Student Conduct Resources for Students

As an educational institution, the student conduct process is designed to be an educational and developmental process that encourages learning and accountability. The preliminary review meeting is an informal discussion in which the conduct process will be explained to the student, the student will be made aware of the allegations and have the opportunity to respond against them.

Students should be advised that the student conduct process is separate from criminal and civil court processes. While a student may have a criminal or civil matter that is concurrent with a relevant student conduct matter, the conduct and a court process are not dependent. Procedures and rights in the student conduct process do not include the same standard of proof or due process.

Students are entitled to all rights specified in university policies. These rights include:

Any student who is subjected to the student conduct process are entitled to all rights and due process as specified in this university policy:

• Written notice of the charges, allegations and evidence which support the allegations against the student
• A fair and impartial preliminary review, hearing and appeal in the conduct process
• To be accompanied by an advisor and or observer of their choice throughout the conduct process. The advisor and or observer maybe anyone by which the student chooses but they may not be a party or witness to the conduct under investigation
• The opportunity to review all non-FERPA-protected information supporting the charges of violations prior to a resolution.
• The opportunity to present relevant information and witnesses at the preliminary review meeting and/or hearing.
• The opportunity to question and challenge information presented, witnesses and in specific cases, complainants.
• To receive written notice of the outcome of the preliminary review or hearing
• To submit a written appeal of an interim or decision as a result of a hearing. (See Section M. Grounds for Appeal Procedures)

During the conduct meeting, the reviewer resolving your case will:

• Review the student conduct process and your rights as a student.
• Review the allegations against the student.
• Ask questions about the allegations and information provided to the Office of Student Conduct.
• Review the information discovered in the investigation.
• Invite comments, questions, and evidence from the student.
• If ready, the staff member resolving the case will advise the student of their recommendation regarding the alleged violation.
• Refer the student to supportive resources on campus and in the community, as appropriate and available.

Failure to attend the preliminary review meeting may result in a decision being made by the reviewer absent any explanation by the Respondent and only on the evidence available to the Reviewer.

The standard of proof describes the level of proof that must be met to find a respondent responsible for a violation. The university uses the preponderance of the evidence as a standard for proof of whether a violation occurred. 

University resolution proceedings are conducted to consider the totality of all evidence available and from all relevant sources. There may be strong, definitive evidence presented to persuade the staff member that the respondent did or did not violate the Code of Student Conduct. There may also be ambiguities and contradictions which require the adjudicator to decide the credibility of the information. An individual is not considered to be “responsible” for any allegations until the completion of the process determines that it is more likely than not that the alleged violation occurred.

At the end of the conduct meeting, the reviewer may determine one of the following:

• Further investigation is necessary before fully resolving the case.
• The evidence is insufficient to meet the standard of proof, and therefore, the student will not be found responsible for the alleged violation.
• The evidence shows that an alleged violation of the Student Code of Conduct or another applicable NIU policy occurred and the student is responsible for the alleged violation. Recommended sanctions will be presented to the student at that time.

If the student is found in violation, recommended sanctions will be issued and explained to the student. Recommended sanctions are designed to educate the student and deter future behavioral violations. Additionally, a summary letter will be sent to the student after the meeting that explains the requirements and deadlines of the issued sanctions. If the student disagrees with the decision in the preliminary review meeting, the student will have the option of requesting a student conduct hearing by an individual hearing officer or conduct board.

Upon receiving notification of the outcome of a hearing, either the respondent or the complainant may appeal in writing for any of the following reasons:

• Procedural error that likely impacted the hearing outcome. This may include a demonstrated bias or conflict of interest against the respondent or the complainant which impacted The respondent is responsible for demonstrating the bias or conflict of interest.
• Newly discovered information for which there is a legitimate reason this information could not have been presented at the original hearing.
• An allegation that the sanction(s) issued are unreasonable or severe. The respondent must demonstrate in the appeal that there had been a clear error of judgment. The petitioner must show the decision was not based upon consideration of relevant factors, reason, or judgment and was an abuse of discretion or otherwise not in accordance with the Code of Student Conduct.

Upon receiving the hearing decision notice, the individual will have five (5) business days to submit an appeal. The individual submitting the appeal must present a formal written appeal that specifically articulates one or more grounds for appeal. The five (5) day requirement may be waived by the Director of Student Conduct or designee where extenuating circumstances prevail and only if the grounds for appeal are met. Appeals cannot be submitted by a third party on behalf of the respondent or the complainant. An appeal is not a rehearing of the matter and will not have merit simply because the person submitting the appeal disagrees with the original outcome.

Student conduct cases resulting in the following outcomes may be appealed:

• Interim actions such as a no-contact order, banishment, suspension, restriction from any campus-related activity, etc
• Sanctions were determined and issued after a scheduled preliminary review meeting where the student did not show
• Sanctions determined and issued as a final decision by an individual hearing officer  hearing or conduct board hearing
• Removal from university housing

As an NIU student, you have the right to a safe and secure environment in which to live, learn and thrive. The Office of Student Conduct works with several campus partners and encourages students to utilize helpful resources for assistance.

• Ethics and Compliance Office 
• Huskie Food Pantry
• Counseling and Consultation Services
• Community Counseling Training Center
• Students Legal Assistance
• Center for Student Assistance 
• Office of the OMBUDSPERSON
• Department of Police and Public Safety
• Disability Resource Center
• Gender and Sexuality Resource Center
• Center for Black Studies
• Latino Resource Center
• Asian American Resource Center
• Bias reporting through the Division of Academic Diversity, Equity and Inclusion