Policy Approval Authority | President |
Responsible Division | Student Affairs |
Responsible University Office | Student Conduct and Student Affairs |
Responsible Officer(s) | Director of Student Conduct and Assistant VP for Student Affairs |
Contact Person | Joy Mitchell |
Primary Audience |
Student
|
Status | Active |
Last Review Date | 08-20-2024 |
Policy Category/Categories |
Campus Safety / Security
Ethics & Conduct Student Affairs |
The mission of Northern Illinois University (NIU) is to empower students through educational excellence and experiential learning. NIU is committed to fostering a campus environment that is conducive to academic success, a productive and enjoyable campus life, and thoughtful study and discourse. The Student Code of Conduct is intended to explain the behavioral expectations for students and create a fair and equitable process that holds students accountable through educational interventions and restorative practices.
The Northern Pact outlines the values of the NIU community and describes how you can help support them. We expect each member of the university community to agree to and follow the pact. By doing so, you can help us create a more caring, connected campus.
Curiosity and Creativity
Equity and Inclusion
Ethics and Integrity
Service and Responsibility
Pride in My Pack
I am a Huskie and I take pride in my pack. I support the values of the NIU community with my words and actions. By taking care of myself and others, I support the health and well-being of the entire university community.
Students are expected to adhere to the community standards of the Student Code of Conduct. All members of the NIU community, student or otherwise, bear responsibility for their own behavior.
The student conduct process is intended to hold students accountable through educational interventions and restorative practices. All members of our diverse student community are expected to comply with the Student Code of Conduct, which promotes equity and respect for all individuals. The university provides resources to help students understand and comply with these expectations.
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 independent. Procedures and rights in the student conduct process do not include the same standard of proof or due process. Students are entitled to a fair process, including the right to be informed of charges, the right to be heard, and the right to appeal decisions.
Any student who is subjected to the student conduct process has the following rights of due process:
The President and the Board of Trustees have delegated authority to the Vice President for Student Affairs for primary oversight and review of all student conduct matters. The Vice President for Student Affairs has designated the Office of Student Conduct and Housing and Residential Services to adjudicate student conduct incidents.
The Director of Student Conduct is the University Official with primary responsibility for oversight of the administration and investigation of all student conduct processes and incident adjudication. The Director of Student Conduct may delegate all or part of this responsibility to other individuals as appropriate and may take action to ensure fairness as necessary. The Director of Student Conduct will also assume responsibility for the investigation of allegations to determine if the complaint has just cause.
Student Conduct that occurs in the university owned residence halls or apartment complexes typically will be addressed by Housing officials who also function as conduct administrators in their role unless the nature of the alleged violation or the cumulative conduct record of the respondent will result in review for suspension, dismal or expulsion from the university. In suspension and expulsion level cases, the Director of Student Conduct or a designee will oversee the conduct process and adjudication of that case.
Faculty are responsible for managing the classroom environment but are encouraged to report allegations of disruptive behavior and academic misconduct to the Office of Student Conduct. Faculty who encounter continuous disruptive classroom behavior are also encouraged to follow the academic regulations procedures outlined in the NIU Undergraduate and Graduate catalog if necessary.
The Office of Student Conduct has no jurisdiction over decisions made by an instructor or faculty in academic programs or departments concerning but not limited to a student’s grades or status in an educational program.
NIU Students are provided a link to the NIU Student Code of Conduct on the NIU website annually. Hard copies are available upon request from the Office of Student Conduct. All students are responsible for abiding by the provisions of the Student Code of Conduct.
The Student Code of Conduct and the student conduct process applies to the behavior of all students, including those enrolled as incoming students, undergraduate, graduate, professional law students, or students at large. All students, including non-traditional and part-time students, are expected to adhere to these guidelines. The Student Code of Conduct also applies to student groups including recognized or unrecognized student organizations.
NIU retains jurisdiction under the Student Code of Conduct over enrolled incoming students and students who choose to, discontinue classes, take a leave of absence, withdraw, or have graduated for any misconduct that occurred prior to the leave, withdrawal, or graduation. If found responsible, a hold may be placed on the student’s ability to reenroll, obtain official transcripts and/or graduate. In general, all sanctions must be satisfied prior to reenrollment eligibility or reinstatement of the degree. This decision is at the discretion of the Vice President for Student Affairs or designee.
In the event of a charge of serious misconduct allegedly committed while still enrolled but reported after the respondent has discontinued classes at the University and or graduated, NIU may invoke these procedures and, should the former student be found responsible, the Vice President may revoke that student’s degree and block the release of transcripts.
The Student Code of Conduct applies to behaviors that take place on the campus, and/or at university sponsored events or programs. The Student Code of Conduct also applies off- campus when the Director of Student Conduct or designee determines that the off-campus conduct impacts and or substantially affects the interest of NIU as a University. A substantial NIU interest is defined to include but is not limited to:
Students may be charged under this Student Code of Conduct for engaging in behavior that violates federal, state, local laws , or ordinances whether such behavior takes place on or off campus and or whether civil or criminal penalties may also be imposed for such conduct. A violation of this policy is not based upon a final determination by a court of law. Therefore, it is not necessary for a student to have been found to have violated a federal, state, or local law by a court of law to be held accountable under the Student Code of Conduct.
Students are required to adhere to all campus policies that address specific behavior expectations including but not limited to the NIU Sexual Misconduct Policy, the Undergraduate and Graduate catalogs, and the Housing and Residential Life handbook. All allegations of sexual misconduct are adjudicated under the NIU Sexual Misconduct Policy. University policies in effect at the time of approval and thereafter when applicable incorporated into the Student Code of Conduct.
NIU is committed to freedom of expression as outlined in the Freedom of Expression Policy. All members of the NIU community are encouraged to engage in debate and deliberation in an effective and responsible manner without fear of retribution.
A student retains the rights, protection, guarantees, and responsibilities which are held by all citizens. NIU’s student conduct system does not interfere with, in intention or application, the constitutional rights and guarantees of students. Students are encouraged to not express themselves in a manner that may be deemed as harassment, retaliatory, abusive, bullying, cyberbullying, or in other ways that violates the Student Code of Conduct or interfere with another’s pursuit of their own rights and/or the normal operations of the university.
The Student Code of Conduct may be applied to conduct that occurs online, via email, or any other electronic medium. This applies to online postings such as blogs, web postings, chats, social networking sites. The university may take action if and when such information is brought to the attention of the university.
Guests of the students are expected to abide by the Student Code of Conduct. The student responsible for the guest may be held accountable for the actions of their guest if they violate the Student Code of Conduct. Students and guests are expected to adhere to the guidelines provided, including those related to student safety.
There is no time limit on reporting violations of the Student Code of Conduct; however, the longer someone waits to report an offense, the more challenging it becomes for university officials to obtain information and witness statements to make determinations regarding alleged violations.
All communication related to the Student Code of Conduct will be done through the NIU student email account. Students are responsible for reading and responding to all communication. In addition, students are responsible for updating their contact information (address, phone number, and emergency contact) in MyNIU.
The Student Code of Conduct does not normally apply to the following university relationships with students:
Any student with an accommodation through the Disability Resource Center (DRC) involved in the student conduct process has the right to request a reasonable accommodation to promote their full and equitable participation. Accommodations are inclusive and not limited to closed captioning for video conference meetings, bilingual and sign language interpretation. The Office of Student Conduct will coordinate appropriate services through the DRC. Accommodations are determined on an individual basis by DRC staff based upon appropriate documentation and consultation with the student.
NIU considers the conduct described in the following subsections as an infringement of the Student Code of Conduct and does not align with the core values set forth by the university. NIU encourages community members to report all incidents that involve the conduct described below:
Determination of whether the conduct or action rises to the level of disruptive behavior will be evaluated and assessed on an individual case by case basis with the consideration of the relevant conduct history, facts, and circumstances of the incident by the Office of Student Conduct.
For allegations of disruptive behavior in the classroom, it is strongly encouraged that the behavior is first addressed in a meeting between the instructor, faculty member, or department chair. Expectations for the classroom and behavior should be addressed in writing in the class syllabus.
Note: State of Illinois prohibits the carrying of firearms on college campuses, including NIU. Concealed carry permit holders are not allowed to possess or carry a weapon or firearm while attending class, working, or residing on NIU’s campuses in Dekalb, Naperville, Rockford and the Lorado Taft Field campus. Please see the NIU Department of Public Safety for more information about concealed carry and firearms.
Includes but not limited to the following:
The receipt or transmission of unauthorized aid on assignments or examinations, plagiarism, unauthorized use of examination materials, cheating or other forms of dishonesty in academic matters.
The term "cheating" includes but is not limited to the following:
Engagement in any behavior specifically prohibited by a faculty member in the course syllabus or class discussion.
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 and/or the use of the students’ previous assignments for another class without authorization by an instructor. Plagiarism also includes the unacknowledged use of materials prepared by another person or agency engaged in the selling of term papers or other academic materials.
Any alleged violation of federal, state, or local laws, regulations, or local ordinances is prohibited. Violation of any NIU policy not specifically stated in the Student Code of Conduct. This also includes State of Illinois Executive Orders when applicable.
The Smoke Free Campus Act, Public Law 98-0895 prohibits smoking on all state- supported higher education institutions including public university and community college campuses. See the Smoke Free Campus policy on the Department of Police and Public Safety website.
The procedure to adjudicate alleged incidents of academic misconduct is the same procedure outlined in both the Undergraduate and Graduate Catalogs and is detailed below to serve as a resource.
A faculty member has original jurisdiction over any instance(s) of academic misconduct that occurs in a course that the faculty member teaches.
The respondent shall be given the opportunity to resolve the alleged incident in a meeting with the faculty member, and if requested by the department chair. If the facts of the incident are not disputed by the respondent, the faculty member may elect to resolve the matter at the departmental level by issuing a sanction no greater than an F for that course. If resolution of the incident is achieved at the departmental level, the faculty member shall notify the respondent in writing or via email of the resolution, and the Office of Student Conduct shall receive a copy of the academic misconduct incident report and all supporting material indicating the final disposition of the case. This report shall be placed into the respondent’s student conduct record. The respondent shall be given an opportunity to view the completed academic misconduct incident report.
Regardless of resolution between a faculty member and a student about an allegation of academic misconduct, if a student is found responsible or accepts responsibility for more than one instance of academic misconduct during their time as a student at NIU, the Office of Student Conduct reserves the right to issue a charge of academic misconduct against the student. A responsible finding for this charge may carry additional nonacademic sanctions against the student. The respondent has the right to utilize the academic misconduct process laid out in this Code.
The faculty member or designee shall complete an academic misconduct incident report preferably within 30 calendar days of the alleged academic misconduct.
The faculty member shall send a copy of the academic misconduct incident report to the Office of Student Conduct and the respondent.
When the academic incident is referred to the Office of Student Conduct, a student conduct administrator will manage the incident according to the notice and preliminary review procedure outlined in the Student Code of Conduct. The Office of Student Conduct may institute new charges if additional information is brought forward after the resolution of the academic misconduct preliminary conference.
Sanctions, in addition to a letter grade of an F in the course, may be issued only by the Office of Student Conduct for cases involving academic misconduct.
Any student accused of academic misconduct who does not accept responsibility shall have their case heard by an Academic Misconduct Board.
Academic Misconduct Boards will be used for all academic misconduct cases and shall be comprised according to the following guidelines:
The student respondent and faculty complainant shall receive notice in writing and/or electronic form no less than three business days prior to the date and time of the Student Conduct board hearing.
All conduct hearings shall be closed hearings and not open to the public. The following people will be allowed to attend the entire hearing: the university presenter, faculty complainant, respondent, their advisor or observer (if any) and the board members. Witnesses will be allowed to be present only when they are providing testimony. Admission of any other person to the conduct board hearing shall be at the discretion of the hearing facilitator and must be approved by the Director of Student Conduct. Only theboard members will be present during the closed deliberations.
If an academic misconduct incident alleges to have more than one respondent, a joint hearing will be at the discretion of the Director of Student Conduct.
Information, pertinent records, exhibits, and written statements may be accepted as information for consideration by the board at the discretion of the hearing facilitator.
All questions must be relevant to the incident. The hearing facilitator will determine if the question is relevant and should be answered. All procedural questions are subject to the final decision of the hearing facilitator. Formal rules of process, procedure, and technical rules of evidence, such as those applied in criminal or civil court are not used in Student Conduct board hearings for academic misconduct.
After all information and evidence is presented in the hearing, the board shall determine whether the respondent is deemed responsible or not responsible for each alleged violation. The determination shall be made by majority vote of the board. The determination shall be made based on the preponderance of the evidence.
The Office of Student Conduct shall notify the respondent and the faculty complainant of the hearing decision in writing within two (2) business days after the decision is reached. The decision is binding. The Academic Misconduct Board does not have authority to modify or recommend a grade and may only impose sanctions outlined in the Student Code of Conduct. The decision shall include the finding(s) and the sanction(s).
There shall be a single verbatim record, such as an audio recording, of all hearings. Only the Office of Student Conduct may audio-record a hearing. Deliberations shall not be recorded. The records are the property of NIU and will be maintained by the Office of Student Conduct.
Non-attendance of a Respondent: It is the responsibility of the respondent student and faculty complainant to attend the scheduled hearing. Non-attendance of the respondent student will not impact the hearing process.
Grade Appeal for Academic Misconduct: Any respondent who wishes to appeal the grade in a course may do so by following the rules outlined in the Policy Library.
This overview gives a general idea of how the NIU Student Conduct proceedings work, but it should be noted that not all incidents are of the same severity or complexity. The procedures are flexible and are not the same in every situation, though consistency in similar situations is a priority. The student conduct process and all applicable timelines commence with written notice from the Office of Student Conduct of an alleged violation of the Student Code of Conduct. This notice shall be sent to the student’s official NIU (ZID) email. Student organizations will be notified through the email address filed with the university and the student organization president. Organizational advisor(s) will be copied on such notifications.
Once an allegation is received from any source, the Office of Student Conduct may proceed with an investigation and/or may schedule an initial Preliminary Review meeting, with the respondent to explain the student conduct process and gather information.
Different types of information may be collected during an investigation or presented during a hearing. This information may include direct evidence, which is based on personal observation or experience. Evidence may be circumstantial, which is information that does not include an eyewitness to the actual event but does include enough information to lead a reasonable person to the conclusion that the individual did what they are alleged to have done. Evidence may include documents, which include supportive writings or statements, reports, etc., that support or deny the allegation. Evidence may also be secondhand or “hearsay” evidence. Evidence may be demonstrative, which is information such as video footage, photographs, and voice recordings collected in the investigation.
The university is not bound by formal rules of evidence; however, evidence shall be reliable. Evidence or information that may not be admissible in a court of law may be admissible in the conduct process. It is up to the adjudicator to decide what information is relevant and admissible as part of a hearing. It is also up to the adjudicator to decide the credibility and relevance of information and the weight that they will assign to that information.
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 adjudicator that the respondent did or did not violate the Student Code of Conduct. There may also be ambiguities and contradictions which require the adjudicator to decide 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.
The burden of proof refers to who has the responsibility of showing a violation has occurred. It is always the responsibility of the university to satisfy the burden of proof. The respondent does not have the burden to prove that a violation did not occur. A respondent may decide not to share their side of the story or may decide not to participate in the hearing or an investigation. None of these decisions shift the burden of proof away from the university and does not indicate responsibility nor will it result in increased sanctions if the respondent is found responsible for the accusations.
NIU conducts an initial meeting to address the alleged violation and the nature of the incident, complaint, or notice, the evidence available, and to assess the information of the parties and witnesses involved. The respondent is granted three calendar days’ notice before the scheduled preliminary review meeting.
The preferred method to document meetings and hearings is by audio recording. The audio recording provides a verbatim record of the conversation. The recording file is uploaded into the case file, and the student is entitled to a copy of the recording. The audio recording will only be used to identify discrepancies which present themselves during the course of the conduct process. The Conduct Administrator will seek permission from the student before audio recording any meeting. A student has the right to decline permission to audio record the meeting without penalty. If a student does not give permission to record the meeting, another staff member will be asked to witness the conversation. No other party may audio record the meeting beyond the conduct adjudicator.
When a Preliminary Review is held, the possible outcomes are but not limited to:
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 adjudicator of the case.
The adjudicator may also decide to move a case to a board hearing when the circumstances of an incident are found to be best adjudicated by a student conduct board.
If a decision on the allegation is made and the finding is that the respondent is not responsible for violating the Student Code of Conduct, the case will be dismissed, and the process will end. An official dismissal notification letter will be sent to the student via their student email.
If the Conduct Administrator determines that it is more likely than not that the respondent is in violation, and the respondent accepts the decision, it is considered a resolution and the finding and sanctions will be issued in writing. If the respondent rejects the finding and/or sanctions, it is considered a contested allegation by the respondent and the process will move to a formal hearing.
The Conduct Administrator will complete a case resolution form. The case resolution form will contain a list of the alleged violation(s), finding(s) and sanctions. The case resolution form will contain one or more of the following resolution options:
The Conduct Administrator will provide the respondent with a summary notice to complete the imposed sanctions and will follow up at the appropriate time to ensure completion of the imposed sanctions.
A respondent will have up to five (5) business days to change their decision on the resolution initially agreed to on the case resolution form. After five (5) business days from the date on the case resolution form, the decision is final and no change may be made.
If the student is present, they may request an administrative hearing officer hearing or student conduct board hearing. The final decision is at the discretion of the conduct administrator.
If the respondent fails to appear for the Preliminary Review after being notified of the alleged violation, the Conduct Administrator will assess the information and make a decision based on the preponderance of evidence of the case. The respondent will be notified of a decision and given five (5) business days to submit an appeal request of the decision. After five business days, the decision is final, and no change may be made.
When resolution does not occur during the Preliminary Review, a hearing will be held before a hearing officer or student conduct board.
If the student is found in violation of the Student Code of Conduct, sanctions will be determined by the hearing officer or Student Conduct board. The findings and sanctions will be communicated to the respondent within two business days of the hearing officer or board reaching a decision.
In cases where the respondent acknowledges a violation and where the involved parties have expressed a desire to bring a joint resolution to the incident, the case may be referred to a restorative conference. The Director of Student Conduct has the discretion to refer a complaint for a restorative conference when appropriate. The following process will be used for the restorative conference process:
Administrative Hearing Officers are chosen from a pool of annually trained administrators, staff members, and graduate students, appointed and selected by the Vice President for Student Affairs or designee.
The Director of Student Conduct will be responsible for assembling a conduct board according to the following guidelines. Within the student conduct process, there are three (3) different types of conduct boards: a Student Conduct Board, an Academic Misconduct Board, and an Appeal Review Board. The membership of a board is selected from a pool of students, faculty, and staff who are trained annually through the Office of Student Conduct. Hearing Officers and Board Facilitators are appointed by the Vice President for Student Affairs or designee.
Appeal Review Boards are drawn from the student conduct board pool with the only requirement being that they did not serve on the board for the initial hearing. Appeal Review Board members are trained annually through the Office of Student Conduct. Appeal Review Boards will review appeal requests assigned by the Vice President for Student Affairs or designee.
Any member of the NIU community, visitor, or guest may report an alleged policy violation for any student by submitting a written report via the NIU Web Site at Report an Incident NIU Student Conduct, phone, email, or in person at the Office of Student Conduct.
Once an alleged violation has been determined, the respondent will be given no less than three (3) calendar day notice for the scheduled preliminary review. The notice will be in writing and delivered via the university-issued email address. Other means of delivery may include delivery in person by the staff of the Office of Student Conduct (or designee), delivery by mail to the local or permanent address of the student or organization as indicated in official NIU records, or delivery by email to a non-university email address confirmed by the student as their personal email account. Once delivered, such notice will be presumed delivered. The letter of notice will include:
Additionally, administrators may act on notice of a potential violation on behalf of the university at large, regardless of whether a formal allegation is made. All allegations of misconduct should be submitted as soon as possible. NIU as an entity has the right to pursue an allegation of a student conduct violation on behalf of the university, student, faculty, staff, or campus partner.
Once it is determined that a complaint will go to a hearing. Formal notice will be given to the respondent via student email.. Other means of delivery may include delivery in person by the staff of the Office of Student Conduct (or designee), delivery by mail to the local or permanent address of the student or organization as indicated in official NIU records, or delivery by email to a non- university email address confirmed by the student as their personal email account. The letter of notice will include an explanation of the alleged violations, hearing date, time, and location of the meeting. Once communication is delivered, notice will be presumed delivered.
A hearing will be scheduled for any allegation which is not resolved during the Preliminary Review. It is at the discretion of the conduct administrator to have the matter resolved with a hearing officer or a student conduct board hearing, this will depend on the type of incident and availability of conduct board members within the semester. The respondent will be given a minimum of three calendar days’ notice of the scheduled hearing.
In cases where the Student Conduct Board or hearing officer recommends suspension or expulsion as the appropriate sanction, the Director of Student Conduct or designee will present the sanction in writing to the Vice President for Student Affairs or their designee within two business days. The recommended sanction will be reviewed by the Vice President for Student Affairs or their designee before being finalized. The Vice President may accept or reject the recommendation. If rejected, the Vice President for Student Affairs may assign alternative sanctions.
Interim actions, such as temporary suspension or restrictions, are implemented when necessary to protect the NIU community or ensure the integrity of an ongoing investigation. These actions are reviewed regularly and can be modified or lifted based on new information.
Interim actions are implemented when it is determined that a student presents as an imminent danger to the health, safety, and or welfare to self, other students, or the university community, represents a threat of serious physical, psychological, or emotional harm to others, is facing allegations of serious criminal activity, to preserve the integrity of an investigation, to preserve university property and/or to prevent disruption of, or interference with, the normal operations of the university, the Vice President for Student Affairs or their designee may implement an interim action. The interim action will remain in effect pending final disposition of the case.
Interim actions may include, but are not limited to, a no contact order between students, temporary removal from the university community, temporary suspension of the right to access specific areas of campus or NIU related activities, and other interim actions as deemed necessary. Interim measures for Title IX matters will be processed through the Ethics and Compliance Office.
Students or recognized student organizations receiving an interim action may request an appeal of the interim action by submitting their request in writing to the office of the Vice President for Student Affairs or designee. Requests for an appeal of interim actions must be submitted within two business days of receipt of the interim action, in writing. The student or recognized student organization will be given the opportunity to present and justify their grounds for appeal of an interim action.
The Vice President for Student Affairs or a designee will issue a decision in writing, normally within five (5) business days of completion of the appeal review. The decision will be to sustain, lessen, increase, or remove the interim action(s), and it will be based on the material from the review and other relevant information (e.g., the student’s recognized student organization’s conduct file). There is no appeal of this decision. This time frame may be reasonably extended by the Vice President for Student Affairs or a designee when appropriate.
Once issued, interim actions issued by Student Conduct may only be modified or removed by the Vice President for Student Affairs or designee. Any interim action that is either upheld or modified by the Vice President for Student Affairs or designee will remain in effect until the final resolution of the student conduct process. Student Conduct has the authority to remove any interim action upon final resolution of a case in which any interim action(s) was issued.
After the interim action is implemented, the following process will proceed:
NIU reserves the right to exercise its authority of interim action, even upon notification that a student is facing criminal investigation and/or complaint.
Amnesty aims to remove the barriers that may prevent an individual from seeking help for themselves or other individuals in need of medical attention or facing a safety risk, reporting a student conduct incident, or participating as a witness in an investigation with the university. If an individual reports a student conduct related incident, in good faith, or participates in an investigation as a witness, the Office of Student Conduct may choose to not pursue disciplinary action for that individual for a separate university policy violation (such as underage drinking) that is revealed in the course of the report or formal student conduct process. However, if the separate violation was egregious, including, but not limited to an action that places the health or safety of any other person at risk, amnesty may not be afforded by the Director of Student Conduct. The Director of Student Conduct or designee shall determine if a student or recognized student organization is eligible for amnesty under this provision.
Sanctions are designed, including any pursuant to an interim action, with the intent of holding students responsible through educational accountability. To encourage student development, understanding and the impact of their behavior. To protect individuals, property, normal operations, and the integrity of the university.
Any sanction should be proportionate to the severity of the violation of the Student Code of Conduct and the cumulative behavioral history of the student.
Any assigned sanction may be implemented for a specified period as in the student conduct process. Any subsequent violation of university policy, rule, regulation, or law may show cause for a sanction to be implemented or extended. The sanction will not be lifted until the assigned deadline and the student successfully completes all assigned sanctions. A Conduct Administrator, Hearing Officer or Conduct Board may impose but are not limited to one or more sanctions from the list below:
The outcome of a hearing is part of the educational record of the respondent and is protected under the Federal Education Rights and Privacy Act (FERPA), except under certain conditions.
Pursuant to the Family Educational Rights and Privacy Act and the Drug Free Schools and Communities Act, the Office of Student Conduct may send written notice to the parents and/or legal guardians of a student under twenty-one years of age who is found to be responsible for violating any state or local laws pertaining to possession, consumption, or inappropriate sale of any alcoholic beverages or controlled substances.
Parents and/or legal guardians may be notified in cases where NIU determines through the Student Conduct process that a student violated a policy that would constitute a “crime of violence.” FERPA defines “crimes of violence” to include arson, assault offenses burglary, criminal homicide, manslaughter by negligence, murder, non-negligent manslaughter, destruction/damage/vandalism of property, kidnapping/abduction, robbery, forcible sex offenses, and non-forcible sex offenses.
For conduct cases involving physical abuse where an individual experienced bodily harm, if requested, the victim/survivor may request a written notice of the finding in the investigation as it relates to the respondent.
All students, student organizations and groups, as members of the NIU community, are expected to comply with sanctions within the time frame specified by the board or hearing officer. Failure to follow through on sanctions by the date specified, whether by refusal, neglect, or any other reason, may result in additional charges, and/or reinstatement of lifted sanctions as a result of any appeal or other reason.
Upon receiving the hearing decision notice, the respondent will have five (5) business days to submit an appeal. The respondent submitting the appeal must present a formal written appeal that specifically articulates one or more of the grounds for appeal. Missing a scheduled preliminary review or hearing does not constitute grounds for an appeal. Appeals cannot be submitted by a third party on behalf of the respondent. An appeal will not have merit simply because the person submitting the appeal disagrees with the original outcome. Once an appeal is submitted, it is reviewed by the Appeal Reviewer. A hearing decision is considered final if an appeal is not submitted within the specified time. While an appeal is pending, the Respondent must comply with all sanctions and restrictions from the hearing decision, unless otherwise specified by the Vice President. Appeals of suspension or expulsion must be approved and reviewed by the Vice President or a designee.
An appeal is limited to a review of the supporting information and record of the hearing that was evaluated in the decision-making process of the hearing. New information will only be considered if the Appeal Reviewer determines that the information was not available at the time of the hearing. The appeal will only be granted on one or more of the following grounds for an appeal:
The Appeal Reviewer will examine the appeal and the record of the hearing to determine one of the following actions:
The Appeal Review Board members are drawn from the Hearing Board members with the following requirements to serve:
Cases referred to an Appeal Review board will be limited to the examination of the record and supporting information of the case. The Appeal review board will be responsible for assessing the case for procedural errors that should be corrected, review and consider new evidence, make any necessary modifications and render a decision, sanctions should be proportionate to the severity of the violation and cumulative record. The decision of the Appeal Review Board should be made within ten (10) business days of submission to the Board. If this timeline is not obtainable, it may be further delayed with the approval of the Vice President for Student Affairs. Decisions of the Appeal Review Board are final. Once a decision has been reached, the student will receive written notice to the respondent within two business days of a decision being reached. The Vice President for Student Affairs or designee will have final authority to approve all those serving on the appeal review board.
The Office of Student Conduct will maintain student records which contain all necessary and appropriate documents related to Student Conduct matters. Material deemed unnecessary may be discarded at any time.
Other circumstances outside the Student Conduct process may require retention of the record for a longer period including a directive to retain records issued by the Office of General Counsel. Cases resulting in expulsion may be retained for a longer period.
NIU requires written consent from the student in order to release any conduct related records. The only exceptions to this guideline are those outlined in the Family Educational Rights and Privacy Act of 1974.
The role of the Student Conduct advisory board shall be to assist with review and recommendations for changes to the Student Code of Conduct
The membership of the Student Conduct Advisory board shall include the following:
All members of the Student Conduct advisory board are expected to attend all scheduled meetings.
The Director of student conduct shall chair the student conduct advisory board.
Procedural rules for the administration of hearings will be developed that are consistent with the provisions of the Student Code of Conduct. A material deviation from these rules will only be made as necessary and may include reasonable notice to the parties involved either by posting online and/or in the form of written communication. Procedures may vary with notice upon determining that changes to law or regulation require policy or procedural alterations not reflected in the Student Code of Conduct. Minor modifications to a procedure that do not materially jeopardize the fairness owed to any party may be made at the discretion of the Director of Student Conduct as appropriate. Any question of interpretation of the Student Code of Conduct will be referred to the Vice President for Student Affairs or designee, whose interpretation is final.
The Student Code of Conduct and related Policies and Procedures shall be reviewed at least every other year following adoption of this Code. The Student Code of Conduct and related Policies and Procedures shall be updated as necessary to comply with applicable law, policy, or regulation. The review process shall be coordinated by the Vice President for Student Affairs or designee and shall utilize the Student Conduct Advisory Board to review such changes with recommendations thereafter made to the Vice President for Student Affairs.
Policy Library
815-753-5560
policy-library@niu.edu