12. Administrative Hearings

Cases are normally heard by administrative hearings. In certain situations, a student may request a Complaint Resolution Board Hearing (See Section 13.1, Complaint Resolution Board Jurisdiction). The University also reserves the right to submit the case to a Complaint Resolution Board either initially or at any point in an administrative hearing if it becomes apparent the case may warrant suspension or expulsion.

An administrative hearing involves the alleged student/organization, the Administrative Hearing Officer, and any other individuals necessary to determine whether or not there has been a violation of University policies. The Administrative Hearing Officer is the NDSU representative assigned to process an alleged conflict with University policies. The student's rights remain the same whether or not the student receives an administrative hearing or a hearing before a Complaint Resolution Board. Advantages of an administrative hearing include a more timely resolution of the conflict and the involvement of fewer individuals.

12.1 Administrative Hearing Sanctions
Sanctions imposed following an administrative hearing may not include suspension or expulsion unless:
1) the student receives written notice that the student's case was serious enough to warrant possible suspension or expulsion, and
the student voluntarily waived the right to a hearing by a Complaint Resolution Board, and
2) if the Administrative Hearing Officer believes that suspension or expulsion is warranted, the Administrative Hearing Officer will make this recommendation to the Vice President for Student Affairs or the Vice President's designee. Upon receipt of approval of the recommended sanction from the Vice President for Student Affairs or the Vice President's designee, the Administrative Hearing Officer will issue the written decision.

12.2 Student Organizations/Greek Life
University administrators who have direct responsibility for Greek Life and Student Organizations will process judicial cases related to fraternities, sororities, and student organizations. Individual organizational boards will address only violations of those organizational standards, not this Code.

12.3 Written Decision
If the student/organization chooses an administrative hearing, the hearing officer will generally render a written decision within 10 working days after the hearing.

HISTORY: July 28, 1993; August 1998; September 1999, August 2000, August 2002, August 2005