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Formal Resolution
The University Hearing and Appeals System (UHAS) is not a court, legal, or trial system, and the resolution options, including formal resolution, available through UHAS are not constrained by the rules of procedure or evidence typically used in a court of law. UHAS operates under a standard of fairness, which includes an opportunity for the student(s) or student group to be notified of the alleged misconduct and the policy violations under consideration and an opportunity to be heard. As such, if a case is referred for formal resolution, the respondent will be notified of the alleged misconduct and will be given an opportunity to respond.
Depending on the circumstance and in its discretion, Community Standards may consolidate for investigation and resolution multiple incidents involving the same respondent, and/or cases in which parties have made allegations.
Please note, allegations of policy violation related to the the Office of Civil Rights and Title IX Compliance policies are resolved through the respective policies as outlined in the NU-OCR policies.
Standard of Evidence
Respondents (individuals or student groups) are presumed not responsible for policy violations unless they accept responsibility or are found in violation, based on a preponderance of evidence, at the conclusion of the student conduct process. "Preponderance of evidence" means that based on the totality of information presented, it is more likely than not that a violation occurred.
Notification
The respondent will receive notification of the allegation(s) of misconduct typically three or more days prior to the community standards meeting. In circumstances that require further investigation, respondents will be notified typically three or more days prior to the investigative meeting. The notification will typically include a brief description of the alleged misconduct, including the date and place the incident allegedly occurred, a list of any University policies allegedly violated, and a description of the steps toward resolution. The University may modify the list of policies allegedly violated based on additional information revealed during investigation.
Acceptance of Responsibility for Non-Separation Level Cases for an Individual Student
After assessing reported incidents based on time, location, and context, Community Standards may issue students a proposed resolution letter as an opportunity to expedite the resolution process. The initial notice letter will be inclusive of an incident summary, any relevant information collected, allegations, and proposed outcomes.
Students that have the option to accept the proposed resolution; understanding that by accepting the resolution, they are admitting to the alleged violation of the Student Code of Conduct and are waiving the right to have a matter reviewed in a hearing or subsequent appeal. Should the individual choose to reject the proposed resolution, it will be referred back to Community Standards, and a case resolution coordinator (CRC) will outreach with a scheduled opportunity to engage in a community standards meeting in which the student will have the opportunity to share their perspective and any relevant information prior to the CRC making a decision.
Acceptance of Responsibility for Non-Separation Level Cases for Student Groups
Student groups may accept responsibility for alleged violation(s) of the Student Code of Conduct by completing the Acceptance of Responsibility (AOR) form linked in the initial notice letter. The AOR form allows a student group to accept responsibility for all or for some alleged violation(s) of the Student Code of Conduct.
When completing the AOR form, the student group will be asked to provide additional information and evidence about the matter in which it is accepting responsibility. Once an AOR form has been submitted, Community Standards will determine whether the matter meets the criteria for resolution via a Collaborative Resolution Meeting (CRM). Criteria used to make this determination include but are not limited to: the alleged policies of concern; the student group’s disciplinary history; the overall safety and appropriateness; the complexity of the violation(s); and the student group’s motivation and ability to participate.
For matters determined to meet the criteria for the CRM, Community Standards will send the student group a CRM planning letter to begin the CRM process. For matters determined to be not resolvable via a CRM process, the student group will be notified via email by Community Standards and the matter will be resolved through a community standards meeting. Review additional details of the CRM Process on page 14 of Student Handbook Appendix.
Acceptance of Responsibility for Separation Level Cases for an Individual Student
Prior to the conclusion of an investigation, the respondent may elect to take responsibility for the prohibited conduct by contacting Community Standards via the acceptance of responsibility link in their initial letter. Following the submission, Community Standards may solicit additional information relating to the matter from the respondent any any relevant parties. Community Standards will issue a brief outcome determination, inclusive of any information collected, summarizing the timeline and allegations and stating the respondent has accepted responsibility. Community Standards may then refer the matter to a sanctioning panel. In limited circumstances, when the findings, without other aggravating factors, no longer warrant consideration of separation, Community Standards may provide the respondent the option to resolve the matter administratively via a sanctioning referral. Following the determination of sanctions, a respondent may appeal the sanctions but not the finding(s) of responsibility as accepted by the respondent. In the event a respondent decides to accept responsibility for some but not all allegations, Community Standards will determine whether to proceed with the formal resolution process for the remaining allegations or for all the allegations.
Expedited Sanctioning Process: When a student has accepted responsibility, they may be given the option to participate in an expedited sanctioning process rather than the matter being referred to a sanctioning panel. In the expedited process, the student will meet with the Director of Community Standards or designee for a meeting to discuss the Acceptance of Responsibility sanctioning process options, including the proposed sanctions for the violations. If a complainant exists, in a crime of violence determination, the Director or designee would offer the complainant an opportunity to meet prior to the respondent meeting to discuss the sanctioning factors and their desired outcome. The complainant will also be given the opportunity to review the agreement prior to resolution and decline the agreement. If the respondent agrees to the proposed sanctions, they waive their right to appeal. The decision and outcomes are final, and sanctions will go into effect upon receipt of the outcome letter. If the respondent does not agree to the proposed sanctions, the case will proceed as described in the Acceptance of Responsibility process above and ultimately referred to a sanctioning panel for resolution.
Acceptance of Responsibility for Separation Level Cases for Student Groups
Accepting All Allegations: Student groups are given the opportunity to accept responsibility for their alleged policy/ies of concern prior to the determination of findings via acceptance of responsibility link in their initial letter. Following the submission, Community Standards may solicit additional information relating to the matter from the organization and any relevant parties (executive members, general members, witnesses).
- Community Standards will then issue a brief outcome determination, inclusive of any additional information gathered, summarizing the timeline and allegations and stating the responding student group has accepted responsibility.
- Community Standards may refer the matter to a sanctioning panel. In limited circumstances, when the findings, without other aggravating factors, no longer warrant consideration of separation, the Community Standards may provide the responding student group the option to resolve the matter administratively via a sanctioning referral.
- If applicable, the responding student group can submit a copy of any applicable action plans as developed by the responding group/organization within five days of receiving the outcome determination and prior to the sanctioning panel. The action plan will be shared with the sanctioning panel as a part of their materials for evaluation. The document should be no longer than five pages in length, inclusive of attachments.
- Following the determination of sanctions, the responding student group may appeal the sanctions but not the finding(s) of responsibility.
Accepting Some Allegations: The student group may also elect to take responsibility for some, but not all, allegations of concern. In this case, Community Standards will determine whether to proceed with the formal resolution process for the remaining allegations or for all allegations.
Governing Body Actions: If a finding and sanction(s) are issued by a non-Northwestern governing body (e.g., inter/national Headquarters) prior to the resolution of UHAS formal resolution process, the University may give the responding student group, (inclusive of the non-Northwestern governing body) the option to follow the acceptance of responsibility process above. The Director of Community Standards or designee may then choose to either come to a mutual agreement between the University and the student group as to sanctions or consult with a sanctioning panel to determine the appropriate sanctions from the University, either of which will be based on the sanctioning factors. Acceptance of responsibility and the proposed University sanctions prevents the need for a full investigation through UHAS process. Community Standards reserves the right to investigate and, as appropriate, hold any individuals accountable for their behaviors that may be related to the matter for which the responding student group accepted responsibility.
Types of Formal Resolution
Types of Formal Resolution
For more information on the types of formal resolution visit the following pages as outlined in the Student Handbook Appendix:
- Non-Separation Level Cases (pages 13-15)
- Separation-Level Cases (pages 15-21)