NSHE Code 6.1.1 authorizes the University to establish this Code.
The President of the University, through the Vice President for Student Services (“Vice President”), shall designate appropriate individuals or entities to administer the University’s student disciplinary system. Any duty, authority, or power authorized to the President, the Vice President, the Dean of Students (“Dean”) (See Definition 9), the CCREA Director, or the Assistant Dean of Student Conduct (“Assistant Dean”) (See Definition 1) under this Code may be delegated to an appropriate designee, unless the Code expressly states that the duty must be performed personally by that officer.
The Assistant Dean has been designated to represent the University in student disciplinary matters for undergraduate and graduate students in all campus degree programs,except for students enrolled in the University of Nevada School of Medicine, which has authority to provide student conduct standards and disciplinary procedures for its students.
The Assistant Dean shall be responsible for coordinating the procedures and processes of the University’s student discipline system for the University campus and shall report to the Vice President.
If the Assistant Dean is unable to fulfill the responsibilities set forth in the Code, the Vice President shall appoint a student services staff member to perform the duties of the Assistant Dean on an interim basis. This provision shall also apply when the Assistant Dean position is vacant.
If the Dean is unable to fulfill the responsibilities set forth in the Code, the Vice President shall appoint a student services staff member to perform the duties of the Dean on an interim basis. This provision shall also apply when the position of Dean is vacant.
The Assistant Dean may designate persons, as needed, to perform duties associated with the conduct process of a student or student organization.
The administrative faculty within the Office of Student Conduct and the Office of Residential Life, Housing, and Food Services shall be responsible for monitoring student compliance with all disciplinary conditions and sanctions imposed through the conduct process, as well as for maintaining all official student disciplinary records. Furthermore, the Assistant Dean has the authority under the Code to change a student’s enrollment status at the University.
B. Scope of Authority
The University authority extends to persons identified as students because of their status as enrolled in the institution on a part-time, full-time, or auditing basis, and to student organizations recognized by the University, referred to in this Code as Recognized Student Organizations (see Definition 21).
This scope of authority extends to persons with an active student status, including those with a continued intent to pursue an education at the University. This status is maintained during periods between consecutive primary semesters (Fall and Spring) and is retained by persons on an officially approved leave of absence or those suspended from the University. This status ceases only if a person officially graduates, officially withdraws, is permanently dismissed, or fails to enroll for a primary semester without an approved leave of absence. The University’s authority also encompasses persons exclusively enrolled in online courses, as well as any person who has been admitted to the University and is participating in University-sponsored orientation, early-start programs, or dual-enrollment programs, regardless of their current enrollment status. By participating in these programs, persons agree to adhere to the University's standards of conduct.
If the student withdraws from the University while a disciplinary action is pending, the Assistant Dean shall be permitted to complete any investigation to the extent reasonably practicable, to prevent the reoccurrence of the alleged misconduct and to remedy its effects. The facts and circumstances of the charges may be grounds for denial of readmission, denial of an application for employment, or denial of work as an independent contractor.
The Office of Student Conduct may, at the discretion of the Assistant Dean, impose an administrative hold on a student’s MyNevada account, including restrictions on official transcripts, registration, and degree conferral, or place an administrative freeze on the privileges of a student organization during the disciplinary process. These measures may be implemented for failure to participate in a scheduled conference or meeting, failure to complete the terms of disciplinary sanctions, or failure to sign and return required paperwork. Additionally, administrative holds may be imposed when the conduct involves allegations of serious misconduct that, if true, may result in suspension or expulsion. In these instances, holds remain active to retain jurisdiction and prevent degree conferral before pending cases are fully resolved. While the decision to impose an administrative hold or administrative freeze is not subject to appeal, the Dean may grant the temporary removal of a hold for an individual student caused by outstanding disciplinary sanctions; such holds shall be reinstated upon the expiration of the temporary removal period.
C. Jurisdiction
General
The University has the authority to govern student conduct on University property, or as it relates to University Property (see Definition 36), or at official University functions and University-sponsored programs or events conducted away from the University campus. University Property is defined for purposes of this Code as all land, buildings, facilities, or other grounds or structures, or any item in possession of, or owned, used, maintained, or controlled by the University or NSHE or designated by the campus subject to these policies.
Off-Campus
The University’s authority extends to off-campus conduct that violates the Code and adversely and directly affects the health, safety, or property of any member of the University community. In determining whether the off-campus conduct sufficiently, adversely, and directly affects the health, safety, or property of a member of the University community to exercise this jurisdiction, the University shall consider whether:
The conduct involves an allegation of serious misconduct, which, if true, would rise to the level of creating a substantial threat to the safety of the University community. Examples may include, but are not limited to, physical or sexual assault, rape, hazing, harassment, stalking, furnishing alcohol to minors, distribution of drugs or illegal substances, or illegal weapons use;
There is a significant connection to the University, such as the conduct involves University property, or the injured or aggrieved party is a University student, faculty, or staff member; and
The University can conduct a thorough investigation and has access to the necessary witnesses and documents.
The Assistant Dean shall review each off-campus incident referred to the University on a case-by-case basis to allow for consideration of the unique facts of each situation involving student behavior.
Nothing in this Code may conflict with the ability of students to exercise rights protected by the First Amendment on or off campus.
Jurisdiction of Title IX sexual harassment cases is addressed in Section VII.
D. Official Policies of the University
The faculty members of the Office of Student Conduct administer the University's student conduct programs and the disciplinary process, according to the Code.
The Code is published annually. The Board of Regents of the Nevada System of Higher Education has authorized each NSHE campus to establish its student codes of conduct, regulations, and procedures, subject to final approval by the President of the University. The University reserves the right to make administrative or technical updates at any time. Substantive changes shall typically occur through the annual review process, unless necessary to ensure compliance with legal mandates or institutional safety. When a substantive change is made, the Vice President shall provide notice via an official University email communication to the student body. Changes become effective upon the date specified in the notice or, if no date is specified, upon posting to the official University website.
The Office of Student Conduct may designate Residential Life staff in the Office of Residential Life, Housing, and Food Services, with the authority to administer the Code to students who have signed license agreements for University-owned and/or managed housing.
The University administration views the student conduct process as an administrative and educational process separate from litigation that may be related to any civil or criminal action. When students and/or student organizations are involved in the conduct process for alleged violations of the Code, the conduct process may proceed concurrently with any legal proceedings throughout the disciplinary process permitted by the Code.
All students, regardless of their disability, are responsible for reading and adhering to the Code. When registering for classes at the University, the student must consider whether they can adhere to the Code. The Americans with Disabilities Act (ADA) does not excuse or protect an individual from being held responsible under the Code for emotional or violent outbursts caused by impairment. For specific guidelines on disability accommodation at the University, students are encouraged to contact the Disability Resource Center.
When a student is charged by federal, state, or local authorities with a violation of the law, the University shall not request or agree to special consideration for that individual because of their status as a student. Action by the University may proceed regardless of any other possible or pending administrative, civil, or criminal proceedings arising from the same or other incidents. The person filing the complaint may choose to file charges against the student in one or both arenas: internally, through the University student conduct system, and/or externally, through the criminal justice or civil system.
The University may advise off-campus authorities of the Code’s existence and the process for resolution of a potential violation on campus. The University shall attempt to cooperate with law enforcement and other agencies in enforcing criminal law on campus. Individual students remain free to interact with governmental representatives as they deem appropriate. Decisions on the University student conduct case resolution, including the disciplinary sanctions proposed or imposed, shall not be automatically subject to change because criminal charges arising out of the same allegations giving rise to the complaint of violation of University rules were dismissed, reduced, or resolved in favor of or against the student defendant in other judicial or administrative proceedings.
During the conduct resolution process, the needs and rights of the students responding to accusations of alleged misconduct, the needs and rights of the persons reporting to be directly harmed or impacted by the alleged misconduct of students, and the needs and obligations of the University Community (see Definition 35) at large are judged to be equally important.
The Assistant Dean may interview members of the University Community, including students, classified staff, and administrative or academic faculty, as well as off-campus entities, to gather information during a conduct investigation.
Members and non-members of the University Community who have information related to student or student organization activities may be asked to provide information at any time during the conduct process.
The CCREA process is separate from the student conduct investigative process.
Persons seeking to file a complaint (Reporting Party, see Definition 23) against a student or student organization should contact the Office of Student Conduct. Complaints can be submitted to the Office of Student Conduct in person, by phone, email, or online. Complaints that include detailed information, such as names, the locations of the alleged behaviors, the names of anyone who witnessed the behaviors, and the contact information for any person listed as a witness, shall aid the Office of Student Conduct staff in addressing the complaint.
Student organizations reported to have violated any section of the Code shall follow the same conduct process as individual students, as detailed in Section IV(A).
The Office of Student Conduct shall address and resolve complaints against students within a reasonable time.
Medical Amnesty and Good Samaritan Amnesty
Students at the University may be reluctant to seek medical assistance for themselves or others in instances of alcohol or drug intoxication for fear of facing disciplinary action from the University. The University aims to remove this barrier that may prevent students and others from accessing the proper medical attention they need. To promote an ethic of shared responsibility and community support, the University encourages students to assist others, both on and off campus, by calling for medical assistance in instances of excessive alcohol and/or substance abuse.
Students who seek medical assistance for themselves (Medical Amnesty) or seek help for another student (Good Samaritan) due to intoxication of alcohol and/or other substances shall be exempt from the standard disciplinary processes provided in the Code for certain code violations that occurred at or around the same time that medical assistance was sought in accordance with this policy. Instead, students who have made the effort to seek help for themselves or other students as stated in this policy shall have the opportunity to meet with a staff member from the Office of Student Conduct for a follow-up and general wellness check-in, without receiving disciplinary action.
Students shall not be subject to the formal student conduct process for certain code violations that occurred at or around the same time if all the following apply:
There is a medical emergency involving alcohol and/or controlled substances.
A student seeks help for that emergency by initiating contact with emergency personnel or a University official (in the case of a student seeking assistance for another person, they must remain present until the contacted support party arrives); and
No other egregious violations were committed during the same incident by the student receiving protection under this amnesty policy; egregious violations include but are not limited to sexual misconduct, driving under the influence, manufacturing/distribution/delivery of illegal drugs, possessing with intent to manufacture/distribute/ deliver illegal drugs, dating violence, stalking, hazing, or other conduct that risked someone’s health or safety.
Although students receiving amnesty under this policy shall not be subject to the formal student conduct process or receive any administrative disciplinary sanctions, the Office of Student Conduct may request they meet with a Student Conduct Officer and/or undergo an appropriate educational discussion.
This policy only provides amnesty from violations of the Code. It does not grant amnesty for civil, criminal, or other legal consequences for violations of local, state, tribal, or federal law. Civil and/or criminal investigations and other legal processes initiated by governmental agencies outside the University may still proceed at the discretion of those agencies. Also, in some instances, University Police Services may be required by law to report the incident to local law enforcement agencies. For information regarding legal immunity from certain offenses related to drug or alcohol overdose or other medical emergencies, please see NRS 453C.150.