Student Code of Conduct
Student Responsibilities, Rights, and Freedoms
Northeast Community College reserves the right to make changes as necessary in this
Student Code of Conduct.
Students enrolled at Northeast Community College (Northeast) are expected to conduct
themselves in a mature and responsible manner. It is the policy of Northeast to
allow students maximum freedom consistent with good scholarship and citizenship.
Students are required to engage in responsible social conduct that reflects credit
upon the college community and to model good citizenship in any community. Good
citizenship implies high standards of conduct and requires conformity to the laws
of the United States, the State of Nebraska, its subdivisions, and to Northeast
policies, procedures, and Code of Conduct.
Article I: Definitions
- A. The term “College” means Northeast Community College, including its Norfolk campus,
the College Center at South Sioux City and its Extended Campuses in O’Neill and
West Point, Nebraska.
- B. The term “student” includes all persons enrolled in courses at the College, including
credit and non-credit, full-time or part-time, on site, online, or via distance
education, or Adult Education courses. Persons who withdraw from classes after allegedly
violating the Student Code and persons who are living in College residence halls,
although withdrawn from Northeast Community College, are considered “students” under
this Code of Conduct. This Student Code does apply at all locations of the College,
including sites of College-sponsored events/activities.
- C. The term “faculty member” means any person employed by the College to conduct
teaching activities or who is otherwise considered by the College to be a member
of its faculty.
- D. The term “College official” includes any person employed by the College performing
assigned administrative or professional responsibilities.
- E. The term “member of the College community” includes any person who is a student,
faculty member, College official, or any other person employed by the College. A
person’s status in a particular situation shall be determined by the College President.
- F. The term “College premises” includes all land, buildings, facilities, and other
property in the possession of or owned, used, rented, or controlled by the College,
including adjacent streets and sidewalks.
- G. The term “organization” means any number of persons who have complied with the
formal requirements for College recognition or registration.
- H. The term “academic year” means the first day of the fall semester through the
last day of the second summer session.
- I. The term “Student Conduct Appellate Board”, hereafter referred to as the “Appellate
Board”, means those persons appointed by the Director of Student Conduct to consider
an appeal from the sanctions imposed by the Director of Student Conduct, or his/her
- J. The term “shall” or “will” is used in the imperative sense.
- K. The term “may” or “might” is used in the permissive sense.
- L. The term “Director of Residence Life and Food Service” is the official at the
College who is responsible for the administration of Residence Life policies, including
the imposition of sanctions upon any student(s) found to have violated specific
Residence Life policies.
- M. The term “Director of Student Conduct” is the official at the College who is
responsible for the administration of the Student Code of Conduct, including the
imposition of sanctions upon any student(s) found to have violated said Code.
- N. The term “Vice President of Student Services” is the College official exercising
primary authority over the College’s Student Services, programs, and operations.
- O. The term “code” means the Student Code of Conduct as found in the Student Handbook,
on the College website, in the College catalog, or other official College publications.
- P. The term “Residence Life Manual” means the written regulations of the College
as found in the Residence Life Manual or on the College website.
- Q. The term “cheating” includes, but is not limited to: 1) use of any unauthorized
assistance in taking quizzes, tests, or examinations; 2) use of sources beyond those
authorized by the instructor in writing papers, preparing reports, solving problems,
or carrying out other assignments; 3) the acquisition, without permission, of tests
or other academic material belonging to a member of the College faculty or staff;
and 4) engaging in any behavior specifically prohibited by a faculty member in the
course syllabus or class discussion.
- R. The term “plagiarism” includes, but is not limited to, the use, by paraphrase
or direct quotation, of the published or unpublished work of another person without
full and clear acknowledgment. It also includes the unacknowledged use of materials
prepared by another person or agency engaged in the selling of term papers or other
- S. The term “Complainant” means any person who submits a charge alleging that a
student, group of students, or student organization violated the Student Code of
Conduct. When a student believes that she/he has been a victim of another student’s
misconduct, the student who believes she/ he has been a victim will have the same
rights under the Student Code of Conduct as are provided to the Complainant, even
if another member of the College community submitted the charge.
- T. The term “Accused Student” means any student, group of students, or student organization
accused of violating the Student Code of Conduct.
Article II: Student Code Authority
- A. The Director of Student Conduct or his/her designee shall appoint three (3) persons
each academic year to serve on the Student Conduct Appellate Board: one (1) on-campus
student; one (1) off-campus student; and one (1) full-time faculty or staff member.
The Director of Student Conduct shall also appoint one (1) alternate member from
each of the three (3) categories who shall serve if the regular member is unavailable.
- B. The Director of Student Conduct shall develop policies for the administration
of the student conduct system and procedural rules for the conduct of Student Conduct
Appellate Board Hearings. These policies shall be consistent with provisions of
the Student Code of Conduct.
- C. Decisions made by a Student Conduct Appellate Board and/or the Director of Student
Conduct shall be final, pending the “normal appeal process”. This process is outlined
in the Student Handbook and on the College website.
Article III: Proscribed Conduct
- Jurisdiction of the Northeast Student Code of Conduct The College Student Code of
Conduct shall apply to conduct that occurs on College premises and at College sponsored
activities. Each student shall be responsible for his/her conduct during each academic
year for which he/she is enrolled. The Student Code shall apply to a student’s conduct
if the student withdraws from school while a disciplinary matter is pending.
- Conduct – Rules and Regulations
Any student found to have committed the following misconduct is subject to the disciplinary
sanctions outlined in Article IV:
- Acts of dishonesty, including, but not limited to, the following:
- Cheating on an advanced placement test or other examination required for admission.
- Cheating or plagiarism in the classroom or other forms of academic dishonesty. Such
acts of dishonesty shall be referred to the Educational Services Division for handling
pursuant to Educational Services policy and administered by the instructor, associate
dean, dean, and/or Vice President of Educational Services.
- Furnishing false information to any College official, faculty member, or office.
- Forgery, alteration, or misuse of any College document, record, or instrument of
identification, including misrepresentation of degrees awarded or honors received.
- Other forms of dishonesty relating to academic achievement or academically related
- Tampering with the election of any institutionally recognized student organization.
- Claiming to represent or act on behalf of the institution when not authorized to
so represent or so act.
- Disruption or obstruction of teaching, administration, disciplinary proceedings,
other College activities, including its public service functions on- or off-campus,
or of other authorized non-College activities when the conduct occurs on College
- Disruption of or interference with the activities of persons who are studying, sleeping,
or otherwise engaging in activities that are consistent with the normal and expected
uses of institutional facilities or of student residential facilities.
- Acts of aggression including threats, intimidation, coercion, or other conduct that
threatens or endangers the health or safety of any person:
- Conduct that threatens or endangers a student’s own health or safety may also violate
- “Aggression” means not only intentional infliction of harm, but also conduct that
intentionally subjects another to unwelcome, offensive, physical contact or that
puts another person in reasonable fear that the actor intends immediately to subject
that person to intentional injury or unwelcome, offensive touching.
- Threats, intimidation, or acts of violence against employees, students, or visitors
on Northeast Community College property will not be ignored, condoned, or tolerated.
(Northeast Community College Personnel Code 4107, Item 8839 or as the same may from
time to time be amended) Physical contact will result in law enforcement being called.
- Sexual Misconduct. Sexual Misconduct offenses occur when a person is subjected to
any sexual act against that person’s will or consent and include, but are not limited
to: sexual harassment; non-consensual sexual contact (or attempts to commit same);
non-consensual sexual intercourse (or attempts to commit same); sexual exploitation.
Consent is clear, knowing, and voluntary. Persons who are minors, mentally disabled,
and/or under the influence of alcohol, marijuana, or other illegal or legal controlled
substances at the time they are subjected to the sexual act shall be presumed incapable
of effective consent. In matters of alleged sexual misconduct, both the accuser
and the accused have the opportunity to have others present during a disciplinary
proceeding as permissible by the Title IX Coordinator.
- Discriminatory Conduct, including race, color, national origin, sexual orientation,
disability, religious, or gender-based harassment or harassment on any other grounds,
directed at individuals. This also includes intimate partner violence (domestic
or dating), bullying, and stalking.
- Harassment may be established by showing:
- Conduct toward another person that has the purpose or effect of creating an intimidating,
hostile, or demeaning environment and/or that interferes with his or her ability
to participate in or to realize the intended benefits of an institutional activity,
employment, or resource; or
- Other conduct that is extreme and/or outrageous, exceeding bounds usually tolerated
by polite society and that has the purpose or the substantial likelihood of interfering
with another person’s ability to participate in or benefit from the College’s educational
programs or activities. This also includes stalking; cyber stalking; bullying; threats;
abuse; insults; or humiliation to the instructor or the members of a class; demeaning
written or oral comments of an ethnic, religious, sexist/sexual orientation, or
racist nature; and unwanted sexual advances or intimidation by email, discussion
boards, and other postings in course shells. Any case that is determined to be of
a criminal or legal nature will be referred to local authorities.
- Attempted or actual theft of and/or damage to property of the College or property
of a member of the College community or other personal or public property, on- or
- Possession of stolen property on institutional property or at a Collegesponsored
activity where the property is known to be stolen.
- Hazing, defined as an act which endangers the mental or physical health or safety
of a student, or which destroys or removes public or private property, for the purpose
of initiation, admission into, affiliation with, or as a condition for continued
membership in a group or organization. The express or implied consent of the victim
will not be a defense. Apathy or acquiescence in the presence of hazing are not
neutral acts; they are violations of this rule.
- Failure to comply with directions of College officials, campus security staff, or
law enforcement officers acting in performance of their duties and or failure to
identify oneself to these persons when requested to do so.
- Unauthorized possession, duplication, or use of keys to any College premises or
unauthorized entry to or use of College premises.
- Operating a vehicle on campus so as to endanger public safety, including negligent
and/or reckless driving and other vehicle misconduct.
- Violation of any College policy, rule, or regulation published in hard copy or available
electronically on the College website.
- Violation of any federal, state, or local law on institutional premises or at institutionally-sponsored
or supervised activities, including behavior classified as disorderly, lewd, indecent,
or a breach of peace.
- Use, possession, manufacture, or distribution of marijuana, heroin, narcotics, or
other controlled substances except as expressly permitted by law. This includes
possession of drug paraphernalia, and attending College classes and/or activities
while under the influence of illegal and/or controlled substances both on- and off-campus.
- Use, possession, manufacture, or distribution of alcoholic beverages, containers,
and paraphernalia on all property of the College and at all College sponsored events
held off campus. This includes possession of alcohol paraphernalia, and attending
College classes and/or activities while under the influence of alcohol.
- The use of tobacco and/or tobacco substitutes is not permitted on any College-owned
property, in buildings, vehicles, during classes, athletic events, or at any College-sponsored
activities. This includes, but is not limited to, cigarettes, cigars, smokeless
tobacco, and electronic smoking devices.
- Making bomb threats.
- Any possession, such as, but not limited to, firearms, explosives, knives with over
3.5” blade, destructive devices, dangerous chemicals, fireworks, or any other items,
even if legally possessed, used in a manner that harms, threatens, or causes fear
to others. Violation of these prohibitions will result in disciplinary and/or law
- Participating in an on-campus or off-campus demonstration, riot, or activity that
disrupts the normal operations of the College and/or infringes on the rights of
other members of the College community; leading or inciting others to disrupt schedules
and/or normal activities within any campus building or area.
- Obstruction of the free flow of pedestrian or vehicular traffic on College premises
or at College-sponsored or supervised functions.
- Performing acrobatic maneuvers on bicycles, skateboards, rollerblades, or other
like equipment as well as using such equipment inside College buildings or Residence
Halls and Apartments. Students found violating this rule or causing property damage
will be subject to fines and replacement or repair costs.
- Conduct that is disorderly, lewd, or indecent; breach of peace; or aiding, abetting,
or procuring another person to breach the peace on College premises or at functions
sponsored by, or participated in, the College or members of the academic community.
Disorderly conduct includes, but is not limited to, any unauthorized use of electronic
or other devices to make an audio or video record of any person while on College
premises or at a College-sponsored event without his/her prior knowledge, or without
his/her effective consent when such a recording is likely to cause injury or distress.
This includes, but is not limited to, surreptitiously taking pictures of another
person in a gym, locker room, restroom and/ or living quarters; it also includes
posting such photos to websites. In addition, unauthorized photos of students and
employees in any area of the College is prohibited, unless it is approved by the
- Theft or other abuse of computer facilities and resources, including, but not limited
- Unauthorized entry into a file to use, read, or change the contents or for any other
- Unauthorized transfer of a file.
- Use of another individual’s identification and/or password or misrepresenting the
identity of the sender.
- Use of computing facilities and resources to interfere with the work of another
student, faculty member, or College Official.
- Use of computing facilities and resources to send obscene, threatening, harassing,
or abusive messages.
- Use of computing facilities and resources to interfere with normal operation of
the College computing system.
- Use of computing facilities and resources in violation of copyright laws.
- Making, acquiring, or using unauthorized copies of computer software or violating
terms of applicable software license agreements.
- Attempting to circumvent data protection schemes or tampering with security.
- Any violation of Student Code 5090 Acceptable Use Policy—Electronic Resources and
Student Code 5090 a. Acceptable Use Policy—Electronic Resources Procedures. (Northeast
Community College Student Code 5090, Item 9142 or as the same may from time to time
- Abuse of the Student Conduct System, including, but not limited to,
- Failure to obey notice from a College Official to appear for a meeting or hearing
as part of the Student Conduct System.
- Falsification, distortion, or misrepresentation of information before a College
official and/or the Appellate Board.
- Disruption or interference with the orderly conduct of an Appellate Board proceeding.
- Instituting a student conduct code proceeding in bad faith.
- Attempting to discourage an individual’s proper participating in, or use of, the
student conduct system.
- Attempting to influence the impartiality of a member of an Appellate Board prior
to, and/or during the course of, the Appellate Board proceeding.
- Harassment (verbal or physical) and/or intimidation of a member of the Appellate
Board prior to, during, and/or after a student conduct code proceeding.
- Influencing or attempting to influence another person to commit a violation of the
Student Code of Conduct or procedures relating thereto.
- Conduct not expressly proscribed may also subject students, groups of students,
or student organizations to discipline where it demonstrates that a student, group
of students, or organization has disregarded the need to conform to reasonable rules
and regulations intended to protect the health and safety of others and to assure
their orderly access to and beneficial use of institutional resources and facilities.
- Formal or informal student organizations, which by repeated practice, initiate,
encourage, support, or tolerate conduct by members, associates, or guests that violate
the provisions of this Code shall be subject to discipline.
- Violation of Law and College Code of Conduct
- No provision of this Code shall be interpreted to deprive students of rights guaranteed
them under state or federal law.
- College disciplinary proceedings may be instituted against a student charged with
conduct that potentially violates both criminal law and the Student Code of Conduct
(it is possible both violations may result from the same factual situation) without
regard to the pendency of any civil or criminal proceedings under this Student Code
may be carried out prior to, simultaneously with, or following any civil or criminal
proceedings conducted off-campus. Determinations made or sanctions imposed under
this Code shall not be subject to change because criminal charges brought against
a student or group of students were dismissed, reduced, or resolved in a Court of
- When a student or group of students is/are charged by federal, state, or local authorities
with a violation of law, the College will not request or agree to special considerations
for that individual because of his or her status as a student. Off-campus conduct
that affects the well-being of the College community can be cause for sanctions
from the College. If the alleged offense is also being processed under the Code,
the College may advise off-campus authorities of the existence of the Code and of
how such matters are typically handled within the College community. The College
will cooperate with law enforcement and other agencies in the enforcement of criminal
law violations which occur at the College. Individual students and other members
of the College community, acting in their personal capacities, remain free to interact
with governmental representatives as they deem appropriate.
- When the Vice President of Student Services receives a report of student misconduct
that may constitute a felony offense under state or federal law, that official shall
immediately report the known facts and circumstances to the local law enforcement
officials who have jurisdiction over the matter.
Article IV: Student Conduct Code Procedures
- A. Charges and Appellate Board Hearings
- 1. Any member of the College community may file charges against a student for violations
of the Code. A charge shall be prepared in writing and filed with the Director of
Student Conduct or his/her designee. Any charge should be submitted as soon as possible
after the event takes place, preferably within three (3) work days.
- 2. The Director of Student Conduct or his/her designee shall conduct an investigation
to determine 1) if a violation may have in fact occurred, 2) if so, what an appropriate
sanction(s) might be, and 3) if a charge(s) and sanction(s) can be administratively
resolved by mutual consent of the parties involved. The Director or his/her designee
shall supply to the accused student, a letter outlining the Code or Residence Life
violation and the sanction(s) to be imposed. Accused students may appeal the sanction(s)
for the following reasons: 1) inappropriate sanction (does not follow the Residence
Halls or Student Services matrix of sanctions); 2) procedural defect during the
initial investigation or meeting with College Official(s); 3) presence of new evidence.
A Petition for Appeal form can be obtained from the Director of Student Conduct
and/or the Director of Residence Life and Food Service.
- 3. In disciplinary cases involving sexual misconduct, both the accused and the accuser/victim
will receive, in writing, the results of the investigation and any sanction(s) imposed.
- Sanctions may be imposed upon any student found to have violated the Code or Residence
Life Manual. Those sanctions may include the following:
- Warning – Written: A notice in writing to the student that the student has violated
the Code or Residence Life Manual. Verbal: A discussion with the student outlining
- Probation – A designated period during which a student is considered “not in good
social standing” with the College. Additional behavior in violation of College regulations
during the probationary period may constitute grounds for more serious disciplinary
action including, but not limited to, suspension/dismissal from the residence halls,
and/ or suspension/dismissal from the College. Probation may include specific terms
and conditions as deemed appropriate by the Director of Student Conduct or his/her
- Loss of Privileges – Denial of specified privileges for a designated period of time.
- Fines – A sum imposed as a consequence of violating the Code of Conduct or the Residence
- Community Service - Time spent, without pay, on projects that benefit the College
and the College community.
- Restitution – Compensation for loss, damage, or injury. This may take the form of
appropriate service and/or monetary or material replacement.
- Discretionary Sanctions – Work assignments, essays, service to the College, or other
related discretionary assignments.
- Residence Hall Suspension – Separation of the student from the residence halls for
a definite period of time, after which the student is eligible to return. Conditions
for readmission may be specified.
- Residence Hall Expulsion – Permanent separation of the student from the residence
- Interim Suspension – In certain circumstances, the Vice President of Student Services
or his/her designee may impose an institutional or residence suspension prior to
the hearing before a judicial officer. Interim suspension may be imposed only for
one or more of the following purposes:
- To ensure the safety and well-being of members of the campus community or preservation
of institutional property or other property located on premises controlled by the
- To ensure a student’s own physical or emotional safety and well-being.
- To ensure the normal operations of the institution where a student poses a definite
threat of disruption of or interference with the normal operations of the institution.
During the interim suspension, students shall be denied access to residence facilities
or to the campus (including classes) or all other institutional activities or privileges
for which the student might otherwise be eligible as the Vice President of Student
Services may determine to be appropriate.
- College Suspension – Separation of the student from the College for a definite period
of time, after which the student is eligible to return. Conditions for readmission
may be specified.
- College Expulsion – Permanent separation of the student from the College.
- Revocation of Admission and/or Degree – Admission to or a degree awarded from the
College may be revoked for fraud, misrepresentation, or other violation of College
standards in obtaining the degree, or for other serious violations committed by
a student prior to graduation. n. Withholding of a Transcript – The College may
withhold a formal transcript until the completion of the process set forth in the
Student Conduct Code, including the completion of all sanctions imposed, if any.
- More than one of the sanctions listed above may be imposed for any single violation.
- Student Disciplinary Records: Other than College expulsion or withholding of a formal
transcript, disciplinary sanctions shall not be made part of the student’s permanent
academic record, but shall become part of the students’ disciplinary record. Upon
graduation, the student’s disciplinary record may be expunged of disciplinary actions
other than residence hall expulsion, College suspension, College expulsion, or withholding
of a formal transcript, upon application to the Vice President of Student Services
or his/ her designee. Cases involving the imposition of sanctions other than residence
hall expulsion, College suspension, College expulsion, or revocation or withholding
of a degree shall be expunged from the student’s confidential record seven years
after final disposition of the case.
- In situations involving both an accused student(s) (or group or organization) and
a student(s) claiming to be the victim of another student’s conduct, the records
of the process and of the sanctions imposed, if any, shall be considered to be the
education records of both the accused student(s) and the student(s) claiming to
be the victim because the educational career and chances of success in the academic
community of each may be impacted.
- The following sanctions may be imposed upon groups or organizations:
- Those sanctions listed above in article IV (B) (1) (a) – (n)
- Loss of selected rights and privileges for a specified period of time.
- Deactivation: Loss of all privileges, including College recognition, for a specified
period of time.
- In each case in which the Director of Student Conduct or his/her designee determines
that a student and/or group or organization has violated the Code or Residence Life
Manual, the sanction(s) shall be determined and imposed by the Director or his/her
designee. Following the meeting with the Director or designee, the accused student
and/ or group or organization will be informed in writing of the sanction(s) imposed,
- A decision reached by the Director of Student Conduct or his/her designee may be
appealed by the accused student(s) or complainant(s) to the Appellate Board within
three (3) working days of the decision. Accused students may appeal the sanction(s)
for the following reasons: 1) inappropriate sanction (does not follow the Residence
Halls or Student Services matrix of sanctions); 2) procedural defect during the
initial investigation or meeting with College Official(s); 3) presence of new evidence.
A Petition for Appeal form can be obtained from the Director of Student Conduct
and/or the Director of Residence Life and Food Service.
- The appeal shall be limited to a review of the initial meeting with the Director
or his/her designee and supporting documents. If there is new information and/or
relevant facts which were not known to the accused at the time of the original meeting
with the Director or his/her designee, the Appellate Board may allow said new information
and/or relevant facts to be brought out if requested by the accused prior to the
time for the appellate hearing as provided in Subparagraph 4 below.
- The Appellate Board’s responsibility is:
- To determine whether the meeting was conducted fairly in light of the charges and
information presented and in conformity with prescribed procedures giving the complaining
party a reasonable opportunity to prepare and to present information that the Code
or Residence Life Manual was violated and giving the accused student a reasonable
opportunity to prepare and to present a response to those allegations. Deviations
from designated procedures shall not be a basis for sustaining an appeal unless
significant prejudice results.
- To determine if the decision reached regarding the accused student was based on
whether there were sufficient facts in the case to establish that a violation of
the Student Code occurred.
- To determine whether the sanction(s) imposed were appropriate for the violation
of the Code or Residence Life Manual which the student was found to have committed.
- The Appellate Board hearings shall be conducted according to the following guidelines:
- Appellate Board hearings shall be conducted in private unless requested to be an
open hearing by the accused or complainant. The hearing shall be not less than five
(5) nor more than fifteen (15) work days after the student or accused has filed
the appeal with the Director of Student Conduct or his/her designee. Maximum time
limits for scheduling of this meeting may be extended at the discretion of the Director
or his/her designee.
- College faculty or staff member shall serve as the Chair of the Appellate Board.
- The complainant and the accused student shall have the right to be assisted by an
advisor of their choice, at their own expense. The advisor shall be a member of
the College community and may not be an attorney. The complainant and/or the accused
student is responsible for presenting his or her own information. Advisors shall
only be permitted to speak at the hearing if requested by the complainant or accused
prior to the hearing and approved by the Appellate Board Chair.
- The complainant, accused student and their advisors, if any, shall be allowed to
attend the entire portion of the Appellate Board hearing at which information and
testimony is received (excluding deliberations). Admission of any other person to
the Appellate Board hearing shall be at the discretion of the Appellate Board Chair.
- In Appellate Board hearings involving more than one accused student, the Appellate
Board Chair, at his or her discretion, may permit the Appellate Board hearing(s)
concerning each student to be conducted either separately or jointly.
- The Appellate Board Chair shall have the power to remove from the hearings any person
whose conduct interferes with the hearings.
- The complainant, the accused student, and the Appellate Board may arrange for witnesses
to present pertinent information to the Appellate Board. If reasonably possible,
the College will try to arrange the attendance of possible witnesses who are members
of the College community and who are identified by the complainant and/or accused
student at least two work days prior to the Appellate Board hearing. Witnesses will
provide information to and answer questions from the Appellate Board. The accused
Student, the complainant, and the Director of Student Conduct shall have the privilege
of presenting witnesses, subject to the right of cross examination by the other
party or parties. Witnesses may only be present during the hearing while testifying.
It is the intent to preserve the educational tone of the hearing and to avoid creation
of an adversarial environment. Questions of whether certain information will be
allowed to be introduced and considered at the hearing shall be resolved by the
Appellate Board Chair.
- Pertinent records, exhibits, and written statements (including Student Impact Statements)
may be accepted as information for consideration by the Appellate Board at the discretion
of the Appellate Board Chair.
- All procedural questions are subject to the final decision of the Appellate Board
- After the evidentiary portion of the Appellate Board hearing concludes in which
all pertinent information has been received, the Appellate Board shall determine
(by majority vote) whether the accused student has violated each section of the
Code or Residence Life Manual which the student is charged with violating.
- The Appellate Board’s determination shall be made on the basis of whether it is
more likely than not that the accused student violated the Code or Residence Life
Manual and whether the sanction imposed was reasonable and appropriate for the violation.
- The fact that a student acted while under the influence of alcohol, marijuana, or
an illegal controlled substance shall not be considered a mitigating factor.
- Formal rules of process, procedure, and formal rules of evidence, as are applied
in civil or criminal court proceedings, are applicable to these appellate proceedings.
- There shall be a single verbatim record, such as a tape recording, of all hearings
before the Appellate Board (not including deliberations). Deliberations shall not
be recorded. The record and its contents shall be held in confidence and may be
used only for the purpose of appeal to the Dean of Student Life or the Vice President
of Student Services. In the event of such appeal, the complainant and the accused
student shall be given access to the record for purposes of preparing the appeal.
Access shall be provided at such places and times as the Vice President of Student
Services may direct. The record shall be the property of the College.
- If an accused student or complainant, with notice, does not appear for a scheduled
Appellate Board hearing, after having received written notice of the same, the information
in support of the charges shall be presented and considered even if the accused
student is not present.
- The Appellate Board may accommodate concerns for the personal safety, well-being,
and/or fears of confrontation of the complainant, accused student, and/or other
witnesses during the hearing by providing separate facilities, by using a visual
screen, and/or by permitting participation by telephone, videophone, closed circuit
television, video conferencing, or other means, as long as the ability for cross
examination of the witness is preserved, and where and as determined is the sole
discretion of the Appellate Board Chair to be appropriate.
- The Appellate Board Chair shall prepare written findings to support the Board’s
determination. These shall include:
- Concise statements of each factual finding.
- Brief explanations of whether factual findings justify a conclusion that the conduct
violated the Code or Residence Life Manual.
- Recommendations concerning appropriate sanctions.
- A copy of these findings will be presented to the Director of Student Conduct, and
mailed certified mail, return receipt requested to the complainant and the accused
student within five (5) work days of the determination.
- In cases involving sexual misconduct, both the accused and the accuser/ victim will
receive, in writing, the results of the investigation and any sanction(s) imposed.
- The determination of the Appellate Board is final, unless new information regarding
the accusation is brought forth.
- If the accused or complainant does not agree with the determination of the Appellate
Board, he/she may file a written Notice of Appeal to be considered by the Dean of
Student Life or the Vice President of Student Services. This Appeal must be requested,
in writing, to the Dean of Student Life or the Vice President of Student Services,
no more than five (5) work days from the date of the statement prepared/submitted
by the Appellate Board Chair to the accused student or complainant.
- The Dean of Student Life or the Vice President of Student Services shall review
the record on appeal and render a written decision within fifteen (15) working days
after receipt of the Notice of Appeal. The Dean of Student Life or the Vice President
of Student Services shall send a copy of his/her decision to the accused student
and complainant by certified mail, return receipt requested, within the fifteen
(15) work days prescribed above. The decision of the Dean of Student Life or the
Vice President of Student Services shall be considered final.
- Freedoms The following enumeration of freedoms shall not be construed to deny other
rights retained by students in their capacity as members of the student body or
as members of the campus community:
- Freedom of Access.
- Within the limits of its resources, Northeast will admit all applicants who are
qualified in accordance with published admission requirements.
- All facilities and services of Northeast will be available to registered students
insofar as practical according to Northeast policy.
- Freedom in the Classroom.
- Students will have the freedom to inquire, discuss, and express their views by orderly
means that do not infringe upon the rights of others or impede the progress of the
- Students have the right, through a course syllabus or outline, to be informed of
the academic standards expected of them in each course. Academic standards include,
but are not limited to, class attendance requirements, objectives to be achieved,
and the grading criteria which are applied to a particular course.
- Students have the right to be evaluated solely on the basis of their academic performance,
not on their opinions or conduct in matters unrelated to academic standards or course
requirements. Students have the right to be protected through established procedure
against prejudiced or capricious academic evaluation.
- Students have the right to expect that faculty will post and maintain office hours,
as required by Northeast policy. Students may also expect that faculty will be available
during scheduled office hours to help with academic concerns.
- Students have the right to expect the institution to provide reasonable academic
assistance both in and out of the classroom.
- Students have the right to be free from explicit or implied harassment including,
but not limited to, sexual or racial harassment.
- Students will have the opportunity, through established institutional mechanisms,
to assess the value of a course theme, to make suggestions as to its direction,
and to evaluate both the instructor and the instruction they have received.
- Freedom on Campus.
- Students have the right to discuss and express by orderly means any view in support
of any cause, providing it does not disrupt the operation of the institution or
infringe on the rights of other members of the college community.
- Students are free to determine their personal behavior without institutional interference,
according to the following guidelines.
- Dress and grooming are modes of personal expression which are left to the individual
except when they violate the Student Code, Residence Life Manual, or for reasonable
requirements of health and safety. Standards of dress and grooming will be set for
ceremonial occasions, such as graduation, the nature of which requires particular
- Student’s lockers or Residence Hall rooms will not be searched unless:
- The student utilizing the locker or room, or to whom the possessions in question
belong, consents to the search, or
- A law enforcement officer conducts a search pursuant to a judicially obtained search
- The search is conducted pursuant to administrative approval by the Vice President
of Student Services or his/her designee. In those instances where there is probable
cause to believe that a life-threatening situation exists, no warrant will be necessary.
- Freedom from Improper Disclosure of Student Records. The privacy and confidentiality
of all student educational records will be preserved and access guaranteed in accordance
with the Family Educational Rights and Privacy Act of 1974 (as amended, 2011) and
pursuant regulations. Northeast will not permit access to, or the release of, non-directory
student educational records or personally identifiable information contained therein
without a formal Release of Information signed by the student. All information pertaining
to an individual student may be inspected by school officials pursuing legitimate