62 Nova Southeastern University Student Handbook 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). A written decision will be provided by the vice president of Student Affairs, or designee, within a reasonable amount of time from receipt of the appeal request. The decision of the vice president of Student Affairs, or designee, will be final. If the complainant is suspended, dismissed, or expelled from the university, the dean of students sends written notifi- cation of the action to the dean of the student’s academic program and appropriate university administrative offices. An appeal of disciplinary action taken against an employee will be conducted in accordance with the NSU Employee Policy Manual or Faculty Policy Manual, if available. j. Remediating Disability Discrimination Disability discrimination and/or harassment are not tolerated at NSU. The university is committed to taking necessary remedial steps that are designed to stop the discrimination, correct its effects, and ensure that the discrimination does not recur. Such actions may or may not be the action that the reporting party requests or prefers. Steps may be specific to the parties involved or may be aimed at a broader group. Typical steps range from counseling (which may be either remedial counseling, for the respondent, or supportive counseling, for the reporting party) or training or separation of the parties, to discipline of the respondent, including a written warning, probation, suspension, demotion, transfer, expulsion, or termination for cause. The appropriate discipline will depend on the nature and severity of the conduct, the respondent’s overall record, the applicable policy on discipline, and other factors where relevant. k. Retaliation The law prohibits retaliation against an individual for opposing any practices forbidden under this policy, for bringing a complaint of discrimination or harassment, for assisting someone with such a complaint, for attempting to stop such discrimination or harassment, or for participating in any manner in any investigation or resolution of a complaint of discrimination or harassment. NSU will immediately investigate and remedy (if appropriate) any reported retaliatory actions taken by the respondent or other individuals.
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