Nova Southeastern University Student Handbook 61 indicate any facts or allegations in dispute, and present conclusions (if any) about such facts, including the basis for such conclusions (e.g., whether an allegation was corroborated by witnesses, or whether the investigator found one version of events more credible than another). The investigator will provide the investigation report, the written complaint, the response, and any other information deemed necessary to the dean of students. Within 10 business days of receipt of the investigation report, the dean of students will make a determination of whether a policy violation occurred. (See the section that follows for a description of the possible determinations.) g. Determinations by the Dean of Students The following is a description of the potential determinations made by the dean of students upon the conclusion of the investigation process: 1. Determination of No Violation of University Discrimination Policy by the dean of students. I f the dean of students determines that a violation of the university’s discrimination policy has not been shown, all parties will be so informed and the matter closed. The dean of students will provide the complainant with an explanation of the key findings on which the determination is based. 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.
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