81 NSU STUDENT HANDBOOK 2023-24 3.5.9.5. The Student Conduct Panel may ask the complainant and/or the Respondent whether s/he agrees to answer questions. The Student Conduct Panel may then ask questions of either or both parties who agree to answer questions. 3.5.9.6. The Student Conduct Panel will meet in a closed session to discuss and make its recommendation, which closed session shall not be audio recorded. 3.5.10. The Student Conduct Panel shall review all information and materials presented to it and shall decide by majority vote whether the respondent violated the Student Code by a preponderance of the evidence (i.e., more likely than not). Decision-making techniques or approaches that apply sex stereotypes or generalizations should be avoided so that the hearing process proceeds objectively and impartially. 3.5.11. The Student Conduct Panel shall prepare written findings to support its determination. If multiple allegations of misconduct exist, a decision should be reached separately for each allegation. These written findings shall include: • Concise statements of each factual finding; • Brief explanations of whether and why the factual findings support a conclusion that the conduct either violated or did not violate the Student Code; • These must address each factual element that must be satisfied to establish that conduct has violated the Student Code. • Any initial, interim, or final decisions by the institution; and • If a violation is found, recommendations of appropriate conduct sanctions and supporting rationale for the conduct sanctions. 3.5.12. The Student Conduct Panel shall forward its written findings to the Chair. The Chair has sole discretion to adopt or reject any portion of the written findings. 3.5.12.1. If any portion of the written findings are rejected, the Chair shall issue new written findings it determines to be appropriate for such portion(s), and will provide the Student Conduct Panel with an explanation for its decision. 3.5.12.2.The Chair shall determine the effective date of any conduct sanctions imposed, which effective date should be on or after the exhaustion of the appeal as a matter of right. However, interim measures may remain in place, or be instituted, until the effective date of any conduct sanctions. 3.5.13. The Chair’s written findings and information about appeal rights, shall be provided to the respondent. When FERPA allows, the complainant will receive the permitted information simultaneously. See Section C.3.5.1 below for more information. 3.5.13.1.In matters involving allegations of Academic Misconduct, the Chair’s written findings shall also be provided to the faculty member. 3.5.13.2.In matters involving allegations of Human Rights violations, the complainant must also be provided information about appeal rights. 3.5.14. The audio record of the hearing shall be the property of the institution and shall be maintained by the Student Conduct Officer. No other person may record the hearing. 3.5.14.1.The audio record and its contents shall be confidential and may only be used for purposes of any appeals. Any person who discloses the contents of the audio record to parties not involved in the appeal shall be subject to conduct sanction.
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