Northeastern State University

Student Conduct Code

Table of Contents

• Preamble
• Article 1: Definitions
• Article 2: Student Code Authority
• Article 3: Proscribed Conduct
  • Jurisdiction of the University Student Conduct Code
  • Conduct – Rules and regulation
  • Violation of Law and University Discipline
• Article 4: Student Conduct Code Procedures
  • Charges and Student Conduct Conferences
  • Sanctions
  • Temporary Suspension
  • Non-Separation Appeals
  • Separation Appeals
  • Disciplinary Files and records
• Article 5: Interpretation and Revision

PREAMBLE

Northeastern State University’s Student Conduct Code is designed to set forth standards necessary to provide a learning environment conducive to the preparation of students for success in an increasingly challenging, diverse and global society. The University is, first and foremost a community where the academic standards are strictly upheld and where the rights, responsibilities, safety and dignity of every individual are respected and paramount to the achievement of academic excellence. The Student Conduct Code serves not just as a disciplinary system, but also as a part of the educational process. The purpose of the Student Conduct Code is to teach students to live and act responsibly in a community setting and to encourage the development of good decision-making and personal integrity. University community members are expected to respect the rights of fellow community members, property, common resources, Student Conduct Code, and laws associated with the broader community (e.g. city, state, nation, and world).

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ARTICLE I: DEFINITIONS

1. University - The term “University” means Northeastern State University.
2. Student - The term “student” includes all persons taking courses at the University. Persons who withdraw after allegedly violating the Student Conduct Code, who are not officially enrolled for a particular term but, who have a continuing relationship with the University or who have enrolled at the University are considered a student. Persons who are living in University residence halls, although not enrolled in this institution, are also considered students. This Student Conduct Code does apply at all locations of the University (e.g., a foreign country or another state).
3. University Official - For the purpose of this document, the term “University official” includes any person employed by the University, performing assigned academic, administrative or professional responsibilities.
4. Member of the University Community - The term “member of the University community” includes any person who is a student, faculty member, University official or any other person employed by the University. A person’s status in a particular situation shall be determined by the Senior Student Affairs Officer or his/her designee.
5. University Premises - The term “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or controlled by the University (including adjacent streets and sidewalks).
6. Organization - The term “organization” means any number of persons who have complied with the formal requirements for University recognition.
7. Senior Student Affairs Officer or his/her designee - The term “Senior Student Affairs Officer or his/her designee” means the person designated by the University President to be responsible for the administration of the Student Conduct Code.
8. Student Conduct Administrator(s) - The term “Student Conduct Administrator(s)” means a University official authorized, on a case-by-case basis by the Senior Student Affairs Officer or his/her designee, to determine whether student(s) have violated the Student Conduct Code. The Senior Student Affairs Officer or his/her designee may authorize the same Student Conduct Administrator to impose sanctions in all cases.
9. Appeal’s Administrator(s) - The term “Appeal’s Administrator(s)” means any person or persons authorized by the Senior Student Affairs Officer or his/her designee to consider an appeal from a Student Conduct Conference.
10. Student Conduct Conference - The term “Student Conduct Conference” means a meeting between Student Conduct Administrator(s) and student(s) who potentially violated the Student Conduct Code.
11. Committee on Student Conduct - The term “Committee on Student Conduct” is a committee consisting of faculty members and students created to consider an appeal in cases resulting in suspension, expulsion, degree revocation or recision of credit of students.
12. Shall - The term “shall” is used in the imperative sense.
13. May - The term “may” is used in the permissive sense.
14. Policy - The term “policy” means the written regulations of the University as found in, but not limited to, the Student Conduct Code, Residence Life Handbook, the University web page and computer use policy, and Graduate/Undergraduate Catalogs.
15. Cheating - The term “cheating” includes, but is not limited to:
    1. Use of any unauthorized assistance in taking quizzes, tests, or examinations;
    2. Use of sources beyond those authorized by the instructor in writing papers, preparing reports, solving problems, or carrying out other assignments;
    3. The acquisition, without permission, of tests or other academic material belonging to a member of the University faculty or staff;
    4. Engaging in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
16. Plagiarism - The term “plagiarism” includes, but is not limited to, the use, by paraphrase or direct quotation, of the published or unpublished work of another person without full and clear acknowledgment. It also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
17. Investigation - The term “Investigation” means the process of gathering facts pertaining to an alleged incident or event.
18. Investigator(s) - The term “Investigator” means the individual(s) conducting an investigation.
19. University Affiliated/Sponsored - The term “University Affiliated/Sponsored” means any activity on or off campus that is initiated, aided, authorized or supervised by the University or by a recognized student organization of the University.

All other terms have their natural meanings unless the context dictates otherwise.

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ARTICLE II: STUDENT CODE AUTHORITY

1. The Student Conduct Administrator shall:
   1. Determine if a potential Student Conduct Code violation has occurred; and/or
   2. Impose sanctions, if necessary; and/or
   3. Refer appeals to the Senior Student Affairs Officer or his/her designee.
2. The Senior Student Affairs Officer or his/her designee shall develop policies for the administration of the student conduct system and procedural guidelines of Student Conduct conference(s).
3. Decisions made by Student Conduct Administrator(s) shall be final, pending the normal appeal process.

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ARTICLE III: PROSCRIBED CONDUCT

1. Jurisdiction of the University Student Conduct Code
   1. The University Student Conduct Code shall apply to conduct that occurs on University premises, at University Affiliated/Sponsored activities, and off-campus conduct that adversely affects the University Community and/or the pursuit of its objectives. (RUSO Student Policy 4.3.2h Off Campus)
   2. Each student shall be responsible for his/her conduct from the time of initial enrollment through the actual awarding of a degree, even though conduct may occur before classes begin or after classes end, as well as during the academic year and during periods between terms of actual enrollment and even if their conduct is not discovered until after a degree is awarded.
   3. The Student Conduct Code shall apply to a student’s conduct even if the student withdraws from school while a disciplinary matter is pending.
   4. The Senior Student Affairs Officer or his/her designee shall decide whether the Student Conduct Code shall be applied to conduct occurring off campus, on a case by case basis, in his/her sole discretion.
2. Conduct—Rules and Regulations
   Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV.
   1. Acts of dishonesty - Acts of dishonesty, including but not limited to the following:
      1. Cheating, plagiarism, or other forms of academic dishonesty.
      2. Furnishing false information to any University official, faculty member, or office.
      3. Forgery, alteration, or misuse of any University document, record, or instrument of identification.
      4. Falsifying or participating in the falsification of any University record. (RUSO Student Policy 4.3.2a Students’ Obligations and Regulations)
      5. Any other act of dishonesty which adversely affects the University or the pursuit of its objectives. (RUSO Student Policy 4.3.2a Students’ Obligations and Regulations)
   2. Disruption or Obstruction - Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other University activities, including its public service functions on or off campus, or of other authorized non - University activities when the conduct occurs on University premises. ( RUSO Student Policy 4.3.2f Disturbing the Peace and Destruction of Property)
   3. Abuse - Physical abuse, verbal abuse, threats, intimidation, coercion, and/or other conduct which threatens or endangers the health or safety of any person.
   4. Harassment - Harassment is conduct that is sufficiently severe, persistent and/or pervasive, adversely affects or has the purpose or logical consequence of interfering with the educational program and/or creates an intimidating, hostile or offensive environment within the University community.
      1. Forms of harassment may include, but are not limited to physical, mental and/or sexual.
      2. Methods of harassment may include, but are not limited to verbal, written,
         electronic, and/or visual displays.
   5. Stalking - Stalking is willfully, maliciously, and/or repeatedly following or harassing another person in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested.
   6. Sexual Misconduct - Sexual Misconduct includes, but is not limited to the followin
      1. Deliberate touching of another’s sexual parts without consent;
      2. Deliberate sexual invasion of another without consent;
      3. Deliberate constraint or incapacitation of another, without that person’s knowledge or consent, so as to put another at substantially increased risk of sexual injury; and/or
      4. Unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature that expressly or implicitly imposes conditions upon, threatens, interferes with, or creates an intimidation, hostile, or demeaning environment for an individual’s (I) academic pursuits, (II) University employment; (III) participation in activities sponsored by the University or organizations or groups related to the University, or (IV) opportunities to benefit from other aspects of University life.
   7. Theft and/or Damage - Theft includes but is not limited to theft of and/or damage to property of the University or property of a member of the University community or other personal or public property.
   8. Hazing - Hazing is any act which endangers the mental or physical health or safety of an individual for the purposes of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense. Apathy or acquiescence in the presence of hazing is not considered a neutral act; they are violations of this rule.
   9. Failure to Comply - Failure to comply with directions of University officials or law enforcement officers acting in performance of their duties and/or failure to identify oneself to these persons when requested to do so.
   10. Unauthorized Entry - Unauthorized entry includes but is not limited to unauthorized possession, duplication or use of keys or any other such devices to any University premises or unauthorized entry to or use of University premises.
   11. Controlled Substances - The use, possession, manufacturing, distribution, and/or being under the influence of marijuana, heroin, narcotics, or other controlled substances except as expressly permitted by law and/or University policy. The inappropriate use or abuse of prescription or over-the-counter medications is also forbidden.
   12. Alcohol - The use, possession, manufacturing, distribution, and/or being under the influence of alcoholic beverages except as expressly permitted by law and/or University policy.
   13. Firearms, Weapons, etc. - The use, possession, and/or distribution of firearms, explosives, other weapons, imitation of weapons, or dangerous chemicals on University premises, included, but not limited to bows, knives, guns, paintball guns, or air-soft weapons, even if legally possessed, in a manner that harms, threatens or causes fear to others except as expressly permitted by law and/or University policy.
   14. Disturbing the Peace - Disturbing the peace shall include but is not limited to participating in an on-campus or off-campus demonstration, riot or activity that disrupts the normal operations of the University and/or infringes on the rights of other members of the University community; leading or inciting others to disrupt scheduled and/or normal activities within any campus building or area. See appendix IV for expressive activity guidelines.
   15. Traffic Obstruction - Traffic obstruction shall include but is not limited to obstruction of the free flow of pedestrian or vehicular traffic on University premises or at University sponsored or supervised functions.
   16. Disorderly Conduct - Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University or members of the academic community. Such conduct may include, but is not limited to: Any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without his/her prior knowledge or without his/her effective consent when such a recording is likely to cause injury or distress. This includes, but is not limited to, surreptitiously taking pictures of another person in a gym, locker room, or restroom.
   17. Technology Theft and/or Abuse - Technology theft or other abuse of computer facilities and resources, including but not limited to: (RUSO Student Policy 4.3.2d)
       1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose;
       2. Unauthorized transfer of a file;
       3. Use of another individual’s identification and/or password;
       4. Use of computing facilities and resources to interfere with the work of another student, faculty member or University Official;
       5. Use of computing facilities and resources to send obscene or abusive messages;
       6. Use of computing facilities and resources to interfere with normal operation of the University computing system;
       7. Use of computing facilities and resources in violation of copyright laws;
       8. Attempts to circumvent established security procedures or to obtain access privileges to which the user is not entitled; and/or
       9. Any violation of the University Computer Use Policy.
   18. Abuse of Student Conduct Process - Abuse of the Student Conduct Process, including but not limited to:
       1. Failure to obey the notice from a Student Conduct Administrator(s) or University official to appear for a meeting or conference as part of the Student Conduct Process;
       2. Falsification, distortion, or misrepresentation of information before a Student Conduct Administrator(s);
       3. Disruption or interference with the orderly conduct of a Student Conduct meeting or conference;
       4. Attempting to discourage an individual’s proper participation in, or use of, the student conduct process;
       5. Attempting to influence the impartiality of a Student Conduct Administrator(s) prior to, and/or during the course of the Student Conduct meeting or conference;
       6. Harassment (verbal or physical) and/or intimidation of Student Conduct Administrator(s) prior to, during, and/or after a student conduct meeting or conference;
       7. Failure to comply with the sanction(s) imposed under the Student Conduct Code; and/or
       8. Influencing or attempting to influence another person to commit an abuse of the student conduct code process.
   19. Passive Participation - Passive participation includes, but is not limited to the following:
       1. Encouraging or enticing any behavior or activity prohibited by law and University policy; and/or
       2. Knowingly witnessing or observing any behavior or activity expressly prohibited by law and/or University policy.
   20. Violation of any University Policy - Violation of University policy shall include any university policy, rule, or regulation published in hard copy or available electronically on the University website (e.g. residence hall policies, NCAA policies, etc.).
   21. Violation of Law - Violation of law shall include violation(s) of any federal, state or local law. RUSO Student Policy 4.3.2k)
3. Violation of Law and University Discipline
   1. A University conduct meeting or conference may be held with a student that potentially violates both the criminal law and this Student Conduct Code (that is, if both possible violations result from the same factual situation) without regard to the pendency of civil or criminal litigation in court or criminal arrest and prosecution. Meetings or conferences under this Student Conduct Code may be carried out prior to, simultaneously with, or following civil or criminal proceedings off campus at the discretion of Senior Student Affairs Officer or his/her designee. Determinations made or sanctions imposed under this Student Conduct Code shall not be subject to change because criminal charges arising out of the same facts giving rise to violation of University rules were dismissed, reduced, or resolved in favor of or against the criminal law defendant.
   2. When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student. If the alleged offense is also being processed under the Student Conduct Code, the University may advise off-campus authorities of the existence of the Student Conduct Code and of how such matters are typically handled within the University community. The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the conditions imposed by criminal courts for the rehabilitation of student violators (provided that the conditions do not conflict with campus rules or sanctions). Individual students and other members of the University community, acting in their personal capacities, remain free to interact with governmental representatives as they deem appropriate.

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ARTICLE IV: STUDENT CONDUCT CODE PROCEDURES

1. Charges and Student Conduct Conferences
   1. Student Conduct Code Violation
      1. Any member of the University community may submit a report of a potential Student Conduct Code violation. A report shall be prepared in writing and directed to the Office of Student Affairs, University Police or Residence Life. Any report should be submitted as soon as possible after the event takes place.
      2. A submitted report will be reviewed to determine merit, need for further investigation, appropriate referral if necessary, and/or dismissal.
      3. All charges shall be presented to the Accused Student in written form. A time shall be set for a Student Conduct Conference, not less than five University business days from the issue date of the letter. The Accused student may choose to waive the five (5) University business day requirements. Scheduling of the Student Conduct Conferences may be extended at the discretion of the Student Conduct Administrator(s).
   2. Student Conduct Conferences
      Student Conduct Conferences shall be conducted by a Student Conduct Administrator(s) according to the following guidelines:
      1. Student Conduct Conferences shall be conducted in private.
      2. The Accused Student(s) and their advisor, if any, shall be allowed to attend the entire portion of the Student Conduct Conference at which information is received (excluding deliberations). Admission of any other person to the Student Conduct Conference shall be at the discretion of the Student Conduct Administrator(s).
      3. During a Student Conduct Conference involving more than one Accused Student, the Student Conduct Administrator(s), at his or her discretion, may permit the Student Conduct Conference concerning each student to be conducted either separately or jointly.
      4. The Accused Student may be accompanied by one advisor or counselor (may be an attorney at the student’s expense) so long as the availability of the advisor does not hamper the timeliness of the conference. The selected advisor and/or counselor may not be an individual and/or student that is and/or may be charged as a result of the same or similar fact pattern. The advisor is limited to advising the student and may not present the case, question relevant parties, or make statements during the proceedings. The mere presence of a University attorney does not indicate representation.
      5. The Accused Student and the Student Conduct Administrator(s) may arrange for witnesses to present pertinent information to the Student Conduct Administrator(s). Notification of all witnesses shall be provided by the Accused Student and the Student Conduct Administrator(s) at least two University business days prior to the Student Conduct Conference. Witnesses will provide information to and answer questions from the Student Conduct Administrator(s). Questions may be suggested by the Accused Student to be answered by other witnesses. These questions shall be directed to the Student Conduct Administrator(s) rather than to the witness directly. This method is used to preserve the educational tone of the hearing and to avoid creation of an adversarial environment. Questions of whether potential information will be received shall be resolved at the discretion of the Student Conduct Administrator(s).
      6. Relevant records, exhibits, and written statements (including Student
         Impact Statements) may be accepted as information for consideration.
      7. All procedural questions are subject to the final decision of the Student Conduct Administrator(s).
      8. After the portion of the Student Conduct Conference concludes in which all relevant information has been received, the Student Conduct Administrator(s) shall determine whether the Accused Student has violated sections of the Student Conduct Code which the student is charged with violating.
      9. The Student Conduct Administrator(s) determination shall be made based whether a preponderance of the evidence (more likely than not) indicates that the Accused Student violated the Student Conduct Code. The burden of proof rests with the accused student.
      10. Formal rules of process, procedure, and/or technical rules of evidence, such as those applied in criminal or civil court, are not used in Student Conduct Code proceedings.
   3. The University reserves the right to create a single verbatim record, such as a tape recording, of a Student Conduct Conference, not including deliberations. The record shall be the property of the University.
   4. If an Accused Student, with notice, does not appear before a Student Conduct
      Administrator(s), the information shall be presented and considered even if the Accused Student is not present.
   5. The Student Conduct Administrator(s) may accommodate concerns for the personal safety, well-being, and/or fears of confrontation of the Accused Student, and/or other witness(es) during the hearing by providing separate facilities, by using a visual screen, and/or by permitting participation by telephone, videophone, closed circuit television, video conferencing, videotape, audio tape, written statement, or other means, as determined by the sole judgment of Student Conduct Administrator(s) to be appropriate.
2. Sanctions
   1. One or more of the following sanctions may be imposed upon any student(s) found to have violated the Student Conduct Code:
      1. Warning - A warning is a written reprimand to the student indicating a violation of the Student Conduct Code has occurred. (RUSO Student Policy 4.3.3a)
      2. Conduct Review - Conduct review is severe enough in nature to warrant the monitoring of a student’s behavior for a specified amount of time. Conduct review rises to the level of conduct probation; however, is slightly less due to mitigating circumstances. If there is a finding of responsibility for subsequent violations of the Student Conduct Code during this period of time, more severe sanctions may be administered. A student on Conduct Review remains in good standing with the University.
      3. Conduct Probation - Conduct Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the student is found to violate any institutional regulation(s) during the probationary period. A student on Conduct Probation is not in good standing with the University. An individual not in good standing: (RUSO Student Policy 4.3.3c)
         1. May not officially represent the University in any University sponsored event;
         2. May not hold any leadership position in any University recognized organization; and/or
         3. May affect receipt of institutional scholarships and/or financial aid.
      4. Loss of Privileges - Loss of privileges is denial of specified privileges for a designated period of time.
      5. Restitution - Restitution is the compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary or material replacement.
      6. Educational Requirements - The imposing of educational sanctions includes, but is not limited to: letter of apology, presentation of a workshop, preparation of a research paper or project, community restitution, counseling, assessment or evaluation. (RUSO Student Policy 4.3.3b Penalties)
      7. Residence Hall Suspension - Residence hall suspension is the separation of the student from the residence halls for a definite period of time, after which the student is eligible to return. Conditions for readmission may be specified.
      8. Residence Hall Expulsion - Residence hall expulsion is the permanent separation of the student from the residence halls.
      9. University Suspension - University suspension is the separation of the student from the University for a definite period of time after which the student is eligible to return. Conditions for readmission may be specified. A suspension hold will be placed on the transcript during the period of suspension. (RUSO Student Policy 4.3.3e Penalties)
      10. University Expulsion - University expulsion is the permanent separation of the student from the University. When a student is expelled, a record of this action will be made a part of the student’s permanent record in the Office of Admissions and Records. (RUSO Student Policy 4.3.3f Penalties)
      11. Revocation of Admission and/or Degree - Admission to or a degree awarded from the University may be revoked for fraud, misrepresentation, or other violation of University standards in obtaining the degree, or for other serious violations committed by a student prior to graduation. (RUSO Student Policy 4.3.3g)
      12. Withholding Degree - The University may withhold awarding a degree otherwise earned until the completion of the process set forth in this Student Conduct Code, including the completion of all sanctions imposed, if any.
      13. Deferred Sanction - Deferred sanction is the delay or postponing of any sanction. If a student is found responsible for any violation of the Student Conduct Code while on a deferred sanction, the original sanction will be implemented.
   2. More than one of the sanctions listed above may be imposed for any single violation.
   3. Other than University expulsion, revocation or withholding of a degree, disciplinary sanctions shall not be made part of the student’s permanent academic record, but shall become part of the student’s disciplinary record.
   4. A student may request in writing an expungement of disciplinary record no less than one academic year after completion of sanction(s). Expungement is the process in which student’s disciplinary record is cleared for disclosure purposes only; however, the disciplinary record will remain on file. Such written request shall be made to the Senior Student Affairs Officer or his/her designee.
   5. In cases where a student is found responsible for a violation(s) of the Student Conduct Code, the sanctions shall be determined and imposed by the Student Conduct Administrator(s). The Senior Student Affairs Officer or his/her designee reserves the right to request a review of sanctions prior to imposition.
   6. Following the Student Conduct Conference, the Student Conduct Administrator(s) shall advise the Accused Student in writing of the conference outcome. A person who is identified as a victim of violence, as defined by FERPA, may be notified of the Student Conduct Conference outcome.
3. Temporary Suspension (RUSO Student Policies, Penalties 4.3.3d)
   1. In certain circumstances, the Senior Student Affairs Officer or his/her designee, may impose a University or residence hall temporary suspension prior to the Student Conduct Conference.
   2. Temporary suspension may be imposed only:
      1. To ensure the safety and well-being of members of the University community or preservation of University property;
      2. To ensure the student’s own physical or emotional safety and well-being; and/or
      3. If the student poses an ongoing threat of disruption of, or interference with, the normal operations of the University.
   3. During the temporary suspension, a student may be denied access to the residence halls and/or to the campus (including classes) and/or all other University activities or privileges for which the student might otherwise be eligible, as the Senior Student Affairs Officer or his/her designee or the Student Conduct Administrator(s) may determine to be appropriate.
   4. The temporary suspension does not replace the regular process, which shall proceed on the normal schedule, up to and through a Student Conduct Conference, if required.
   5. The student shall be notified in writing of this action and the reasons for the temporary suspension. The notice shall include the time, date, and place of a subsequent show cause meeting at which the student may show cause why his or her continued presence on the campus does not constitute a threat.
4. Non-Separation Appeals
   1. A decision or a sanction imposed by the Student Conduct Administrator(s) may be appealed by the Accused Student(s) to the Senior Student Affairs Officer or his/her designee within five (5) University business days of the decision. Such appeals shall be in writing and shall be delivered to the Office of Student Affairs.
   2. A person who is identified as a victim of violence, as defined by FERPA, may appeal a decision or sanction imposed by the Student Conduct Administrator(s) within five (5) University business days of the decision. Such appeals shall be in writing and shall be delivered to the Office of Student Affairs.
   3. Except as required to explain the basis of new information, an appeal shall be limited to a review of the record of the Student Conduct Conference and supporting documents for one or more of the following purposes:
      1. To determine whether the Student Conduct Conference was conducted fairly in light of the charges and information presented, and in conformity with prescribed procedures giving the Accused Student a reasonable opportunity to prepare and to present a response to those allegations. Deviations from designated procedures will not be a basis for an appeal unless significant prejudice results.
      2. To determine whether the decision reached regarding the Accused Student was based on substantial information, that is, whether there were facts in the case that, if believed by the fact finder, were sufficient to establish that a violation of the Student Conduct Code occurred.
      3. To determine whether the sanction(s) imposed were appropriate for the violation of the Student Conduct Code which the student was found to have committed
      4. To consider new information, sufficient to alter a decision or other relevant facts not brought out in the original Student Conduct Conference, because such information and/or facts were not known to the person appealing at the time of the original Student Conduct Conference.
   4. If an appeal is upheld by the Senior Student Affairs Officer or his/her designee, the matter shall be returned to the original Student Conduct Administrator(s) for re-opening of Student Conduct Conference to allow reconsideration of the original determination and/or sanction(s).
   5. The decision of the Senior Student Affairs Officer or his/her designee shall be final and not appealable except in cases of temporary suspension, suspension, expulsion or degree revocation which may be appealed to the Committee on Student Conduct. (RUSO Student Policy 4.3.4 Authority of Senior Student Affairs Officer)
5. Separation Appeals – (RUSO Student Policy 4.3.5 Appeals Process)
   1. A committee consisting of faculty members and students will be created to consider the appeal of cases resulting in temporary suspension, suspension, expulsion, degree revocation or recision of credit of students.
   2. The committee will be designated as the "Committee on Student Conduct." The committee shall be appointed by the President of the University and shall include faculty members whose primary duties are not concerned with the administration of student conduct and affairs.
   3. The President will receive nominations for committee memberships from the Faculty Senate, provided that Faculty Senate nominations must be submitted within thirty (30) days from time of notification that a vacancy(s) exists. If nominations are not made within thirty (30) days, the president will fill the vacancy(s) from the faculty.
   4. The student members of the committee shall be nominated by the Northeastern Student Government Association. Nominations must be submitted in the same manner as those for the Faculty Senate.
   5. A student instituting an appeal to the Committee on Student Conduct shall have the right to exclude the student members of the committee upon proper request. One or more students may be included in the membership of the committee, such number to be determined by the President
   6. Any act by a properly constituted committee, at which a quorum of the committee is present, shall be binding.
   7. To initiate an appeal, the student must make the request. The request and reason for appeal should be made in writing, by hard copy, signed, and dated to the Senior Student Affairs Officer within 5 University business days of the decision.
   8. If the student appeals a decision of suspension, expulsion, degree revocation, or recision of credit, the decision will not become effective until after a hearing before the Committee on Student Conduct. Hearings will be held as soon as practical after the request is made by the student.
6. Disciplinary Files and Records
   1. Case referrals will result in the development of a disciplinary file in the name of the accused student. If the student is found not responsible for the charges, the file will be marked no action, no record, and shall not constitute a disciplinary record. Such files will be destroyed after one year.
   2. The files of students found responsible for charges against them, with sanctions less than suspension or expulsion, will generally be maintained in the Student Conduct Office for 7 years from the calendar year of record, after which they are destroyed.
   3. Records of cases in which suspension or expulsion from the University occur, are kept for 10 and 15 years respectively.
   4. Confidentiality - All disciplinary records are confidential and may not be disclosed in whole or in part except as provided by law or by the written authorization of the student, under legal compulsion, or where the safety of other persons may be involved. Disciplinary records are maintained separate from the student's academic record but are part of the student's educational record.
   5. Re-release of disciplinary information/records -Unless otherwise excepted, individuals participating in disciplinary proceedings are bound by law to not disclose information discussed in the proceedings. When disciplinary records are permitted to be disclosed to an individual only,that information should not be re-disclosed, under penalty of law.

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ARTICLE V: INTERPRETATION AND REVISION

1. Any question of interpretation or application of the Student Conduct Code shall be referred to the Senior Student Affairs Officer or his/her designee for final determination.
2. The Student Conduct Code shall be reviewed every year under the direction of the Senior Student Affairs Officer or his/her designee.
3. The University reserves the right to discontinue, modify or otherwise change its Student Conduct Code.