National University 2018 General Catalog

Either party may submit a request for an appeal for one of the three reasons above. The VPSS must receive any request for appeal in writing online via the Student Conduct page by pressing the File an Appeal button along with all relevant documentation within three (3) business days of the written decision being sent to the parties. Vice President, Student Services National University 11255 N. Torrey Pines Road La Jolla, CA 92037 jzavala@nu.edu The VPSS will review the request for appeal to determine if the appeal meets the limited grounds and is timely. If the appeal is not timely or eligible, the original finding and any sanctions, if sanctions were issued, will stand and the decision is final. The VPSS will notify both parties in writing. The decision of the VPSS to deny appeal requests is final. If the appeal is timely and eligible, the VPSS will share information from the appeal with the other party, who may file a response within three (3) business days. The VPSS will review the statements of both parties and may consult with the OSC staff who resolved the complaint and issued findings. If the VPSS determines that new evidence exists which should be considered, the VPSS will return the complaint to the OSC to reconsider in light of the new evidence only. The reconsideration of the OSC may not be appealed. If the VPSS determines that the grievance procedure was not followed which significantly impacted the outcome, the VPSS will return the complaint to the OSC to correct the error. The results may not be appealed. United States Department of Education State Authorization Regulation requires institutions to comply with applicable requirements in each state. National University works with higher education authorities in all states and other U.S. jurisdictions to ensure compliance with all state and federal requirements that govern the offering of online courses in those states, including complaint processes. In accordance with 34 CFR 600.9, institutions must provide current and prospective students with contact information for filing complaints. Students who wish to file a complaint based upon discriminatory treatment should review Civil Rights Policies and Procedures found in the policies and procedures section of the General Catalog. National University encourages you to resolve issues or complaints informally or formally through Student Services. However, if an issue cannot be resolved internally, you may file a complaint about National University with your state of residence or with the University’s accrediting organization. Alabama Department of Postsecondary Education PO Box 302130 Montgomery, AL 36130-2000 Phone: 334.242.2959 Alabama Commission on Higher Education 100 North Union Street PO Box 302000 Montgomery, AL 36130-2000 Phone: 334.242.2109 Alaska Commission on Postsecondary Education PO Box 110505 Juneau, AK 99811-0505 Phone: 800.441.2962 Arizona State Board for Private Postsecondary Education 1400 W. Washington Street, Room 260 STUDENT COMPLAINT State Contact Information

The student may identify witnesses whom they believe have relevant information to impart to the Conduct Officer. If the Conduct Officer determines that the witness may have relevant information, s/he will make a good faith effort to contact such witnesses to obtain a statement from them. However, the Office of Student Conduct cannot guarantee the participation of an identified witness. The Conduct Officer may decline to contact any witnesses if the Conduct Officer believes that the witness does not have information relevant to the facts in dispute. The respondent may submit questions to the Conduct Officer to be asked of the witnesses, but is not entitled to be present during the Conduct Officer’s interview of witnesses. It is within the discretion of the Conduct Officer to decide whether to ask the witnesses any question(s) submitted by the respondent. Students and university employees are expected to participate as reasonably requested in conduct proceedings as a responsibility of membership in the university community and failure to do so may result in disciplinary action. The Conduct Officer may re- interview the respondent or any witnesses, including the complainant, in order to obtain responses to additional information gathered during the administrative review. Technical rules of evidence and procedures applicable to civil and criminal court cases do not apply to the student conduct process. Any relevant information may be considered if it is the sort of information on which responsible persons are accustomed to rely in serious affairs. No information other than that received in conjunction with the conduct process shall be considered. The Conduct Officer may exclude any person, including the respondent and/ or their advisor, who disrupts a meeting. The Conduct Officer will make determinations about the facts and the credibility of those providing information and determine whether the student has violated the Student Conduct Code. If the student is found responsible for violating the Student Conduct Code, the Conduct Officer will determine any aggravating or mitigating circumstances and assign sanctions. The Conduct Officer will notify the respondent of the decision in writing. In cases of crimes of violence and sexual harassment, the complainant will be notified of the decision. The appeal process in these cases is outlined in the Appellate Procedure. c. The Office of Student Conduct keeps a record of the information obtained. The record includes copies of all correspondence between the respondent and the university, copies of any audio records, all documents, and the decision. d. If the student does not schedule or attend a scheduled meeting with the Con- duct Officer or attends a meeting but does not participate by the date specified in the notice, the Conduct Officer may decide the outcome of the case in the student’s absence or without the student’s participation based on the information available to the Conduct Officer. e. Unless unusual circumstances beyond the control of the student arise, a delay in the process will not be granted. The Conduct Officer may establish deadlines within the administrative process as necessary for prompt and effective case resolution. Standard Proof and Process In order to find that a student has violated the code of conduct, the standard of proof required is a preponderance of the information contained in the record. The information must demonstrate that it is more than likely than not that the student violated the Student Code of Conduct. All student conduct proceedings are closed. The university may audiotape any conduct proceeding. Appellate Procedures The only grounds for appeal are as follows: 1. To consider new evidence, unavailable during the original investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the request for appeal; or 2. The sanctions imposed are substantially disproportionate to the severity of the violation; or 3. The grievance procedure was not followed which significantly impacted the outcome.

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POLICIES AND PROCEDURES // NATIONAL UNIVERSITY 59

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