| Policy Approval Authority | President |
| Responsible Division | Division of 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 | 10-06-2023 |
| 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. The NIU community 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 Office of Student Conduct within the Division of Student Affairs is charged with administering an educational and developmental student conduct process that is based upon the mission, vision, goals, and values of NIU. The Office of Student Conduct is committed to a fair and responsive resolution for each student conduct case, consistent and equitable treatment of all participants in the process, full consideration of the unique circumstances of each individual case, and the use of restorative practices as appropriate to the situation.
The Northern Pact outlines the expectations we have for student members of our community. It is an expectation that everyone makes a commitment to uphold and practice these principles, we will have the collective benefit of a culture of care, accountability, pride, and connectedness.
The Northern Pact outlines the values of the NIU community and describes how you can help support them. Weexpect 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.
Student members of the community 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 andrestorative practices. It is designed to serve our students through utilizing educational programming, conflict mediation, and restorative conferencing.
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 acourt process are not dependent. Procedures and rights in the student conduct process do not include the same standard of proof or due process.
Any student who is subjected to the student conduct process has the following rights of due process:
The vice president for Student Affairs is vested with primary oversight and review of all student conduct matters by the president and the board of trustees. 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 responsible for final oversight of all conduct and incident adjudication. The vice president of Student Affairs or designee may appoint administrative hearing officers and student conduct board members to facilitate the hearing process. The director of Student Conduct will also assume responsibility for the investigation of allegations ofmisconduct to determine if the complaint has merit.
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 provisionsof the Student Code of Conduct.
The Student Code of Conduct and the student conduct process applies to the behavior of enrolled incoming students, undergraduate, graduate, or professional law students, student groups including recognized or unrecognized student organizations.
NIU retains jurisdiction under the Student Code of Conduct over enrolled incoming students and also 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 sanctioned, a hold may be placed on the student’s ability to reenroll, obtain official transcripts and/or graduate. All sanctions must be satisfied prior to reenrollment eligibility, reinstatement of the degree or a student must be approved to do so 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 may also apply 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, or local laws or ordinances whether such behavior takes place on campus or off-campus or whether civil or criminal penalties may also be imposed for such conduct. A violation of this policy is not predicated 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.
All allegations of Sexual Misconduct are adjudicated under the NIU Sexual Misconduct Policy. Likewise, other distinct policies that address specific issues are adjudicated as it is stated in that policy. Such policies are available for your review in the Undergraduate and Graduate catalogs, the Residence Hall handbook, or other handbooks that are officially adopted and promulgated by the university or any of its entities and are also available in the NIU Policy Library. Other policies may be adopted by the university or the Board of Trustees from time to time and are effective at the time of adoption and thereafter incorporated by reference into this document.
The university fully recognizes the right of all students to debate, seek knowledge, peacefully protest, and freely express their ideas. Discourse and disagreement are fundamental components of any academic endeavor and students will not be subject to disciplinary action for their lawful expression of ideas. NIU is committed to freedom of expression and open discussion in all matters of public interest and is further committed to assuring all members of the university community have the privilege to speak, write, listen, challenge, and learn.
NIU values all individuals and their rights. NIU encourages meaningful dialogue and a respectful exchange of ideasand opinions so that the voices of every student, faculty, staff, and visitor to our campus can be acknowledged.
A student retains the rights, protection, guarantees, and responsibilities which are held by all citizens. The university’s student conduct system does not interfere with, in intention or application, the constitutional rights and guarantees of students. However, students are not permitted to 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.
Students should also be aware that online postings such as blogs, web postings, chats, social networking sites, as well as media yet to be developed, are in the public sphere and are not private. The Student Code of Conduct may be applied to conduct that occurs online, via email, or any other electronic medium. Postings can subject a student to allegations of standards violations if evidence of policy violations is posted online. NIU does not normally seek out this information but may act if and when such information is brought to the attention of NIU officials.
Guests of community members whose hosts may be held accountable for the misconduct of their guests may also be subject to the Student Code of Conduct if their behavior poses a concern for the campus community. Visitors and guests of NIU may seek resolution of violations of the Student Code of Conduct committed against them by studentmembers of the NIU community.
There is no time limit on reporting violations of the Student Code of Conduct; however, the longer someone waits toreport an offense, the more difficult it becomes for NIU officials to obtain information and witness statements to make determinations regarding alleged violations.
NIU email is the university’s primary and official means of communication with students. Students are responsiblefor reading and responding to all communication delivered to their NIU email address Students are responsible for updating their contact information in MyNIU. All communication related to the Student Code of Conduct will bedisseminated through the NIU student email address assigned to the student.
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 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 Disability Resource Center (DRC). Accommodations are determined on an individual basis by DRC staff based upon appropriate documentation and consultation with the student. Please see more information about types of accommodations on the Disability Resource Center website.
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 allincidents that involve the conduct described below:
Cyber-bullying may include behavior that is directed toward another student, group, student organization, faculty or staff member, or other campus partner that has or can be reasonably perceived to have the effect ofone or more of the following:
For allegations of disruptive behavior in the classroom, it is strongly encouraged that the behavior is firstaddressed in a meeting between the instructor, faculty member, or department chair. Expectations for the classroomand 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 website 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:
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 onthe 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. Nothing in the Student Code of Conduct shall supersede information in either the Undergraduate or Graduate Catalogs.
A faculty member has original jurisdiction over any instance(s) of academic misconduct that occurs in a course that the faculty member teaches.
The accused student 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 accused student, 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 accused student 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 accused student 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 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, accused student, their advisor (if any) and conduct 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. Only the members of the academic misconduct board will be present during deliberations.
If an academic misconduct incident alleges to have more than one accused student, 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 accused student 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 accused student and the faculty complainant of the hearing decision in writing within two 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 record is the property of NIU and will be maintained by the Office of Student Conduct.
It is the responsibility of the respondent student and faculty complainant to attend the scheduled hearing. The nonattendance of the respondent student will not impact the hearing process.
Any accused student 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 situations 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 a preliminary inquiry into the nature of the incident, complaint, or notice, the evidence available, and the parties and witnesses involved. The respondent is granted three calendar days’ notice before the scheduledpreliminary review.
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 acopy 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.
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 business days to change their decision on the resolution initially agreed to on the case resolution form. After five 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 appeal 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 jointly bring 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:
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 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. NIUas 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. 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 an explanation of the alleged violations, hearing date, time, and location of the meeting.
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.
Procedures for Cases Adjudicated by a Hearing Officer
Procedures for Cases Adjudicated by a Student Conduct Board
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 vicepresident 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.
The vice president or a designee has the authority to issue interim actions. In a situation where 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 students or designee will issue a decision in writing, normally within five 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 StudentAffairs 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 will 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 accountable 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. Provision of incomplete or fraudulent information upon which sanctions were lifted or rescinded will result in those sanctions being automatically reinstated, pending a hearing on charges resulting from the provision of such incomplete or fraudulent information.
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 thegrounds 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:
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 documentsrelated 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 thisguideline 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
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 updatedas 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.
Academic Misconduct Board: A panel of trained individuals, led by one hearing officer who will facilitate the hearing. The academic misconduct board is made up of one student and two faculty members trained to determine responsibility for academic misconduct alleged violations of the Student Code of Conduct only.
Adjudication: The process by which the university conducts disciplinary meetings, hearings, or other actions, bringing matters to resolution.
Advisor: Any person who advises a student or student organization regarding student conduct policies or procedures. The advisor provides guidance and coaching throughout the student conduct process. An advisor is not permitted to represent the student at any time nor be related to or involved in a present or any related case.The Office of Student Conduct provides training for advisors. Students are not required to utilize a trained advisor.
Appeal: A request to review and reconsider a hearing decision. The method by which a Respondent can challenge a hearing. All appeals must be submitted in writing to the Office of Student Conduct and may only be considered ifit is in accordance with the criteria for an appeal as stated in the NIU Student Code of Conduct.
Appeal Review Officer: Designee of the vice president for Student Affairs to review an appeal.
Appeal Review Board: A panel of 2 to 3 individuals, selected from among the members of the Student Conductboard, to review and determine appropriateness of appeals within the student conduct process and determine the final decision on the case.
Business Days: Monday through Friday when the campus is open for business. All parties should consult the official university calendar to determine which days the university is open for business.
Complainant: A person(s), department or official entity of the university, or student organization who submits a complaint or report alleging that a student or student organization violated university rules, regulations, or policies.
Director of Student Conduct: The individual responsible for logistics and procedures associated with the Student Conduct process; the director may simultaneously serve as a hearing officer. The director (or designee) is also responsible for reviewing and approving the decision of a hearing officer or conduct board.
Educational Intervention: Steps taken to provide education through dialogue, conferencing, resources, informationand or an action plan to encourage accountability of a student, group or student organization.
Facilitator: A trained hearing officer who will coordinate and lead the conduct board meeting. They are responsible for submitting the finding once the board has reached a collective decision.
Good Standing: A student who has no pending, unresolved or incomplete disciplinary sanctions, actions or matters in place with the Office of Student Conduct.
Hearing Officer: Any university faculty, staff, or student who has been appointed to a Student Conduct decision-making role by the vice president for Student Affairs. Training is provided through the Office of Student Conduct.
Incident Report: A complaint that is filed with and reviewed by the Office of Student Conduct and may be adjudicated through the Student Conduct process. An incident report may be a written or electronic statement or report provided by any person to the Office of Student Conduct. Not all complaints result in incident reports or adjudication through the Student Conduct process.
Mediation: The process of two or more students or student organizations coming together to amend andreconcile a conflict with the assistance of a trained mediator.
No Contest: Response to a violation when a respondent does not challenge the information contained in the written report and information considered in a conduct matter, but accepts the sanctions offered by the Preliminary review. The option for “no contest” is only available to respondents who are facing concurrent criminal charge(s) at the time of the preliminary conference.
Non-student: An individual who is not registered for classes and has no intent to enroll in classes at the university.
Observer: A person chosen by the complainant or respondent to provide support to them throughout the conduct process. The observer cannot actively participate in the conduct process but can be present duringmeetings such as the preliminary review and hearing. The observer cannot be involved in the incident in question.
Organization: Organizations that include, but are not limited to, any of the following: a fraternity, sorority,association, corporation, order, society, team, club, or service, social, academic, or similar group, whose members are students at the university. Throughout this document, the use of the term student or students will also apply to organizations.
Preliminary Review: A meeting to conduct a review into the nature of the incident, complaint, or notice, the evidence available, and the parties and witnesses involved. A staff member will conduct the initial reviewmeeting with the respondent and determine if sufficient evidence exists to believe the respondent is likely responsible for an alleged violation.
Preponderance of Evidence: The standard of proof used in all student conduct processes whereby it is determined that it is more likely than not that the respondent committed the alleged violation of the Student Code of Conduct based on the adjudicator showing proof by offering evidence that demonstrates truth greater than 50%.
Plagiarism: Plagiarism is a type of cheating that involves the use of another person's ideas or work as one's own, in whole or in part, without acknowledging the author or obtaining their permission. Plagiarism is not limited to written text, but also applies to other works, such as ideas, designs, art, music, etc. Students can plagiarize in several ways, as explained in more detail at this university website.
Referral: Any document which contains information regarding an alleged violation of the Student Code of Conduct. This includes but is not limited to reports referred by the Ethics and Compliance Office, police and or other incident reports submitted to the Office of Student Conduct.
Respondent: A student, student group or student organization who is alleged to have violated the Student Code of Conduct. In the case of a student group or student organization, the president or other leadership member will participate in the student conduct process on behalf of their group or organization.
Restorative conference: A mediated dialogue between the respondent(s) and the student(s) who experienced harm. The purpose of the mediation is reconciliation and to provide the harmed individual with the opportunity toheal and for the respondent to take responsibility for repairing any harm caused by the incident. At the conclusion of the conference, the written agreement that outlines specific actions that will be taken by the respondent will be established if necessary.
Sanction: Requirements and measures set forth upon a finding of individual/organizational responsibility for a violation of university rules, regulations, or policies related to the Student Code of Conduct.
Student: Any person who has a been accepted to, or enrolled at the university in any of its courses, programs, campuses, or offerings, including, but not limited to, internships, cooperative programs or offerings with other institutions for whom a record is made at the university by the registrar or which is submitted to the university for admission or transfer credit, or during periods between semesters when the person is expecting to attend the subsequent regular semester (fall or spring).
Student Conduct Board (also called a hearing board or board): A panel of trained individuals, led by one hearingofficer who facilitates the hearing. The Student Conduct Board is made up of one student and two faculty or staff members trained to determine responsibility for nonacademic alleged violations of the Student Code of Conduct.
Student Conduct Record: The record of a Student Conduct process and its findings. All disciplinary records are considered educational records as defined by the Family Educational Rights and Privacy Act (FERPA).
University Presenter: The Student Conduct staff member who represents the university in regard to an allegedviolation of the Student Code of Conduct. This staff member will present information regarding the case to the student conduct board or administrative hearing officer. The university presenter may assist in the hearing process when necessary.
Witness: Any person within the NIU community who has information relevant to an alleged incident or anynon-campus community members with information about the alleged incident.
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