2021 - 2022 COM Student Handbook

Nova Southeastern University Student Handbook 53 Appeal Process An appeal of disciplinary action taken following an administrative judicial proceeding must be in writing to the vice president of Student Affairs, or his or her designee, within five business days of the receipt of the written disposition of the hearing. In appealing a judicial 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). A written decision will be provided by the vice president of Student Affairs, or his or her designee, within a reasonable amount of time of the appeal request. The decision of the vice president of Student Affairs, or his or her designee, will be final. D.4 University Title IX/Sexual Misconduct Disciplinary Procedures All reports of sexual misconduct are subject to the Title IX/Sexual Misconduct Policy and accompanying procedures, which describes when a report may be referred to the University Disciplinary Procedures in this code. Any questions about the Title IX/Sexual Misconduct Policy and related procedures may be addressed to the Title IX coordinator. E. Additional Grievance Procedures Available E.1 Grievance Procedure for Discrimination Based on Disability Disability discrimination can occur whenever a qualified individual with a disability is denied the same equal opportunities as other university students, faculty and staff members, and third parties, because of their disability status. Under applicable disability laws, an individual with a disability is a person who (1) has a physical or mental impairment that substantially limits one or more major life activities, (2) has a record of such an impairment, or (3) is regarded as having such an impairment. Temporary, nonchronic impairments that do not last for a long time and that have little or no long-term impact usually are not disabilities. The determination of whether an impairment is a disability is made on a case-by-case basis. a. What is a “major life activity” under the law? To be considered a person with a disability, the impairment must substantially limit one or more major life activities. Examples of major life activities include walking, speaking, breathing, performing manual tasks, seeing, hearing, learning, and caring for oneself.