Resources for Students
Frequently Asked Questions (FAQ) for Students
Referred for Misconduct
What's the worst that can happen to me with the
University if I have been involved in student
misconduct?
The worst that can happen is being expelled from the University, which is
only needed very, very, rarely, as a consequence for student misconduct.
In most circumstances, the student is placed on disciplinary probation with
some conditions for successful completion of the probation, such as:
involvement in an educational project, community service, restitution for
damage or theft, or an assessment with a counselor to address concerns
that might be related to the student's well-being.
What if you don't believe me? What can I do if I am not
responsible for the misconduct as charged?
You provide your information to the administrator so that she may carry out
an investigation of the case to determine whether there is enough
evidence to proceed with the charge. If the administrator does not believe
the student since the evidence against the student is compelling, then she
will refer the case to a hearing. The student will have the opportunity to
rebut the charge of misconduct in front of a hearing board, to know of all
evidence proposed against the student (including witnesses), to bring
witnesses on the student's own behalf, and to cross-examine the
witnesses at the hearing.
The good news is that there are seldom any cases involving charges that a
student is denying that cannot be resolved through an informal meeting
and investigation by the administrator. Our staff, faculty, and police officers
who refer students for alleged misconduct are trained to understand the
level of evidence and the type of objective information that is required to
exist for all reports and referrals. Mistakes can occur in charging a student,
but the procedures of fairness and due process rights afforded the student
have worked well in rectifying any mistakes. Finally, it is a violation of the
University Student Code of Conduct and the Nevada System of Higher
Education Code to knowingly submit a false charge or report.
Who is going to know about my misconduct and my
referral for disciplinary action?
The information is private, since it is a part of an educational record. The
students has the authority to decide when and if this information may be
released. As required by the Federal Educational Right to Privacy Act
(FERPA), any record and information about the judicial process as it
relates to the student referred is protected and confidential information.
If a student is a victim of a crime of violence, then that student may receive
information on the outcome of the case they refer, but this information is
privileged information as well.
If a professor accuses me of misconduct, why won't
you just accept the professor's word over mine? How
will I be able to get fair treatment?
The administrator of the student conduct process for this university is
required to take action on student misconduct that can be proven. Whether
the complaining party is a professor, a fellow student, or a visitor to the
campus who is unknown to the administrator; the standard of objective
proof remains the same. The burden of proof for any report alleging
student misconduct is on the university representative, who must show by
a preponderance of the evidence that it is more likely than not that the
student was responsible for the misconduct as charged. Also, if the student
charged with misconduct denies the charge, the administrator must call a
hearing and invite both parties - in this case, both the professor and the
student - to present their sides of the story and make their case. The
hearing board, comprised of members who do not know either party, will
decided whether there is enough evidence to find the student responsible.