Students are often unwilling participants in the student conduct process. As an advisor, you might have questions about the equity and fairness of the conduct process, and you may want to be included in it. Please choose from the categories below to get answers to your most frequently asked questions.
- I have been asked to serve as an advisor for a student/student organization in the student conduct process. Do I need to inform the university?
- The UNLV Student Conduct Code affords all students/student organizations involved in the university disciplinary process — complainant or charged — the right to an advisor of his or her choice. All UNLV students/student organizations are expected to represent themselves in all student conduct matters, whether or not the student/student organization is also facing criminal charges related to the same incident(s).
It is the student/student organization’s responsibility to inform the Office of Student Conduct, in writing, if they wish to have an advisor present during any part of the student conduct process. In addition, the Office of Student Conduct will correspond at all times directly with the student/student organization and not through a third party. A third party, such as an attorney, may receive copies of correspondence if the student signs a waiver to this affect.
- Can I attend meetings or hearings regarding my student/student organization’s case?
- Yes. If the student/student organization has signed an Advisor Authorization Form, an advisor may accompany a student/student organization to any student conduct meetings or hearings with the Office of Student Conduct.
- Can I represent my student/student organization during student conduct meetings or hearings?
- An advisor may not speak for a student/student organization or address witnesses, complainants, victims, or hearing panel members without authorization from the hearing board chair or an Office of Student Conduct staff representative. Additionally, an advisor cannot serve as a witness.
- My student/student organization is charged with a crime off-campus. Can I get the proceedings delayed until the criminal matter is resolved?
- The student conduct process at UNLV is not a determination of law; the university is making a determination of whether or not a student has violated university rules and regulations. Information from a criminal proceeding may be used as part of a student conduct case, but is not determinate of student conduct findings. Persons found in violation may be accountable to both civil and criminal authorities and to the University for actions that constitute violations of the Student Conduct Code. At the discretion of UNLV officials, conduct action at the university may be delayed or continue to move forward while civil and/or criminal proceedings are pending or in progress.
- Isn’t the student conduct process double-jeopardy for someone also facing criminal charges?
- No. Double-jeopardy is a concept that applies solely to criminal proceedings. The university student conduct process is an administrative proceeding; therefore, double-jeopardy does not apply.
- What is the standard of proof in the student conduct process?
- The UNLV student conduct process uses a standard of proof called Preponderance of the Evidence to determine student/student organization responsibility for a violation of the Student Conduct Code. Preponderance of the Evidence means that it is more likely than not (50.1 percent or greater) that a particular behavior or incident took place. This is a different standard of proof than what is used in the criminal justice process.
- Why can the university take action if the alleged incident occurred off campus?
- UNLV reserves the right to address off-campus behavior of its students/student organizations if the incident has impacted or is likely to impact the UNLV community. The Student Conduct Code also applies to university-sponsored events, trips, and activities that may occur at off-campus locations. The university will determine on a case-by-case basis whether or not a student/student organization’s alleged conduct requires action by the university.
- What will happen if my student/student organization refuses to participate in the student conduct process?
- While the Office of Student Conduct will provide notice of all meetings/hearings and encourages all students/student organizations to participate in the student conduct process, it retains the right to proceed without the student/student organization’s involvement. In that instance, a decision will be reached based on the information that is provided to the hearing panel or administrator. The student/student organization may not use his/her/its refusal to participate as a later ground for appealing a decision.
- What if my student/student organization chooses to participate in the process? Is the student/student organization granted any immunity in the criminal process?
- No. All student conduct matters are subject to lawful subpoena. This includes recordings, written statements and records, and personal recollections. The university may contact the appropriate law enforcement agency anytime violations of the law become evident through the student conduct process.