/Institutions/National-Louis-University/json/2013-2014-final/Undergraduate-and-Graduate-Catalog-local.json

/Institutions/National-Louis-University/json/2013-2014-final/Undergraduate-and-Graduate-Catalog.json

Due Process

Due process is defined as the fair treatment and protection of the rights of an individual while determining guilt or innocence, and the applicability of a sanction. It is also designed to determine, without bias, what is best for the student and for the NLU community. The following guidelines pertain:

1. The student shall receive a written notice of all charges, the names of available witnesses, any evidence brought forward, and the time and place of the hearing at least five days prior to the date of the hearing. These will be collected and sent to the student by the Director of Student Experience or his/her designee.
2. The student will be notified which judicial body will hear his/her case. At this time if the student wishes to bring witnesses to the hearing the accused student must notify the the Director of Student Experience within 48 hours of the date of the hearing and provide the names of additional witnesses and any related materials pertinent to the matter. All individuals who wish to participate in the administrative process must submit a written statement to the Director of Student Experience within 48 hours regarding this matter.
3. The student is entitled to one of the three types of judicial hearings, which shall be held in not less than five, nor more than 15 business days from the date of the charge notification unless the student charged expressly waives all or part of the notice period, or a continuance is granted by the Director of Student Experience.
4. A student may appear in person and present evidence in defense, and ask witnesses to attend on his or her behalf. If a student wishes to have witnesses present, each witness must submit a written statement no less than 48 hours prior to the date of the hearing. If the accused student does not attend, the absence shall be noted without prejudice, and the proceeding will take place without the student.
5. The accused student may be assisted during the hearing by an advocate who is a member of the University community ( student, staff or faculty member) of the accused student’s choice, to provide counsel.
6. The accused student may challenge the participation of any member of the judicial board for good and substantial reasons, but the member’s continuation is at the discretion of the Judicial Administrator conducting the hearing.
7. The decision of the judicial body shall be made only on the basis of materials and evidence relative to the case.
8. The accused student and complainant are each entitled to written notice of the results of the hearing sent within 10 business days.
9. All hearings are closed to the public. Persons in attendance shall be limited to members of the Administrative Hearing Committee or Campus Judicial Board, the University’s Chief Legal Officer, student(s), staff and/or faculty member(s) who submitted the charge, the charged student, the student's advocate, and witnesses. All persons involved in a hearing shall agree to hold information related to the judicial case confidential.
10. A tape recording of the hearing shall be made by the Judicial Administrator and filed with the Director of Student Experience. The accused student may request access to the tape recording.