Catalog 73 - National University

Policies and Proceduresfor enforcing the rule or procedure. The University encouragesdiscussion between the parties directly involved in a dispute,especially in the early stages before the parties have assumed officialor public positions that may polarize the dispute and makeresolution more difficult. Students may seek advice about how bestto approach this individual or to obtain other assistance, such asmediation, from their admissions advisor, the Office of StudentAffairs, or any other appropriate campus officer.If no resolution is forthcoming or if direct confrontation is deemedinappropriate, the student may report the incident(s) to the VicePresident for Student Services or to the alleged offender’s supervisor,if appropriate.The campus officer who is consulted will keep a written log ofdiscussions, which in all events will be forwarded to the VicePresident for Student Services. If the dispute is resolved to thesatisfaction of all parties, a memorandum stating resolution of theconflict is sent to the parties and the Vice President for StudentServices will monitor the situation to prevent recurrence orretaliation.Formal Procedures for Civil Rights IssuesA. Filing a Written Complaint with the Vice President forStudent Services:1) The complainant must complete a complaint form. These formsare available in the Office of Student Affairs. To be processed, thecomplaint must be filed within 120 days of the alleged unlawfuldiscrimination or harassment or within one-hundred twenty (120)days of the complainant’s learning of the discriminatory orharassing action.2) The Vice President for Student Services dates and logs all writtencomplaints and sends the complainant an acknowledgement thatthe complaint is under review.3) If the complaint does not meet the procedural requirements, theVice President for Student Services immediately notifies thecomplainant of the specific deficiencies of the complaint. If thecomplaint meets the procedural requirements, the Vice Presidentfor Student Services forwards a copy of the complaint to thealleged offender or unit against which the complaint is made(“respondent”).4) The Vice President for Student Services will arrange appropriateinterim measures when warranted to protect the parties.5) The Vice President for Student Services investigates the complaint(or the Vice President’s designee, who has been trained in theinvestigation of such complaints), meeting separately with thestudent and with others who are either named in the complaint orwho may have knowledge of the facts. Generally, the investigationis completed within thirty (30) days from the date the VicePresident for Student Services receives the complaint.On completion of the investigation, the Vice President for StudentServices will prepare a report of the witness statements and theevidence and will provide a copy to each party.B. A review panel is established as follows:The complainant and respondent each nominate one student oremployee who is unbiased, not involved in the complaint and willingand available to serve as a member of the panel.The nominated panel members select, by mutual agreement, anothermember who will serve as chair of the panel, who will conduct thehearing and rule on procedural matters. If they are unable to agree ona chair, the Vice President for Student Services makes the selection.C. Once the review panel is established:The chair sets the time and place for the hearing at the earliestpossible time consistent with the schedules of the parties and thepanel. The date of the hearing may be postponed or extended bymutual agreement of the parties with the consent of the chair. Thepanel makes every reasonable effort to conduct its hearing withinfourteen (14) days of the panel’s formation.The failure of any party to appear without justifiable cause willterminate that party’s right of appeal. The Vice President for StudentServices reviews pertinent evidence and coordinates the hearingprocess by informing the panel of its role, defining the issues andensuring that the panel is provided with the complaint, response andother appropriate information. The Vice President for StudentServices serves as recorder of the proceedings and advisor to thepanel, but does not vote.The standard of review to be used in all proceedings is fundamentalfairness. Strict rules of evidence and procedures are not required solong as the proceedings are conducted in a manner that allows bothsides to fairly and fully explain the circumstances. Decisionsregarding the admissibility of evidence and the weight to be given topieces of evidence will be made by the chair. The burden of proof isupon the complainant to prove his or her case by a preponderance ofthe evidence, which means that the proof need only show that thefacts are more likely to be so than not so.The review panel proceedings will be conducted in a closed hearing.The parties will have a reasonable opportunity for oral presentationand to present written evidence. The hearing is not a legal forum andrepresentation of parties by legal counsel is not permitted. Theparties may, however, be accompanied by another member of theUniversity community, who will act as a personal advisor withwhom they may consult.The panel will make every reasonable effort to forward its writtenfindings to the Vice President for Student Services and to the partieswithin seven (7) days after the close of the hearing.The findings will be recorded and signed by the parties and the VicePresident for Student Services, except when either party disagrees withthe findings of the committee and decides to appeal. Reasonable,timely, and effective action will be taken as needed to correctdiscriminatory effects, prevent recurrence, or remedy the complainant’sloss, if any. These actions will be communicated to the complainant.In the event disciplinary action is recommended, the respondent willbe entitled to fair process provided by University rules andregulations. Only when a complaint reaches the formal process andonly if it is sustained will it be recorded in the respondent’s studentor personnel file.Appellate Procedures for Civil Rights IssuesA party may file a written appeal within ten (10) days of receipt ofthe findings with the Provost. The written appeal must state theobjections to the decision. Upon receipt of the appeal, the Provostwill forward a copy to the other party(ies).Parties can forward commentary to the Provost within fourteen (14)days of receipt of the appeal.Within twenty-one (21) days following receipt of an appeal, theProvost will render a final decision.Changes to these procedures may be made as needed to resolve51Policies andProcedures