Nova Southeastern University Student Handbook 49 Upon notification that a violation may have occurred, the dean of students and/or designee, will investigate the circumstances of the case using the following process: The figure on the previous page (Figure 1) illustrates the NSU Student Disciplinary Process for individual students/student organizations (not used for university sexual misconduct cases—please refer to Section D.5): Personal Rights of a Student (or Student Organization) during the Discipline Process a. R ight to abstain from verbal participation—Students/student organizations are not required to share their version of the incident in question, but must understand that their nonparticipation will not preclude a discipline officer from making a decision on charges or responsibility. b. Right to review and provide information and offer witnesses. Students/student organizations are permitted to review the incident report that initiated the conduct process against them, and any other documentation they would otherwise be permitted to inspect or review pursuant to FERPA. Students/student organizations may provide any information, documentation, or evidence to the investigator and/or discipline officer for consideration up to 48 hours after the conclusion of the conference/proceeding. c. R ight to an adviser—For any alleged violation that will impact student enrollment status, students/ student organizations may choose to seek out an adviser. That individual may be present with the students/student organizations during all meetings and/or hearings. An adviser must be either a full-time member of the university staff or faculty, unless 1) the alleged conduct arises under the Title IX/Sexual Misconduct Policy, in which case the Sexual Misconduct Policy procedures will apply, or 2) the student is alleged to have engaged in stalking, domestic violence, dating violence, or sexual assault outside of the Title IX context, in which case the student may select the adviser of the student’s choice, in accordance with the policies described in the remainder of this paragraph. The adviser should be someone who understands the policies and procedures used in the student discipline process. An adviser may not “represent” a student/student organization or speak for the student/student organization at any point. Rather, an adviser may be present to answer questions the involved student/student organization poses directly to the adviser. Regardless of whether a student/student organization chooses to utilize an adviser or not, every effort will be made by the discipline officer adjudicating the process to answer any questions a student/student organization may have before or after any meetings or hearings. d. R ight to an impartial process—Students/student organizations who believe that the judicial officer has a conflict of interest, which prevents them from conducting the student conduct process in an impartial manner, should notify the judicial officer of such allegation, along with any supporting information, in writing, prior to the occurrence of the student judicial conference/proceeding. In such circumstances, an independent administrator will be appointed by the vice president of Student Affairs to review such claims and make a determination if a conflict of interest exists. If the determination is made that a conflict exists, the vice president of Student Affairs will designate a replacement judicial officer to complete the student conduct process. If a determination is made that no conflict exists, the student conduct process will continue with the original judicial officer.
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