Student Code of Conduct

UNL Student Code of Conduct (PDF)

University Documents Concerning
Student Rights and Responsibilities
______________________________________________________________

Appendix A:  Response to Allegations of Student Sexual Misconduct

 Appendix B:  Policy for Responsible Use of University Computers and Information Systems

 Appendix C:  Statement on University of Nebraska Response to Copyright Infringement Notifications

 Appendix D:  Student Records Policy

 Appendix E:  Crime Prevention and Safety at the University of Nebraska-Lincoln

Student Code of Conduct

Preamble

The community of scholars at the University of Nebraska-Lincoln is dedicated to personal growth and academic excellence.  By choosing to join the community, each member agrees to comply with certain standards of civilized behavior; and therefore, the University of Nebraska-Lincoln adopts this Student Code of Conduct, in order that it might:  (1) promote a campus environment that supports its educational, research, and outreach missions; (2) protect the members of the community and its resources from disruption and harm; (3) provide a guide to appropriate individual and group behavior; and (4) foster ethical standards and civic virtues, all in keeping with the STUDENT STATEMENT OF VALUES adopted by the Association of Students of the University of Nebraska-Lincoln on January 15, 2014.

All allegations of sexual misconduct, including sexual assault, sexual violence, dating violence, domestic violence, or stalking are investigated and addressed following the procedures set forth in the “University of Nebraska-Lincoln Response to Allegations of Student Sexual Conduct”, adopted pursuant to Board of Regents Policy 5.3.3, attached to this Student Code as Appendix “A,” or as Appendix “A” may be hereafter amended.

Student Statement of Values

We the students of the University of Nebraska-Lincoln, as the Cornhusker community, are true to the values we uphold.  We treat each other and ourselves with respect; we are dependable, following through on obligations; we are committed, faithful to a cause that is greater than ourselves; we are diligent citizens, engaging in service and our community; we share a caring spirit, demonstrating interest and concern; and we are open-minded, valuing the ideas of others; we engage in responsible social conduct that reflects credit upon the University community and model good citizenship in any community.  We work with integrity to fulfill the mission of higher education and strive for excellence while forever carrying the banner of UNL.

Still, on our journeys toward becoming the best versions of ourselves, we learn from the mistakes we make.  Furthermore, we understand that rules, regulations, and sanctions do not exist merely as punitive measure, but rather as guiding principles leading us toward success.  This Code of Conduct seeks to create standards, consistent with our values, of the highest order to which we hold our peers and ourselves.

Article I:  Definitions

  1. The terms “University” and “UNL” mean the University of Nebraska-Lincoln.
  2. The term “student” includes all persons enrolled at the University, either as a resident student or an on-line student, whether full-time or part-time.  The term “student” also includes:
         a.  A person who withdraws from enrollment at the University after allegedly violating the Student Code,
               but before the offense is adjudicated;
         b.  A person once enrolled as a student, not officially enrolled for a particular term in which an offense is
              committed, but who has a continuing relationship with the University;
         c.  A person living in any University residence hall or family housing, although not enrolled at the University;
              and
         d.  A person participating as a learner in a program sponsored by the University, even if such program is
              conducted away from University premises, in any location, including other states and countries.
  3. The term “faculty member” means any person hired by the University to conduct classroom, research, or teaching activities or who is otherwise considered by the University to be a member of its faculty.
  4. The term “University official” includes any person employed by the University, performing assigned administrative or professional responsibilities.
  5. The term “member of the University community” includes any person who is a student, faculty member, University official or any other person employed the University.  A person’s status in a particular situation shall be determined by the Dean of Students.
  6. The term “University premises” includes all land, buildings, facilities, and other property in the possession of or owned, used, or affiliated with the University (e. g., Greek Houses, Residence Halls, University vehicles, or off-campus research facilities including adjacent streets and sidewalks).
  7. The term “RSO” means any recognized student organization with any number of persons who have complied with the formal requirement for University recognition.
  8. The term “shall” is used in the imperative sense.
  9. The term “may” is used in the permissive sense.
  10. The term “school day(s)” refers to those days during the Fall semester and the Spring semester when classes are in session.
  11. The term “policy” means the written regulations of the University and the University of Nebraska as found in, but not limited to, the Student Code, Residence Life Handbook, the University of Nebraska and the University of Nebraska-Lincoln web pages, the computer use policy (Executive Memorandum No. 16), and Graduate/Undergraduate Bulletins.
  12. The term “Complainant” means any person who submits a charge alleging that a student violated this Student Code.  When a student believes that s/he has been a victim of another student’s misconduct, the student who believes s/he has been a victim will have the same rights under this Student Code as are provided to the Complainant, even if another member of the University community also submitted the charge.
  13. The term “Respondent” means any student or RSO accused of violating this Student Code.
  14. The term “Conduct Officer” shall mean the Dean of Students or a University official authorized the Vice Chancellor for Student Affairs to impose sanctions upon students or RSOs found to have violated the Student Code of Conduct or other published University policies and regulations prescribing standards of student conduct.
  15. The terms “Disciplinary Procedures” or “University Disciplinary Procedures” refers to the provisions which comprise the hearing process described in Article IV of this Student Code.
  16. The terms “Conduct Board” and “University Conduct Board” refer to that body of students and faculty selected pursuant to the provisions of Article IV, paragraph 10.1, which presides over hearings conducted as part of the Disciplinary Procedures.
  17. The terms “Appeals Board” and “University Appeals Board” refer to that body of students and faculty selected pursuant to the provisions of Article IV, paragraph 11.1, which hears appeals of the decision made by the Conduct Board.

Article II:  Student Code Authority

  1. The Dean of Students is that person designated by the University to be responsible for the administration of the Student Code and is authorized by the Vice Chancellor for Student Affairs, as the Conduct Officer, to impose sanctions upon students or RSOs found to have violated the Student Code or other published University policies and regulations prescribing standards of student conduct.
  2. Decisions made by the University Conduct board, or if appealed, then by the University Appeals Board, shall be final.  No other UNL or University of Nebraska appeal is available.

Article III:  Proscribed Conduct

A.  Jurisdiction of the University Student Code of Conduct
  1. The Student Code shall apply to conduct that occurs:
    1. On University premises, including all University of Nebraska locations, physical campuses and any University affiliated programs located in other states or countries.
    2. Off University premises, if the conduct is determined by the Dean of Students to adversely affect the University community, its members, its reputation or the pursuit of its objectives.
  2. The Student Code applies to student conduct which occurs from the time of enrollment through the actual awarding of a degree, even if the conduct occurs prior to the start of classes or is discovered after a degree is awarded.
  3. An RSO is responsible before a member’s conduct from the time the student is admitted to membership until the earlier of the student’s permanent termination from membership or is awarded a degree.
All allegation of sexual misconduct, including, sexual assault, sexual violence, dating violence, domestic violence or stalking are investigated and addressed following the procedures set forth in the “University of Nebraska-Lincoln Response to Allegations of Student Sexual Conduct”, adopted pursuant to Board of Regents Policy 5.3.3, attached to this Student Code as Appendix “A,” or as Appendix “A” may be hereafter amended.

B.  Conduct – Rules and Regulations

Any student found to have committed or to have attempted to commit the following misconduct is subject to the disciplinary sanctions outlined in Article IV:

1.  Acts of academic dishonesty, including but not limited to the following:

1a. Cheating:  Copying or attempting to copy from an academic test or examination of another student; using or attempting to use unauthorized materials, information, notes, study aids or other devices for an academic test, examination or exercise; engaging or attempting to engage the assistance of another individual in misrepresenting the academic performance of a student; or communication information in an unauthorized manner to another person for an academic test, examination or exercise.

1b. Fabrication or Falsification:  Falsifying or fabricating any information or citation in any academic exercise, work, speech, research, test or examination.  Falsification is the alteration of information, while fabrication is the invention or counterfeiting of information.

1c. Plagiarism:  Presenting the work of another as one’s own (i.e., without proper acknowledgement of the source) and submitting examination, theses, reports, speeches, drawings, laboratory notes or other academic work in whole or in part as one’s own when such work has been prepared by another person or copied from another person.  Materials covered by this prohibition include, but are not limited to, text, video, audio, images, photographs, websites, electronic and online materials, and other intellectual property.

1d. Abuse of Academic Materials:  Destroying, defacing stealing, or making inaccessible library or other academic resource material.

1e. Complicity in Academic Dishonesty:  Helping or attempting to help another student to commit an act of academic dishonesty.

1f. Falsifying Grade Reports:  Changing or destroying grades, scores or marking on an examination or in a faculty member’s records.

1g. Impermissible Collaboration:  Collaborating on any academic exercise, work, speech, test or examination unless expressly authorized by the faculty member.  It is the obligation of the student to know whether collaboration is permitted.

1h. Misrepresentation to Avoid Academic Work:  Misrepresentation by fabrication an otherwise justifiable excuse such as illness, injury, accident, etc., in order to avoid or delay timely submission of academic work or to avoid or delay the taking of a test or examination.

1i. Other:  Academic units and members of the faculty may prescribe and give students prior notice of additional standards of conduct for academic honesty in a particular course, and violation of any such standard of conduct shall constitute misconduct under this Student Code and the University Disciplinary Procedures.

Any student found guilty of academic dishonesty may be subject to both academic and disciplinary sanctions.

  1. In cases where a faculty member finds that a student has committed any act of academic dishonesty, the faculty member may, in the exercise of his or her professional judgment, impose an academic sanction as severe as giving the student a failing grade in the course.  Before imposing an academic sanction the faculty member shall first attempt to discuss the matter with the student.  If deemed necessary by either the faculty member or the student, the matter may be brought to the attention of the student’s major adviser, the faculty member’s department chairperson or head, or the dean of the college in which the student is enrolled.  When academic sanction is imposed which causes the student to receive a lowered course grade, the faculty member shall make a report in writing of the facts of the case and the academic sanction imposed against the student to the faculty member’s department chairperson or head and to the Conduct Officer.  The student shall be provided with a copy of this report.  Further, the faculty member may recommend the institution of disciplinary proceedings against the student for violation of this Student Code, if the faculty member in the exercise of his or her professional judgment believes that such action is warranted.
  2. In cases where a faculty member’s finding of academic dishonesty is admitted by the student and an academic sanction is imposed by the faculty member, which the student believes to be too severe, the student shall have the right to appeal the severity of the academic sanction through the applicable grade appeal procedure.
  3. In cases where a faculty member’s finding of academic dishonesty is disputed by the student, the matter shall be referred to the Conduct Officer for disposition in accordance with the University Disciplinary Procedures.  Any academic sanction imposed by the faculty member shall be held in abeyance pending a final decision under the University Disciplinary Procedures.  If it is determined through these procedures that the student did not commit academic dishonesty, the faculty member’s academic sanction shall be set aside.  If it is determined that the student committed academic dishonesty, the faculty member’s academic sanction shall be imposed in addition to any disciplinary sanction which may be imposed under the University Disciplinary Procedures
  4. The provision of this Student Code relating to academic dishonesty and the procedures applicable thereto do not apply to law students in the College of Law, who are governed by the Honor Code of the College of Law, which may be found on the College of Law’s official website.
2.  Furnishing False information to any University official, faculty member, or office.
3.  Forgery, alteration, or misuse of any University document, record, or instrument of identification.
4.  Disruption or obstruction of teaching, research, administration, disciplinary, proceedings, and other University activities on or off-campus, including its public service functions on or off-campus, or of other authorized non-University activities.
5. Physical abuse, verbal abuse, threats, intimidation, harassment, coercion, and/or other conduct that threatens or unreasonably endangers the mental or physical health, safety or reputation of any person or oneself, including any such conduct achieved through means of social media or any other means of electronic communication.
6.  Attempted or actual theft of and/or damage to property of the University or property of a member of the University community on or off campus.
7.  Hazing, defined as any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any student organization.  Such hazing activity shall include, but not be limited to, whipping, beating, branding, forced and prolonged calisthenics, prolonged exposure to elements, forced consumption of any food, liquor, beverage, drug or harmful substance not generally intended for human consumption, prolonged sleep deprivation, or any brutal treatment of the performance of any act which endanger the physical or mental health or safety of any person.
8.  Improper Initiation Rituals, more specifically described as, intentionally adopting or implementing a practice of activity for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in a group or RSO that requires exertion or deprivation or embarrassment over a sustained period of time that can reasonably be expected to interfere with a student’s academic performance, or if publicly known could reasonably be expected to diminish the reputation of the group, RSO, or the University, whether within or outside of the University.  Any practice or activity that is not publicly advertised in advance of its implementation shall be presumed to violate this section and the group or RSO shall have the burden of showing that its practice or activity does not violate this section.  The express or implied consent of the victim will not be a defense.
9.  Failure to comply with direction of University officials or law enforcement officer acting in the course and scope of their University job duties and/or failure to identify oneself to these persons when requested to do so.
10.  Unauthorized possession, duplication or use of keys and/or keycards to any University premises or unauthorized entry to or use of University premises.
11.  Violation of any UNL or University of Nebraska policy, rule, or regulation published in hard copy or available electronically on the UNL or University of Nebraska websites.
12.  Violation of any federal, state or local law.
13.  Use, possession, manufacturing, or distribution of marijuana, heroin, narcotics, or other controlled substances, or drug paraphernalia, except as expressly permitted by law.
14.  Use, possession, manufacturing, or distribution of alcoholic beverages on University premises (except as expressly permitted by the University), or public intoxication.  Alcoholic beverages may not, in any circumstance, be used by, possessed by, or distributed to any person under twenty-one (21) years of age in the State of Nebraska.

a.  UNL Student Diversion Policy  (Seeking emergency treatment for alcohol poisoning or drug reactions)
  1. Students calling 911 (or similar police/emergency medical services) to assist another person experiencing adverse drug reactions or acute alcohol poisoning or other serious alcohol-related injury are eligible to participate in an alternative to normal Student Code procedure.  Students seeking to participate in this alternative must meet with a designated Dean of Students staff member to honestly and openly discuss the circumstances surrounding the incident and the decision to call 911/seek emergency medical services.
  2. Students who receive emergency medical assistance for acute alcohol poisoning or a serious alcohol-related injury are eligible for an alternative to the normal Student Code procedure.  In lieu of discipline, the student must pay for and complete the Brief Alcohol Screening and Intervention for College Students (BASICS) program or such other similar program designated by the University.  In addition, the student shall complete such further recommendations made by professional staff as a result of BASICS evaluation, provided that the recommendations do not violate the student’s rights, including but not limited to those rights set forth in the Americans with Disabilities Act.
  3. Students who qualify for and complete these alternative requirements will have their Student Code charges set aside and the incident will not be recorded in the behavioral conduct record of the student, provided the student commits no additional major violations of the Student Code within a twelve month period.
b.  Procedure
  1. In order for this policy to be in effect, emergency medical services (e.g. 911) must be summoned and must respond directly to the situation.
  2. Students will receive a letter from the Dean of Students or appropriate Residence Hall Director informing them of misconduct charges.  Upon meeting with the designated Dean of Students staff member, it will be determined if the student may be eligible for the UNL Student Diversion Policy.
  3. If the students is deemed eligible for the UNL Student Diversion Policy by the Dean of Students staff member, then upon the student fulfilling the requirements of the policy, the student’s record will indicate no violation of the Student Code.

While the policy diverts penalties within the Disciplinary Procedures, students may still be charged by law enforcement officials with violations of federal, state or local laws.

15.  Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals on University premises or, the use of any such item, even if legally possessed, in a manner that harms, threatens or causes fear for others.
16.  Participating in an on-campus demonstration, riot or activity that infringes, or incites others to infringe, on the rights of other members of the University community, including, but not limited to, the ability to legally express oneself, to attend classes or other University activities and programs, or to engage in one’s University job duties.
17.  Obstruction of the free flow of pedestrian or vehicular traffic on University Premises or at University sponsored or supervised functions.
18.  Conduct that is disorderly or indecent, including public urination; breach of peace; or aiding, abetting, or procuring another person to breach the peace on University premises or at functions sponsored by, or participated in by, the University or members of the University community.

 A person commits disorderly conduct if she or he:

  1. Engages in fighting, assault and battery;
  2. Makes unreasonable noise and continues to do so after being asked to stop; or
  3. Disrupts a lawful assembly of persons.

 19.  Theft or other misuse of computer facilities and resources, including but not limited to:

  1. Unauthorized entry into a file, to copy, use, read, or change the contents, or for any other purpose.
  2. Unauthorized transfer of a file.
  3. Use of another individual’s identification and/or password.
  4. Use of computing facilities and resources to interfere with the work of another student, faculty member or University Official.
  5. Use of computing facilities and resources to send obscene or abusive messages.
  6. Use of computing facilities and resources to interfere with normal operation of the University computing system.
  7. Use of computing facilities and resources in violation of copyright laws.
  8. Any violation of the University Computer Use Policy (Executive Memorandum No. 16)
20.  Smoking in any University facility or vehicle.  (The University Tobacco Free Campus Policy is found at www.unl.edu.)
21.  Turning in false fire alarm or bomb threat or misusing fire safety equipment on University Premises, including any student housing unit is a Student Code violation.
22.  Failing to report a fire or any other extremely dangerous condition when known or recognized on the campus.
23.  Violation of any student housing unit policy or regulation.  (The Housing Rights and Responsibilities policy is found at housing.unl.edu.)
24.  Sexual assault or any other uninvited behavior of a sexually explicit nature including but not limited to sexual harassment, dating or domestic violence, and stalking.  All allegations of sexual misconduct, including sexual assault, sexual violence, dating violence, domestic violence, or stalking are investigated and addressed following the procedures set forth the “University of Nebraska-Lincoln Response to Allegation of Student Sexual Conduct,” adopted pursuant to Board of Regents Policy 5.3.3, attached to this Student Code as Appendix “A,” or as Appendix “A” may hereafter be amended.
25.  Abuse of the University Disciplinary Proceedings, including but not limited to:
  1. Failure to obey the notice from a Conduct Board or University official to appear for a meeting or hearing as part of the Disciplinary Proceedings.
  2. Falsification, distortion, or misrepresentation of information before a Conduct Board.
  3. Disruption or interference with the orderly conduct of a Conduct Board proceeding.
  4. Filing a malicious or frivolous complaint.
  5. Attempting to discourage an individual’s desire or efforts to engage in a permitted participation or use of the Disciplinary Procedures.
  6. Attempting to influence the impartiality of a member of a Conduct Board prior to, and/or during the course of, the Conduct Board proceeding.
  7. Harassment (verbal or physical) and/or intimidation of a member of a Conduct Board prior to, during, and/or after a disciplinary proceeding.
  8. Failure to comply with the sanction(s) imposed under the Student Code.

 C.    Violation of Law and University Discipline

When a student is charged by federal, state, or local authorities with a violation of law, the University will not request or agree to special consideration for that individual because of his or her status as a student.  If the alleged offense is also being processed under the Student Code, the University may advise off-campus authorities of the existence of the Student Code and how such matters are typically handled within the University community.  The University will attempt to cooperate with law enforcement and other agencies in the enforcement of criminal law on campus and in the condition imposed by criminal courts for the rehabilitation of student violators.  Individual students and other members of the University community remain free to interact with governmental representatives as they deem appropriate.

 D.    Referral to Civil or Criminal Authorities

When circumstances warrant, the University administration will refer acts of misconduct to appropriate civil or criminal justice authorities.

 

Article IV:  Student Code of Conduct Disciplinary Procedures

1.  General

1.1    Right to Disciplinary Proceeding.  Except in cases of temporary suspension ordered by the Chancellor or Vice Chancellor for Student Affairs as hereafter provided, suspension, expulsion or other disciplinary sanction for misconduct may not be imposed without a disciplinary proceeding in accordance with these Disciplinary Procedures.

1.2    Student Court Jurisdiction.  Nothing in these Disciplinary Procedures shall affect the jurisdiction of the Student Court of the Association of Students of the University of Nebraska (ASUN) with respect to ASUN constitutional matters, RSOs and other non-disciplinary student matters.

1.3    Disciplinary Procedures of Subordinate Conduct Boards.  All subordinate conduct boards shall model their disciplinary procedures insofar as possible after these Disciplinary Procedure.  See Section 13 relating to subordinate conduct boards.

1.4    Conduct Officer.  The Conduct Officer shall mean the Dean of Students or a University official authorized by the Vice Chancellor for Student Affairs to impose sanctions upon students or RSOs found to have violated the Student Code or other published University policies and regulations prescribing standards of student conduct.

 2.  Rights of the Complainant and Respondent

 2.1    Complaint.  Any member of the University community may file a written misconduct complaint against a student or RSO alleging misconduct under the Student Code or other policy.  Misconduct complaints shall be filed in the Office of Student Affairs.

2.2    Responsibility of the Conduct Officer.  If the Conduct Officer determines that the misconduct alleged in a complaint warrants the institution of disciplinary proceedings, he or she shall insure compliance with these Disciplinary Procedures.

2.3    Disqualification of Conduct Officer.  In the event the Conduct Officer may be a material witness in any disciplinary proceeding or for any reason cannot perform his or her duties under these Disciplinary Procedures, the Vice Chancellor for Student Affairs shall appoint an acting Conduct Officer to perform such duties.

2.4    Review of Complaint.  The Conduct Officer shall make a preliminary investigation of each complaint to determine whether it may be disposed of without institution of disciplinary proceedings.  Within 20 school days after receipt of a writer misconduct complaint against a student or RSO, the Conduct Officer must decide on one of three course of action:  (a) dismiss the complaint, (b) propose an administrative disposition to the student or RSO, or (c) initiate a disciplinary proceeding before the University Conduct Board or a subordinate conduct board.

2.5    Informal Meeting.  The Conduct Officer may conduct an informal meeting with a student or RSO accused of misconduct to discuss the misconduct alleged.  Prior to any such informal meeting the student or RSO accused of misconduct shall be appraised in writing of the following:

  1. The source and nature of the misconduct complaint which has be filed.
  2. That the student or RSO is entitled to be accompanied by legal counsel or an adviser at the expense of the student or RSO at any meeting or hearing relevant to the misconduct alleged in the complaint.
  3. That the student or RSO is under no obligation at any time to admit the misconduct alleged or to make any other statement at any meeting or hearing relevant to the misconduct alleged.

During any informal meeting, the Conduct Officer may proceed with administrative disposition of a complaint pursuant to Section 4.2 of these Disciplinary Procedures if the Conduct Officer determines that administrative disposition is appropriate and if the same is accepted by the student or RSO as provided in Section 4.2.

2.6    Failure to Appear.  If a student or RSO accused of misconduct fails to appear at an informal meeting requested by the Conduct Officer, the Conduct Officer may initiate disciplinary proceedings before the University Conduct Board of a subordinate conduct board.

 3.  Temporary Suspension

Pending initiation of disciplinary proceedings by the Conduct Officer, the Chancellor or Vice Chancellor for Student Affairs may at any time temporarily suspend a student from the University or deny a student readmission when the Chancellor or Vice Chancellor for Student Affairs finds and believes from information coming to his or her attention that the presence of the student on the University campus would seriously disrupt the University or constitute a danger to the health, safety or welfare of other persons, the students, or property of the University or members of the University community.  If a student is temporarily suspended by the Chancellor or Vice Chancellor for Student Affairs, the Chancellor or Vice Chancellor for Student Affairs shall promptly instruct the Conduct Officer to initiate appropriate disciplinary proceedings against the student within two (2) working days after temporary suspension is imposed.  If a student placed on temporary suspension is ultimately found not guilty of misconduct, such student shall be allowed if at all possible to make up academic work missed while on temporary suspension.

 4.  Administrative and Conduct Board Disciplinary Proceedings.

 4.1    General.  If the Conduct Officer determines that the institution of a University disciplinary proceeding for alleged misconduct is in the best interests of the University and/or the University community, such proceeding shall be instituted against the student or RSO accused of misconduct in accordance with the procedures for administrative disposition or the procedures for conduct board disposition hereinafter provided.

4.2    Administrative Disposition.  The Conduct Officer, in the exercise of his or her reasonable judgment and when agreed to in writing by the student or RSO, shall have authority by administrative disposition of a disciplinary proceeding to impose any of the disciplinary sanctions provided in sections 7.  The proposed administrative disposition shall list all Student Code violations with which the student or RSO is being charged as a result of the alleged misconduct.  Where an administrative disposition proposed by the Conduct Officer is not accepted in writing by the student or RSO, the student or RSO shall have the right to have the matter of the alleged misconduct referred to the University Conduct Board.  The student or RSO shall have three (3) school days within which to accept or reject an administrative disposition proposed by the Conduct Officer.  If the student or RSO fails to accept or reject the proposed administrative disposition within such three day period, rejection will be presumed and the matter shall be referred to the University Conduct Board or a subordinate conduct board as provided in Section 4.3.

4.3    Conduct Board Disposition.  If a student or RSO rejects administrative disposition of a disciplinary proceeding proposed by the Conduct Officer, the Conduct Officer shall institute a disciplinary proceeding against the student or RSO before the University Conduct Board or before a subordinate conduct board for the misconduct alleged in the complaint.  The disciplinary proceeding so instituted shall be limited to those Student Code violation listed in the rejected administrative disposition, unless new evidence becomes available after the administrative disposition was rejected.  Further, the Conduct Officer in the exercise of his or her reasonable judgment may institute a disciplinary proceeding for alleged misconduct directly before the University Conduct Board or before a subordinate conduct board without first offering administrative disposition to a student or RSO accused of misconduct.

4.4    Jurisdiction.  The University Conduct Board shall have general original jurisdiction under these Disciplinary Procedures to hear and decide any disciplinary proceedings against a student or RSO accused of misconduct.  Subordinate conduct boards shall have limited original jurisdiction to hear and decide disciplinary proceedings according to their respective disciplinary procedures.  (See Section 13.1(e) relating to jurisdiction of subordinate conduct boards.)

5.  University Conduct Board Procedure

5.1    Notice.  All disciplinary proceedings before the University Conduct Board shall be instituted by written notice delivered to the student accused of misconduct or delivered to an officer of the RSO accused of misconduct.  Such written notice shall contain the following information:

  1. Source of the misconduct complaint.
  2. Statement of alleged facts constituting misconduct under the Student Code or other policy.
  3. Citation of the specific provision(s) of the Student Code of Conduct or other policy alleged to have been violated.
  4. Description of the pertinent information (e.g. records, statements, images or other information) to be presented in support of the alleged misconduct.
  5. Date, time and place of the hearing before the Conduct Board.  Each hearing shall be at least three (3) school days after the date of receipt of the written notice.
  6. A statement that the student or RSO accused of misconduct may be accompanied by legal counsel or other adviser at the hearing before the Conduct Board, to be provided at the expense of the student or RSO, and that such legal counsel or adviser may advise the student or RSO, but may not directly participate in the hearing.
  7. That the student or RSO accused of misconduct is under no obligation to admit the truth of the alleged misconduct or to make any other statement at the hearing relevant to the alleged misconduct, and that refusal to testify or make a statement will not be considered as an indication of guilt.
  8. That the student or RSO accused of misconduct has the right to inspect before the hearing in the office of Student Affairs ends to present at the hearing, and that the student or RSO will be advised in writing prior to the hearing of any pertinent information subsequently discovered, which the Conduct Officer intends to present at the hearing and given an opportunity to inspect such information.

5.2    Failure to Appear.  The student accused of misconduct or a student officer of the RSO accused of misconduct will be expected to be present at the hearing before the Conduct Board.  If the student or a student officer of the RSO fails to appear at the time and place designated for the hearing, the Conduct Board shall proceed with the hearing if a majority of the Conduct Board members present are satisfied that the student or RSO has received written notice as required by Section 5.1.  The Conduct Board will then proceed in the absence of the student or RSO and render a decision, based upon the information presented at the hearing.

5.3    Quorum.  Every student or RSO accused of misconduct in disciplinary proceedings before the Conduct Board is entitled to a hearing by a quorum of the Conduct Board.  A quorum will consist of at least two faculty members and three student members of the Conduct Board.  If a quorum is not present, the student or student officer of the RSO, as the case may be, and the Conduct Officer may stipulate and agree in writing that the Conduct Board hearing may be conducted and the case may be decided by those Conduct Board members present even though a quorum has not been established.  If there is no such stipulation, the hearing shall be rescheduled as soon as is reasonably possible.

5.4    Status Pending Conduct Board Proceedings.  The status of a student accused of misconduct shall not be altered an the right of a student to be present on campus and to attend classes shall not be suspended during the time of any pending disciplinary proceeding against the student unless the Chancellor or the Vice Chancellor for Student Affairs determine that suspension of the student is required for compelling reasons, including but not limited to the protection of the health, safety or welfare of the student, other persons, or the property of the University and/or the members of the University community.  The status of an RSO accused of misconduct shall not be altered pending any disciplinary proceeding, unless the Chancellor or Vice Chancellor for Student Affairs determines that suspension of the RSO from the University is required for compelling reasons in order to protest the health, safety or welfare of the members of the University community, their property or that of the University.

5.5    Disqualification of a Conduct Board Member

  1. If any member of the Conduct Board believes that associations, relationships, or other circumstances exist such that he or she is unable, or is perceived to be unable, to render a fully fair and impartial decision, such Conduct Board member shall disqualify himself or herself from participation in the proceeding.  Additionally, a member my elect not to serve on the Conduct Board for a particular proceeding if the member in the exercise of reasonable discretion believes there may be an appearance of impropriety by serving as a member of the Conduct Board for that proceeding.  The foregoing shall not relieve the Conduct Board from the requirement of maintaining a quorum as required by Section 5.3 above.
  2. At the beginning of any hearing before the Conduct Board, prior to any presentation of pertinent information related to the alleged misconduct, each member of the Conduct Board shall state and affirm on the record that to the best of their knowledge and belief, he or she is able, and knows of no reason why, he or she would be unable, or would be perceived as unable, to render a fully fair and impartial decision for the matter before the Conduct Board.

5.6    Conduct Board Hearings Closed.  All hearings of the Conduct Board shall be private and closed to the public; provided that the Complainant, the Respondent and their advisors, if any, shall be allowed to attend the entire portion of the hearing at which information is presented.  Admission of any other person to the hearing shall be at the discretion of the Conduct Board in consultation with the Conduct Officer.  Neither the Complainant, nor the Respondent, nor their advisors, if any, shall be allowed to attend the deliberations of the Conduct Board.

5.7    Right to Separate Hearing.  In any proceeding involving more than one Respondent, any Respondent may request and the Conduct Board, at its discretion may grant, a separate disciplinary proceeding before the Conduct Board.

-UNDER CONSTRUCTION- Please refer to the UNL Student Code of Conduct (PDF) for the full Student Code of Conduct.