Reporting, Investigating and Resolving Complaints

Go to Code Index Code of Behavior (PDF)

The complaint resolution procedures in this code are used to determine whether a student is responsible for alleged violations of the Code of Student Behavior. The purposes of the complaint resolution procedures include the following:

a) To provide for the education of students;

b) To promote the health, safety and well-being of university community members;

c) To provide for fair inquiries concerning alleged violations of university policies;

d) To determine whether or not any individual student has violated a university policy;

e) To allow for consideration of extenuating or mitigating factors when a violation has been found to exist;

f) To determine a resolution that will be appropriate;

g) To help the student make a constructive response toward self-discipline; and

h) Will include a temporary emergency suspension, if imposed.

10.1 Reporting Alleged Violations

Complaints should be reported as soon as possible following the discovery of the alleged inappropriate behavior. The complaint may be initiated by any member of the NDSU community, including students, faculty, staff members and guest of the campus.

An alleged violation should be reported to the:

a) Dean of Student Life Office, 250 Memorial Union,

b) Department of Residence Life, West Bison Court, and/or

c) Memorial Union Administrative Office, 246 Memorial Union.

10.2 Investigating Reports of Alleged Violations

10.2.1

No form of harassment may be used by institutional representatives to coerce admissions of guilt or information about one's behavior or that of other suspected persons.

10.2.2 Search and Seizure

University Policy on the privacy of student rooms stipulates that entry and search of university residences by university officials will be permitted only in one or more of the following instances, when:

a) A student consents to the search;

b) The officials responsible fear an imminent danger to health, safety, life or property;

c) A written administrative authorization specifying reasons for the search, objects of information sought, and area to be searched has been given by the vice president for student affairs, dean of student life, or director of residence life, or a person acting in their capacities during their absences from the campus;

d) University officials fear imminent destruction of evidence relevant to a suspected violation of university regulations; or

e) Students are suspected of violating the NDUS or NDSU Acceptable Use Policies, student computers, associated peripheral devices, and media storage devices may be taken into temporary custody on authority of the Information Technology Services Officer, ITSO, to collect and preserve evidence of possible violations of local, state or federal laws (see NDSU Policy 158: Acceptable Use of Electronic Communications Devices: www.ndsu.edu/policy/158.htm and State Board of Higher Education (SBHE) Policy 1901.2, Computing Facilities: www.ndus.edu/policies/ndus-policies/subpolicy.asp?ref=2551). If additional questions remain, contact the Information Technology Services Officer ITSO.

The university requires that the dean of student life be notified of searches. The university will not intervene between students and searches authorized under law by any law enforcement agencies. At the conclusion of those actions and when provided information by law enforcement agencies, the university reserves the right to initiate action under this code when alleged violations of the code are believed to have occurred.

The Right to Inspect residence hall rooms and university apartments without notice is reserved by the university for purposes of maintenance, cleaning, fire and personal safety, and for purpose of administering provisions of the license contract. The university will provide reasonable notice, when possible. Such entry by the university shall not be regarded as a search, but is separately agreed to and authorized by the student through the provisions in the residence license contract.

10.3 Resolution of Conflicts

The conflict resolution process generally includes the following steps:

a) Incident report received,

b) Creation of a conduct file,

c) Notice of alleged violations,

d) Prehearing conference,

e) Hearing (administrative or complaint resolution board),

f) Notification of findings, including sanctions and terms and conditions as assigned,

g) Appeal (if student chooses),

h) Notification of appeal decision (if applicable).

A detailed description of these steps may be found in Section 11, Guaranteed Student Rights and Complaint Resolution Process.

10.4 Crimes of Violence

In cases of crimes of violence, the dean of student life may increase but not decrease timelines stated in the code and may determine by whom the case is heard.

The term "crime of violence" means:

a) An offense that has an element of use, attempted use, or threatened use of physical violence against the person or property of another, or

b) Any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

Examples include, but are not limited to, arson, auto theft, assault, burglary, manslaughter, murder, robbery, and forcible and nonforcible sexual offenses.

10.4.1 Notification of Hearing Outcomes for Crimes of Violence

Complainants who are victims of crimes of violence have a right to be notified of the outcome of complaint resolution procedures. Notification shall be limited to the responsible student(s), part(s) of the code violated, and assigned sanction(s). Complainants in receipt of this information may assume personal civil liability for releasing this information to others.

10.5 Conditions Under Which Emergency Suspension May Be Imposed:

a) To ensure the health, safety, or well-being of members of the university community,

b) To preserve university property;

c) To ensure the suspended student's own physical and emotional safety and well-being, or

d) To ensure against disruption of, or interference with, normal operations of the university.

No hearing will be required before temporary suspension is imposed; however, one will be convened within five business days following the suspension.

If the suspension is upheld following the hearing, the suspension remains subject to the rules outlined in suspension (Section 9.1.3) and remains a matter of permanent record (see 17.1.3 for a definition of permanent record).

10.6 Incarcerated Students

In cases involving incarceration, a hearing will be held when the student is available for a hearing. Under these circumstances the dean of student life may choose to hold an administrative hearing rather than a Code of Student Behavior Complaint Resolution Board hearing.

10.7 Default Proceedings for Current Students

A student who fails to appear for a hearing on the date set to answer or contest the alleged charges of a violation of university policies will be considered in default. The case may be decided based on information available at that time. Default decisions may be reexamined only when the student shows that the absence was for a good cause.

10.8 Student/Organization Leaves the University with Unresolved Charges

When a student/organization leaves the university with unresolved charges, the administrative hearing officer or a complaint resolution board may make a decision in the student/organization's absence, providing the student/organization was issued an advance written notice of the date, time and place of the scheduled hearing.

In certain cases, the administrative hearing officer reserves the option to place a registration hold on the student's records and archive the case until such time the student requests re-registration or a resolution of the pending matter. The administrative hearing officer also may place a notation "may not register for non-academic reasons" after recommendation to and approval from the dean of student life.

10.9 Student Organizations in Default

In the event a student organization becomes inactive rather than appear for a hearing, the default decision will typically be withdrawal of recognition granted by the Congress of Student Organizations. In addition, officers of the organization at the time of the incident may face conduct proceedings individually for failure to comply (see Section 4.12) and also may be charged with one or more of the original alleged violations of the code arising from the alleged misconduct by the organization. If found responsible for this violation, the original incident that led to allegations against the student organization will be considered in the determination of sanctions for the organizational officers.

If the organization requests registration at a later date, the dean of student life will meet with the student organization leadership to determine responsibility for the original charges, determine or recommend the appropriate sanction, and if that sanction is less than suspension or expulsion, will assess the need for any current remedial actions.