Student Disciplinary and Appeals Process
The University anticipates that all traditional undergraduate and residential students, like other constituent members of the University Community, will abide by those matters set forth in this Student Handbook, the Lifestyle Covenant, or similar lifestyle provisions set forth on the University web site. In the event of the failure of a student to abide by these expectations, the University has adopted a process to hear, address, investigate, evaluate and when necessary adjudicate any violations or alleged violations of the requirements of the institution-wide lifestyle standards in an equitable and Christian manner. The following standards and procedures, which are intended to protect both the interest of the student and the University, will be used in all matters involving discipline of students, with the exception of sexual misconduct as defined in the University’s Sexual Misconduct Policy. The applicable policies and procedures for disciplinary decisions and any other sanction imposed based on a finding of responsibility for a violation of the Sexual Misconduct Policy will be those set forth in the Sexual Misconduct Policy. The disciplinary procedures set forth in this Handbook shall not be applicable to sexual misconduct complaints.
I. BASIS FOR DISCIPLINE
The following conduct constitutes conduct for which discipline as described in this Section is authorized.
- Lying, dishonesty, fraud or perjury.
- The use of profanity or vulgarity.
- Sexual conduct outside of heterosexual marriage.
- Practice or promotion of transgender or transvestite conduct.
- Stealing, theft or vandalism.
- Fighting and bullying, or threatening behavior of any type, harassment, creation of a hostile environment or any physical or mental abuse of another person, whether child, elder or otherwise.
- Consumption, possession, display or use of alcohol (as a beverage), illegal drugs (including prescription drugs in the absence of a valid prescription) and tobacco. The University also prohibits the procurement or provision/sale of such alcohol, illegal drugs or tobacco for any student. Discipline may also occur in the case of a student being in the presence of such items.
- Grossly negligent conduct.
- Use of the Internet to harass or embarrass another person, to spread rumors about another person, to defame another person or to obtain privileged or confidential information.
- Defamation of faculty, staff or students.
- Unauthorized access to or manipulation (hacking) of computers, computing devices, networks, mobile devices, information systems or software.
- Gambling.
- Conviction of a felony or misdemeanor involving moral turpitude.
- Any other conduct that is harmful to persons or property or which is disruptive of the educational process where such conduct would be deemed to be material or harmful by a reasonable person and particularly where such conduct is repeated or persistent.
- Promoting views or engaging in conduct that is not in harmony with standards and practices of Northwest Nazarene University and the Articles of Faith, Covenant of Christian Character and Covenant of Christian Conduct contained with the Manual of the Church of the Nazarene.
II. DISCIPLINARY OPTIONS
Violation of or failure to abide by any conduct requirements, whether employment, lifestyle, or other, may result in warning or admonition, counseling, probation, suspension, expulsion, fine, conduct restrictions or requirements, report to parents, residence reassignment, or such other response as the University may in its discretion deem to be appropriate.
A. Considerations in Selecting Disciplinary Options.
In the enforcement of any conduct requirements the University may in any case consider mitigating(factors calling for reduced severity), aggravating (factors calling for increased severity) and extenuating (factors calling for special consideration) factors or justification (factors excusing conduct)attendant to any violation, issues of ambiguity and clarity in policy or requirements, or lack thereof, of such requirements, and prior conduct of persons violating any requirement.The University reserves the right to use or not use progressive intervention, response, consequence or sanction in any case as it deems appropriate. In determining the severity of any consequence,response, sanction or discipline, the following considerations may be applied by the University,among others:
1. Instances of direct physical, emotional or psychological harm to persons or harm to property or property rights will be considered to be more serious and of immediate concern by the University and may at the discretion of the University result in more serious and immediate response or sanction without benefit of progressive intervention.
2. Instances of repeated or persistent prohibited conduct will be considered to be more serious by the University and may at the discretion of the University result in more serious and immediate response or sanction without benefit of progressive intervention.
3. Instances of lifestyle conduct where such conduct would be deemed to be material or harmful by a reasonable person or to be damaging to the reputation and mission of the University will be considered to be more serious by the University and may at the discretion of the University result in more serious and immediate response or sanction without benefit of progressive intervention. Instances of self-protection or conduct intended to protect others from physical, emotional or psychological harm or injury will be considered to be less serious or to justify the use of prohibited conduct and may therefore result in less serious response or sanction.
4. Instances where prohibited conduct is undertaken with intent and is flaunted publicly will be considered to be more serious by the University and may at the discretion of the University result in more serious and immediate response or sanction without benefit of progressive intervention.
5. Instances where prohibited conduct is undertaken with intent and is flaunted publicly will be considered to be more serious by the University and may at the discretion of the University result in more serious and immediate response or sanction without benefit of progressive intervention.
B. Purpose of Disciplinary Process
In the application, interpretation and enforcement of these policies the University shall strive to make decisions which are consistent with the foundational purposes of the University as a Christian institution serving the Church of the Nazarene and the greater Christian Community and Kingdom of God. Redemption and restoration shall be overriding goals in most instances and absent aggravating circumstances demanding more serious intervention.
C. Disciplinary Process.
The following process, including rights of appeal, shall be applied in all cases by the University in implementing any disciplinary decision.
a) A recommendation for discipline or a complaint must be made to the Vice President for Student Development, Director of Residential Life, any Residence Director or otherwise through the administrative structure. The President, the Vice President for Student Development, the Director of Residential Life, or any Residence Director may initiate any disciplinary matter on his or her own initiative upon good cause or on a request by any employee or student based upon good cause as determined solely at the discretion of such person. A complaint or recommendation for discipline shall be accompanied by a detailed description of the basis for the recommendation (setting forth specific allegations of violation, facts comprising the violation and specific provisions of this Handbook which are alleged to have been violated) and any documents, witness lists, affidavits, written witness statements, any investigative reports created pursuant to this Handbook, or any other supporting material, all of which shall become apart of the official record as described below. The person designated hereunder shall review information, conduct such further investigation as he or she deems appropriate and render a decision as to the basis for discipline and the appropriate disciplinary response to be applied.Any person may request to be recused; the Vice President for Student Development shall approve or disapprove such recusal and if recusal is approved, that Vice President shall appoint an alternative person to act in the place of the person recused for all purposes and action in this section of the Student Handbook.
b) Any person receiving such a complaint or recommendation for discipline relating to a traditional undergraduate and/or residential student shall refer the matter to the Director of Residential Life for the purposes of record- keeping. The Director of Residential Life shall then refer the matter to two Residence Directors (acting as a team) for disposition as provided herein. In the event that a matter is retained by the Director of Residential Life, he or she may enlist an advisory team comprised of two Residence Directors to assist in investigation and make recommendations concerning the disposition of the matter.
c) Any person with responsibility for investigation or determination hereunder may request to be recused; The Vice President for Student Development shall approve or disapprove such recusal and if recusal is approved, said Vice President shall appoint alternate personnel of similar authority to act in place of the person recused for all purposes and actions in this Section of the Student Handbook. In the event that a person designated to investigate or reach a determination is unavailable or cannot respond in a timely manner, the Vice President for Student Development may appoint alternate personnel of similar authority to act in place of the person recused for all purposes and actions in this Section of the Student Handbook.
d) In consideration of student discipline at all stages, including appeals, the following standards shall apply:
1. All proceedings shall be confidential absent any overriding duty of disclosure imposed by law, policy or statute.
2. All documents submitted or created as a part of the process shall be included within such confidentiality requirement.
3. The Office of the Director of Residential Life shall maintain the official record regarding the proposed disciplinary matter, and such record shall be the official record concerning the matter.
4. The student shall be afforded an opportunity to examine all materials contained in the official record and to make copies thereof.
5. The student shall be afforded the opportunity to speak with the appropriate Residence Directors, Director of Residential Life, or Vice President and to inquire and present his or her point of view, evidence, and arguments.
6. All time requirements set forth herein shall be strictly enforced unless both the staff member and the University acting through the Vice President for Student Development agree in writing to alter such time requirements. Failure to abide by time requirements shall be deemed to be a waiver any further rights to process hereunder.
7. As procedures herein are not formal legal proceedings, neither the student nor the University shall have a right to have legal counsel present at any proceedings hereunder.
8. The student may designate one person who is not an attorney to attend proceedings hereunder with the student.
9. The student shall have the right to provide any documents, witness statements, affidavits or written arguments or briefs and such materials shall become a part of the record of the matter and shall be considered by the University in good faith.
10. No rules or procedures shall apply beyond those set forth in this Handbook, with the exception of sexual misconduct as defined in the University’s Sexual Misconduct Policy which will be subject to the policies and procedures set forth in the Sexual Misconduct Policy.
11. Except where statute, law or policy apply and except where compliance with this term could cause physical, emotional or psychological harm to the witness, the student shall have the right to know the identity of all persons complaining or testifying against the student and shall have the right to submit written questions to be asked to that witness by the University; the student shall have the right to know answers to such questions. There shall be no right to in-person cross-examination
12. All decisions shall be rendered in writing, signed and dated by the appropriate party rendering such decision.
13. All decisions shall be personally delivered to the student and in any matter involving a complainant, to that complainant.
14. Decisions shall be rendered based upon a preponderance of evidence giving due regard to the quantity, quality, and credibility of such evidence.
III. APPEALS
After determination of discipline, if any, by the appropriate Program Director, Residence Directors or the Director Residential Life, the affected student (traditional undergraduate and/or residential) shall have the right to appeal such decision as to either or both of the decision to render discipline or the disciplinary option selected as follows. Such appeal shall be made to the Vice President for Student Development. Until the final decision by the Vice President for Student Development, the disciplinary action will not be effective or implemented unless direct physical, emotional or psychological harm to the student or others might in the opinion of the Vice President for Student Development occur if the student is not immediately required to comply with the disciplinary decision.
A student who believes that a disciplinary action by the University is adverse to the student and is erroneous may appeal to the Vice President for Student Development of the University by filing a Notice of Appeal with that Vice President within three (3) business days of receipt of the written decision concerning such discipline. The Vice President for Student Development shall undertake such processes as are appropriate and shall issue a written decision concerning the appeal within ten (10)business days (unless that Vice President shall for good cause extend the time for decision). The Vice President for Student Development may at his or her discretion meet in person with the student or any other persons, or may consider the matter on the basis of the written record created below. Any failure by the student to timely file a Notice of Appeal shall be deemed to be both a waiver of the right to appeal and confirmation of a Final Action by the University. For all matters the decision by the Vice President for Student Development shall be final.