportunity to prepare for the hearing. The University will do all it can to ensure that the student and the complainant receive oral or written notification of the hearing forty-eight (48) hours prior to the hearing date. The complainant is usually a University staff member who is presenting the complaint on behalf of the University.
11.4 Conflicts of Interest
No Administrative Hearing Officer or board member who has a conflicting interest in the particular case may sit in judgment during that proceeding. Each party has the right to challenge an Administrative Hearing Officer or board member for good cause in writing to the Dean of Student Life or designee at least forty-eight (48) hours prior to the hearing. If a charged student/organization or a complainant fails to raise a perceived conflict by objecting to that person two working days in advance, any objection is deemed to be waived. An individual may not be disqualified solely on the basis of his or her position in the University community.
11.5 Witnesses and Evidence
The accused student/organization and the complainant shall be given every reasonable opportunity to present their cases, including the presentation of other evidence beyond written and oral testimony by themselves and their witnesses. Witnesses will remain only for the duration of their own testimonies.
If both parties agree, the hearing may be limited to a consideration of written statements. All testimony and other evidence upon which the decision will be based must be introduced into evidence at the proceeding or must have been provided in writing to the Administrative Hearing Officer or the Chair of a Complaint Resolution Board forty-eight (48) hours prior to the hearing for distribution to the board members. The decision must be based solely upon such information presented in the proceeding. Any evidence acquired in violation of the University rules on investigation of student behavior shall not be admissible (see Section 13.4.1, Evidence).
The focus of the complaint resolution proceedings shall be to determine whether the accused student/organization is responsible or not responsible for the alleged Code violations. Formal rules of evidence shall not be applicable, nor shall deviations from prescribed procedures necessarily invalidate a decision or proceeding, unless significant prejudice to a student or the University may result.
11.6 Hearsay evidence is permitted and will be given any weight deemed appropriate by individual decision makers.
11.7 General character witnesses are usually not permitted to appear before the hearing officer/Board, but the accused student/ organization may submit up to three written documents to the hearing officer/Chair of the Board 48 hours prior to the hearing. Each statement must be dated and signed, with the name of the individual signing printed below to ensure legibility. The hearing officer/Chair of the Board may consider them during sanctioning, if the accused student is found responsible for violating this Code.
11.8 Questioning Witnesses
The student/organization and the complainant have the right to address questions through the hearing officer/board to other witnesses at the hearing. If both parties agree, however, the hearing may be limited to a consideration of written statements. A witness may testify in the absence of the accused student/organization with the prior approval of the Administrative Hearing Officer or the Chair of a Complaint Resolution Board.
An absolute right of cross-examination is not granted under this Code. All questions will be addressed to the Administrative Hearing Officer or Complaint Resolution Board Chair. The Administrative Hearing Officer or Complaint Resolution Board Chair will then rephrase relevant and reasonable questions, if necessary, and will retain the right to exclude questions that are redundant or irrelevant to determining responsibility. Persons answering questions will be given reasonable latitude to respond to questions fully.
11.9 Hearing Advisor
The student/organization and the complainant each have the right to have a person present who may act in an advisory capacity. This person cannot address a Complaint Resolution Board or the hearing officer and may not ask questions of witnesses.
11.10 Attorneys
If the student/organization chooses to have an attorney present, the NDSU General Counsel may also be present to observe the proceedings. The complainant, if not a University staff member, may also choose to have an attorney present during his/her presentation. The role of the attorneys shall not be to participate in the hearing other than to advise their own clients. Attorneys who do not respect this provision may be cautioned by the hearing officer/Chair of the Board and if they persist, may be asked to leave.
11.11 Self Incrimination
Accused students and witnesses shall not be compelled to incriminate themselves by being forced to testify that they engaged in behavior constituting a violation of this Code and/or local, state, or federal law. No form of harassment may be used by institutional representatives.
11.12 Closed Hearings
All hearings are normally open only to those persons who are part of the proceedings, unless otherwise arranged by prior mutual written agreement between the charged student/organization and the Dean of Student Life. Witness(es) will remain only for the duration of his/her (their) own testimony. Exceptions may be made by the Dean of Student Life or the Dean's designee.
11.13 Search and Seizure
University policy on the privacy of student rooms stipulates that entry and search of University residences by University officials will be permitted only in one or more of the following instances:
(a) when a student consents to the search;
(b) when the officials responsible fear an imminent danger to health, safety, life, or property;
(c) when a written administrative authorization specifying the reasons for the search, the objects of information sought, and the area to be searched has been given by the Vice President for Student Affairs, Dean of Student Life or the Director of Residence Life, or a person acting in their capacities during their absences from the campus;
(d) when the University officials fear imminent destruction of evidence relevant to a suspected violation of University regulations; when students are suspected of violating the NDUS or NDSU Acceptable Use Policies, student computers, associated peripheral devices, and media storage devices may be taken into temporary custody on the authority of the Information Technology Services Officer, ITSO, to collect and preserve evidence of possible violations of the Acceptable Use Policies, which may also include possible violations of local, state, or federal laws. (See NDSU Policy 158: Acceptable Use of Electronic Communications Devices and State Board of Higher Education (SBHE) Computing Facilities, Policy 1901.2 and Procedures 1901.2 ). If additional questions remain, contact the Information Technology Services Officer, ITSO, for additional guidance.
11.13.1 Searches of University residences, fraternity, or sorority rooms by law enforcement officials will be regarded by University officials as a matter of primary interest to the students and law enforcement officials involved. The University requires that the Dean of Student Life be notified of impending searches. The University will not intervene between students and searches authorized under law by any law enforcement agencies. At the conclusion of those actions and when provided information by law enforcement agencies, the University reserves the right to initiate action under this Code when alleged violations of the Code are believed to have occurred.
11.13.2 The right to inspect student rooms and apartments without notice is reserved by the University for purposes of maintenance, cleaning, fire, and personal safety, and for purpose of administering provisions of the license contract. The University will provide reasonable notice, when possible. Such entry by the University shall not be regarded as a search, but is separately agreed to and authorized by the student through the provisions in the residence license contract.
11.13.3 No form of harassment may be used by institutional representatives to coerce admissions of guilt or information about one’s behavior or that of other suspected persons.
![[policy manual]](http://www.ndsu.nodak.edu/ndsu/gif/backbuttons/back.policy_manual.button.gif){kind=small}
![[search policy]](http://www.ndsu.nodak.edu/ndsu/gif/backbuttons/back.search_policy.button.gif){kind=small}
![[NDSU home page]](http://www.ndsu.nodak.edu/ndsu/gif/backbuttons/ndsu.back.gif){kind=small}
| Section | 11 |