Student Code of Conduct

Policy Title: Student Code of Conduct Policy
Policy Owner: Dean of Student Affairs
Policy Number: SAO.1100.2
Responsible Office: Student Affairs Office
Revision Date: 05/15/2020

1. Purpose and Scope
The Student Affairs Office (SAO) at North American University is dedicated to the education and development of students both in and out of the classroom. Through progressive activities, events, programs and seminars, the Office encourages leadership and engagement with the University. The Student Code of Conduct Policy emphasizes the institution’s commitment to promote the intellectual development of its students, sets forward those acts that are found unacceptable for students, and disciplinary actions taken by the Student Affairs Office.

2. Policy
The student code of conduct supports certain standards by outlining and enforcing acceptable behaviors. Students must abide by the regulations described in the student code of conduct.

A student who fails to comply with the conduct standards may be subject to a verbal or written reprimand, probation, suspension from classes, or termination from the University, depending on the nature and severity of the violation. Re-admittance following such termination is at the discretion of the Vice President for Academic Affairs and relative to the nature and severity of the conduct violation. Students should immediately report any violations of conduct policy to the Student Affairs Office. The cases will be discussed and decisions will be made by the Disciplinary Hearing Committee as outlined in the Discipline Policy and Procedures (SAO.1100.3).

The purpose of this policy is to establish a smoke-free environment in the North American University campus community. Definition of Smoking is creating smoke by lighting, inhaling, exhaling, burning, puffing, or carrying any lighted cigarette, cigar, pipe, or any other device or product used for smoking. Effective August 27, 2012, smoking is prohibited in the North American University campus community. The North American University campus community is to include any properties owned and operated by the University and its officials including buildings, parking areas, sidewalks, sports fields, and dorms, except designated smoking areas. Administrators, faculty, staff, students, and visitors of the University community are encouraged to directly inform those unaware or in disregard for this policy in a kind manner. Students and visitors who violate the policy are subject to verbal or written warnings. Persistent violations are subject to a $50 fine and further disciplinary action.

Hazing is strictly forbidden. Hazing is an initiation process involving harassment, abuse, or humiliation; and it endangers the physical or mental well-being of the targeted student. Forms of hazing include beating, forced physical activity, forced consumption of food, alcohol, beverage, or drugs, intense ridicule or embarrassment, forced pledges, deprivation of sleep, excessive physical discomfort, and sexual harassment. Administrators, faculty, staff, students, and visitors must abide by this hazing policy. Hazing incidents can be reported to the Student Affairs Office. Violators of the policy may be subject to disciplinary action in addition to any fine imposed by the state.

The sexual harassment policy covers all administrators, faculty, staff, and students of the University while on University property. The University prohibits sexual discrimination, sexual assault, and sexual harassment activities including but not limited to sexual advances, physical conduct of a sexual nature, requests for sexual favors, and words of sexual content between members of the University.

Any University member who feels sexually harassed should immediately report the incident. Reports can be made to the Student Affairs Office, or anonymously through My Safe Campus online (www.mysafecampus.com) or via the My Safe Campus hotline (1-800-716-9007).

Anyone who has been sexually assaulted may choose to pursue both criminal prosecution and/or university disciplinary processes. The Disciplinary Hearing Committee will conduct a respectful, prompt, and confidential investigation within 60 calendar days of the report date. Resources are available for victims of sexual assault or harassment.

The University is committed to enforcing existing state laws and procedures in dealing with the use of substances including: alcoholic beverages, illegal drugs, and performance-enhancing drugs. Being a member of North American University is a privilege and students and faculty are expected to abide by the Substance Use and Campus Policy of the University.

Being under the influence of alcohol as defined by federal, state, and or local law is strictly forbidden. Any individual who uses, possesses, sells, or distributes alcoholic beverages on campus, off-campus dorms, or at university-sponsored events held off campus will be subject to disciplinary action.

Possession of illegal drugs and disruptive behavior resulting from intoxication on campus are violations of the University policy, and any violation should immediately be reported to the Student Affairs Office. All violations are subject to disciplinary action. A student who has been found guilty of illegal possession, use, sale, or distribution of any drug, narcotic, or controlled substance, whether the infraction is found to have occurred shall be suspended for a period of not less than the remainder of the semester in which the infraction occurred, plus the following long semester.

In the event the semester in which the infraction occurred has ended by the time a student is found guilty, the student shall be suspended for a period of not less than the following two long semesters. With approval of the President or the President’s designee, suspension may be probated and sanctions may then include required counseling and/or rehabilitation along with other appropriate penalties. A second finding of guilt for a drug-related offense shall result in permanent expulsion from the university.

Possession of a handgun under the authority of the Texas concealed handgun license law is prohibited on campus (Texas Civil Statutes, Article 4413 29cc). Ammunition, long blade knives (blades over 3” long), or any type of weapon is a violation of University rules and is not permitted. Students who violate this policy may be subject to severe sanctions including dismissal from the University.

Use or possession of flammable materials, except as expressly permitted by a University official, is forbidden. This includes but is not limited to: incendiary devices or other dangerous materials, or substances used to ignite, spread, or intensify flames for fire.

Theft is illegal. Students guilty of theft are subject to disciplinary action including dismissal and may be reported to local law enforcement. Any student who damages campus property or property belonging to other students is responsible and liable for repair or replacement costs and is subject to disciplinary action.

All students are expected to keep the school environment free from intimidation and harassment, regardless of sex, race, age, religion, national origin, or ability. Fighting, intimidation, harassment, and bullying on school property and its residential facilities is absolutely forbidden and may result in disciplinary action.

All kinds of gambling, wagering, gaming and bookmaking on school property and its residential facilities are absolutely forbidden and may result in disciplinary action. Unless it is presented as an approved Student Affairs Office event.

Forcible or unauthorized entry to any building, structure, or facility and/or unauthorized entry to or use of University grounds as well as unauthorized use, distribution, duplication, or possession of any key(s) issued for any building, laboratory, facility, room, or other university property are strongly prohibited. It is also forbidden to possess or use University property or the property of any other person or business without authorization. All violations are subject to disciplinary action.

All students are responsible to comply with requests of a University official acting in the performance of his or her duties, or identify oneself to University officials when requested to do so. Failure to comply with such directions and requests may result in disciplinary action.

Initiating, causing, contributing, or knowingly reporting false alarms, tampering with safety or fire equipment, or engaging in behavior that presents a fire hazard are strictly forbidden and may result in disciplinary action.

For safety reasons, use of skateboards, scooters, roller blades, and bicycles in University buildings are not permitted on campus.

Violation of published University policies, rules, or regulations is strictly forbidden and may result in disciplinary action.

It is strictly forbidden to provide false information in any form to University officials and knowingly misuse, misrepresent or falsify any University record, I.D. card, form, computer resource or procedure. Students who are violating this policy may be subject to disciplinary procedures.

All students are required to meet financial responsibilities to the University promptly. Violations of this policy include: knowingly passing a worthless check or money order as payment to the University or to a member of the University community acting in an official capacity, or failure to pay outstanding bills.

 
3. Procedures
Violations of University Academic Policies, Student Affairs Policies, and Student Code of Conduct should be reported to the Student Affairs Office within 30 days of the incident. Reports can be made using the Student Complaint Form and should describe the incident including when, where, and how it happened. Disciplinary action, as required, is determined by the Disciplinary Hearing Committee. In addition to any legal actions that local law enforcement may pursue as a result of violation of Texas State law, the Disciplinary Hearing Committee may impose sanctions that include fines, counseling, assignment/projects, rehabilitation programs, and/or expulsion from the residence halls. Depending on the nature of the violations, the University may sanction a student to suspension or expulsion from the University. These sanctions also apply to all students that reside in the dorms. For resident disciplinary actions and/or sanctions please see the Residential Handbook and Resource Guide.

Except in those cases where immediate interim disciplinary action has to be taken, the accused student shall be given at 2 class days’ written notice by Discipline Committee Secretary or an appointed person if secretary is not available on the date, time, and place of the hearing. Hearings will be held under the procedures set forth and will be held as soon as practicable within 2 weeks after the administrative investigation has been held, unless otherwise agreed to by the student. An administrative investigation shall be completed or the accused student shall will meet with Dean of Student Affairs or a designated appointee prior to beginning the disciplinary hearing process.

For reoccurring incidents, the student will receive a verbal warning, then a written warning, and then a referral will be submitted to the Student Affairs Office after the third incident in reference to the student. The accused student will then receive a letter notifying him/her about the hearing in the Discipline Committee. At that time, the student will have the chance to state his/her case.

Upon a hearing of the charges, the University representative has the responsibility of going forward with the evidence and proving the charges by the greater weight of the credible evidence. The hearing shall be conducted in accordance with the procedures adopted by the University, which assure both parties (University representative and accused student) the following minimal rights:

  • Both parties will exchange lists of witnesses, expected testimony, and copies of documents to be introduced at a reasonable time prior to the hearing.
  • Each party shall have the right to appear and present evidence in person and to be assisted during the hearing by a designated representative or counsel of choice. Each party shall limit its presentation to relevant evidence. The accused student must attend the hearing if the student desires to present evidence in his/her behalf. If the student fails to appear, the hearing shall proceed.
  • Both the University representative and the accused student shall have the right to question witnesses. The accused student may question witnesses with the advice of
  • To the extent that the University representative uses legal counsel for other than advisory purposes during the hearing procedure, the student shall be afforded the same opportunity. The University shall give the student notification of the intent to use legal counsel for other than advisory purposes at the time the student is notified of the hearing.
  • The hearing will be recorded. If either party desires to appeal the finding, a copy of the recording will be produced at the expense of the party appealing the finding, and both parties will be furnished a copy.

The purpose of this Committee is to hear those cases in which the accused student disputes the facts upon which the charges made by the University are based. Such charges shall be heard and determined by a fair and impartial committee. The committee shall consist of three (3) members of the University faculty, one (1) student, and one (1) staff member. The President selects a faculty member of the committee to serve as Chair for a one-year term.

The accused student may challenge the impartiality of a member of the Disciplinary Hearing Committee at any time prior to the introduction of any evidence. The member of the Committee shall be the sole judge of whether he/she can serve with fairness and objectivity. In the event the challenged member of the Committee chooses not to serve, a substitute will be chosen by the Dean of Student Affairs.

The Disciplinary Hearing Committee shall render a decision to both parties within a reasonable time. The decision shall contain evidences, facts, and conclusions as to the guilt or innocence of the accused student. If the accused student is found guilty, the Disciplinary Hearing Committee shall assess any penalty or penalties in accordance with the following prescribed penalties, but not necessarily limited to:

  1. Verbal or written
  2. Requirement that the student completes a special project which may be, but is not limited to, writing an essay, attending a special class or lecture, or attending counseling sessions. The special project may be imposed only for a definite
  3. Restitution, whether monetary or by specific duties or reimbursement, for damage to or misappropriation of University, student, or employee
  4. Suspension of rights and privileges, including access to electronic network facilities, and participation in athletic, extracurricular, or other student
  5. Community service as directed by the disciplinary officer to be completed either on campus or in the community at
  6. Cancellation of dorm
  7. Disciplinary probation imposed for a definite period of time which stipulates that future violations may result in disciplinary suspension. During the period of probation, students may not hold elected student offices nor participate in social activities.
  8. Ineligibility for election to the Student Government Association (SGA) for a specified period of
  9. Removal from student clubs/organizations for a specified period of
  10. Prohibition from representing the University in any special honorary
  11. Withholding of official transcript or
  12. Loss of or ineligibility for student grant or
  13. Bar against
  14. Denial or non-recognition of a
  15. Withdrawing from a course with a grade of “W.”
  16. Failing or reduction of a grade in test or course, and/or retaking of test or course, and/or performing additional academic work not required of other students in the course.
  17. Deferred suspension for a specific period of time. During the period of deferred suspension, if a student is found guilty of any violation of the University’s rules, regulations, or policies, he/she will be suspended from the University and may not appeal the
  18. Suspension from the University for a Specified Period of time. During suspension a student shall not attend classes or participate in any University campus
  19. Dismissal from the University. A student who is dismissed is separated from the University for an indefinite period of
  20. Expulsion from the University. A student who is expelled from the University is not eligible for readmission to the University

Recording sanctions (13), (14), (15), (16), (17), (18), and (19), (20) may be made on a student’s permanent transcript. The University may maintain confidential records of all other sanctions and may consider any prior sanction received by a student assessing a subsequent sanction. The University shall dispose of those records not transcribed on a student’s permanent transcript within a reasonable time period not to exceed five (5) years after the student ceases to be enrolled.

Neither party may appeal if the hearing committee determines that the allegations against the accused student are true, but the only punishment assessed is a verbal or written warning. In those cases, the determination of the Dean of Student Affairs, a designated appointee or the Disciplinary Hearing Committee is final. In all other cases, however, either party may appeal. If the University hearing officer has been an appointee designated by the Dean of Student Affairs, the appeal will be made to the Vice President for Academic Affairs. Written notice of appeal must be sent to the Dean of Student Affairs or, as appropriate, to the Vice President for Academic Affairs within five class days after the decision of the committee. Both parties may, at the discretion of the Vice President or Dean submit oral or written arguments to support their positions. In order for the appeal to be considered, the appealing party must submit all necessary documentation, including written arguments where appropriate, to the Vice President or Dean of Student Affairs within 5 class days after giving notice of appeal.

 

The President or Vice Presidents will review the decision by examining file documents and in the case of an appeal of a decision made by the Disciplinary Hearing Committee, the recording made during the hearing. The President or Vice Presidents may approve, reject, or modify the decision in question or may require that the original hearing be reopened for the presentation of additional evidence and reconsideration of the decision.

 

The Dean of Student Affairs or the Vice President for Academic Affairs may take immediate interim disciplinary action. This includes suspension, pending a hearing, against a student for violation of a rule and regulation of the University at which the accused is a student. This will occur when the continuing presence of the student poses a danger to persons or property or an ongoing threat of disrupting the academic process.

North American University (NAU) is committed to fair and equitable treatment of all members of the institution’s community through compliance with University policies, state and federal regulations, and standards of ethical and professional conduct. As such, NAU ensures that students have the right to formally report complaints or grievances regarding the University itself, or its faculty or staff or students. All grievances and complaints will be taken into consideration. This includes NAU Distance Education students.

Complaint/Grievance is an injustice or prejudice that a student or faculty or staff member inflicted upon a student and the student deems unjust to their learning or learning environment. It can also be an issue concerning implementation of University policy, procedure and practice. This includes all on campus areas not just in the classroom.

NAU encourages individuals to seek resolution to a grievance/complaint. If a student decides to file a formal Complaint/Grievance, it needs to be done as soon as possible but not exceeding 20 business days from the date of the incident using the Student Complaint/Grievance Form available on the NAU website or from the Student Affairs Office.

This form needs to be submitted to the Student Affairs Office by dropping off the form or emailing it to Studentlife@na.edu. The Student Affairs Office reviews the submitted form. Depending on the severity of the Complaint/Grievance, Student Affairs Office either submits the form to the appropriate supervisor or convenes the Complaint/Grievance Committee.

If Student Affairs Office deems the complaint/grievance can be resolved with a related party or a supervisor the following will happen:

Step 1: The Student Affairs Office informs the student via NAU email ensuring that his/her claim is being taken into consideration and who contacts them next.
Step 2: The Student Affairs Office informs the related supervisor/administrator.
Step 3: Within two weeks, the supervisor determines the best course of action and informs the student via NAU email. The supervisor may contact the related parties during the investigation.

The student has the right to appeal the decision to the Provost. Any appeal must be in writing and submitted to the University Administrative Secretary within five business days of receipt of the supervisor’s decision. The Provost Office’s decision is final.

If Student Affairs Office deems the complaint/grievance to be a severe issue, the following will happen:

Step 1: The Student Affairs Office informs the student via NAU email ensuring that his/her claim is being sent to the Complaint/Grievance Committee and the committee will be in contact with them.
Step 2: The Complaint/Grievance Committee is formed by the Dean of Student Affairs and the Student Government Association (SGA) and is comprised of two faculty members and two staff members appointed by the Dean, and a student appointed by the SGA.
Step 3: The Complaint/Grievance Committee meets to discuss the complaint/grievance and devise a solution or process, as appropriate within 15 business day. The committee may call a formal hearing to interview the involved parties and/or witnesses, as appropriate.
Step 4: The committee will inform the related parties of the next step or the decision either via email or by formal NAU letterhead.

The committee decision may be appealed to the Provost or President. Any appeal must be in writing and submitted to University Administrative Secretary within five business days of receipt of the committee decision. All communications during this process will be conducted via the official NAU email. Students can access to complaint procedures and forms following the link: Complaint Procedures

In the event that a grievance remains unresolved, students may submit a formal complaint to the University’s accreditor ACCSC (www.accsc.org) or the Texas Higher Education Coordinating Board (THECB).

Information about the THECB Student Complaint process, including relevant state regulations, forms, and contact information, is available at the agency’s website: THECB Student Complaints

The web address for the rules governing student complaints – Title 19 of the Texas Administrative Code, Sections: 1.110-1.120

tudents should note that these agencies do not accept anonymous complaints, and complaints should be related to the standards of accreditation established by the respective organization. Please note that North American University has an Anonymous Incident Reporting System. Students may report such incidents through a confidential reporting system called My Safe Campus. Reports may be submitted anonymously via the website www.mysafecampus.com or by calling at 1-800-716-9007. The confidential report is treated as a formal grievance request and forwarded to the NAU Administration.

4. Who Should Read This Policy

  • Students

5. Related Documents and References

6. History

  • Creation Date: 08/2012
  • Revision Date: 08/2013
  • Revision Date: 08/2016
  • Revision Date: 09/19/2018
  • Revision Date: 05/15/2020