54 Nova Southeastern University Student Handbook Parent/Legal Guardian Notification—When university personnel may, at times of extreme concern for a student’s welfare, notify parent(s)/legal guardian(s) of a student younger than 21 years of age—in writing or by phone—when alcohol or drug violations of university policy occur. Appeal Process An appeal of disciplinary action taken must be in writing and addressed to the Office of Student Conduct within five business days of the receipt of the written disposition of the conference. When appealing a judicial decision, the appeal must fall into one of the following categories: • The student/student organization 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. Appeals shall be heard by designated appeal officers. The appellate officer shall not be the same conduct/discipline officer that heard the original case. A written decision will be provided by the vice president of Student Affairs, or designee, within 30 calendar days of receipt of the appeal request. The decision of the vice president of Student Affairs, or designee, will be final. D.4 Administrative Judicial Proceeding An administrative judicial proceeding is a meeting conducted for violation(s) that could result in suspension, dismissal, or expulsion. Administrative Judicial Proceedings Following notification of charges, the accused student/student organization must schedule an administrative judicial proceeding with the designated discipline officer. If a student/student organization does not respond to a request to schedule a proceeding, the university reserves the right to continue its disciplinary procedure, conducting an in absentia judicial proceeding. In addition, holds may be placed on a student’s account that restrict registration for future semester(s). The judicial proceeding is for the purpose of discussing the alleged violation(s) of the Code of Student Conduct and Academic Responsibility. The judicial proceeding will only be open to the accused student, the student’s adviser (should the student choose to have one), the discipline officer, and a recorder. All meetings will be digitally recorded. An individual recorder will be present during the judicial proceeding to ensure this process. The individual has no other role in the judicial proceeding. The recording will be used only for the appellate process. The record will be the property of the university. The dean of students, at their discretion, may hold the proceeding remotely. The accused student/student organization is presumed not responsible unless the student/student organization accepts responsibility, or are determined responsible for the alleged violation(s) based on the preponderance of the evidence. At the beginning of the conversation, the discipline officer will review with the accused student/student organization their rights in the process as outlined before, as well as the alleged code violations.
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