3.7.3.5.2. If no informal resolution has been effected within the fifteen (15) working days, the Executive Director will refer the matter to a hearing examiner for reconsideration pursuant to SDCL § 1-26 using the contested case proceedings. At the conclusion of the contested case proceedings, the hearing examiner will provide a recommendation to the Executive Director for the disposition of the matter by the Board. 3.7.3.5.2.1. Contested case proceedings may be conducted under protective orders entered pursuant to SDCL §§ 1-26-19 and 15- 6-26(c). 3.7.3.5.2.2. The Board may return the matter to the President, Senior Student Affairs Officer, or hearing panel for reconsideration or to the Title IX/EEO Coordinator for additional investigation, in light of the written decision. SOURCE: BOR February 1969; RR, 12:06, 1977; BOR 1980; BOR April 1987; BOR June 1990; BOR December 1994; BOR October 1996; BOR December 1999; BOR March 2006; BOR December 2006; BOR August 2009; BOR August 2011; BOR December 2013; BOR June 2014; BOR August 2015; BOR May 2016; BOR August 2016; BOR December 2017; BOR December 2018; September 2019 (Clerical); BOR August 2020. SOUTH DAKOTA BOARD OF REGENTS POLICY MANUAL 3:17 SUBJECT: Entry, Search and Seizure The rights of students to be secure in their person, living quarters, papers and possessions against unreasonable entry, searches and seizures shall be assured. Entry, search and seizure by civil officers upon warrant shall be governed by civil law. Institutions are delegated authority and responsibility to establish and publish reasonable administrative entry, search and seizure procedures necessary for the enforcement of institutional regulations, to protect and to maintain institutional property, and to aid in the basic responsibility of the university regarding discipline and maintenance of an educational atmosphere. 1. These procedures shall provide for entry into university-owned student residences when: A. Maintenance requested by the occupant(s) is being performed; B. Routine inspection of rooms for safety, health and general upkeep purposes of maintenance performed upon institutional initiative is preceded by at least twenty-four (24) hours written or posted notice to the occupant(s); C. There is imminent danger to safety, health or property of occupant(s) or to institutional property; D. Conduct or conditions in the residence immediately and seriously disrupt the discipline and educational atmosphere of the residence facility; or E. The entry is conducted by institution officials pursuant to an administrative entry/ search permit signed by a designee of the president. Such a permit shall be issued when there is reasonable cause to believe that a student is using his or her residence in a way that is illegal or a violation of the institution’s regulations. The permit must state: 1. the room(s) to be searched; 2. the regulation(s) allegedly being violated; 89 NSU STUDENT HANDBOOK 2024-25
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