Disciplinary Process

Behavioral Standards Committee

The Behavioral Standards Committee (BSC) is a standing committee of the University composed of representatives from each program as well as student representatives from the program where the alleged complaint originates. The purpose of the Behavior Standards Committee is to:

1. Review policies related to student conduct, sanctions for misconduct, appeals, and procedures for accepting, investigating, and hearing allegations of student misconduct.
2. Conduct hearings on allegations of student misconduct, as requested by the Dean of Students, or their designee, and report findings and recommendations to the Dean of Students.

The complete committee structure and function can be found in Appendix II. The Behavioral Standards Committee does not consider complaints of Sexual Harassment or Sexual Violence. Refer to the Student Handbook for the complete Title IX policy. 

Hearing Process and Procedures

Notice of Charges

If the matter is referred to the Behavioral Standards Committee for review, the Dean of Students, or their designee, will provide a written “Notice of Alleged Misconduct and Referral to the Behavioral Standards Committee” to the student which describes the charges facing the student, along with any supporting documentation as appropriate. For matters not immediately referred to the Committee, the Dean of Students, or their designee, will send a "Notice of Alleged Misconduct & Preliminary Investigation." These notices and documents will be sent by email to the student's official NWHSU email address, and will be considered received by the student on the date that they are sent.  

Once the Behavioral Standards Committee hearing date is scheduled, the Dean of Students will provide a written "Notice of Hearing Date" to the student designating the date the hearing will take place and the hearing procedures. The Behavioral Standards Committee will make every effort to conduct a hearing within 15 class days, not including term breaks, following the date of referral from the Dean of Students, or designee. In cases where matters are not immediately referred the Behavioral Standards Committee, a meeting deadline will be established in the "Notice of Alleged Misconduct & Preliminary Investigation."

The Behavioral Standards Committee will receive a copy of the Notice of Alleged Misconduct and Referral to the Behavioral Standards Committee, along with any supporting documentation. The Committee may also be briefed by the Dean of Students, or designee, to fully describe the alleged misconduct, and any information gathered through a preliminary investigation.

Findings

Matters handled under a Preliminary Investigation process may be resolved by the Dean of Students, or referred to the Behavioral Standards Committee for additional review. 

The Dean of Students and the Behavioral Standards Committee will utilize a "preponderance of evidence" standard to determine if it is more likely than not that there has been a violation of the Standards of Conduct.

The Behavioral Standards Committee will prepare written findings, which specifically state their findings on each misconduct allegation, the University policy violated by any conduct violations, and the recommended sanction(s), if any.

All Behavioral Standards Committee findings and recommended sanctions will be reported to the Dean of Students who will impose any sanctions. These sanctions may take into consideration any past conduct violations of the student. A letter of findings and sanctions, if any, will subsequently be placed in the student's file, and forwarded to the student. The Dean of Students will forward a copy of the final decision to the Behavioral Standards Committee. The other involved parties (students, faculty) cannot be informed about the final decision/sanction except under the following limited circumstances:

1. If the knowledge is necessary to protect the health and safety of the student or other persons;
2. If the other involved students are alleged victims of a crime of violence that student may receive the final results of any disciplinary proceeding against the alleged perpetrator of the offense. The “final result” is limited to the name of the student, the violation and the sanction;
3. If following the exhaustion of all appeals the final result of the BSC hearing is a conclusion that a crime of violence occurred in violation of the institution’s rules of policies.

Should a student withdraw from the University prior to the completion of the disciplinary process, the Dean of Students will make a decision, depending on the nature of the alleged misconduct, whether to pause the Preliminary Investigation or Behavioral Standards Committee review process, or proceed with the process following the student's withdrawal. Should the process be paused, it will resume when and if the student enrolls in classes at NWHSU in the future.

Sanctions

Sanctions for misconduct will be imposed by the Dean of Students, or their designee. Sanctions may include any of the following, singly or in combination:

1. Interim Suspension

   A student may be immediately suspended from any and all classes, clinics, and other University activities, and barred from entering University property. This action may be taken if the Dean of Students determines that misconduct has occurred or that the student's continued presence on the campus presents unreasonable risk of danger to the student, to others, or to the community. This sanction may be imposed prior to the completion of the disciplinary process, and a student so sanctioned must leave the campus immediately and may not return without permission from the Dean of Students, pending the completion of the process. Any conduct investigation which involves Interim Suspension will be referred for formal review by the Behavioral Standards Committee.

2. Warning

   An official sanction, given verbally and/or in writing notifying the student of their misconduct and warning that subsequent infractions may result in additional sanctions.

3. Disciplinary Probation

   An official sanction that places the student in a status such that any subsequent misconduct during the period of probation will result in additional discipline, including, but not limited to, Disciplinary Suspension or Disciplinary Dismissal. The Dean of Students determines the period of probation.

4. Disciplinary Class Suspension

   An official sanction that prohibits the student from attending a particular class and receiving credit for a specific period of time up to and including the remainder of the trimester. Notification of suspension will be sent to appropriate University offices including the Registrar and Financial Aid. Notation of suspension may appear on the student's transcript.

5. Removal from class or clinic

   Removal from a class or clinic if it is determined that a student’s continued presence interferes with the orderly continuation of a class or a clinic setting.

6. Disciplinary Suspension

   An official sanction that prohibits the student from attending the University for a specific period of time. Upon expiration of the suspension, the student must present a written request to the Dean of Students for readmission at least two weeks before the first day of classes of the term the student wishes to reenter.

   The Behavioral Standards Committee and the Dean of Students will review the suspension and determine if the student is to be allowed to reenter at that time. Students reentering following Disciplinary Suspension are placed on Disciplinary Probation for a period determined by the Behavioral Standards Committee and the Dean of Students. Notification of suspension will be sent to appropriate University offices including the Registrar and Financial Aid. Notation of suspension may appear on the student's transcript.

7. Disciplinary Dismissal

   An official sanction permanently prohibiting the student from attending the University. This sanction applies to academic programs of the University, including continuing education. Notification will appear on the student's transcript and appropriate offices and individuals will be notified.

8. Restricted Access

   An official sanction temporarily or permanently restricting access to a University space (owned, leased, rented, utilized, or otherwise controlled) or activity. 

9. Alternative and Educational Sanctions

   The Dean of Students may impose, or the Behavioral Standards Committee may recommend, other sanctions with conditions such as financial restitution, payment of a fine, or performance of a service project, reflection activity, or training session. Service projects may include, but are not limited to, University work projects, a designated number of hours working in various campus administrative offices, or performing community service off campus. Parking or other vehicle violations may result in restriction of parking privileges or towing of an automobile at the owner's expense.

Appeals

Students may appeal the decision and/or sanction(s) issued under the disciplinary process under the following conditions:

1. To determine whether the investigation and/or disciplinary processes have not been appropriately and fairly followed. Deviations from designated procedures will not be a basis for sustaining an appeal unless it can be demonstrated that such deviation had a significant impact on the process or the findings.
2. To determine whether the determination made was based on substantial information, that is, whether there were facts presented that were sufficient to establish that a violation of the Student Code more likely than not occurred.
3. To review new information that was not available at the time of the investigation or hearing. Information that was purposefully withheld during the investigation and hearing processes will not be considered in the appeal decision.
4. To determine whether the sanction(s) imposed were appropriate for the violation of the Standards of Conduct which the student was found to have committed.

To appeal a decision by the Dean of Students, a student must submit a written request for a review, which describes the basis for the appeal, to the Vice President for Academic and Student Programs, on or before the fifth (5th) class day following receipt of the Dean of Students' decision. The Vice President for Academic and Student Programs, or their designee's, decision is final. The student may attend class during the appeal process, unless otherwise placed on Interim Suspension. A student receiving the sanction of a suspension or dismissal will not be allowed to attend clinic during the appeal process, but will be given the opportunity to make up the clinic hours if the student’s appeal is successful.