Nova Southeastern University Student Handbook 175 If the investigation reveals evidence or allegations of violations of other university policies or other misconduct by the respondent or other parties, the investigator will present, typically in a separate report, such evidence or allegations to the dean of students to pursue as deemed appropriate. 2. Determination of Violation of the University’s Discrimination Policy by the dean of students. If the dean of students determines that there was a violation of NSU policy, the dean of students will inform the respondent of such determination along with the findings upon which the determination is based. The respondent will be given the opportunity to respond to the determination, in writing. Any response must be received by the dean of students within five business days of the determination. T he dean of students will consider any such response, and may modify their determination if appropriate. If it is determined that a violation of NSU policy has occurred, appropriate disciplinary action will be taken in accordance with published policies. h. Notification of Outcome by the Dean of Students After a final determination is made, the dean of students will contemporaneously provide written notification to the complainant and respondent informing them that the investigation is complete and whether a violation of university policy was determined to have occurred. 1. Notification to Complainant I f a violation of university policy was determined to have occurred, the notification will include assurances that appropriate corrective action will be taken and advise the complainant to immediately report any conduct that the complainant believes was/is retaliatory. 2. Notification to Respondent If a violation of university policy was determined to have occurred, the notification will detail the disciplinary action to be taken and advise that retaliation will not be tolerated, and any such behavior could potentially subject anyone engaged in retaliation to additional disciplinary action. The notification will also detail the policies and procedures associated with appealing the decision. i. Appeals Under certain circumstances and depending on their status as a student, employee or faculty member, parties may have the right to an appeal within the university. An appeal of disciplinary action taken against a student by the dean of students must be made, in writing, to the vice president of Student Affairs within five business days of the receipt of the written notification of outcome. In appealing a disciplinary decision, the appeal must fall into one of the following categories: • The student has new, relevant evidence that was not available during the investigation or adjudication that would substantially alter the outcome of the case. • Information that the applicable university procedures were not followed and the deviance would substantially alter the outcome. • The sanction(s) do not relate appropriately to the violation(s).
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