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Student Rights and Procedural Considerations

The following procedures are designed to determine, without bias, what is best for the Complainant, the Responding Student and the NLU community.

  1. The Responding Student is entitled to a Student Conduct Hearing if the matter cannot be resolved through Administrative Action. Reasonable efforts will be made to hold the hearing   in not less than 5, nor more than 15 business days from the date of the charge notification, unless the Responding Student expressly waives all or part of the notice period or a continuance is granted by the Office of Student Experience.
  2. The Complainant in hearings related to the Comprehensive Sexual Misconduct and Relationship Violence policy shall have the opportunity to request that the hearing begin promptly and proceed in a timely manner. 
  3. The Complainant and the Responding Student will be notified of the time and place of the hearing at least 5 business days prior to the hearing date. At the time of this notification, the Office of Student Experience will provide the names of available witnesses and any available evidence to the Complainant and the Responding Student. If the Complainant or the Responding Student wishes to bring witnesses to the hearing, they must provide the names of witnesses and any related materials within 2 business days of the date of the hearing. All individuals who participate as witnesses must submit a written statement as directed by the Office of Student Experience. The number of witnesses permitted to attend any hearing is at the discretion of the hearing administrator.
  4. The Complainant and the Responding Student may challenge the participation of any member of the Student Conduct Hearing Committee for good and substantial reasons, including a conflict of interest, and request the substitution of that member of the Hearing Committee.  The challenge and request for substitution must be filed in writing with the hearing administrator no later than 2 business days before the scheduled commencement of the hearing. The committee member’s continued participation is at the discretion of the hearing administrator.  Challenges to the participation of the hearing administrator will be submitted to the Vice President of Student Services or designee no later than 2 business days before the scheduled commencement of the hearing. The hearing administrator’s participation is at the discretion of the Vice President for Student Services or designee.    
  5. The Complainant and the Responding Student may appear in person and present evidence. The Complainant and the Responding student will not be compelled to attend the hearing or to make statements or testify at the hearing. If the Complainant or the Responding Student does not attend, the hearing body may proceed in his/her absence. The absence of the student will be noted in the record without prejudice.
  6. The Complainant and the Responding Student may be assisted during the hearing by an advocate  of his/her choosing. The advocate will not be permitted to participate directly in the hearing and will be available only to consult privately with the student regarding questions the student may have during the course of the hearing. Decisions regarding the extent of advocate/student consultation will be determined by the hearing administrator.
  7. All proceedings are closed to the public. Persons in attendance shall  be  limited to members of the hearing body, Complainant, Responding Student, Complainant’s advocate, Responding Student’s advocate, witnesses and Title IX Coordinator where appropriate. All persons involved in a proceeding shall agree to hold information related to the student conduct case confidential. 
  8. It is within the discretion of the hearing administrator to determine whether witnesses may be present at the hearing when they are not testifying.
  9. The Complainant and the Responding Student and their advocates may be present for the entire hearing. 
  10. In hearings proceeding pursuant to the Comprehensive Sexual Misconduct and Relationship Violence policy, the Complainant is entitled to the same procedural rights afforded to the Responding Student.
  11. Hearing Committees  are required to determine whether the Responding Student is Responsible or Not Responsible for each alleged violation. The decision of the Hearing Committee  shall be made only on the basis of statements and other evidence relevant to the case. The standard of review used to reach a decision is preponderance of evidence, or “more likely than not.” Decisions of the Hearing Committee  will be determined   by simple majority. If the Hearing Committee determines that a Responding Student is responsible for a violation of University policy,  the Responding Student’s past offenses or other relevant information may be considered for purposes of determining sanctions. 
  12. The Responding Student and Complainant are each entitled to written notice of the results of the Student Conduct Hearing sent via NLU email no later than 7 calendar days after the hearing date. 
  13. An audio recording of the Student Conduct Hearing shall be made by the hearing administrator and filed in the Office of Student Experience. The Complainant and the Responding Student may request access to the audio recording.