{"id":8679,"date":"2020-01-07T10:38:43","date_gmt":"2020-01-07T17:38:43","guid":{"rendered":"https:\/\/nau.edu\/university-policy-library\/?page_id=8679"},"modified":"2026-09-30T16:20:06","modified_gmt":"2026-09-30T16:20:06","slug":"student-code-of-conduct-procedures","status":"publish","type":"page","link":"https:\/\/in.nau.edu\/university-policy-library\/student-code-of-conduct-procedures\/","title":{"rendered":"Student Code of Conduct Procedures"},"content":{"rendered":"<h5>Student Affairs<\/h5>\n<h3>Student Code of Conduct Procedures (Interim)<\/h3>\n<p>The <em>Student Code of Conduct<\/em> is promulgated by the Arizona Board of Regents and governs student behavior at all three institutions that comprise the Arizona university system. Students enroll at NAU with the understanding that they must abide by these rules, and that violations may result in serious disciplinary sanctions, up to and including suspension or \u00a0expulsion from the University. NAU enforces its <em>Student Code of Conduct<\/em> in a manner that allows for neutral fact-finding and decision-making in the context of an educational community that encourages reasoned discourse, intellectual honesty, openness to constructive change, and respect for individual rights.<\/p>\n<p>For acts that constitute violations of law and University policy, students may be accountable to both civil authorities (city, county, state or federal) and the University. NAU\u2019s disciplinary processes may proceed before, during or after the pendency of criminal proceedings. These actions are administrative in nature, are not legal proceedings, and are independent of any action taken by law enforcement. Student conduct cases involving allegations of general violations of the <em>Student Code of Conduct<\/em> will be resolved according to these disciplinary procedures. Allegations of harassment or sexual misconduct will be resolved according to the University\u2019s policy on <em>Student Sexual or<\/em> <em>Gender-Based<\/em><em> Harassment and Sexual<\/em> <em>Misconduct<\/em>.<\/p>\n<p><em>Please note<\/em>: the University may from time to time revise these procedures as necessary; such revisions may apply to grievances ongoing at the time the revisions are made, unless the effect of the revisions is to reduce the rights of Respondents. In such an event, the version of the procedures that were in effect at the time of the alleged violation will apply.<\/p>\n<p><strong>Responsible Executive:<\/strong> Vice President for Student Affairs<br \/>\n<strong>Responsible Office:<\/strong> Dean of Students<br \/>\n<strong>Effective Date:<\/strong> January 1, 2016<br \/>\n<strong>Last Revised:<\/strong> September 29, 2026<br \/>\n<strong>Contact:<\/strong> Dean of Students<\/p>\n<h4>Policy<\/h4>\n<p><strong>A. General<\/strong><\/p>\n<ol>\n<li>These Student Code of Conduct Procedures shall be used to resolve alleged violations by a student or student organization of the <a href=\"https:\/\/nau.edu\/university-policy-library\/student-code-of-conduct\/\">Student Code of<\/a> <a href=\"https:\/\/nau.edu\/university-policy-library\/student-code-of-conduct\/\">Conduct<\/a>, the <a href=\"https:\/\/nau.edu\/university-policy-library\/campus-living-policies\/\">Campus Living Community Policies<\/a>, or other student conduct rules promulgated by the University, except cases that fall under the University\u2019s <a href=\"https:\/\/nau.edu\/university-policy-library\/sexual-misconduct-in-violation-of-title-ix\/\">Sexual Misconduct Policy<\/a> or <a href=\"https:\/\/www9.nau.edu\/policies\/Client\/Details\/307\">Academic Integrity Policy<\/a>.<\/li>\n<li>Remedial responses taken pursuant to these Student Code of Conduct Procedures are intended to be educational, not punitive. They are meant to affirm the University\u2019s standards of appropriate conduct while encouraging students to make better choices in the future. The University\u2019s remedial responses include the following:\n<ul>\n<li><strong>a.<\/strong> \u00a0Administrative actions include, but are not limited to, administrative hold, warning, probation, restricted access to University property, and interim actions, such as interim suspension, immediate removal from University housing, or other protective measures. Administrative actions are not disciplinary, and the processes leading to such actions are not considered disciplinary proceedings.<\/li>\n<li><strong>b.<\/strong>\u00a0 Educational interventions include, but are not limited to, completing an educational program at the student\u2019s expense, writing a paper, paying restitution, and other assignments of an educational nature designed to impart lessons regarding appropriate student conduct. Educational interventions are not disciplinary, and the processes leading to such interventions are not considered disciplinary proceedings.<\/li>\n<li><strong>c.<\/strong> \u00a0Disciplinary sanctions are suspension (except for interim suspension which is an administrative action), expulsion, and degree revocation. Disciplinary sanctions are reviewable and may only result from a disciplinary proceeding as outlined in these Student Code of Conduct Procedures.<\/li>\n<\/ul>\n<\/li>\n<li>For acts that constitute alleged violations of law and University policy, a student may be accountable to both civil authorities (local, county, state, or federal) and to the University. University conduct processes may occur before, during, or after the pendency of criminal or other proceedings. \u00a0The conduct process is not subject to challenge based on the outcomes of any legal proceedings.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<li>Throughout the conduct process, a student may be assisted by an advisor selected by the student. The advisor may be a faculty or staff member, student, attorney, or other individual who is not otherwise a party or witness in the case. Advisors may provide support in a manner that does not disrupt or unduly delay any conduct process.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<li>Student conduct correspondence will be transmitted electronically on the day of issue to the affected parties via their official University email addresses. The University will deem such materials to have been delivered to and received by the intended recipients on the day of transmission. The affected parties are responsible for accessing their electronic communications in a timely manner.<\/li>\n<li>The definitions provided in the Arizona Board of Regents policies <a href=\"https:\/\/public.powerdms.com\/ABOR\/documents\/1491962\">5-302<\/a> and <a href=\"https:\/\/public.powerdms.com\/ABOR\/documents\/1491970\">5-<\/a> <a href=\"https:\/\/public.powerdms.com\/ABOR\/documents\/1491970\">308<\/a> are applicable to these Student Code of Conduct Procedures unless otherwise indicated. As used herein, the terms \u201cDean of Students\u201d and \u201cDean\u201d mean the Dean of Students or designee.<\/li>\n<li>\u00a0 Minor procedural deviations from these Student Code of Conduct Procedures that do not substantially and materially affect the fairness, adequacy, impartiality, or reliability of any conduct process will not constitute grounds for challenging, annulling, or overturning the outcome of the process.<\/li>\n<\/ol>\n<p><strong>B. Initiation<\/strong><\/p>\n<ol>\n<li>Upon receipt of information from any reliable source that a student may have violated the Student Code of Conduct, the Campus Living Community Policies, or other student conduct rules, the Dean of Students will evaluate the information and determine an appropriate course of action. The Dean will provide a student alleged to have committed misconduct with notice of the allegation and the opportunity to respond.<\/li>\n<li>Referrals of alleged misconduct submitted to the Dean of Students should, to the extent possible, state facts, including specific names, dates, locations, etc., and a full description of the alleged misconduct to enable the Dean to determine an appropriate course of action.<\/li>\n<li>If the alleged misconduct involves discrimination, harassment, or sexual misconduct, the Dean of Students will inform the Office of Civil Rights Compliance and\/or Office of Title IX Compliance and Services.<\/li>\n<\/ol>\n<p><strong>C. Interim Action<\/strong><\/p>\n<ol>\n<li>If the Dean of Students becomes aware of information that supports an allegation of student misconduct and believes that the continued presence of the student poses a threat of harm, endangerment, or substantial disruption, the Dean may take immediate administrative action to restrict or suspend the student for an interim period. The Dean may take interim action at any time prior to a final decision regarding the student\u2019s responsibility for all pending allegations of misconduct.<\/li>\n<li>The decision to restrict or suspend a student for an interim period, and the information on which the decision is based, will be communicated in writing to the student and may be communicated to other relevant affected parties.<\/li>\n<li>A student who is restricted or suspended for an interim period may contest the decision within five (5) days<strong>*<\/strong> of its effective date. Based upon the information provided by the student and all other information available, the Dean of Students will determine whether the interim action will be rescinded, modified, or remain in place.<\/li>\n<li>The interim action will remain in effect until there is a final decision regarding the student\u2019s responsibility for all pending allegations of misconduct or until the Dean of Students determines that the reasons for imposing the interim action no longer exist. The Dean may modify an interim action\u2019s terms or conditions as the Dean deems prudent or necessary.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<li>The Dean of Students may impose other forms of interim protective measures, such as, but not limited to, no-contact directives, removal from or relocation of University housing, adjustments to an academic schedule, or exclusion from specific campus locations.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<\/ol>\n<p><strong>D.\u00a0<\/strong><b>Investigation<\/b><\/p>\n<ol>\n<li>When the Dean of Students determines that there is a sufficient basis to believe that a student may have violated the Student Code of Conduct, Campus Living Community Policies, or other student conduct rules, the Dean will notify the student in writing of the alleged violation(s) and the initiation of an investigation.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<li>The Dean will gather relevant information through appropriate means such as interviewing witnesses and reviewing documents and\/or other tangible evidence. The Dean will provide the student with an opportunity to participate in a conduct meeting to discuss the matter. The Dean will provide the student with reasonable notice prior to any conduct meeting.<\/li>\n<li>All members of the University community are expected to comply with any request or directive issued by the Dean of Students in connection with a student conduct investigation.<\/li>\n<li>Before concluding the investigation, the Dean of Students will ensure that the student has an opportunity to receive:\n<ul>\n<li><strong>a.<\/strong>\u00a0 An explanation of the alleged violation;<\/li>\n<li><strong>b.<\/strong> \u00a0A summary of and reasonable opportunity to review and respond to all information that supports the allegation;<\/li>\n<li><strong>c.<\/strong> \u00a0The opportunity to ask questions, submit relevant information, and identify others who may have relevant information; and<\/li>\n<li><strong>d.<\/strong> \u00a0An explanation of the conduct process and potential remedial responses, which, as described in Section A(2), may include administrative actions, educational interventions, and\/or disciplinary sanctions.<\/li>\n<\/ul>\n<\/li>\n<li>Students who have violated the Student Code of Conduct, Campus Living Community Policies, or other student conduct rules are encouraged to accept responsibility for their actions.<\/li>\n<li>A student who fails to attend a conduct meeting with the Dean of Students will forfeit the right to respond to an alleged violation, unless the student can demonstrate that extraordinary circumstances prevented the student\u2019s attendance. In the absence of such extraordinary circumstances, the Dean may proceed as described in Section E without affording the student any additional opportunity to meet or respond to the alleged violation.<\/li>\n<\/ol>\n<p><strong>E. Determination<\/strong><\/p>\n<ol>\n<li>Using the standard of the preponderance of the evidence<strong>**<\/strong>, the Dean of Students will weigh the evidence to determine whether it is more likely than not that the student violated the Student Code of Conduct, Campus Living Community Policies, or other applicable student conduct rules and, if so, will determine the appropriate remedial response, which may consist of administrative actions, educational interventions, and\/or disciplinary sanctions. In determining the appropriate remedial response, the Dean may consider mitigating and aggravating factors, including, but not limited to, the student\u2019s prior conduct record.<\/li>\n<li>The Dean of Students will issue a written decision to the student after the close of the investigation. The decision letter will state the alleged violation(s), whether the alleged violation(s) was substantiated, and, if so, a summary of the evidence and the remedial response(s) to be imposed.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<li><span class=\"Apple-converted-space\">\u00a0<\/span>In cases where the Dean finds the student responsible for the alleged violation(s) and imposes a disciplinary sanction(s), the decision letter will also state whether information from the student\u2019s prior conduct record was considered and, if so, the purpose of its use. If the case includes a disciplinary sanction(s), which are eligible for appeal, the Dean will include an explanation of the student\u2019s right to request an appeal hearing and the process and deadline for doing so.<\/li>\n<li>Only disciplinary sanctions, which are suspension, expulsion, and degree revocation, are eligible for appeal.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<\/ol>\n<p><strong>F. Appeal<\/strong><\/p>\n<ol>\n<li>The decision by the Dean of Students is final, unless the student requests an appeal hearing within five (5) days of the date of the decision letter by filing a written <a href=\"https:\/\/cm.maxient.com\/reportingform.php?NorthernAZUniv&amp;layout_id=60\">notice of appeal<\/a> with the Dean of Students. The student may appeal both the finding of responsibility and the disciplinary sanction or only the disciplinary sanction as unreasonable or excessive.<\/li>\n<li>The filing of a timely written notice of appeal will pause the imposition of suspension (except for interim suspension), expulsion, or degree revocation and prevent any degree(s) from conferring until the conduct process has concluded. Any pending degree(s) will not confer until completion of the conduct process, including any imposed disciplinary sanction.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<li>If a student subject to suspension, expulsion, or degree revocation elects not to request an appeal hearing, the decision by the Dean of Students will become final and effective five (5) days after the date of the Dean\u2019s decision letter.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<li>A student may withdraw their appeal at any time prior to the appeal hearing by notifying the Vice President for Student Affairs in writing of their decision to withdraw their appeal. The decision to withdraw an appeal is final and may not be reversed once written notice is given. An appeal will also be considered to be withdrawn if the student does not participate in the appeal process in accordance with deadlines provided.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<\/ol>\n<p><strong>G. Review by the University Hearing Board<\/strong><\/p>\n<ol>\n<li>The University Hearing Board (the \u201cHearing Board\u201d) conducts student disciplinary sanction appeal hearings. The Hearing Board is advisory to the Vice President for Student Affairs, who makes the final decision.<\/li>\n<li>The Hearing Board\u2019s recommendation may have two parts, depending on the nature of the appeal. First, the Hearing Board may make a recommendation as to whether, based upon the preponderance of the evidence, it is more likely than not that the student violated the Student Code of Conduct, the Campus Living Community Policies, or other student conduct rules as alleged. Second, the Hearing Board may make a recommendation as to whether the disciplinary sanction imposed by the Dean of Students should be affirmed, modified, or removed.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<li>The Hearing Board will be comprised of five (5) trained members, including, whenever practicable, three (3) faculty and professional staff members and two (2) students. The Vice President for Student Affairs will appoint the Hearing Board members and will designate a faculty or professional staff member as Chair, who will serve as the appeal hearing\u2019s presiding officer.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<\/ol>\n<p><strong>H. Pre-Hearing Procedures<\/strong><\/p>\n<ol>\n<li>The Vice President for Student Affairs will notify the Hearing Board members and the Chair of their selection in writing.<\/li>\n<li>The Hearing Board Chair shall set a hearing date no later than thirty-five (35) days after receipt of the student\u2019s notice of appeal (except in cases that must carry over from semester to semester to accommodate student or Hearing Board member availability).<\/li>\n<li>The Hearing Board Chair will prepare and transmit a written notice of hearing to the student and the Dean of Students no less than fifteen (15) days before the hearing date. The notice will include:\n<ul>\n<li><strong>a.<\/strong> \u00a0A statement of the date, time, location, and nature of the hearing and a statement of the Hearing Board\u2019s legal authority and jurisdiction;<\/li>\n<li><strong>b.<\/strong> \u00a0A copy of the Dean of Students\u2019 decision letter that outlines the alleged policy violation, investigative findings, and remedial response;<\/li>\n<li><strong>c.<\/strong> \u00a0Notice of the student\u2019s right to be assisted by an advisor, who may be an attorney, at the hearing, which explains that the exercise of this right is at the student\u2019s option and sole expense;<\/li>\n<li><strong>d.<\/strong> \u00a0A copy of or hyperlink to the Student Code of Conduct, the Campus Living Community Policies, or other student conduct rules, as appropriate, and these Student Code of Conduct Procedures;<\/li>\n<li><strong>e.<\/strong> \u00a0The names of the Hearing Board members and the University Representative who will present the case on the University\u2019s behalf, and the Chair\u2019s University contact information;<\/li>\n<li><strong>f.<\/strong> \u00a0The length of time set for the hearing and the time limitation for the presentation of evidence, including witness testimony; and<\/li>\n<li><strong>g.<\/strong> \u00a0Notice of the student\u2019s right to challenge the participation of any Hearing Board member or the University Representative based on bias or conflict of interest, and the deadline and procedure for doing so.<\/li>\n<\/ul>\n<\/li>\n<li>A party who cannot attend the hearing on the date scheduled due to extraordinary circumstances must notify the Hearing Board Chair in writing of the reasons their attendance cannot occur on the date scheduled. The Chair will determine whether to approve or deny the request to reschedule the hearing.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<li>No later than seven (7) days prior to the hearing, the University Representative and the student will each provide the Hearing Board Chair (who will provide copies to all parties) with the following information:\n<ul>\n<li><strong>a.<\/strong> \u00a0A list of the names of the witnesses who may be called to testify at the hearing;<\/li>\n<li><strong>b.<\/strong> \u00a0A concise summary of the anticipated statements of each witness;<\/li>\n<li><strong>c.<\/strong> \u00a0Copies of all documents and descriptions of other evidence to be presented at the hearing;<\/li>\n<li><strong>d.<\/strong> \u00a0Notice of any information from the student\u2019s prior conduct record that the University Representative plans to present during the hearing and the intended purpose of doing so; and<\/li>\n<li><strong>e.<\/strong> \u00a0The name of any advisor who may be present to support the student at the hearing.<\/li>\n<\/ul>\n<\/li>\n<li>To object to the introduction of a document or information at the hearing, the student or University Representative must submit a written objection to the Hearing Board Chair no later than five (5) days before the hearing. After providing the other party an opportunity to respond, the Hearing Board Chair shall rule on any objections. Absent a timely objection, the document or information received by the Hearing Board shall become part of the record and shall be considered.<\/li>\n<li>If the student or University Representative wishes to challenge the participation of any Hearing Board member on the grounds of bias or conflict of interest, they must submit a written statement to the Hearing Board Chair setting forth the basis for the challenge no later than five (5) days prior to the hearing. The Chair will determine whether to sustain or deny the challenge. If the challenge is sustained, the Vice President for Student Affairs will appoint a replacement to serve on the panel.<\/li>\n<li><span class=\"Apple-converted-space\">\u00a0<\/span>Each party is responsible for ensuring that any witnesses they intend to call to testify at the hearing are apprised of and have made necessary arrangements to attend the hearing, including, but not limited to, the time, date, and location of the hearing. Upon specific request from the University Representative or the student, the Hearing Board Chair will send a communication to a member of the University community requesting their presence at the hearing and providing notice of the University&#8217;s expectation that they appear. Members of the University community are expected to comply with any request or directive issued by the Hearing Board Chair in connection with a student conduct process; however, it is not the Chair\u2019s responsibility to arrange for any University community member\u2019s attendance at the hearing.<\/li>\n<li>For good cause shown, the Hearing Board Chair may extend the Hearing Board appeal process timeframes and deadlines by notifying all parties in writing.<\/li>\n<\/ol>\n<p><strong>I. Conduct of the Hearing<\/strong><\/p>\n<ol>\n<li>The Hearing Board Chair will preside over the hearing and will rule on all procedural matters. Formal rules of evidence will not apply, although the Chair may consider objections to the introduction of specific statements or evidence. The Chair will maintain proper order and decorum and may exclude irrelevant, immaterial, privileged, or unduly repetitious information or testimony. The Chair may establish reasonable time limits for oral presentation and examination of witnesses and other evidence.<\/li>\n<li>To preserve the confidential nature of the conduct process and to protect the privacy interests of those involved, the hearing will be closed to non- participants. The Hearing Board Chair will exclude any witnesses except during their own testimony.<\/li>\n<li><span class=\"Apple-converted-space\">\u00a0<\/span>If the student has an attorney advisor, the University Representative may have an attorney present at the hearing. The University Hearing Board may be supported by its own legal counsel at any time.<\/li>\n<li>The University Representative will have the burden of showing, by a preponderance of the evidence, that the student more likely than not committed the alleged violation. The University Representative must also explain the disciplinary sanction determined by the Dean of Students.<\/li>\n<li>Information regarding prior misconduct may not be used as proof of a current violation, but information regarding prior misconduct may be admitted at any time during the hearing to show prior experience relevant to the alleged violation of the Student Code of Conduct, Campus Living Community Policies, or other student conduct rules or that the student had previously been informed that the conduct was not acceptable. Information regarding a student\u2019s prior misconduct may also be considered in determining the appropriate remedial response. Prior to the presentation of such information, the Hearing Board Chair shall provide an appropriate limiting instruction regarding how the information is to be used.<\/li>\n<li>A student who requests a hearing and fails to appear or refuses to participate will be deemed to have abandoned their request for an appeal, unless the student can demonstrate that extraordinary circumstances prevented their appearance or participation.<\/li>\n<li>The hearing will be recorded by electronic device. The recording will be available for transcription in whole or in part upon request. Absent financial hardship, the requestor will pay the cost of the transcription.<\/li>\n<li>The Hearing Board Chair will provide an introductory statement regarding the nature and scope of the hearing, the basic procedures to be followed, and the appropriate decorum to be maintained. At the beginning of each party\u2019s testimony, each will be asked to take an oath or affirm their testimony will be truthful. The University Representative will proceed first at each stage of the presentation, and the student will follow:\n<ul>\n<li><strong>a.<\/strong> \u00a0Each party may present an opening statement, which summarizes what information is expected to be presented.<\/li>\n<li><strong>b.<\/strong> \u00a0Each party may call witnesses to provide statements under oath.<\/li>\n<li><strong>c.<\/strong> \u00a0At the conclusion of each witness statement, the other party may question the witness.<\/li>\n<li><strong>d.<\/strong> \u00a0The Hearing Board members may ask questions of the University Representative, the student appellant, and each witness.<\/li>\n<li><strong>e.<\/strong> \u00a0Rebuttal witnesses may be called to refute statements or other evidence offered by any party.<\/li>\n<li><strong>f.<\/strong> \u00a0Following the presentation of witnesses and evidence, each party may deliver a closing statement, which summarizes the information that has been presented.<\/li>\n<\/ul>\n<\/li>\n<\/ol>\n<p><strong>J. University Hearing Board Deliberations and Recommendation<\/strong><\/p>\n<ol>\n<li>Following the closing statements and before reaching a decision, the Hearing Board members will discuss the information that has been presented and the reasonable inferences to be drawn from it. Only the Hearing Board and its legal advisor, if any, may be present during the Hearing Board\u2019s private deliberations, which will not be recorded or transcribed.<\/li>\n<li>Based solely on the preponderance of the evidence presented during the hearing, the Hearing Board will formulate its recommendation as to whether the student more likely than not committed the alleged violation, and, if so, what remedial response should apply. The recommendation must be supported by a simple majority of the Hearing Board members.<\/li>\n<li><span class=\"Apple-converted-space\">\u00a0<\/span>The Hearing Board will not deliberate on the appropriate remedial response unless and until it determines that the student is responsible for the alleged violation or the student has accepted responsibility for the violation. In determining any remedial response to recommend, the Hearing Board may consider any relevant mitigating and aggravating circumstances, including prior conduct violations.<\/li>\n<li>The Hearing Board Chair will provide the Hearing Board\u2019s recommendation in writing to the student, the Dean of Students, and the Vice President for Student Affairs within three (3) days of the hearing. The recommendation will be signed by the Chair and include findings of fact and a statement of the reasons for the recommendation. If the recommendation is not unanimous, an explanation of any minority opinions will be included.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<\/ol>\n<p><strong>K. Review and Decision by the Vice President for Student Affairs<\/strong><\/p>\n<ol>\n<li><span class=\"Apple-converted-space\">\u00a0<\/span>Following a review of the Hearing Board\u2019s recommendation and the related case materials, the Vice President for Student Affairs will render a written decision that either affirms, denies, or modifies the Hearing Board\u2019s recommendation.<span class=\"Apple-converted-space\">\u00a0<\/span><\/li>\n<li><span class=\"Apple-converted-space\">\u00a0<\/span>If the Vice President for Student Affairs denies or modifies the Hearing Board\u2019s recommendation, the Vice President will explain any variance from the recommendation in the decision letter.<\/li>\n<li>The Vice President for Student Affairs will issue the decision letter within ten (10) days following receipt of the Hearing Board\u2019s recommendation, unless it becomes necessary to conduct further investigation or to remand the matter back to the Hearing Board, in which case the written decision must be transmitted no later than ten (10) days following completion of any subsequent investigation or recommendation by the Hearing Board.<\/li>\n<li>Copies of the decision letter will be transmitted to the student, the Dean of Students, and the Hearing Board Chair.<\/li>\n<li>The decision letter will include notice of the student\u2019s right to seek judicial review within thirty-five (35) calendar days pursuant to the Arizona Administrative Review Act, A.R.S. \u00a7 12-901, et seq.<\/li>\n<\/ol>\n<p><strong>L. Request for Review or Rehearing<\/strong><\/p>\n<ol>\n<li>The decision of the Vice President for Student Affairs will become final and effective ten (10) days after the date it is issued unless the student requests a review or rehearing. A student may request a review or rehearing by filing a written notice with the Chief of Staff within ten (10) days of the date of the decision letter issued by the Vice President for Student Affairs.<\/li>\n<li>A request for review or rehearing is not an appeal. Instead, it is an opportunity for the student to make the Chief of Staff aware of any irregularities or illegalities in the proceedings or of significant new evidence that could not have been provided earlier for consideration. The request must be based on one or more of the following grounds:<span class=\"Apple-converted-space\">\u00a0<\/span>\n<ul>\n<li><strong>a.<\/strong> \u00a0Irregularities in the proceedings or any abuse of discretion or misconduct by a University official that has deprived the student of a fair and impartial conduct process;<\/li>\n<li><strong>b.<\/strong> \u00a0Newly discovered material evidence which could not have been presented during the fact-finding or hearing process;<\/li>\n<li><strong>c.<\/strong> \u00a0Excessive severity of the disciplinary sanction; or<\/li>\n<li><strong>d.<\/strong> \u00a0The decision is not reasonably justified by the evidence or is contrary to law.<\/li>\n<\/ul>\n<\/li>\n<li>Following receipt of a request for review or rehearing, the Chief of Staff will first determine whether the student\u2019s request sets forth proper grounds for review or rehearing and will then undertake or direct whatever review is deemed necessary.<\/li>\n<li>The Chief of Staff will respond to the student\u2019s request for review or rehearing in writing within ten (10) days of receipt of the request. The Chief of Staff may uphold or modify the previous decision or grant a rehearing to resolve the issues raised by the request. The decision of the Chief of Staff is final.<\/li>\n<\/ol>\n<h4>Related Information***<\/h4>\n<p><a href=\"https:\/\/public.powerdms.com\/ABOR\/documents\/1491962\">ABOR Policy 5-302, Definitions<\/a><\/p>\n<p><a href=\"https:\/\/public.powerdms.com\/ABOR\/documents\/1491970\">ABOR Policy 5-308, Student Code of Conduct<\/a><span class=\"Apple-converted-space\">\u00a0<\/span><\/p>\n<h4>Policy History***<\/h4>\n<p>09\/29\/2026: \u00a0Policy revised. Approved as an interim policy.<\/p>\n<p>04\/14\/2026: \u00a0Extension of interim policy approved while revisions are under consideration.<\/p>\n<p>01\/14\/2025: \u00a0Non-substantive changes to fix formatting and delete an unnecessary word.<\/p>\n<p>01\/13\/2025: Policy revised. Approved as an interim policy.<\/p>\n<p>01\/09\/2023: \u00a0Policy revised.<\/p>\n<p>01\/01\/2016: \u00a0Policy adopted.<\/p>\n<p>&nbsp;<\/p>\n<p><strong>*<\/strong><em>As defined in <a href=\"https:\/\/public.powerdms.com\/ABOR\/documents\/1491970\">ABOR policy 5-308,<\/a> the term \u201cday,\u201d unless otherwise indicated, means \u201cuniversity business day, not including Saturday, Sunday, any officially recognized university employee holiday, or any day the university is closed\u201d.<span class=\"Apple-converted-space\">\u00a0<\/span><\/em><\/p>\n<p><strong>**<\/strong><em>\u201cPreponderance of the evidence\u201d means that, based upon all the available convincing evidence and its probable truth or accuracy, it is more likely than not that the alleged violation occurred. Alternatively stated, preponderance of the evidence means proof by information that, as compared with opposing information, leads to the conclusion that the fact at issue is more probably true than not.<span class=\"Apple-converted-space\">\u00a0<\/span><\/em><\/p>\n<p><strong>***<\/strong><em>Related Information and Policy History are solely for the user\u2019s convenience and are not part of the official university policy.<\/em><\/p>\n<p>&nbsp;<\/p>\n<h5>Keywords:<\/h5>\n<p style=\"padding-left: 30px\">Student conduct<br \/>\nStudent discipline<br \/>\nStudent rights and responsibilities<br \/>\nUniversity Hearing Board<\/p>\n<!-- shortcode-right-column -->\n<div class=\"shortcode-right-column\" >\n    <div class=\"shortcode-right-column__container\"><\/p>\n<p><strong>For more information about these procedures, contact the Office of the Dean of Students at 928-523-5181 or <\/strong><a title=\"Write to us\" href=\"mailto:DeanofStudents@nau.edu\" aria-label=\"Write to us\"><strong>DeanofStudents@nau.edu<\/strong><\/a><\/p>\n<hr \/>\n<h4>Quick Links<\/h4>\n<p><a href=\"https:\/\/in.nau.edu\/university-policy-library\/student-code-of-conduct\/\">Student Code of Conduct<\/a><\/p>\n<p><a href=\"https:\/\/in.nau.edu\/university-policy-library\/sexual-misconduct-in-violation-of-title-ix\/\">Sexual Misconduct in Violation of Title IX<\/a><\/p>\n<p><a href=\"https:\/\/in.nau.edu\/university-policy-library\/nondiscrimination-anti-harassment\/\">Nondiscrimination and<br \/>\nAnti-Harassment<\/a><\/p>\n<hr \/>\n<p><\/div>\n<\/div>\n\n","protected":false},"excerpt":{"rendered":"<p>Student Affairs Student Code of Conduct Procedures (Interim) The Student Code of Conduct is promulgated by the Arizona Board of Regents and governs student behavior at all three institutions that comprise the Arizona university system. Students enroll at NAU with the understanding that they must abide by these rules, and that violations may result in [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":2174,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"ring_central_script_selection":"","footnotes":""},"class_list":["post-8679","page","type-page","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/in.nau.edu\/university-policy-library\/wp-json\/wp\/v2\/pages\/8679","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/in.nau.edu\/university-policy-library\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/in.nau.edu\/university-policy-library\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/in.nau.edu\/university-policy-library\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/in.nau.edu\/university-policy-library\/wp-json\/wp\/v2\/comments?post=8679"}],"version-history":[{"count":22,"href":"https:\/\/in.nau.edu\/university-policy-library\/wp-json\/wp\/v2\/pages\/8679\/revisions"}],"predecessor-version":[{"id":11737,"href":"https:\/\/in.nau.edu\/university-policy-library\/wp-json\/wp\/v2\/pages\/8679\/revisions\/11737"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/in.nau.edu\/university-policy-library\/wp-json\/wp\/v2\/media\/2174"}],"wp:attachment":[{"href":"https:\/\/in.nau.edu\/university-policy-library\/wp-json\/wp\/v2\/media?parent=8679"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}