45 NSU STUDENT HANDBOOK 2022-23 evidentiary hearings. 2.5.6.9.2.1. The hearing examiner will make a recommendation to the Board which will take the form of findings, conclusions and an order of disposition and will be issued within fifteen working days of the hearing or of the expiration of any briefing schedule established by the hearing examiner. A copy of the recommendation will be provided to the institution and to the private party. The recommendation must be based solely on the record, pertinent institutional and Board policies, this agreement and the law of the land. 2.5.6.9.3. The Board will make a final decision based upon the recommendation of the hearing examiner or the Executive Director where a matter is to be resolved as a matter of law. In addition, it may review the record pertinent to the issues and may hear testimony from individuals as it deems appropriate. Such decision will be made at the next regularly scheduled Board meeting following receipt of the recommendation, provided the recommendation is received not less than ten (10) working days prior to the Board meeting. If not received in time, the recommendation will be acted upon at the subsequent meeting. If the Board rejects or modifies the recommendation of the hearing examiner or the Executive Director, the Board will provide the institution and the private party with the reasons for rejecting or modifying the recommendation. 2.5.6.10. Appeals from the decision of the Board are governed by SDCL ch. 1-26. SOURCE:BOR August 2007; BOR April 2009; BOR December 2018 EQUAL OPPORTUNITY, NON-DISCRIMINATION, AFFIRMATIVE ACTION 1:19 1. Equal Opportunity The institutions under the jurisdiction of the Board of Regents shall offer equal opportunities in employment and for access to and participation in educational, extension and other institutional services to all persons qualified by academic preparation, experience, and ability for the various levels of employment or academic program or other institutional service, without discrimination based on sex, race, color, creed, national origin, ancestry, citizenship, gender, gender identification, transgender, sexual orientation, religion, age, disability, genetic information or veteran status or on any other status that may become protected under law against discrimination. 2. Non-Discrimination, Civil Rights and Affirmative Action The Board reaffirms its commitment to the objectives of affirmative action, equal opportunity and non-discrimination in accordance with state and federal law. Redress for alleged violations of those laws may be pursued at law or through the procedures established by the provisions of 1:18 of this policy. 3. Responsibilities of Chief Executive Officers The chief executive officers of the respective institutions shall be responsible for assuring that the Board’s equal opportunity policies are communicated effectively to members of the institutional community and the public at large. The means for such communication may include seminars and other forms of public service or instructional programming and shall include notices to be posted or otherwise incorporated into institutional promotional materials. Such notices should clearly identify persons who are responsible for the implementation of equal opportunity policies and should advise readers or listeners of how they might contact the responsible institutional officials to obtain further information or to express their concerns about implementation of institutional policies. SOURCE: BOR, February 1969; BOR, June 1987; BOR, October 1993; October, 1995; BOR, October 2010; BOR, December 2013.
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