Hearing Process Overview
The complaint resolution process has six components: the incident, a notice of charges, the pre-hearing conference, the hearing, a decision notice, and the appeal.
The following information will provide an overview of the process, but information regarding the process in its entirety is available in the Code.
The process begins when an incident occurs and a report is generated regarding an alleged violation of the Code. Reports are typically generated by and received from University officials and/or local law enforcement agencies. Reports are received for both on and off campus incidents.
2. Notice of Charges
Reports are received and reviewed by the Student Life Office. A Notice of Charges letter is sent to the student's NDSU E-mail account outlining the alleged violations of University policy and to request an appointment. Additionally, a Dean of Student Life Hold may be placed on the student's account until the matter is resolved.
3. Pre-hearing Conference
During the pre-hearing conference, the hearing officer will review the student's rights, answer questions regarding the hearing process, provide the student with an opportunity to read the incident report(s), and to offer an Administrative or Complaint Resolution Board Hearing, as appropriate.
Cases are normally heard through administrative hearings. An administrative hearing typically involves only the alleged student (alleged to have violated University policy) and a hearing officer. In an administrative hearing, the student and hearing officer meet to discuss information about the student and the incident.
Students involved in incidents that may warrant suspension or expulsion will be offered a complaint resolution board hearing. The board is comprised of a chair and at least three board members from a trained pool of students, faculty, and staff.
5. Decision Notice
After a student's hearing, a decision letter will be sent to the student's NDSU E-mail account and/or local mailing address by the hearing officer or board chair. The decision letter will indicate if the student has been found responsible for the alleged violations of University policy. If the student is found responsible, the letter will also notify the student of any sanctions and/or conditions.
If a student is found responsible for violating University policy, the student may make one appeal of the decision. Appeals must be based on one or more of the following reasons:
a) The sanction was too severe for the offense,
b) The decision for nonaction/action/sanction was made in an arbitrary or capricious manner,
c) The finding of the code having been violated was not substantiated by evidence, and/or
d) The student's rights were violated (specify those rights believed to have been violated).