10. Reporting, Investigating, and Resolving Complaints

The complaint resolution procedures in this Code are administrative proceedings used to determine whether a student/organization 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 through fair procedures whether or not any individual student/organization has violated a University regulation;
(e) to allow for consideration of extenuating or mitigating factors when a violation has been found to exist; and
(f) to determine a resolution that will be appropriate and will help the student/organization make a constructive response toward self-discipline.

10.1 Reporting Alleged Violations
An alleged violation should be reported to:
- the Dean of Student Life Office,
- the Memorial Union Administrative Office, and/or
- the Department of Residence Life.

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 guests of the campus.

10.2 Crimes of Violence
In cases of crimes of violence, the Dean of Student Life or designee may increase but not decrease time lines 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 the 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, homicide, manslaughter, murder, robbery, and forcible and nonforcible sexual offenses.

10.3 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), the part(s) of the Code violated, and the assigned sanction(s). Complainants in receipt of this information may assume personal civil liability for releasing this information to others.

10.4 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 the disruption of, or interference with, the normal operations of the University.

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

10.5 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 or the Dean's designee may choose to hold an administrative hearing rather than a Complaint Resolution Board hearing.

If the Suspension is upheld following the hearing, the Suspension remains subject to the rules outlined in Suspension above and remains a matter of permanent record. (See Section 16.1.3 for a definition of permanent record.)

10.6 Notice of Alleged Violations
Within a reasonable number of working days (generally 15) of receipt of the complaint, the designee of the Dean of Student Life will send a written notice to the accused student/organization to arrange a prehearing conference.

(a) the nature of the alleged inappropriate behavior;
(b) the date, time, and place of the alleged inappropriate behavior;
(c) the source of the complaint;
(d) a summary of the evidence to be presented;
the maximum sanction applicable if found in violation of the Code of Student Behavior;
(e) a notice that a decision will be made in the student's absence if the student chooses not to appear at the hearing and that the failure to appear will be considered in reaching a decision whether or not the behavior Code has been violated; and
(f) will include a printed copy of the Code or the URL directing the student to the on-line copy of the Code.

10.7 Oral Notice
In some cases an oral request for a pre-hearing conference may be made (followed by a written request if the student/organization so chooses), particularly in minor cases or cases in which an expedited hearing is appropriate. Oral notice of expedited hearings may be used the two weeks prior to any University break of more than one week or when the student has indicated a decision not to return for the following semester.

10.8 Prehearing Conference
During the prehearing conference, the hearing officer discusses and explains:

(a) The student's rights and responsibilities;
(b) the nature of the complaint and how the Code of Student Behavior may have been violated;
(c) that the student has a right to make a written and/or oral statement describing the event(s) that led to the charges; and
(d) that the student may request an immediate administrative hearing take place with the hearing officer.

Cases involving student organizations will be forwarded to the hearing officer at the time the group selects a hearing with an Administrative Hearing Officer. The hearing officer may refuse to hear the case and refer it to another hearing officer or a Complaint Resolution Board.

10.9 Administrative Hearing and Complaint Resolution Board
The Code of Student Behavior Complaint Resolution procedures at NDSU include:

(a) an Administrative Hearing Officer designated by the Dean of Student Life or designee [See Section 12], or
(b) a Complaint Resolution Board [See Section 13].

10.10 Default Proceedings for Current Students
A student who fails to appear for a hearing on the date set to answer or contest thealleged charges of a violation of University policies will be considered as being in default. The case may be decided based on the information available at that time. Default decisions may be reexamined only upon showing by the student/organization that the absence was for a good cause.

10.11 Student Leaves the University with Unresolved Charges
When a student leaves the University with unresolved charges, the Administrative Hearing Officer or a Complaint Resolution Board may make a decision in the student's absence, providing the student 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 that the student requests re-registration or a resolution of the pending matter. The Administrative Hearing Officer may also place a transcript notation “May Not Register for Non-Academic Reasons” after recommendation to and approval from the Dean of Student Life.

10.12 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 with the Instructions of a University Official (see Section 4.12) and may also 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 or the Dean’s designee 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.

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Appeals Chart

Related Policies

Final Note

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NDSU Webmaster
Last Updated: 06/10/05
Published by North Dakota State University